Renewing a Travel Visa a few times before going for the IR-1

[billycojack 0]

So I am in a sticky position.

I am now married to a Chinese girl. She currently has a US travel visa which will run out in FEB. We DO NOT want to go for her a green card yet as we would like to travel the world a bit before that, BUT do want to come in and out of the US over the next few years.

That means we would like to continue renewing her travel visa before filing for the IR-1 in a year or two or more.

I know this plan is both legal and even advised in our situation, but the little lady has heard on the Chinese side of the web that getting a travel visa after getting married to a US citizen is next to impossible. Meaning she will not be approved for another travel visa because she is now married to me.

Is this true? and if so what other options do we have?

Note: We got married in China after she had received her visa, and she has been in and out of the US a couple times already.

Also, I just want to state here that the US has really sucky immigration laws if they will not let my wife come visit my parents even when she is not intent on immigrating.

THANKS ALL FOR READING!!!

[dwheels76 5,469]

So I am in a sticky position.

I am now married to a Chinese girl. She currently has a US travel visa which will run out in FEB. We DO NOT want to go for her a green card yet as we would like to travel the world a bit before that, BUT do want to come in and out of the US over the next few years.

That means we would like to continue renewing her travel visa before filing for the IR-1 in a year or two or more.

I know this plan is both legal and even advised in our situation, but the little lady has heard on the Chinese side of the web that getting a travel visa after getting married to a US citizen is next to impossible. Meaning she will not be approved for another travel visa because she is now married to me.

Is this true? and if so what other options do we have?

Note: We got married in China after she had received her visa, and she has been in and out of the US a couple times already.

Also, I just want to state here that the US has really sucky immigration laws if they will not let my wife come visit my parents even when she is not intent on immigrating.

THANKS ALL FOR READING!!!

Can she still get visitor visa no one can say for sure she may get approved and get to the border (Point of entry) and the CBP won't let her in. Because even though her intent isn;t to immigrate they don't know that. Unfortunately many of us have to pay for the sins of those your violated the laws before us and still do.

It's a judgement call for the officer at the border to make and when she is asked "do you know anyone here in US". She must say yes her husband. So why would an Ofiicer think otherwise she has no real reason to return to her country. Thats why she must have with her strong strong ties to show she would return. It's very hard.

Why wouldn't you just do the CR1/IR1 visa and get it and travel all over in that same frame of time with no problems?

[bigdog 376]

Don't risk a refused entry, just do it right.

[JohnR! 5,495]

So I am in a sticky position.

I am now married to a Chinese girl. She currently has a US travel visa which will run out in FEB. We DO NOT want to go for her a green card yet as we would like to travel the world a bit before that, BUT do want to come in and out of the US over the next few years.

That means we would like to continue renewing her travel visa before filing for the IR-1 in a year or two or more.

If you live in China, she will not have an issue getting a tourist visa. Just make sure that when she applies for her visa, she has proof of your ties with that country. So long as you can show evidence that you must return to China, she will be fine getting her visa, for you are the only way she could come to the US and stay.

If you live in the US and she in China, it changes everything and the surest thing would be for you to file for her IR/CR1. She can still travel with world with you once she has her greencard on hand. Also as a US resident it will be easier for her to obtain visas for certain countries, some of which may be included in your itinerary.

Good luck!

Edited July 25, 2012 by Gegel

[leishi 11]

If you live in China, she will not have an issue getting a tourist visa. Just make sure that when she applies for her visa, she has proof of your ties with that country. So long as you can show evidence that you must return to China, she will be fine getting her visa, for you are the only way she could come to the US and stay.

If you live in the US and she in China, it changes everything and the surest thing would be for you to file for her IR/CR1. She can still travel with world with you once she has her greencard on hand. Also as a US resident it will be easier for her to obtain visas for certain countries, some of which may be included in your itinerary.

Good luck!

agree completely with the above.

I have a friend living in Shanghai, and he is married with a chinese girl, his wife got tourist visa to the U.S being married to him no problem, since they are living in china, not in the u.s

[Ryan H 3,828]

Moved from IR-1/CR-1 Process & Procedures to Tourist Visas forum; topic is about renewing a tourist visa.

[Mr America 1]

So I am in a sticky position.

I am now married to a Chinese girl. She currently has a US travel visa which will run out in FEB. We DO NOT want to go for her a green card yet as we would like to travel the world a bit before that, BUT do want to come in and out of the US over the next few years.

That means we would like to continue renewing her travel visa before filing for the IR-1 in a year or two or more.

I know this plan is both legal and even advised in our situation, but the little lady has heard on the Chinese side of the web that getting a travel visa after getting married to a US citizen is next to impossible. Meaning she will not be approved for another travel visa because she is now married to me.

Is this true? and if so what other options do we have?

Note: We got married in China after she had received her visa, and she has been in and out of the US a couple times already.

Also, I just want to state here that the US has really sucky immigration laws if they will not let my wife come visit my parents even when she is not intent on immigrating.

THANKS ALL FOR READING!!!

By "travel the world", do you mean countries besides the US as well? I dont see problems with that even if the CR/IR visa in in processing. My wife and I went for a honeymoon in Europe with a schengen visa for her from India, while the I-130 was pending approval.

[billycojack 0]

Thanks all for the input!

she may get approved and get to the border (Point of entry) and the CBP won't let her in.

Why wouldn't you just do the CR1/IR1 visa and get it and travel all over in that same frame of time with no problems?

I just called the USCIS and they said the same thing. It is not about immigration, but border entry. Last time she entered the US they hassled her pretty bad and it shook her up. I often get hassled myself (being of mixed race) and even was put in immigration once. Don't mean to be rude here, but I have heard all it takes to work for customs is a background check and being about to walk up 50 stairs. Almost as bad as TSA.

About the CR1/IR1: We are just looking into alternatives. We were told at the immigration office that the wait for approval is up to 10 months right now and we would like to be able to enter the US together in the mean time. But if there is no other way, we may just go for the IR1.

Don't risk a refused entry, just do it right.

...not sure which way is right though. I hear you about getting refused at the border, however.

If you live in China, she will not have an issue getting a tourist visa... as long as you can show evidence that you must return to China, she will be fine getting her visa.

If you live in the US and she in China, it changes everything and the surest thing would be for you to file for her IR/CR1. Also as a US resident it will be easier for her to obtain visas for certain countries, some of which may be included in your itinerary.

It is good to hear it is possible to keep getting the tourist visa if necessary, you are right also about ease of travel as a US residence. We are already meeting with problems getting into certain countries, and even are almost totally unable to enter some because of poor relations with China - Nicaragua to note one.

The whole "where we are living" thing is kind of why we are having this issue. We are not really 'living' anywhere right now, and the point would be to live in south america or elsewhere for a while. The system does not seem allow for this so well currently, but we are trying to deal with it the best we can.

agree completely with the above.

I have a friend living in Shanghai, and he is married with a chinese girl, his wife got tourist visa to the U.S being married to him no problem, since they are living in china, not in the u.s

More positive reinforcement that she will be able to get a tourist visa again, and enter the US, as long as she can get past the border nazis. Thanks!

By "travel the world", do you mean countries besides the US as well? I dont see problems with that even if the CR/IR visa in in processing. My wife and I went for a honeymoon in Europe with a schengen visa for her from India, while the I-130 was pending approval.

That is great to hear too. We were worried that while the process was proceeding she would have to stay in China due to interviews and the such. Our plan would be to in several different countries other then China or the US, working and living in them for many months at a time.

Any idea how long she can be away from the embassy while the CR1/IR1 is going through? I am sure we would have to get back quick once approved though and then on to the US to finalize. This is something I will have to look into further.

[billycojack 0]

I should also note here that I called USCIS and the friendly guy on the phone did mention that going for a adjustment of status would be the fastest and best way for us.

She is currently in the US with me now, and because we did not enter with the intent to immigrate, but are only now deciding to go for the green card, it would be legal for her to use this method. He said the wait right now is only 4 months for our area.

I should also mention that he said that the USCIS will treat all I-130 applicants the same (IR vs K1 vs adjustment), so there is not any less chance of approval if we go for this method. This IS NOT what i have heard via the grapevine, but if true, makes the whole deal A LOT easier.

Do you all know if this is true? If we go for the adjustment of status now are we risking anything?

We were planing on head back to China first as to get the best chances for approval, but the adjustment of status way seems a heck of a lot smoother and faster if possible.

[JohnR! 5,495]

I should also note here that I called USCIS and the friendly guy on the phone did mention that going for a adjustment of status would be the fastest and best way for us.

She is currently in the US with me now, and because we did not enter with the intent to immigrate, but are only now deciding to go for the green card, it would be legal for her to use this method. He said the wait right now is only 4 months for our area.

I should also mention that he said that the USCIS will treat all I-130 applicants the same (IR vs K1 vs adjustment), so there is not any less chance of approval if we go for this method. This IS NOT what i have heard via the grapevine, but if true, makes the whole deal A LOT easier.

Do you all know if this is true? If we go for the adjustment of status now are we risking anything?

We were planing on head back to China first as to get the best chances for approval, but the adjustment of status way seems a heck of a lot smoother and faster if possible.

Billy, the information you received from the USCIS is correct. If you are here you can get married and apply for AOS stateside.

However, there is a catch - isn't there always - which is the AOS would work for her so long as you are going to establish residence in the US permanently. First you yourself will have to provide evidence you are living in the US, by means of proof of rent or mortgage, bank account, DL, etc. In addition, for her to keep her green card and maintain her status as a resident, she will not be able to reside outside the US. The reason I bring it up is because you mentioned in another post there is a chance you will end up living in So. America. So, if you are not sure where you will end up living, it may become a logistic nightmare. It is not impossible to do but you will need to choreograph it so that she does not end up losing her green card as a result.

I hope this all helps!