Tourist Visa for Chinese Wife

[Guest SloppyZhou_]

My understanding that it's almost impossible for an American man, especially one who is living in China to procure a tourist visa for a woman he married in China. Especially when she's never had a previous visa to the USA, and even more when the American man's only domicile is mommy, who live's in the USA.

Edited May 5, 2015 by Randy W (see edit history)

[dnoblett]

A US Citizen has no involvement in procuring a B-2 visa for a spouse, it is strictly between the DoS and the person applying for the visa, the only thing the US Citizen can possibly provide is an affidavit of support (I-134) however if that citizen cannot show domicile in the USA they cannot even provide that.

[Guest SloppyZhou_]

A US Citizen has no involvement in procuring a B-2 visa for a spouse, it is strictly between the DoS and the person applying for the visa, the only thing the US Citizen can possibly provide is an affidavit of support (I-134) however if that citizen cannot show domicile in the USA they cannot even provide that.

 

 

The point is, the Chinese citizen must show family history and marriages, past and present. If they fail to tell the truth, and tell the US government that you recently married an American man, who lives with them in China, then they run the risk of withholding material information. That's a felony and they will face being permanently barred from entering the USA.

 

I've examined this carefully with Marc Ellis who has repeatedly told me that it's very unlikely if not impossible for an American man to bring a fiance or wife to the USA with a tourist visa. No lawyer in his right mind would encourage a client to lie, or withhold material information. The US just doesn't issue tourist visas to Chinese fiance's and spouses

Edited April 20, 2015 by SloppyZhou_ (see edit history)

[dnoblett]

Actually they do if the Chinese citizen can prove no immigration intent.

 

For example a married couple denied visit visa, go through the process of getting a spouse immigrant visa, travel to the USA, get a green-card stay in the states a couple months visiting, and then return home to China, they then give up the green-card by filing an I-407 and then apply for a 10 year B-2 visa for future visits.

http://candleforlove.com/forums/topic/45297-conditional-green-card-holder-not-living-in-the-usa-i-751/?p=600044

[Guest SloppyZhou_]

Actually they do if the Chinese citizen can prove no immigration intent.

 

For example a married couple denied visit visa, go through the process of getting a spouse immigrant visa, travel to the USA, get a green-card stay in the states a couple months visiting, and then return home to China, they then give up the green-card by filing an I-407 and then apply for a 10 year B-2 visa for future visits.

 

http://candleforlove.com/forums/topic/45297-conditional-green-card-holder-not-living-in-the-usa-i-751/?p=600044

 

 

It happens, but it's very unlikely for a Chinese citizen who is married to a Western person, considering that the Chinese citizen does not have a green card because they have never filed for marriage visa, and who may or may not have intention of filing for marriage visa to obtain a tourist visa to the USA. Especially when the American lives in China and does not have a job, domicile, or sufficient assets established in the USA.

 

As usual, you are trying the prove that one white crow means that all crows are not black.

Edited April 20, 2015 by SloppyZhou_ (see edit history)

[yanglan]

"My understanding that it's almost impossible for an American man, especially one who is living in China to procure a tourist visa for a woman he married in China. Especially when she's never had a previous visa to the USA, and even more when the American man's only domicile is mommy, who live's in the USA."

 

This was exactly my situation when my wife got her first B-2 tourism visa. We made it clear that the visa was to visit my home for the holidays and that we'd both be returning to China after they were over. My wife had almost no assets and an entry level job as we were both in our mid-20s.

Edited April 20, 2015 by yanglan (see edit history)

[msittig]

It also depends on what side of the bed the consular officer got up that morning.

 

Our sitution was very similar to yanglan's: my wife applied for her first tourist visa as an unmarried young woman with no property/assets, working as a preschool teacher. We married, and over the years she succesfully applied for three more US tourist visas, then we DCFed for an IR-1 and green card.

[Guest SloppyZhou_]

"My understanding that it's almost impossible for an American man, especially one who is living in China to procure a tourist visa for a woman he married in China. Especially when she's never had a previous visa to the USA, and even more when the American man's only domicile is mommy, who live's in the USA."

 

This was exactly my situation when my wife got her first B-2 tourism visa. We made it clear that the visa was to visit my home for the holidays and that we'd both be returning to China after they were over. My wife had almost no assets and an entry level job as we were both in our mid-20s.

 

 

It also depends on what side of the bed the consular officer got up that morning.

 

Our sitution was very similar to yanglan's: my wife applied for her first tourist visa as an unmarried young woman with no property/assets, working as a preschool teacher. We married, and over the years she succesfully applied for three more US tourist visas, then we DCFed for an IR-1 and green card.

 

 

Very nice to get your viewpoints from real experience. The dynamics of a tourist visa when it involves a US citizen can get a little muddled, but both of your inputs are helpful. For the sake of clarity to other readers, I will list the situation and associated variables, as there are two different "decision trees:"

 

American man, living in China, Married to a Chinese Woman

 

• Have not reported or filed for marriage Visa in the USA
• Couple would like to visit the USA together
• Couple continues to live in China with no plans to return to USA
• American man does not own a home in USA
• American does not have a job in the USA
• American man has insufficient assets to reach the minimum I-864 requirements

In this case, the couple can make the unwise choice to attempt to conceal their marriage and relationship and the 'wife' pursue the Visa as a single woman who fully intends to return to China. The requirements for the Visa are to demonstrate strong ties to China.

 

However, those strong ties evaporate instantly if the USA learns of the withholding of any material information when an application for Visa is filed. If it is ever discovered that a material fact was deliberately withheld, the Chinese woman may face a permanent ban from entering the USA.

 

American man, living in USA, Married to a Chinese Woman

 

• Have not reported or filed for marriage Visa in the USA
• Couple would like to visit togetethe USA together

This case is very similar to the previous, but most immigration lawyers tell their clients to avoid even trying it. The US government views this scenario as the open door for an evil Chinese woman to enter the USA and never go home.

 

American man, living in USA, Married to a Chinese Woman and Filed for Marriage Visa

 

• All paperwork submitted to USCIS for marriage, and receipt received by American man
• Couple would like to visit togetethe USA together

This case is very similar to the previous, but most immigration lawyers tell their clients to avoid even trying it. The US government views this scenario as the open door for an evil Chinese woman to enter the USA.

 

Surely there are situations where couples have been sucessful, either above or below board.

[yanglan]

• Have not reported or filed for marriage Visa in the USA
  
• Couple would like to visit the USA together
  
• Couple continues to live in China with no plans to return to USA
  
• American man does not own a home in USA
  
• American does not have a job in the USA
  
• American man has insufficient assets to reach the minimum I-864 requirements
  

 

What do immigration requirements have to do with applying for a tourism visa? The last 3 points seem irrelevant.

 

In this case, the couple can make the unwise choice to attempt to conceal their marriage and relationship and the 'wife' pursue the Visa as a single woman who fully intends to return to China. The requirements for the Visa are to demonstrate strong ties to China.

 

However, those strong ties evaporate instantly if the USA learns of the withholding of any material information when an application for Visa is filed. If it is ever discovered that a material fact was deliberately withheld, the Chinese woman may face a permanent ban from entering the USA.

 

I'm not following how this factors into the equation. What benefit is there to concealing the marriage? I spoke directly with our local Consulate General about this very issue and he was clear that if you are a married couple you should not be hiding this fact under any circumstance.

 

Instead you should provide a clear timeline of the trip on her DS-160, include that you will be traveling with her ("Persons Traveling with You"), and list yourself as the "Preparer of Application" with the same address as the wife. This should make it obvious to the consular official that you are residing in China with your wife and that the trip is legitimate.

 

After that it's up to your wife to present the situation as convincingly as possible during the interview.

 

("You" above refers to the American husband)

 

This is exactly what we did to get my wife her B2 the first time around. Obviously there are no guarantees, but I can't understand how anyone would risk their wife's future immigration by trying to pull a fast one on the State Department.

 

 

P.S. It's possible I misunderstood exactly what SloppyZhou was talking about but I felt the need to stress the importance of doing things "by the book" in regards to successfully obtaining visas (tourism and immigration) for legitimate couples. Don't do anything that risks your future!

[yanglan]

 

In today's immigration world, there are thousands of folks who deliberately and openly break US immigration law for the purpose of entering the US. As to why, or how it factors, there is no way to roll out one slab of pizza dough and assume that all forms of pizza can be made on top of that single slab of dough. As complicated and twisted as immigration law is today, people do things all the time that violate protocol and worse; up to and touching withholding information or misrepresenting a material fact. Of course they "should not do it" but in today's world, especially in reference to the southern border, people not only do it, but are rewarded for it by having their misdeeds overlooked. It ain't fair, but it happens.

 

I'm still not following how any of this applies to the scenario you posited earlier. Why would a couple with a legitimate relationship do *anything* that could potentially harm that relationship's future in the US?

 

 

If there is actually a simple way for me, or any other American man who currently is living in the USA to help his Chinese wife to obtain a tourist visa to the USA, then I would be a very unhappy camper as I was specifically told by Marc Ellis that it's virtually impossible to obtain one. Keep in mind, that for us, the US consulate staff in Guangzhou, are not the friends of my family. They destroyed my family, and prevented my fiance from interviewing for her K1 in the Spring of 2014, and for her daughter to interview for her K2 as required. There are snakes and evil people among them, who have the power to destroy families like they did mine.

 

Ah, well in this case you are falling into the two categories of your post which I did not reply to. It may very well be true that it's a fool's errand trying to get a B2 in this situation. In fact, I'd imagine that for *all* visas, relationships involving a husband in the US and a wife in China are scrutinized far more than relationships where the couple is living together. Whether that's right or wrong, it makes sense from an anti-fraud point of view.

 

 

Again, today's immigration world awards lawbreakers if they come from the right countries. China is not on that list.

 

Can't argue with you there. Having to go through the immigration process with my wife has pushed me much further to the right on the topic of illegal immigration.

[Guest SloppyZhou_]

To prevent superfluous discussion, let me narrow the scope of this thread to the original intent. The point being as to the possibilities for American citizen to receive his fiance or wife, either while he's a resident of the US, or of China. In other words, the couple is engage or married and live in China, or the couple is engaged or married and the USC is currently living in USA and the Chinese spouse in China.:

 

Since this is a forum for Ellis Island, the following is a copy of an email I just received from him. If he cares to elaborate on it, I welcome that:

 

 

 

Hi. I doubt I said it "was not possible". I don't think it's very likely she'd be granted a NIV. But if China is granting visitor's visas to applicants who have Immediate Relative petitions pending, great. You are welcome to try for a tourist visa for her. She'll be asked if she has a US husband or fiance. She needs to say yes.

If they give her the visa - fine. I'm skeptical it will be granted. But I hope so.

Why did the consulate do what it did? I can only provide reasoned speculation based on experience. And I already have. It's probably with an eye to human trafficking. Or just plain suspicion about immigrating marriage-age children.

As far as where is the case, I still recommend congressional inquiry to find out specifically, "Where is my case?"

Lawyers - short of a Writ of Mandamus - are not in as good of a position to find that out. They will get the same answer you received. Writs of Mandamus are expensive and take a long time. You have an unusual and complicated case due to the previous marriage - at least.

I recommend a Congressional inquiry to find out EXACTLY where is your case. And when it was sent back - if it was. And where did they send it?

There is a congressional inquiry that has been ongoing since the beginning, as I mentioned in a previous thread:

http://candleforlove.com/forums/topic/47784-no-one-can-be-held-accountable/?p=621918

Edited April 23, 2015 by SloppyZhou_ (see edit history)

[yanglan]

I think the situation that you're dealing with, and the circumstances of the "other guy" you brought up in your first post, are so vastly different that there's really no point in trying to compare. It seems incredibly unlikely that you'd be able to get a tourist visa for your second Chinese wife who you are in a long, drawn out process of immigrating with her daughter.

Edited April 23, 2015 by yanglan (see edit history)

[Guest SloppyZhou_]

I think the situation that you're dealing with, and the circumstances of the "other guy" you brought up in your first post, are so vastly different that there's really no point in trying to compare. It seems incredibly unlikely that you'd be able to get a tourist visa for your second Chinese wife who you are in a long, drawn out process of immigrating with her daughter.

 

 

And just where did you obtain your immigration law degree? Where do you practice. From the tone of your post you seem to want to appear as a legal authority. So, are you an immigration attorney or are you just speculating?

[Randy W]

 

I think the situation that you're dealing with, and the circumstances of the "other guy" you brought up in your first post, are so vastly different that there's really no point in trying to compare. It seems incredibly unlikely that you'd be able to get a tourist visa for your second Chinese wife who you are in a long, drawn out process of immigrating with her daughter.

 

And just where did you obtain your immigration law degree? Where do you practice. From the tone of your post you seem to want to appear as a legal authority. So, are you an immigration attorney or are you just speculating?

 

 

 

To say that something "seems incredibly unlikely" doesn't require a degree, practice, authority, or anything else.

 

What he said seems to be in line with what Marc Ellis said

 

You are welcome to try for a tourist visa for her. She'll be asked if she has a US husband or fiance. She needs to say yes.

 

If they give her the visa - fine. I'm skeptical it will be granted. But I hope so.

 

Please let us know how it turns out, if you decide to try.

[jonathantwu]

if she has a legitimate reason to visit and can convince the VO that she will return then sure. B1/B2 is issued as one type of visa, so if your wife can get an invite for a trade conference or exhibit then she has a better chance to get the green light. It is really how the VO feels that day and how strong a case that she can prove that she has not intention of staying. Chinese citizens have one of the worse records of breaking the visa conditions so there!