Advice about bringing my wife to America?

[Living In China 0]

My wife and I are both teachers of our respective languages in Shenyang, China. I am American; she is Japanese. We've known each other for more than two years and have been married since the beginning of July. We do not know how long we will continue to teach here in China, and we may decided to live in the US as soon as July 2010.

We are planning on getting the ball rolling and applying for a US visa immediately. I've got the I-130 ready and all that goes along with it.

Japanese citizens do not need visas for visits the US under 90 days, but someone warned my wife that she might not be able even to visit because the gov will be worried she will not leave. Maybe she fears this will be especially true if we start applying for the visa.

Should I start applying for the visa now? Would it be better to wait until we're in the US? If we visited the US briefly in the winter (we have a holiday between mid Jan to the end of Feb), should we wait to then? I know the US embassy in Beijing must be overwhelmed with applications for spousal visas. We already were in the US for about 5 weeks last summer after we were married, if that's relevant.

Edit: If it's relevant, my wife has live out of Japan for the past 4 years while never changing her legal residence from Japans. She taught for a year in the Philippines and a year in another city in China.

Edited November 11, 2009 by Living In China

[milimelo 4,544]

My wife and I are both teachers of our respective languages in Shenyang, China. I am American; she is Japanese. We've known each other for more than two years and have been married since the beginning of July. We do not know how long we will continue to teach here in China, and we may decided to live in the US as soon as July 2010.

We are planning on getting the ball rolling and applying for a US visa immediately. I've got the I-130 ready and all that goes along with it.

Japanese citizens do not need visas for visits the US under 90 days, but someone warned my wife that she might not be able even to visit because the gov will be worried she will not leave. Maybe she fears this will be especially true if we start applying for the visa.

Should I start applying for the visa now? Would it be better to wait until we're in the US? If we visited the US briefly in the winter (we have a holiday between mid Jan to the end of Feb), should we wait to then? I know the US embassy in Beijing must be overwhelmed with applications for spousal visas. We already were in the US for about 5 weeks last summer after we were married, if that's relevant.

Edit: If it's relevant, my wife has live out of Japan for the past 4 years while never changing her legal residence from Japans. She taught for a year in the Philippines and a year in another city in China.

Since you are in China now, you may qualify for DCF based on residency there - check the guides. The wife will need to obtain police certificates from all countries she has spent a year or more so Philippines and China besides the Japanese police certificate.

Regarding entering the US - once you file DCF you should get the receipt or confirmation they took your petition. Same goes for approval. You can use that paper to prove to CBP officers that she does not intend to stay and adjust status in the US as you're already in process to do it the legal way.

Edited November 11, 2009 by milimelo

[redglasses 1]

It would not be likely to cause problems if you bring things to show ties to China such as a return ticket, the I-130 NOA or approval letter, a letter from her employer, etc.

[justashooter 430]

sponsorship.

you must be able to document a residence in the US you intend to bring her to, and income above 125% of the poverty level.

is shenyang still as dirty and cold as it was last i was there? never forget the guy riding bike on the street one evening who went front wheel first into an open manhole. i guess the foundry shops needed some extra stock...

Edited November 14, 2009 by justashooter

[Darnell 8,479]

I suggest 2 things:

1. file the DCF'd I-130 immediately at BeiJing (or Shanyang ) - you've already met the 'live in china' residency requirement.

2. get proof of USA domicile. you have to 'prove up' a usa domicile on interview day. ONCE you've gotten the first receipt notice, YOU (the petitioner ) can freely leave China to the USA to get this done, without any adverse decision on your 'time computation' of living in country. But - try not to make it more than 30 days outside of China. DCF couples have been 'dinged' with a blue slip on interview day without the USA domicile proof, this year.

Since yer married and living together - you two should have loads of evidence (already ) to submit with the initial I-130 submittal.

Good Luck !

[Living In China 0]

I've returned to the forum after a few days away. Thanks for your help, everyone. It's really invaluable to me.

is shenyang still as dirty and cold as it was last i was there? never forget the guy riding bike on the street one evening who went front wheel first into an open manhole. i guess the foundry shops needed some extra stock...

It's still cold and dirty. A lot of that can't be helped. I think a lot of the dust is atmospheric, blowing in from the desert. And it's still cold! It got cold early this year. We had snow on Friday the 13th, but not as bad as in Beijing. (I'm not a believer in good or bad luck, mind you.) Many of the manhole covers here are terrible. They aren't metal, they are something plastic-like. I really don't know, but it's common to see them with gaping holes. One of the first things I learned here was do not step on the manhole covers.

[justashooter 430]

I've returned to the forum after a few days away. Thanks for your help, everyone. It's really invaluable to me.

is shenyang still as dirty and cold as it was last i was there? never forget the guy riding bike on the street one evening who went front wheel first into an open manhole. i guess the foundry shops needed some extra stock...

It's still cold and dirty. A lot of that can't be helped. I think a lot of the dust is atmospheric, blowing in from the desert. And it's still cold! It got cold early this year. We had snow on Friday the 13th, but not as bad as in Beijing. (I'm not a believer in good or bad luck, mind you.) Many of the manhole covers here are terrible. They aren't metal, they are something plastic-like. I really don't know, but it's common to see them with gaping holes. One of the first things I learned here was do not step on the manhole covers.

my friend john is in shenyang this week at SHMP. he says it's -17*C, so his undercarraige will stay in his drawers, whatever that means... if you run into a big friendly grey haired ozzie who drinks like a fish and speaks english with a chinese accent, give the basterd a hug for me, will ya?