Visiting visa during K1

[lwsx 0]

Hi all,

Before getting engaged, my fiance had mentioned getting an U.S. visitor's visa in China as a single woman was kind of difficult.

1. How likely would Shanghai/Beijing issue her a visiting visa after I-129F is filed (tentatively May '10)? And is filing taken into consideration or viewed as a detriment?

Her passport expires May '11, so it would be a couple months short of 8 months required.

2. When should she renew her passport? After getting a visitor's visa (if possible), or after submitting a copy with PKT3?

[justashooter 430]

she has understated the difficulty, unless she is extremely affluent and has significant property holdings in china.

[Darnell 8,479]

I've been waiting a bit, to reply to this, hoping someone would chime in ..

Basically, any tourist visa issued in China -

the PRC person has to prove up that he/she is not intending to immigrate.

All Consulates/Embassies - worldwide (NOT ONLY IN CHINA ) make the base assumption...

repeat for emphasis...

BASE ASSUMPTION..

that anyone applying for a tourist visa has immigrant intent.

It's up to the applicant (in this instance, yer lass)

to prove up to a ConOff during interview time -

that he/she is NOT going to immigrate.

USUALLY - this is handled by a presentation of a pile of paperwork,

that proves strong ties to China -

ie -

--lots of money in the bank

--property deed / title

--job verification

--strong family ties in China

--prior visa stamps outside of China (HKG and Macau do not count)

--familial obligations, to include caring for old relatives and financial obligations outside of banking transactions

Strongly suggest you study http://guangzhou.usembassy-china.org.cn/business--tourist-visa.html

from top to bottom .

You say she might be nterviewing in Shanghai -

USEM Shanghai says -

Under Section 214(b) of the Immigration and Nationality Act of 1952, as amended, a visa may not be issued to any applicant who is unable to overcome the legal presumption that he or she is an intending immigrant by demonstrating the above factors to the satisfaction of the interviewing consular officer.

from http://shanghai.usembassy-china.org.cn/tourist_business.html

I need to point out that 'legal presumption' here, as many people forget about it. There is 'legal presumption' by any USA worker overseas in an Embassy or Consulate, that anyone applying for a tourist visa actually has immigrant intent, and MUST, absolutely MUST, prove up otherwise.

Now - if yer lass is a 'gold-collar-worker' or if Dad is a 'gold-collar-worker' -

She already knows what to do, who to talk to, where to pay.

Good Luck, however it turns out.

I strongly suggest, if she wants a trip, to see you,

you plan for New Zealand or Malaysia.

There is a loophole, of course, and that is -

IF she is part of a tour group.

Edited April 24, 2010 by Darnell

[lwsx 0]

Darnell, good info, as usual. Prior to our engagement, my fiance & I had talked about the B2 visa and some of the things you pointed out - requirements, proof, loopholes, etc. A few months ago, we thought it was impractical considering the time & effort involved, after looking over the Consulate's requirements at the interview.

While it's clear the consulate has the presumption of immigration intent regarding a B1 visa on its own, what about cases where a K visa is being processed? With a K application in the works, it's almost a given that the fiance has intent to immigrate. So with the legal presumption logic, anyone with a K visa processing will most certainly get denied of a B2 visa. And it matters not, if the other visa shows the applicant's willingness to immigrate legitimately.

I could see the logic from the fraud perspective, but even that seems flawed.

And you would think from the K1 application perspective, that the beneficiary visiting the petitioner further demonstrates the relationship's validity. I guess they're worried that if the beneficiary over-stays the B2 visa, they won't be able to at least find the petitioner with all the documentation from the K1 application.

[Darnell 8,479]

any B-2 logic is seperate from K-1 logic.

Impossible to overcome, IMO, that disparity between the two. Any VO in China will solely evaluate the B-2, without taking the K-1 into consideration, always.

Come on, have her apply - the worst that could happen is that she's denied, and it doesn't affect the K-1 application, at all.

BUT.

make a venn diagram on the 2 visa types, study any 'common areas'. It'll be useful, and no, I'm not giving you a new puzzle to solve.

Edited April 24, 2010 by Darnell

[pushbrk 13,043]

any B-2 logic is seperate from K-1 logic.

Impossible to overcome, IMO, that disparity between the two. Any VO in China will solely evaluate the B-2, without taking the K-1 into consideration, always.

Come on, have her apply - the worst that could happen is that she's denied, and it doesn't affect the K-1 application, at all.

BUT.

make a venn diagram on the 2 visa types, study any 'common areas'. It'll be useful, and no, I'm not giving you a new puzzle to solve.

See bold above and then look at section 37 of the DS 156 where it asks if you have a fiance in the USA. I know they started using a new form recently and don't have a copy of it but I assure you, that "having a fiance in the USA" has always impacted a Consular officer's evaluation of a visitor visa and expect it will always going forward as well.

Saw an example DS 160 here and it does not mention a fiance in the USA.

http://www.ccusa.hu/supp/doc/Visa%202009/sample-ds-160-form-us-visa-application.pdf

Edited April 24, 2010 by pushbrk

[Darnell 8,479]

push - whoa ! wow !

[lwsx 0]

Come on, have her apply - the worst that could happen is that she's denied, and it doesn't affect the K-1 application, at all.

she will, once I send out the I-129F. I'm not too concerned about getting denied since it's not too big of a difference waiting 6 months & waiting 2 months.

[lwsx 0]

Saw an example DS 160 here and it does not mention a fiance in the USA.

http://www.ccusa.hu/supp/doc/Visa%202009/sample-ds-160-form-us-visa-application.pdf

In my case, in the Travel Information & Contact Information sections of DS160, the person's relationship to applicant would be fiancee. While it isn't explicitly as it is on DS156, "fiance om the USA" could be infered from the contact info.

[pushbrk 13,043]

In my case, in the Travel Information & Contact Information sections of DS160, the person's relationship to applicant would be fiancee. While it isn't explicitly as it is on DS156, "fiance om the USA" could be infered from the contact info.

It could. As a practical matter a single woman from China is going to have to own some businesses and be wealthy to obtain a visitor visa to the USA unless it's through a tour company that holds the passports. However, there is no specific requirement that the US fiance be the contact person. Another potential deal killer is the interview itself which focuses on investigating purpose of visit and potential immigrant intent.