married in US, but living in China...

[Shosetsuin]

Hey everybody.

 

I have a question for a friend of mine.

 

He recently got married in the US to his Chinese gf. She was in the US on a travel visa. Now they are back in Shenzhen and curious about what they should do from here.

 

He is convinced that she only needs to get another travel visa and then when they get back to the states they can apply for a change of status.

 

Does anybody have any advice in this case? I have no idea myself..

 

Thanks for any help anybody can offer

 

nate

[warpedbored]

If she had applied for AOS while in the US right after they got married she could have probably gotten away with it by claiming it just happend and it wasn't the original purpose of her visa. I'm afraid that now it would be a little too obvious and the VO would suspect visa fraud which is exactly what it would be. This could result in a very long ban from her coming to the US. It simply isn't worth the risk. My advise would be to file the I-130 and K-3 just like anyone else. If he is in China on a work permit he could possibly do a DCF but the fact he was married in the US may put the Kabash on that as well.

[beijingjenny]

DCF *shouldn't* be a prob if you are both living in China. I agree though AOS on a new tourist visa (which she may not get so easily) prob isn't a good idea.

[nousername]

If she had applied for AOS while in the US right after they got married she could have probably gotten away with it by claiming it just happend and it wasn't the original purpose of her visa

I dont' think there really should NOT be a *probably* in this statement. Had she gone to the US on a tourist visa and had just happened to meet someone and fall in love. She CAN then legally marry him in the US and adjust status. Someone correct me if i am wrong?

 

I'm afraid that now it would be a little too obvious and the VO would suspect visa fraud which is exactly what it would be.  This could result in a very long ban from her coming to the US.  

Although this is true, words like *fraud* and *life ban* may sound quite extreme with such little context. Just to clarify a bit, it is fraud and may result in life ban, b/c according to US laws, you cannot use or even apply for a tourist visa if the intent is to marry, get engaged, attempt to adjust status, etc. (my paraphrase, of course)

 

these guys are right. you really should not apply for a tourist visa. you need to go DCF, or I-130/K-3.

[lele]

Hey everybody.

 

I have a question for a friend of mine. 

 

He recently got married in the US to his Chinese gf.  She was in the US on a travel visa.  Now they are back in Shenzhen and curious about what they should do from here.

 

He is convinced that she only needs to get another travel visa and then when they get back to the states they can apply for a change of status. 

 

Does anybody have any advice in this case?  I have no idea myself..

 

Thanks for any help anybody can offer

 

nate

There is another way to do this.

 

If her intent is to go to SCHOOL/UNIVERSITY, then she can apply for a J1 (not the F1, because the F1 requires that you leave the nation for 2 years after it is completed). If she is granted a J1, this shows her intent is to study.

 

There are many people who then, in the course of studying, adjust to status. It is quite rare to see the marriage route occur, but I have seen it before. It happens *all of the time* to adjust for status for a work-issued green card.

 

Either way, this has happened before, and it is quite legal, if she actually does want to go to school full-time.

 

Just a thought...

[sylinchinastill]

You are much more likely to be denied a student visa than a fiance visa. I have had students get scholarships to really great schools in the US and still be denied a student visa. I would just go the K-3 route if I were him- or the I-130 thingy.

[Carl]

I am no expert, but I think that the fact she went back to China after marrying you would be a plus in her favor because she could have stayed past her visa date, byt because she did go back shows that neither of you were willing to flaunt our laws. So if you were to apply for the I-130 or the K-3 and interview time comes, she clearly states that she married in the US while there on her student visa, she knew she had to go back to China to legally apply for her immigration visa. The fact that you were willing to go back to China to be with her should prove that your marriage is a valid one.

 

Just my thoughts and opinions

 

Carl

[lele]

You are much more likely to be denied a student visa than a fiance visa. I have had students get scholarships to really great schools in the US and still be denied a student visa. I would just go the K-3 route if I were him- or the I-130 thingy.

True!

 

But a student visa is much easier than a B2/B1 to obtain...

 

And although much harder than a K3, it is MUCH faster to obtain a decision (although usually the decision is negative).

[beijingjenny]

But a student visa is much easier than a B2/B1 to obtain...

I beg to differ - Jack got a tourist visa relatively no prob, student visa denied twice (and not very kindly).

[lele]

But a student visa is much easier than a B2/B1 to obtain...

I beg to differ - Jack got a tourist visa relatively no prob, student visa denied twice (and not very kindly).

I do not know why he was declined. I am sorry that he was too. However, i personally have met more than 400 people in this past year who have been accepted from China for an F1 or a J1. And in addition, the actual stats do not agree with you.

 

Roughly 37% of people from China who apply for a f1 get it, and more than 60% of those for a J1 get it.

 

I believe that the B1/B2 route is far less than 37% from what I have seen, given that the official statistics do not keep track of people who have stopped their applications at the RFE stage.

 

However, if I have not seen the most up-to-date stats, please let me know!

 

And it still *stinks* that only 37% are getting a visa. It should be much higher, I do agree! So many good people miss out on the chance, but in the long run it will hurt the US more than anyone else...

[beijingjenny]

Yes, but if you're talking about a spouse or fiance, I would say student visa becomes *much* harder. And I know a lot of qualified people with full scholarship who were turned down. Haivng said that though, while waiting once to talk to a VO in BJ, I was amazed at the people they *were* giving student visas. I mean, these kids were just reciting speeches and got away with it.

[lele]

Yes, but if you're talking about a spouse or fiance, I would say student visa becomes *much* harder. And I know a lot of qualified people with full scholarship who were turned down. Haivng said that though, while waiting once to talk to a VO in BJ, I was amazed at the people they *were* giving student visas. I mean, these kids were just reciting speeches and got away with it.

I definitely agree that there are far too many qualified people who have the sole aim of studying and then returning who are denied visas. It is really sad.

 

I am also so happy for you that he was able to get a B2/B1!

 

When looking at the stats which come out from the state department, they are extremely hard for the average chinese person who is not extremely wealthy to get (have you gotten lucky and found a wealthy guy???).

[king]

I would like to weigh in on this. With both student and B1/B2 visas requiring the visa beneficiary to intent at the time of applying for such visas and at the time of issuance to return to China, practically it doesn't seem very likely the woman would be able to get such a visa. She is now married to the American guy. How does she convince an Con/off that she intends to return to China? Common sense says it does not appear likely in most cases, unless she leaves the guy in China, they buy a house in China, he stays to run their own business based in China, etc. Perhaps they should hunker down to the reality of next year or two of being in China

 

One of the honchos at Consular Affairs, Maura Harty, wrote a piece on the need of the U.S. to hold the door open again for foreign students in October, 2004. She said, "Even the loss of one qualified student to another nation is one too many." With the current administration one has to wonder it that is the real story as it so often means or does the opposite of what it says.

[Shosetsuin]

Thanks for the info everybody.

 

I am going to tell my friend to check all this info out.

 

he actually should have made the post himself since he is much clearer on his own situation than I am....jeez.

[beijingjenny]

My guy is NOT rich at all! In fact it is amazing he got the tourist visa at all. Unfortunately his returning in the given time did nothing to help his next application. I (sort of) understand the reasoning, as King explained, but it is a sad state when your own spouse cannot just visit or stay temporarily in your country.