Not Immigrating, Want to Visit

[Alkuin 0]

I am a US Citizen living/working in China and plan to continue to do so. I am planning to get married to my longtime girlfriend and want her to travel to America to meet my family and friends before marrying. We do not plan to stay in America for more than a month.

I am looking to see the most painfree method to obtain her visa for travel to America. I've looked over the information for both K-1 and K-3 visas, but they are both for people looking to live in America as well as requiring me to be in America to file.

It seems that the only option to goto America is for her to apply for a travel visa, but the requirements on money and holding, I fear, are too restricting to allow her to go. I want to make sue of the fact taht we are going to get married soon (most likely before we actually travel to America), but with the current visas it looks like that in an option we don't have.

Could anyone tell me if there is a way to trvel to America without going through the red tape about my girlfriend getting to America and running? I thought the K-1 or K-3 visas were the ticket, but from my understanding, it's a path unavailable to us.

[Chica Yeyé 41]

A k-3 visa is a multiple entry spousal non-immigrant visa, but it is intended for those who will remain in the US and adjust status to permanent residents. A k-1 visa is a fiancee one entry only visa, where you have to get married within 90 days of your entry to the US, and then adjust status.

if you do not plan to live in the US, she needs a tourist visa. No way around that one I think.

[DerZinker 4]

Don't expect any easy answer here my friend.

I married a Mexican woman and lived with her in Mexico for several years.

While living there with her, I wanted just the same thing, that she be able to visit only and I figured we could just do the K1 or K3 visa later right? Wrong.

The logic is that because your Chinese bride now has ties to the United States (You) they would be VERY reluctant to issue her a tourist visa, which is the only way I know of to let her legally visit the country (without having to go through the K1 / K3 / CR-1 Visa). The problem is that so many others in the past have come into the states using the tourist visa only and stayed, so if there is any fathomable reason they can come up with that she would do this they will not give her a tourist visa.

In fact, I suggest that should you decide to even have her try for that tourist visa it would be best that she doesn't even mention that she has a relationship with you. But every case is different and who knows, you could get lucky.

Let me just tell you that in my experience, my Mexican wife was denied a tourist visa 3 times over the course of 6 years. Twice was before we were married and the first time I didn't even know her yet. In order to finally get that visa for her (I wanted her to come up with me for my brothers wedding last year), I had to call my congressman a month in advance to her interview, fax him all kinds of things like a signed letter from my employer there in Mexico, pay stubs etc.. and they STILL denied her. So I called him back plus both my senators and under a whole bunch of pressure they called her in and gave her a tourist visa that is good for 10 years It was such a headache and can be a huge waste of time and money, I would probably recommend that you wait until the both of you are ready to come to the U.S. and just go the route of so many others because its the only way that is like 90% sure.

[Alkuin 0]

Thanks for the good information. My hate level for the current nation-state system has gone up at least three levels over this progress, and it wasn't that great to start with.

The problem is I'm planning on staying in China at least another three years and I would like at some point in that time to take her to visit my buddies and show her where I grew up ect. Meeting my mother isn't a problem as she's already coming to China for the ceremony, but I want to have an American one too so my friends can come.

Have to earn that wedding presents/money!

[DerZinker 4]

Yeah, I really son't understand the logic of the I-94 Tourist Visa. It is insane.

Down in Mexico I'd see what looked like homeless people receive the tourist visa, while an honest guy with a good job in Mexico just wanting to meet his Girlfriends family would be denied the visa. It really is just whack.

I'd say just go ahead and look into the I-130 and / or the I-129F petition. Once you get a K-3, like L said, you should be able to travel back and fourth with her and it's something you're going to have to do eventually anyway. The only problem is that it is assumed that once you file for that visa you will be going to live in the states, so that is what complicates things. With the K-3 though, there may be some loop holes that didn't exist with the K-1 that I filed for (and lost because we weren't ready to move to the US at the time).

[T and M 1]

Thanks for the good information. My hate level for the current nation-state system has gone up at least three levels over this progress, and it wasn't that great to start with.

The problem is I'm planning on staying in China at least another three years and I would like at some point in that time to take her to visit my buddies and show her where I grew up ect. Meeting my mother isn't a problem as she's already coming to China for the ceremony, but I want to have an American one too so my friends can come.

Have to earn that wedding presents/money!

I second you on the nation-state system. It's misery man. Was married to my Bolivian wife in September 2007, and still no chance of her visiting my family and friends in Georgia. We both live in the UK (long visa). But as students, we have decided to take up "residence" in the US, which means we are applying for a I-130 Direct Consular Filing visa through the embassy in London. If approved, she will receive permanent residence, we will visit the states, they will send a Green Card to our US address a month later, and she will be able to travel freely with me in and out of the states. The only trick is that every 6 months or so (for the coming two-three years) we will have to visit the states or else she will be in danger of losing her Green Card due to "abandonment," aka establishing residence in another country.

It's tricky, but I think we have figured out a way to make this happen. I would be interested to hear other stories of people in this situation, however, as we are new at this.

Good luck!

[Dr. Obvious 49]

It is not just coming back every six months. You have to prove that you have set up a real residence in the US that you have not abandoned and that you have not taken up residence in another country. You have to file US taxes. Your status could be revoked for stays abroad under six months if it is believed that you have abandoned your residency.

[T and M 1]

It is not just coming back every six months. You have to prove that you have set up a real residence in the US that you have not abandoned and that you have not taken up residence in another country. You have to file US taxes. Your status could be revoked for stays abroad under six months if it is believed that you have abandoned your residency.

Thanks for the response. I am actually the USC. It's my wife, a Bolivian, who is hoping to set up residency with me in the States, even though we will be traveling and living abroad for the next few years, while I finish my studies in the UK. I was already planning on filing taxes in the states every year, but from what you say, it sounds like we should put her name on all my accounts and file taxes jointly each year. We might also think about adding her name to property I own in the US. Is there anything else she can do to "prove" residency while we are living in the UK 9 months out of the year due to my studies/work?

[Dr. Obvious 49]

Once she is has PR status, she is obligated to file US taxes. If she doesn't, her residency is considered abandoned.

[T and M 1]

Once she is has PR status, she is obligated to file US taxes. If she doesn't, her residency is considered abandoned.

Thanks! That's very good to know.

TF

[baaj 0]

Technically, your fiancee should apply for a tourist visa, since you are planning to continue living in China. If you can somehow wrangle a business visa for her, it would make the process much easier. Your intent to marry in either case could provide the immigration officer with cause to demonstrate 'intent to immigrate' and deny your visa petition.

I am at the tail end of the process beginning from the exact same point as you, married a long-time girlfriend in China and continued to live there together for many years.

Something to keep in mind going forward. After you're married when/if the time comes when you both want to return to the US, make sure you file the I-130 before you leave China. This will reduce processing time by almost a full year.

Good luck with your visa and congrats!