How my Chinese Girlfriend can vist me.

[Penguin_ie 5,996]

If she wants a tourist visa, she needs strong ties to China because she must go back after her visit to you. She cannot use a tourist visa to come visit you and then stay. As others have said, it is difficult to get a tourist visa from China- this has nothing to do with your past, it's because of where she is from.

Later on, once you have met, you can apply for a fiancee visa (K1) or spousal visa (CR-1). For that, she won't need to prove any ties because those visas are to immigrate to the USA and stay.

[SammyMahina 0]

If she wants a tourist visa, she needs strong ties to China because she must go back after her visit to you. She cannot use a tourist visa to come visit you and then stay. As others have said, it is difficult to get a tourist visa from China- this has nothing to do with your past, it's because of where she is from.

Later on, once you have met, you can apply for a fiancee visa (K1) or spousal visa (CR-1). For that, she won't need to prove any ties because those visas are to immigrate to the USA and stay.

"Later on, once you have met, you can apply for a fiancee visa (K1) or spousal visa (CR-1)", SO even if we intend to marry she will still have to start with the tourist visa?

[Deputy Purple 1,294]

I guess you could always attempt to get a waiver of the "Met in person in the last 2 years" for the I-129f Petition with proof that you can't meet in person due to circumstances. At the very least that would require she attempt to get a tourist visa and you request to get travel approval from the court and both were denied.

Such a waiver would be a long shot though as they are rarely granted but it just might work in your case. I wouldn't try it until you two have been a couple for a while (18 months - 2 years) though just to show that there has been a blossoming relationship that is hindered from going to the next level due to the travel issues.

[Penguin_ie 5,996]

"Later on, once you have met, you can apply for a fiancee visa (K1) or spousal visa (CR-1)", SO even if we intend to marry she will still have to start with the tourist visa?

In almost all cases, yes. It is extremely difficult to get a waiver on the "having physically met in the last 2 years" requirement, and you will already have an uphill battle due to AWA issue. That being said, of the two cases I remember where the "having physically met in the last 2 years" requirement was waived was where the US citizen was a felon who could not travel, and the foreign fiance was turned down for a tourist visa 4 times over 2 years. Filing a waiver is costly and takes a long time.

[thongd4me 69]

Not if he can't leave the US - for some felonies, they take away your passport. I think this is also the case if one has lots of unpaid child support.

This will all be revealed to the OP's Chinese GF in the visa process, so it's best to own up sooner than later.

If he thinks that he must wait until she comes stateside (first to see what a great guy he is in person) he

may be miscalculating. Women value truthfulness and such a revelation is bound to be a shock to her.

She may ignore that because she is naive or forgiving or even if she has another agenda.

It's best to be open about things early on to prevent one or both from getting hurt after

both have invested more time in this relationship.

[thongd4me 69]

....seeing how I have told her everything.

Good for you, but I would still suggest you get to know each other as best you can without meeting.

[SammyMahina 0]

Good for you, but I would still suggest you get to know each other as best you can without meeting.

I understand and we are as Ive stated earlier we will wait at least 1 1/2 years. Bur I want to know the problems we face now instead of it hitting us later. For instance the amount of money she needs to prove "Strong Ties", I will thus be working/living the perfect square life and sending her what I can to help her save up. Some may believe this is a bit over the top so soon, and I understand.

Thank you for the support.

I am trying to get her to register to ask some questions herself.

[SammyMahina 0]

In almost all cases, yes. It is extremely difficult to get a waiver on the "having physically met in the last 2 years" requirement, and you will already have an uphill battle due to AWA issue. That being said, of the two cases I remember where the "having physically met in the last 2 years" requirement was waived was where the US citizen was a felon who could not travel, and the foreign fiance was turned down for a tourist visa 4 times over 2 years. Filing a waiver is costly and takes a long time.

This however long it may take means it is possible? The brunt of all my questions revolve around her and not wanting to put her through hell for nothing if being together is not possible due to travel laws etc. I would also ask if anyone knows of a site she may visit to learn what she can.

[Boiler 45,956]

Site, well there is this one.

I would suggest you speak to a Lawyer about chances, I would put them very low, but I may be wrong.

[Penguin_ie 5,996]

It's not impossible, but very very difficult. I would not count on it- see it as a last resort, as they certainly wouldn't approve it without several years of a solid relationship and all other avenues exhausted.

You may want to look into travel from your side: ie, will you be barred from foreign travel for life, or will this be lifted in a few years? Could you, with perfect behaviour, be allowed a one time exception for a long weekend in Mexico or similar?

Try http://www.candleforlove.com/, I hear it is very good and has a Chinese language section.

Edited October 9, 2010 by Penguin_ie

[SammyMahina 0]

She has been keeping up with the thread but dosent want to register. Nor does she care about the topic at the moment it depresses her. She wants to know however if travel from Europe here is possible? She next year will be attending school there and wants to know if during the breaks if she can come to america.

I am doubtful this will make it any easier but I would like to be optimistic.

[thongd4me 69]

[/u]

I understand and we are as Ive stated earlier we will wait at least 1 1/2 years. Bur I want to know the problems we face now instead of it hitting us later. For instance the amount of money she needs to prove "Strong Ties", I will thus be working/living the perfect square life and sending her what I can to help her save up. Some may believe this is a bit over the top so soon, and I understand.

Thank you for the support.

I am trying to get her to register to ask some questions herself.

Considering your circumstances, it's pretty much an all or nothing crapshoot,

because you can't go the traditional route and she has to come to you.

Once that hurdle is behind you, then there will be an ultra-severe examination of your case by USCIS.

You won't find many folks with even a remotely similar situation to yours.

Love may conquer all but all may not be under your control.

Wishing the both of you the best of luck.

[Deputy Purple 1,294]

She has been keeping up with the thread but dosent want to register. Nor does she care about the topic at the moment it depresses her. She wants to know however if travel from Europe here is possible? She next year will be attending school there and wants to know if during the breaks if she can come to america.

I am doubtful this will make it any easier but I would like to be optimistic.

She will still be a Chinese Citizen so not much will change. It's worth a shot though because there's always the chance that the Embassy in the European Country might take here educational efforts in that country as "ties" to return but don't count on it.

[Darnell 8,479]

oh - where there's a will, there's a way, yes?

Is she 'set' on Europe for school? Really?

Suggest New Zealand, instead - go to Masters Program there.

She can apply (once there) for New Zealand Citizenship and Passport (usually within 18 months)

and then

once she has that (New Zealand Passport) in hand,

she can travel anywhere.

Specifically to USA? No Tourist Visa Needed, can come in on Visa Waiver Program.

I personally know about 25 Chinese friends who 'went this way'.

Edited October 10, 2010 by Darnell

[Penguin_ie 5,996]

If she has the money for schooling, she could even try for an F1(student) visa to the USA...