RETURN TO U.S./WIFE GET VISITOR VISA?

[Reddragon75]

Hey all,

Well....found out for sure from Guangzhou that DCF isn't possible anyway given my circumstance.

I have been living here in China for 14 months teaching English. I hate teaching with a passion. I want to be able to save money for when USCIS finally approves the I-130 petition and she gets the spouse visa. I can't do that being in China. I also owe the US Department of Education almost $30,000 in student loans, and I have already had to defer the payments 3 times while living in China. I did contact an attorney, and I will possibly be filiing a Writ of Mandamus to get USCIS to make a decision in our case. However, I have no idea how long it could take for USCIS to make a decision. It could be a month, it could be another 6 months or more.

Basically, my wife and I have talked about me returning home soon. However, I was thinking about having her apply for a visitor visa while I was here in China. If she got it, I planned to return home and she would come to visit me and my family later. In terms of financial support, my old boss will give me a job upon my return to the states. Basically, I have the financial support aspect of the visitor visa interview taken care of. The concern is the part of proving she will return to China when the B visa expires. She does not have a job, she sells jewelry and women's hair bows that she makes herself, as well as other merchandise such as scarves. She doesn't own any property. She does have a home, but it is her parents' house. She does have money in bank accounts.

I know that there have been many posts on here about this issue because I read most of them. I also know the chances of her getting a visitor visa are very, very, very slim, but we are going to try anyway. However, I was hoping that maybe I could get advice on what documents we could take to the interview that would help show that she does not intend to overstay the visitor visa and she intends to return to China upon its expiration. I was thinking maybe a letter from me, stating that we are aware that we have a petition pending, that I would like for her to come to spend time with me and my family while we are waiting for petition approval, that we are aware if USCIS approves our petition she will have to return to China for the interview to get the spouse visa, and that I will ensure that she returns to China upon the expiration of the visitor visa because we know if she doesn't, then we will never be able to get the IR-1/CR-1 visa.

We have already decided to at least try to get the visitor visa. What kind of documents could we use to show she will return to China? Should I go back home first and then she apply for the visitor visa, or would it be ok if she applied for it while I am here? Again...if she would get it, she may travel back to the states with me, or she may come later. Again...I know this is a topic that has been discussed many times, but I would appreciate any advice on this matter.


Thanks,
William

[dnoblett]

IMO, the odds of getting a visit visa is slim to none with a pending petition.

 

What you are suggesting is the original intent of the K-3 visa, to allow entry to the USA and visit or remain while the I-130 is being processed, and once the I-130 is approved to either return to home country for a spouse visa interview, or to adjust status based on the approved I-130.

 

In your case you already have an I-129F in process for a K-3.

 

Your best course of action is that writ of mandamus, to force an action on at least the I-129F for K-3, or the whole case to get an IR-1 spouse visa.

 

As for what to show ties to China to try to convince no immigration intent.

 

Tourists

• Employment: (i) A letter from the applicant's employer stating job title, salary, and date of hire; (ii) the applicant's three most recent pay slips; (iii) the applicant's business card if available.
  
• Bank statements: Monthly statements or passbook showing account activity for at least the past year (single-deposit certificates are less helpful for this purpose). Note that the officer needs to assess your individual financial situation, so statements from company accounts are not necessarily useful.
  
• Proof of ownership of assets such as an apartment, house, or car (bring original documents such as a housing certificate if available).
  
• Documents showing evidence of family relationships here in China, such as your marriage certificate and family registry (hukou).
  
• Spouses and minors may submit visa application documents of their spouse or parent; however, they should provide proof of the relationship by including a marriage or birth certificate.
  
• Evidence of prior travel to other countries, including expired passports and photographs of prior international travel.
  

Applicants Visiting Relatives in the United States

• All of the recommended documents listed above for "Tourists."
  
• Documents showing your relationship to the person you plan to visit, which may include official documents such as birth, marriage, or death records; as well as correspondence between you and your relative.
  
• Photographs of you and your relative together showing a strong and on-going relationship.
  
• Documents showing your relative’s immigration status in the United States, i.e. a clear, legible copy of your relative's U.S. passport, U.S. naturalization certificate, U.S. Lawful Permanent Resident card ("green card"), or Chinese passport with U.S. visa.
  
• If your relative is a student in the U.S., provide copies of your relative's I-20, student visa, and pictures of your relative at school in the U.S.
  
• Documentation showing your relative's prior travel to China, which may include photographs as well as photocopies of his or her passport showing entry and exit stamps from China.
  
• A letter from your relative inviting you to visit, explaining the relationship between you and your relative, explaining where you will stay while in the U.S., and providing details about your relative's job or financial status in the U.S.
  
• If your relative lives long-term in the United States, you may wish to provide your relative's tax return for the past year to show compliance with U.S. tax law.
  

http://shanghai.usem...isas/bvisa.html

[tsap seui]

I don't have any advice William, only hopes that things work out for you guys. Looks like you are giving it your best shot. My hat is off to you. Good luck man.

 

tsap seui

[david_dawei]

I am not sure I understand the reason behind you cannot DCF... you could withdraw the petition and file DCF and who is going to stop you? I only think it will go into limbo again, so maybe this is just their way of saying, "Don't waste your time and money"...

 

But here is what I would do if I were you; Waste some time and money on her... file the visitor visa. Show her that even though it is beyond hope, you feel she is that important to try it. You'll find renewed comfort and closeness Be of strong heart and look on her as the morning sunrise. Your living life together now and not everyone can say that.

[Randy W]

I am not sure I understand the reason behind you cannot DCF... you could withdraw the petition and file DCF and who is going to stop you? I only think it will go into limbo again, so maybe this is just their way of saying, "Don't waste your time and money"... But here is what I would do if I were you; Waste some time and money on her... file the visitor visa. Show her that even though it is beyond hope, you feel she is that important to try it. You'll find renewed comfort and closeness Be of strong heart and look on her as the morning sunrise. Your living life together now and not everyone can say that.

 

USCIS - the issue is his felony conviction.

 

Yes - the roadblock is still there no matter where is he is able to file.

[david_dawei]

yes... but there is no roadblock to giving his wife a feeling that he is wiling to spend, even wasted time and money, on her.

 

My point was to forget USCIS.... you don't wake up to them every day... look at your wife and what is it you are willing to do?

 

This is beyond politics at this point and it is very personal. It is one of the rare times I would call on the USC to simply do what is necessary to make their wife feel they are secure in every possible way.