Question on my case and case progress

[walbers 1]

Hi Folks....geez....wish I had found you a year ago. I hope I can gain some benefit from all of your experiences.

I am an American citizen living and working in Ho Chi Minh City, Vietnam. My wife is a Chinese (PRC) national. We've been married for almost 2 years but have lived together (mostly in China) for 6. Before marriage she applied twice for a visitor visa to the US so I could bring her to meet my family. She was denied both times...presumably for failing to demonstrate strong ties to China (no property ownership, not a strong career background, etc, etc). Her interviews in Beijing were humiliating and insulting and she swore never to go through the process again. I know enough about the visa process to understand that getting a visitor visa is even more difficult once we got married as INS determines implied intent to immigrate once we are married and we have no intention at the moment. Just want her to visit. so....

Question #1 - I asked an immigrations lawyer about getting my wife a visitor visa and he said likely impossible. He recommended going the IV route....then getting the IV and not actually immigrating. We would use the IV to visit then come back to HCMC and let it expire. The rationale he gave was that letting it expire would clearly demonstate no intention to immigrate and then she would be given a B1 visa when we applied for a visitor visa (and then you can apply for visa status change once we finally do move back...how stupid is that?). So......we filed for the IV visa. Was this a mistake? Are we going to have a problem when we go to the interview and can't actually prove intention to domicile at this moment? (though I am looking/interviewing and it's quite possible I could find a job in the US I'm not holding my breath) If my wife is denied again (after being told it's a slam dunk) it would be devestating to us both. She doesn't care about living there...she just wants to visit.

Question #2 - so we applied for the IV and it's all gone fine. Our case was approved at the NVC on August 14. Now waiting for the interview but can't seem to find out when we might get this interview. I contact the NVC and they say waiting for interview date from HCMC. I contact HCMC and they say they don't have the case from NVC and to contact them. How long should this take? Seems about 2 months based on what i read on the consulate website and heard from the lawyer. But in the meantime life plans and travel schedules are on hold until i know when this interview is going to take place. any thoughts on how long this might take and whether there is anyone I can contact at NVC that would actually know this info? e-mail responses tend to be standardized and the phone operators know even less it seems...though they've been uniformly polite to me.

would appreciate all your insight and advice and support. I want nothing more than to bring my wife to MeiGwo (Beautiful Country in Chinese) and show her a good time and introduce her to my family. But it seems impossible at times. I've been through it before a long time ago and I don't remember it being so difficult.

thanks

Best Regards

Will & Sarah

[Ryan H 3,812]

I know enough about the visa process to understand that getting a visitor visa is even more difficult once we got married as INS determines implied intent to immigrate once we are married and we have no intention at the moment. Just want her to visit. so....

This is largely semantics, INS is an agency that hasn't existed since 2003 (it was split up into USCIS and ICE). Also, it's State Department policy that states a tourist visa applicant must overcome the assumption of immigration intent.

Question #1 - I asked an immigrations lawyer about getting my wife a visitor visa and he said likely impossible. He recommended going the IV route....then getting the IV and not actually immigrating. We would use the IV to visit then come back to HCMC and let it expire. The rationale he gave was that letting it expire would clearly demonstate no intention to immigrate and then she would be given a B1 visa when we applied for a visitor visa (and then you can apply for visa status change once we finally do move back...how stupid is that?). So......we filed for the IV visa. Was this a mistake? Are we going to have a problem when we go to the interview and can't actually prove intention to domicile at this moment? (though I am looking/interviewing and it's quite possible I could find a job in the US I'm not holding my breath) If my wife is denied again (after being told it's a slam dunk) it would be devestating to us both. She doesn't care about living there...she just wants to visit.

IMO, this lawyer didn't give you good advice. While it is true she can enter the US and then surrender her green card and leave, it does not guarantee future tourist visa applications will be successful (although it may improve the odds). Secondly, using a tourist visa to immigrate is fraud (even though the burden of proof would be on USCIS to prove fraud, why risk it?).

Question #2 - so we applied for the IV and it's all gone fine. Our case was approved at the NVC on August 14. Now waiting for the interview but can't seem to find out when we might get this interview. I contact the NVC and they say waiting for interview date from HCMC. I contact HCMC and they say they don't have the case from NVC and to contact them. How long should this take? Seems about 2 months based on what i read on the consulate website and heard from the lawyer. But in the meantime life plans and travel schedules are on hold until i know when this interview is going to take place. any thoughts on how long this might take and whether there is anyone I can contact at NVC that would actually know this info? e-mail responses tend to be standardized and the phone operators know even less it seems...though they've been uniformly polite to me.

would appreciate all your insight and advice and support. I want nothing more than to bring my wife to MeiGwo (Beautiful Country in Chinese) and show her a good time and introduce her to my family. But it seems impossible at times. I've been through it before a long time ago and I don't remember it being so difficult.

thanks

Best Regards

Will & Sarah

The NVC will schedule an interview as soon as the Consulate in HCMC tells them they have a date available. You will need to keep contacting the NVC to see if an interview has been scheduled. If they have your email address, they will email you telling you the date.

Lastly, to help improve your Chinese, America in Pinyin (Chinese in English letters) is MeiGuo, not MeiGwo.

[Operator 1,927]

Hi Will,

You've got a lot going on here. I'm not an expert on spousal visas but some one will be along shortly to straighten us out on all the particulars.

I'll start by saying I'm not a fan of the advice your lawyer gave you. How long have been out of the US? I believe you are going to have residency issues that will affect your affidavit of support come interview time.

The idea of spending the time and money for a IR-1 visa just to get a B visa seems flawed to me.

[walbers 1]

Hi Will,

You've got a lot going on here. I'm not an expert on spousal visas but some one will be along shortly to straighten us out on all the particulars.

I'll start by saying I'm not a fan of the advice your lawyer gave you. How long have been out of the US? I believe you are going to have residency issues that will affect your affidavit of support come interview time.

The idea of spending the time and money for a IR-1 visa just to get a B visa seems flawed to me.

thanks for the comments.....I've been out of the US for 6 years now. I am employed here in VN. Looking for opportunities to repatriate so on one hand applying for the IV is preparation should the right opportunity come along.

the problem of course is that we just want to visit at this time. We can't get a B visa. We are married now and the expectation on the part of a CO is that she will immigrate at some point. it's nearly impossible for her to convince a CO that she doesn't intend to at this time. I've done enough research online and through immigration lawyers to understand that her likelihood of rejection is very, very high. the process is so humiliating that I don't think my wife could endure another rejection. it causes alot of marital tension and frustration. So really, the only option left is to apply for the CR1. 6 years together and I lived legally in her country for 4.5 years of those....and she's never once been able to visit my home country. it's a shame and travesty to be frank about it. We are honest people, just want to visit, willing to follow all the laws and procedures but yet finding a CO willing to believe you is like winning the lottery. So the logic is that getting an IV and not immigrating proves your intent to not immigrate. FYI, I'm not a newbie to the process.....have been through it before about 15 years ago. Though a corporate assigned Immigration lawyer handled everything at that time (including expedited US citizenship while overseas).

would like to hear more from other couples who have been in a similar situation....can't get a tourist visa, just want to visit at this point in time....etc,et

to the poster above commenting on my pinyin....i've been over in Asia long enough to still mix up the old Wade-Giles style with the more modern accepted PRC version. For example I first learned of the Guangdong city Zhongshan as Chungshan. so i still mix those types of spelling .... I'm not at all a student of the language.

best regards

will

[Operator 1,927]

I certainly understand the frustration part. My wife was terrified to apply for her tourist visa because of the possibility for denial. As you well know it sort of goes against the Chinese nature to set oneself up for disappointment. In the end she did get her visa and was subsequently issued a second one while we were going through the K-1 process. Just for information purposes the refusal rate for B visas for folks from mainland China in FY 2011 was only 12% according to the Department of State.

I may be showing my ignorance but my main concern with the IR/CR-1 route would be the fact that you have been out of the country for 6 years and it sounds like; though you have some intention of setting up a US domicile if the opportunity presented, that likely wouldn't happen before her interview. I don't think that will go unnoticed by the DOS, again I'm not a expert on this visa type.

Agree whole heartedly that it's a shame that the honest traveler is caught up in a very strict system. I hope things work out for you both.