Her government commitment

[dstarsboy]

I have a fiance in China and she went through this government program where they give her an education abroad in exchange for 5 years of service when she returns. She had to sign her parents house as collateral for the deal. She's 2 years into her service and she intends on finishing the next 3 years there.

 

I've already flown out to visit her twice (and even live with her for 2 months) but I have work obligations here that prevent me from seeing her again for over a year. So, I want her to come here (Phoenix, AZ) for a quick 3 week vacation so we can get married then have her go back to continue her obligation and we can look at planning the next few years down the road.

 

Now, my question:

 

What are her chances of getting a tourist visa to visit me if we provide proof of this obligation, two way plane ticket, proof of her great job there, etc? Should we even mention that we're engaged?

 

PS. I know I can bring her over on a K-1 visa but doing all of that paper work and have her come here for 3 weeks then go back and have to do it again later seems pretty silly.

 

Any help is appreciated, thanks!

[dnoblett]

I would shoot for the tourist visa, show that there is a strong commitment and contract to her obligation. Be honest if asked about boy-friend in the states, answer yes is to visit.

 

Nothing to prevent getting married in the states and doing what you plan. And then later apply for a spouse visa just before her commitment is completed to be able to immigrate to the USA. This is a very reasonable idea, and since there is no intention to stay after marriage, there is no visa fraud involved with using a B-2 this way.

 

If they deny the B-2, either try again, some have found that trying again with better ties to China results in an approval, if not then can always fall back on the K-1.

 

The big plus to this plan is being married more than 2 years before coming to the USA eliminates one future step of filing an I-751 at 2 years of US residency saving additional paperwork and cost down the road, the 2 years marriage prior to becoming a US Resident results in an IR-1 visa, and automatic unconditional residency status upon arriving in the USA as an immigrant.

[dstarsboy]

Thanks for the reply, I didn't know about the 2 year marriage abroad thing. How interesting!

 

Your information was a great help. The only part I'm hazy on is should we tell the Embassy what we're planning on doing when she comes here (and prove that she's going back) when we apply for the tourist visa or should we keep the application completely "tourist" based, as far as they know?

Edited July 3, 2012 by dstarsboy (see edit history)

[dnoblett]

I would not mentioned engaged, and plan on marriage, that would tip the scales over on intent, even avoid mentioning this at the POE upon arrival, I have seen posts about getting put on the next plane home if the POE suspects immigrations intent, I have seen posts where if the POE sees wedding stuff like dress, and documents like birth cert in baggage, denying entry to the USA.

 

Best to treat the visit as a visit, and do the marriage thing as if spontaneous and then return to the home country.

 

A week or so ago I advised a nice lady on Face Book who was visiting that marriage on B-2 is OK as long as there is no intent to stay afterward.

[2mike&jin]

Congrats on your new love. As I read your post - I couldn't help feel "worried" that you intended "could have" joined the CCP, since it is some form of Government commitment. Most Civil Servants do not have to join the CCP, but there are certain areas that joining is encouraged. Just a "concern" as I read this. Your play would of course be slightly different if she were a member. Sorry in advance if this is not the case - just couldn't help but think it was a possibility. Take Care, best of luck.

[dstarsboy]

@dnoblett Thanks! This is what I was thinking as well. I didn't know about the POE issues but I'll make sure to prep her in advance. Wish me luck on getting her a tourist visa! Thanks again.

 

@2mike&jin From what I've spoken to her about the program, it sounds like it was influenced by a Russian "send students abroad to learn other cultures and bring them back to apply what they've experienced" sort of thing that existed many years ago. She's from a more rural region and it was more of a provincial program. They tried it for a few years and have since bailed on it, as it's not being done any more but it sounds like they're still serious about completing the obligation else losing your collateral. The program seems CCP influenced, since the terms were taken from a Russian program, but it was open to the general public and the "work" she is obligated to do can be with any company, as long as it's in her field of study. All of the paperwork I've seen so far indicates that she's clear and free to come here after she's worked for a few more years.

[dnoblett]

What mike was saying, did she have to join the party as part of her work. If so no worrys, if the time comes to interview for a spouse visa at the consulate be honest about it, the results is NOT a denied visa, only some additional proccing after the interview.

[david_dawei]

I am missing something... why waste time, money, and denials over tourist visas to marry (which is visa fraud) when you can just marry in China?

 

Why complicate this... there is such a simple path to follow.

[dnoblett]

David, only visa fraud if intent was to marry and then adjust status after the marriage, that is what a K-1 is for. Many do marry on a tourist visa or when visiting the USA and then return to home country afterward, no fraud in that. For example a Canadian couple visit LasVegas and get hitched and then return to Canada, no issues with that or an American couple go to the Caribbean and get hitched without intending to live there, again no fraud there either.

[david_dawei]

INTENDING AND PLANNING to marry on a tourist visa is fraud... It is pre-meditated, however you spin it. I would personally never recommend it.

[david_dawei]

Here is a little hint to the issues...

 

Non-immigration visas (NIV) have the PRESUMPTION that the alien plans to willfully commit visa fraud...

 

And if the consulate issues a visa, that means they believe there is no fraud about the visa.... It is to be a tourist.... No other pre-meditated acts...

 

JMO... but the first comment above is fact from the consulate denial papers for NIVs.... just read the plain text in english.

[Randy W]

It's not clear what you're missing there, David. Like Dan said, many people do exactly that. You can get married anywhere, at any time.

 

http://www.visapro.com/Immigration-Articles/?a=1252&z=36

 

The basic answer generally, is yes. You may enter the US on a tourist visa, marry a US citizen then return home before your tourist visa expires. The time when you do run into trouble is when you enter the US on a tourist visa with the clear intention of marrying and staying in the US.

[dnoblett]

When starting the visa process way back when I picked up a book written by a lawyer Fiance & Marriage Visas: A Couple's Guide to U.S. Immigration, yes they indicate a visit visa as an option, however they author also recommend that this should be indicated to the interviewing officer when interviewing for the visa, if the officer grants the visa anyway, then it should not be grounds for misrepresentation later down the road.

 

So the risks are denied B-2 or be denied entry to the USA in which case simply apply for a K-1 or get married in China and later apply for a spouse visa.

[tsap seui]

I hope it works out for you so that you can marry in the states and start that 2 year clock ticking. It's looking like everyone is having trouble with slow processing of green cards for AOS. That was one of the best things that happened in our almost 5 year visa journey...we got an IR-1 visa with it's 10 year green card....no more fees and NO MORE PAPERWORK and waiting around on Uncle Scam.

 

Good luck, looks like you're honest and not playing the system, let's hope it works out for you guys. Even if it doesn't I'd highly suggest going back to Chiner and getting married over there, again to start the 2 year clock ticking for an IR-1 visa when you decide to bring her over for good.

 

tsap seui

[david_dawei]

It's not clear what you're missing there, David. Like Dan said, many people do exactly that. You can get married anywhere, at any time.

 

http://www.visapro.c...es/?a=1252&z=36

 

The basic answer generally, is yes. You may enter the US on a tourist visa, marry a US citizen then return home before your tourist visa expires. The time when you do run into trouble is when you enter the US on a tourist visa with the clear intention of marrying and staying in the US.

My rhetorical comment was meant to imply: Why attempt all the uncertain, stressful hoops of trying to get a visitor visa for the single reason of marriage: Just marry in china... it is that simple a path.

 

The stress to lead your lady to belief you *might* or *could* get a visitor visa and then prepare, try, and ... well... who knows... and then what to do if you don't get it? Explain the BS involved? Do they really care about that??? (more rhetorical questions; no answers expected).

 

The problem with the vispro comment is that it is up to the VO you meet that day when you try to explain your sole purpose of wanting the visitor visa is to marry in the US ... and you promise your first-born she will return to China... Good Luck with that.

 

Dan now explains the 'risks'... the OP should clearly understand all the issues and if the stress and risk is worth the try. That is his call and hopefully based on a good understanding of how his lady would respond to such denials.