Tourist Visa for SO

[tex99]

Has anyone ever got a tourist visa from the US embassy in Beijing?

 

I've filed a K-1 petition on behalf of my fiancee, but of course we don't want to wait a whole year apart, and I've got to stay in the States for work. I'd like her to be able to come visit me, my parents, etc, on a B-1 visa while we wait for the K-1. Help me think through this, please:

 

The key is convincing the visa officer that you, the Chinese citizen, will return to China. (right?) These visa officers must think a lot of people don't understand that just getting married in the states on a tourist visa--in a case where it's clear you planned to do it--will get you sent back to China, certainly not allow you to work in the States, and make it harder for you to get the K-3. Or perhaps the visa officers think that some Chinese know all this, but are willing to "risk it" and see what happens. But let's say you do understand all this, and tell the visa officer that you understand the consequences. Tell him that yes, you want to live with your SO in the U.S., that you want it so much that you won't do anything to jeapordize your K-1. Tell him that you will certainly return to China in order to have the K-1 interview in Guangzhou. Let's say you show him a return plane ticket, your NOA-2, and some statement clarifying that you wont get married on your B-1 because if you did it would be no accident and you would have defrauded the government.

 

They could be afraid that you would simply overstay, vanish off into the States with no SSN, never leave the country again (cause you couldn't get back in, for one) and work an under the table job somewhere. But why would you do this when you have already gone to the trouble of putting in a K-1 application and it's been approved by USCIS?

 

The more the visa officer thinks you want to stay in the states, the more reason for you to come back for that interview. Right?

 

I'm going to talk to someone at the Embassy about this, but before I do, does anyone have thoughts or can share experiences about this?

 

Thanks!

 

-Ryan

[BobandNicole]

Has your SO ever traveled out of China before? Does she have stamps/visa's to places in her passport from places like Australia or UK?

 

Does she have a good paying job?

 

Does she own property in China?

 

If the answer to ANY of these questions is "NO" then it's almost impossible to get a tourist visa to come to the US even if she really was just coming to visit with no fiance SO or other relationship..

 

If she tells the VO she's coming to visit her american Finacee, even if all the answers above are YES, they still won't give her a visa most likely.

 

A Chinese co worker applied tourist visa to come over to US with her husband who holds both a US passport and Isreali passport. He owns a business here in China, and they jointly own a bar, and a restaurant here in China. She has a good paying job here in Chna, and has traveled to Australia, most of Asia on dive trips. Still turned her down for US tourist visa...

 

I know it's not the answer you want to hear, but since 9/11 the borders are almost shut tight as a sharks butt at 50 fathoms.

 

As we all know, there's not a lot of logic goes on with the immigrant visa process, so you can imagine the lack of logic in non-immigrant visitor's visas.

 

You can always try though.

 

Bob

[sailorboy]

Something I've given thought to is for my wife and I to meet "elsewhere" for a vacation or something like that. Say Japan. I can catch a military hop there and airfare isn't that much for her but at least we wouldn't have to hassle over a tourist visa to the US. Just a thought...

 

Dave

[nooneufo]

I talked with a consulate officer about this subject before we filed for a K1. He said absolutely, once you file for a K1, they will deny a tourist visa. Later I did find somewhere in the FAM manual why this was the case, but I have forgotten it. Unfortunately you must wait.

Don't worry, there are many questionable suggestions on this forum of what to do while waiting, and you should at least try them all once or thrice. Repeat as needed.

[John & Hai Yan]

Has anyone ever got a tourist visa from the US embassy in Beijing?

 

I've filed a K-1 petition on behalf of my fiancee, but of course we don't want to wait a whole year apart, and I've got to stay in the States for work.  I'd like her to be able to come visit me, my parents, etc, on a B-1 visa while we wait for the K-1.   Help me think through this, please:

 

The key is convincing the visa officer  that you, the Chinese citizen, will return to China.  (right?)  These visa officers must think a lot of people don't understand that just getting married in the states on a tourist visa--in a case where it's clear you planned to do it--will get you sent back to China, certainly not allow you to work in the States, and make it harder for you to get the K-3.  Or perhaps the visa officers think that some Chinese know all this, but are willing to "risk it" and see what happens.   But let's say you do understand all this, and tell the visa officer that you understand the consequences.  Tell him that yes, you want to live with your SO in the U.S., that you want it so much that you won't do anything to jeapordize your K-1.  Tell him that you will certainly return to China in order to have the K-1 interview in Guangzhou.  Let's say you show him a return plane ticket, your NOA-2, and some statement clarifying that you wont get married on your B-1 because if you did it would be no accident and you would have defrauded the government.

 

They could be afraid that you would simply overstay, vanish off into the States with no SSN, never leave the country again (cause you couldn't get back in, for one) and work an under the table job somewhere.  But why would you do this when you have already gone to the trouble of putting in a K-1 application and it's been approved by USCIS?

 

The more the visa officer thinks you want to stay in the states, the more reason for you to come back for that interview.  Right?

 

I'm going to talk to someone at the Embassy about this, but before I do, does anyone have thoughts or can share experiences about this?

 

Thanks!

 

-Ryan

Good Logic! Sound Reasoning! But you forgot one important factor. You're dealing with the beaureacratic U.S. government. Give it a try, maybe it will fly! B)

[joray]

oh, guys. It is indeed a depressing thing to think about those nobodies who are so ignorant and being in charge of our lives.

 

I do have a well paid and really quite respected job in BJ. But they never respect anyone in embassies. I've been abroad to NZ for vacation and back on time. But, it's not gonna guarentee anything, especially for females at my age.

 

A third place is definately a choice. We are planning on it.

 

But, definately, I want to try the US embassy anyhow. It makes me sick just thinking about US policies. So arrogant and irresponsible.

[david_dawei]

oh, guys. It is indeed a depressing thing to think about those nobodies who are so ignorant and being in charge of our lives. 

 

I do have a well paid and really quite respected job in BJ. But they never respect anyone in embassies. I've been abroad to NZ for vacation and back on time. But, it's not gonna guarentee anything, especially for females at my age.

 

A third place is definately a choice. We are planning on it. 

 

But, definately, I want to try the US embassy anyhow.    It makes me sick just thinking about US policies. So arrogant and irresponsible.

Well, since based on your signature line, Ryan lives in Washington DC... your at least getting a taste for politics before you settle there!

[n_c]

Has your SO ever traveled out of China before?  Does she have stamps/visa's to places in her passport from places like Australia or UK?

 

Does she have a good paying job?

 

Does she own property in China?

 

If the answer to ANY of these questions is "NO" then it's almost impossible to get a tourist visa to come to the US even if she really was just coming to visit with no fiance SO or other relationship..

 

I applied a tourist visa to visit my fiance 2 years ago.when I was in the interview,I showed them my salary certificate (not bad),my bank account record (there're about $6000 in it), receipt of the car I bought,and a letter from my company to show they I only have one month vacation. You know what,I still got denied.I think they give 99% single girls deny for tourist visa no matter how much property they own in China.

 

Anyway,the record your SO applied a visa to visit you is a good evidence of your relationship.If you guys don't care about losing 100 bucks,mabey you should try.

[baogg]

I have the same thought. I have wrote letters to the president, the department of state, the congressman and senators – these people made the law. Someone replied and said anything that is nothing related to my suggestion, some said they cannot change the law even though they thought my idea was good. Some don't even reply. President forward my letter to NVC, but i received nothing back. The immigration law is old and unfair now. It was made in the 18th century. The unfair resides on security check. I do not mean that we do not need to do security check. If it is done for the immigration people, it should also be done for the non-immigration people. It only takes two months. We can survive that. But what I don't understand is why the visiting rights is denied because you have intention to immigrate. As you said, they can use other method to make sure the applicant visit is temporary. It is not necessary to deny their rights. Make a fine of $100,000 or never issue a Green Card as punishment. Finally, I got an answer from a students who probably said the truth: The government do not want to trust individuals' judgment. What if the individual makes a mistake? For example he was fooled by a foreign girl. After the girl arrives the US, she disappeared. Now the US citizen got the fine of $100,000 (I suggested above, ha.) She is actually illegally immigrated to the US while the US citizen is get punishment. That won't be right. Make sense, maybe, but the waiting is a murder. The government has killed 1-2 years of every citizen's life in this situation. The goal is to ask government to be more efficient. But you know how difficulty it is. I ask my wife to exercise more to build a better health so that we can live 2 years longer to combat this mistreatment. What else we can do?

[yyp]

If she applies for a tourist visa she will asked at her interview, and I believe it is on one of the forms she must return, if she has ever applied for a visa to the U.S. And I also believe they ask has she ever been denied a visa to the U.S.

[tex99]

...congressman and senators – these people made the law.  Someone replied and said anything that is nothing related to my suggestion, some said they cannot change the law...

 

The government has killed 1-2 years of every citizen's life in this situation.

"Kills a year of our life." My feeling exactly.

 

Our process has got off much faster than many (VSC), but I am still indignant about waiting out most of the year apart for no good reason.

 

Regarding tourist visa denials and "changing the law": is it a matter of law or policy? Traveling to the U.S. to see your fiancee is specifically permitted in the Foreign Affairs Manual (9 FAM 41.31 N14.1-1). You can check it out here. The VO must regard the applicant as an intending immigrant--that's also in the FAM, but the evidence to overcome that suspicion is just what Nicole (n_c) provided. Asked to provide, provided, then denied.

 

Maura Harty was asked about a similar non-sequitor in Beijing in March. Why should a student who applies for a visa have to show he owns property? She said he didn't, and that he didn't have to have a favorite dog either. It's just a show, disgustingly cavalier. Her words in context: Harty.

Her only boss, I believe, is Condi Rice. Anyone read/heard how she feels about this China immigration?

 

 

Who really makes the policy? In my very limited experience, government policies are special-interest driven. But whose interest could it possibly be in to keep our loved ones waiting so long and not let them come visit us? We provide some pressure for change (not nearly enough if you ask me), but who provides pressure to keep the status quo? I'm curious about who is behind this group: The Anti-Candle

 

Even the American Chamber of Commerce in Beijing has a hard time getting Chinese B-1 visas , but they can. Why? American companies -> campaign contributions -> policy. What can we do?

 

1. Write and call your reps in Congress, so-called policy-makers and media, per all the info on the pinned thread "Let Our Voices Be Heard". It will take a few days. Do you know anyone who writes for a newspaper? Tell that person your story.

2. Express interest in an awareness-promoting T-Shirt (lassitude lounge forum). We could have more than one style.

3. Something more...I don't know yet. Ideas anyone?

[david_dawei]

I'm not trying to be rude in this.. but I do find it funny that whether a government is democratic or communist, we're ready to slam them for some inhumane treatment towards their people...

 

I truly believe that if we walked into this process believing it was a two year wait, we'd all handle it better. Yes, most of us were told grossly inaccurate timeframes. But I just don't see the reason to blow so much steam over it all and get so worked up and indignant.

 

We'll be with our SO one way or another. I've waited 41 years for this moment to find someone like her. I don't mind waiting 1 more.

 

Ok, I just filled up about 2 minutes of my life... back to waiting...

[warpedbored]

The problem with your SO getting a tourist visa is it isn't illegal for her to marry you and apply for AOS as long as the intent for the visa wasn't to get married. Very gray line and difficult to prove. She could always just say " We didn't plan on getting married I was just going to visit and go back to China but we couldn't control our love and felt we just had to get married." Very difficult for a VO to prove it isn't the case. This is why it is next to impossible for a young unmarried Chinese woman to get a tourist visa. Now if she were from Japan she wouldn't even need a visa. She could just jump on a plane and come visit when ever she wants.

[david_dawei]

The problem with your SO getting a tourist visa is it isn't illegal for her to marry you and apply for AOS as long as the intent for the visa wasn't to get married.  Very gray line and difficult to prove.  She could always just say " We didn't plan on getting married I was just going to visit and go back to China but we couldn't control our love and felt we just had to get married."  Very difficult for a VO to prove it isn't the case.  This is why it is next to impossible for a young unmarried Chinese woman to get a tourist visa.  Now if she were from Japan she wouldn't even need a visa.  She could just jump on a plane and come visit when ever she wants.

Except, if it is a K1 asking for the tourist visa, it would be crazy to get married.. and start the process over, and a longer one at that? Am I missing something in this logic?

[Feathers268]

The problem with your SO getting a tourist visa is it isn't illegal for her to marry you and apply for AOS as long as the intent for the visa wasn't to get married.  Very gray line and difficult to prove.  She could always just say " We didn't plan on getting married I was just going to visit and go back to China but we couldn't control our love and felt we just had to get married."  Very difficult for a VO to prove it isn't the case.  This is why it is next to impossible for a young unmarried Chinese woman to get a tourist visa.  Now if she were from Japan she wouldn't even need a visa.  She could just jump on a plane and come visit when ever she wants.

Except, if it is a K1 asking for the tourist visa, it would be crazy to get married.. and start the process over, and a longer one at that? Am I missing something in this logic?

I think what you are missing is what I've seen refered to here as the "10 foot pole rule". The idea is that if the person made it into the states and got married, they wouldn't want to push the issue about having to go back home and you could apply for the AOS. I know of someone who did this with his wife out of Germany. The rub is, if you then leave the country, she may not be let back in. If USCIS really wanted, they could persue it, but would rather not. Therfore, the easy way to avoid it is to just not allow lovely single ladies into the country.

As for the venting thing, I'm all for it. I've had a few episodes here myself, and if we don't get a p4 soon, I may have to again. Biggest thing is that I feel so much better after getting it all out, and besides, there isn't too many places to go where people understand what we all face.