Tourist Visa to US for Chinese fiance
Sep 29, 2007 15:51
  • ASPDX
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Hello

I have already filed the required paperwork for a fiance visa to the U.S. for my chinese girlfriend. We are currently waiting for the application to be processed.

We would like to apply for a tourist visa to the U.S. for her to come for a short visit because the fiance visa application process will take 6 months or more.

Does anyone know if the application for a tourist visa will jeopardize our fiance visa application? I'm concerned that if we apply for the tourist visa and it is rejected then it may somehow affect the pending fiance visa. Should I be concerned about this?

thanks
Oct 4, 2007 05:15
#1  
  • ROGERINCA
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The chances for a young, single, Chinese female to get a tourist visa to the USA are effectively [zero]. Moreover, once you have filed for K-1, the chances are less than zero.

Last, the process for both K-1 and the K-3 visa is much greater than 6 months. Some (a few) have had the visa in 7.5 months and most take close to 8.5 to 9 months, or more. As of now, the process has slowed down sharply and we may not see the 7 month visas again.

The USA has the most stringent/intensive and expensive process now for bringing a foreign national spouse or fiancée to this country. It does not matter if it is China or any other nation.

The two big issues are marriage fraud, national security issues, and USC income that is sufficient to ensure the foreign spouse will not become a public charge, should the marriage dissolve.
Oct 4, 2007 08:54
#2  
  • ASPDX
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Thanks for the reply. After posting I did read some other replies to similar questions and realized it would be a futile effort. I was able to get our K1 application in just before deadline when the fees increased. According to the service center timetable where our application is being reviewed, they currently have about a 5 month backlog.
Oct 4, 2007 11:01
#3  
  • APAULT
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How about if she enters the USA as a genuine student? I ask because that changes the situation in Australia.
Oct 5, 2007 12:12
#4  
  • ROGERINCA
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F1 visa means there are no conditions connected to the visa. So, you can marry in the US and adjust status afterwards (Form I-130 + I-485). As long as the visa is valid, the future spouse can leave and enter the country. Once you've filed for adjustment of his/her status your then-spouse will need Advance Parole to leave/return until she receives her green card.

There is, however, a good chance that USCIS will assume she had [immigration intent] (FRAUD) when applying for the student visa, so be prepared to answer questions regarding that in the interview and to produce evidence supporting her status as a student in addition to materials in support of your relationship.

Oct 19, 2007 15:16
#5  
GUEST45108 Help can any tell me what i have to do step by step to marry a Chinese women.Can we marry in her country and can she leave with me on my return trip home?
Oct 21, 2007 04:02
#6  
  • APAULT
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45108. Please do a search in this forum ('marriage'). You should find most of your questions are answered.
May 18, 2008 01:57
#7  
GUEST10123 My fiancee is a 34 y.o. traditional chinese medicine doctor. If she gets to the U.S. on a tourist visa can we marry? Are there marriage liscense requirements in USA that prevent getting married while she is here as a tourist? Is Las Vegas an exception? She could change to a work visa while here. Is it better to apply for a work visa initially? If married here, I'm sure that there would be travel restrictions. We are missionaries and want to do things right but also do them right away. If we have to spend time in China to wait the process out we would rather wait it out being married. We are also planning to be in Costa Rica for a period of time. Thanks for your thoughts of creativity.
Apr 16, 2010 13:51
#8  
  • MATCHMAKER
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If a tourist comes to the US, happens to fall in love, and marries before the visa expires, IF immigration believes the story, the foreigner could get permission to stay.

However, Immigration takes a dim view of tourist visa holders deliberately coming to the USA for the purpose of marriage. This is known as "immigration fraud". Since you describe her as "your fiancee" getting married would be a direct violation of her tourist visa. Maybe immigration would allow her to stay. Probably she would be deported, and banned for many years before being eligible to apply to return.

Don't shoot yourself in the foot, by playing games with immigration.

The fiancee visa is designed to bring engaged couples together. Use it. Bring her here safely and legally.

Last edited by MATCHMAKER: Apr 16, 2010 13:53
Jan 13, 2011 18:00
#9  
  • LUCADELC...
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This is somewhat similar to the situation I'm in now. I am a US citizen of European descent who has recently completed an MA degree in the UK, falling in love with another grad student there from China. I would like her to visit me in the US under a B2 visa, but her interview today at the embassy back in the UK was unsuccessful.

What would be required for a different outcome? She is of independent financial means, highly educated, and seeking to come merely as a tourist for a short period. I've provided the invitation letter. The reasons for her rejection today at the embassy are unclear. Would a bank statement from her showing significant funds have been useful? Is the US determined to block well-off, educated young people from spending tourist dollars? Advice, please.
Apr 16, 2011 21:57
#10  
GUEST37121 I have met a chinese national woman and she has applied for a Us visa for a three month period can we get married in the US,and will the US immigration service?
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