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Big Trouble in Little China


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Just found out that our soon to be 34 year old, unmarried Chinese adult child of U.S. Citizen is pregnant.

She has preliminary approval and is less than 1 month from priority date for F1 visa we expect her medical exam and interview will be within next 2-3 months. We will be grandparents, that's the good news!

The bad news comes from the "another Chinese person said...so it must be true" grapevine.
She was told (by another Chinese person...so of course, it must be true)
(1) Don't tell them that you are pregnant at the Visa interview or you will be denied a green card. I think this is terrible advice as the medical report will show the pregnancy and she will be lying at the interview which is a big no no.
(2) Don't tell them you intend to get married after you arrive in the USA because then you will be denied a green card and there is NO WAY your future husband will ever get a green card because they will tell you "you are using this pregnancy as a scam to immigrate and you planned this all along didn't you, you scheming visa cheater". I also think this is terrible advice.

 

She stayed unmarried so she can get her Visa. They started a family because she wanted to have a healthy baby before she got too old and might have medical problems (at least in a Chinese view of too old). She intends to come to USA, get green card, have fiancé come here on tourist visa, marry, file for F2a (spouse of green card holder) immigration for him, and he will go back to China and work. He will be waiting the currently 2 years to 2 years,1 month there for his priority date, interview and medical exam to legally immigrate, with occasional trips to USA on a tourist visa to witness the birth, see his wife and new child but always returning to China (where he has a job and parents to care for) until his legal immigration is approved.

What say you, "Experts of the realm"? Can the wisdom of "a Chinese person told me...so it must be true" be trusted? " and will a common sense explanation of the truth result in a visa denial.?

Or do we need to smuggle her in as a cheeseburger eating (bring a bag and have her eat 4 or 5 during the interview) couch potato who suddenly put on 40 lbs because she discovered Big Macs and fries?

Some good advice is appreciated, please.

Edited by True Blue (see edit history)
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Had another "a Chinese person told me so it must be true" moment this morning.

 

Chinese co-worker pops in with a U.S. income tax question. He has a 2nd house (that he renovated last year). Wants to deduct the entire cost of renovation as a "home rental expense". Never mind the facts that (a) he did not rent the house or even offer it for rental last year, (b) many of the costs are not deductible and © he would be committing tax fraud that should easily be caught be electronic tax ratio analysis ...no rental income...huge rental expense.

 

He argued these costs were deductible because ...."a Chinese person (his real estate agent) told him they were deductible" and he could enter the costs into the Turbo Tax program software...by answering some questions in a misleading way.

 

  • I told him he did not have "Home Rental expenses" because he did not "rent his home".
  • I then took him to the IRS web site to show him the costs were not deductible as Rental expenses. (though some of his costs might legitimately be deductible elsewhere , e.g. his property tax could be deductible as an itemized deduction and other costs may later add to the "basis" of his home reducing his future taxable gain when he sells it).
  • I also took him to the Turbo Tax web site to show him they also note the costs are not deductible as Rental Expenses....
  • Finally, I should him the IRS penalties for tax fraud...which didn't scare him too much as he is now a U.S. citizen and can't be deported.

 

Only after I posed to him,

(1) the tax law is based on IRS rules and regulations, not on what you somehow may be able to enter using backdoor and fraudulent answers into the Turbo Tax software,

(2) it may be difficult to raise his son from jail, and

(3) if your realtor was so smart giving tax advice why wouldn't she be making a lot of money working a 2nd business doing tax returns?

did he pause and finally come to his senses. I think it was the last one that finally convinced him... money talks in his world....

Edited by True Blue (see edit history)
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1) Pregnancy has no barring on the interview, visa fraud is not a factor in family immigration cases, typically only spousal type visas are critically looked marriage for immigration is looked at not a child of an already immigrant.

 

2) Again nope, that also has no barring, regarding marriage after immigration. Her visa petition is based on a petition filed by a parent, not a spouse, they really do not care about her marriage plans after immigrating.

 

Stay the course and don't sweat this, tell her to tune out the "experts".

 

 

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Thanks Dan

 

I often cringe when my wife quotes other Chinese "experts" as being the only ones who understand how the USA works. For example, she once told me that I didn't need to wait in the security line at the airport...just walk up front and they will waive you right on through. At the store she will see a price and then say "ask them for some discount" So I started teasing her "just show them your Chinese ID card and they will give you 50% off" (and of course move quickly before the mop slop comes). Surprisingly enough she is often able to get an additional discount just by asking for one so I just keep my mouth shut now.

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Tell pregnant woman to start on a prenatal vitamin (or send her some) that has DHA and folate in them. Ideally, start taking this vitamin before she gets pregnant.

 

This will be great, having a baby in the house. I've aged 10 years in the last one due to the poor sleep and lack of exercise.

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Thanks for the advice, Greg. Already sent her some USA made vitamins from Hong Kong. Looking forward to it.

 

I figure me and the new baby will get along just fine.

  • Babies don't have much hair and are usually chubby,
  • Babies like to be cuddled, and like to raise a loud ruckess every couple of days,
  • Babies like to drink a lot, sleep a lot, stare at bare boobs and poop a lot

so we already have a lot in common,

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