I-130 NOA - then what?

[beijingjenny]

I just filed I-130 for my husband in Beijing (CR-1). First the man told me I'd get notice of approval in 1 or 2 months, then later he said maybe some days. I wonder how this exactly works. I've seen on some timelines that there is a NOA1 right away and then NOA2 some months later. But he said after I get the notice it will go to Guangzhou and I'll get something from them. Will that be the packet 3 already or what does all this mean??? In simple terms, please ...

 

Thanks!

Jenny

[beijingjenny]

Ooops, had first date wrong in timeline ...!

[beijingjenny]

Cool! Thanks In all my research, I didn't come across that!

[John & Hai Yan]

Jenny, I am curious about how Jack got a visa, to visit you at Xmas 2003. I heard it was near impossible for a Chinese citizen to get a tourist visa, unless of course they were from Hong Kong. I am wondering what type of visa he received, and how this was possible. Can you elaborate?

[NY-Viking]

Jenny, I am curious about how Jack got a visa, to visit you at Xmas 2003. I heard it was near impossible for a Chinese citizen to get a tourist visa, unless of course they were from Hong Kong. I am wondering what type of visa he received, and how this was possible. Can you elaborate?

 

John, it's not impossible, just not easy. Basically, a Chinese citizen has to prove that they are definitely returning to China. And like the interviews for K-1 and K-3 visas, it seems it depends A LOT on who does the interview.

 

My fiance (before I filed the 129-f) came to the States 6 times on four different visas. We were really surprised she was able to get the visa the first time and the Consular Officer looked at EVERYTHING she brought to the interview (letter from her office about her employment, bank statements, letter from me about our planned trip, invitation letter from my mother, pictures of us travelling several places in China and Thailand, and probably some other stuff I don't remember now too). Somehow I guess the Consular believed her, because she approved her for the visa and we were able to go for Christmas in 2000.

 

Once you have one tourist visa, and you enter and exit like you're supposed to, the next one is supposed to be easier because of a previous travel program, but the second one my fiance obtained was actually more difficult. There is a "Drop Box" program in CITIC banks for prior travel holders that we used; RMB 200 fee, but no interview and no wait for an inteview if all goes well, but my fiance was told she'd have to go in for an interview. So she went in and the visa officer this time was a little less believing. He didn't want to see any of the documentation that she brought - he told her she needed to see (1) my work visa (2) my PRC residence permit (the green book) and (3) my work contract. Well, I didn't have any of those (despite the fact that I'd been working in China for over two years at the time ... quite common actually), so my boss agreed to write a letter. The Consular Officer wasn't quite happy with that, but he agreed to issue the visa. Essentially, they believed we had a relationship, and wanted to know if I (not she) had sufficient ties to China to bring me back. I've had a few friends go through similar tasks with their wives/girlfriends. Some have been told specifically that they had "immigration intent", while others have been able to show the U.S. citizen would be coming back to China. The thought being that a couple might be trying to avoid the fiance/spouse visa process (quite understandable concern, but they could make the K visa a bit faster!).

 

I think she went on two or three trips on that visa, including Christmas 2002. The two subsequent visas were issued without interview or question, and they were both issued within a month or so after the previous one had expired.

 

She hasn't applied for a new visa since they started doing finger printing, but I understand they do a very short "interview" when you go for fingerprinting now. They don't call it that, but when a friend went in to get a visa, they asked her a few questions. She said someone was rejected, but it wasn't the kind of thing where they looked at all your documents for proof that you were returning. Evidently the person rejected had had some sort of problem.

 

So, basically a Chinese citizen can get a B-2 (visitor) visa, but they have to have enough evidence that says they'll be coming back, which may take into question their relationship with a U.S. citizen.

[beijingjenny]

First - thanks very much for the welcome, Donahso! I know there are much fewer USC women out there, but yes we certainly exist! I am prepared for the high testosterone level, however It's all helpful to me. I hope I can join in more too!

 

Regarding the tourist visa - that was a surprise to me too. and it's true it's sooo subjective. The guy who interviewed him was very nice, but wanted more evidence like pics. So he just made some notes, gave him a paper to come back anytime. The women he saw the next time was more skeptical but apparently didn't want to override her colleague's opinion, so he got it.

 

The student visa thing - now THERE'S where my blood pressure rises. We thought it would be no prob considering he already went and came back one. And he probably had less evidence he would return at Christmas but got it, and now we both went to sooo much trouble for him study, not to mention my family and the university folks themselves (we even went to HK just for him to take TOEFL in time). The guy was out and out rude to him ("you just want to go live with your wife's family in America, sorry" - excuse me but that's not his place to make such "accusations").

 

Sooo, I wrote a complaint that was never properly addressed, and later he applied again taking evidence of how much money he makes and my own job and time spent in China, and thus the likelihood we would both want to return (you'd think my sitch and the fact things are better for me in China in fact job-wise would count for something here). They were nicer (I had a feeling my letter had made the rounds and they probably thought it was funny) but they still said "just apply for a green card". By this point my husband barely even wanted to go to the US anymore and I hardly blame him. He couldn't understand why they want to force more people to become immigrants and how he could possibly be a threat if he in fact does have the right to immigrate legally later. In fact we don't want to immigrate really, but it's only way we can have to freedom to be wherever we want.

 

We should have just started applying for immigration after Christmas ... foolish.

 

On the plus side though, at least the US has this option of immigration. In China so far, while it's easy enough to get a visa to be here, there's still no concept of "permanent resident". Either you are Chinese or you are not. The best I can do to live here with my husband without a full time job (which will transpire shortly) is get a family-based tourist visa, which though it says family, is still just a tourist visa, with a maximum one year.

 

But that's another story...