How long is the first visa valid?

[The Portfolios 0]

Hi everyone, this is my first post.

I am American, my wife is Chinese. We live together in Shanghai and have applied through the Direct Consular Forms. Her interview is scheduled for next week in Guangzhou

We are wondering - assuming she is granted a visa, how long will she have to get to America? The helpful article on DCF says she will be granted a "Machine Readable Immigrant Visa" which will be stamped at her port of entry in the States and turn her into a permanent resident. Is there a time limit on this?

The reason we ask is that even though we want to move to America, we are quite comfortable in Shanghai and wouldn't mind sticking around for a few months. Our lease expires in July and we would like to collect the security deposit. Plus we have good jobs and could save more money if we stayed a little longer.

Can anyone help us with this?

[rockrs2001 0]

Hi everyone, this is my first post.

I am American, my wife is Chinese. We live together in Shanghai and have applied through the Direct Consular Forms. Her interview is scheduled for next week in Guangzhou

We are wondering - assuming she is granted a visa, how long will she have to get to America? The helpful article on DCF says she will be granted a "Machine Readable Immigrant Visa" which will be stamped at her port of entry in the States and turn her into a permanent resident. Is there a time limit on this?

The reason we ask is that even though we want to move to America, we are quite comfortable in Shanghai and wouldn't mind sticking around for a few months. Our lease expires in July and we would like to collect the security deposit. Plus we have good jobs and could save more money if we stayed a little longer.

Can anyone help us with this?

I'm not so good with this system so maybe someone has answered already....but the k1 visa is good for 6 months from the time it is issued. You can also apply for and extension for additional time. Once she enters the US the 3 month period starts. Hope this helps. -Rick

[The Portfolios 0]

Rick-

Thanks for the help. I suppose the question comes down to whether this "Machine Readable Immigrant Visa" is in fact a K-1. Not sure myself. Does the DCF filing method result in a K-1 or something else? Six months seems like a reasonable amount of time to gather your things and head to the US, I suppose.

[Yodrak 7]

The Portfolios,

The visa - an immigrant visa - will be valid for 6 months from the date of issue. She must leave China for on uninterupted travel to the USA before it expires. ('uninterupted travel' does not mean a non-stop flight, it means no stop-overs longer than necessary enroute).

Yodrak

Hi everyone, this is my first post.

I am American, my wife is Chinese. We live together in Shanghai and have applied through the Direct Consular Forms. Her interview is scheduled for next week in Guangzhou

We are wondering - assuming she is granted a visa, how long will she have to get to America? The helpful article on DCF says she will be granted a "Machine Readable Immigrant Visa" which will be stamped at her port of entry in the States and turn her into a permanent resident. Is there a time limit on this?

The reason we ask is that even though we want to move to America, we are quite comfortable in Shanghai and wouldn't mind sticking around for a few months. Our lease expires in July and we would like to collect the security deposit. Plus we have good jobs and could save more money if we stayed a little longer.

Can anyone help us with this?

[Yodrak 7]

Rick,

He's married already and his wife is applying for an immigrant visa.

Yodrak

Hi everyone, this is my first post.

I am American, my wife is Chinese. .....

I'm not so good with this system so maybe someone has answered already....but the k1 visa is good for 6 months from the time it is issued. You can also apply for and extension for additional time. Once she enters the US the 3 month period starts. Hope this helps. -Rick

Edited January 16, 2007 by Yodrak

[The Portfolios 0]

Yodrak-

Cheers for the advice. However, we just got out of the interview and were denied. The reason was that I have been living in China with my wife for four years and did not show a job offer in the States or any property deed (though I intend to move to the States and get work, I don't have a job offer yet, and I don't own any property). It seems they assume the worst in all cases: "he doesn't have any job offer, he's been in China for so long, I guess he's just going to stay in China and his wife is using him for a visa.." ???? I mean, really, why would we apply for a visa unless we intended to move to the US? And if I can find good work here, why couldn't I find good work in the States? Seems they assume I am unemployable in the US and maybe that's why I've been in China so long.. doesn't occur to them that I've stayed here because I refuse to leave my wife alone here and live alone in the US... honestly so angry right now, but all is not lost.

If I can get a job and show them an offer of employment, they will issue her visa. Job market, here I come!

[briccasart 0]

I'm quite stunned with this...and more than a little worried. I'm an American citizen married to an Irish man. I moved to Ireland after getting married in 2003 and have been here since (w/ frequent trips back home to the States with my husband). We have our first I-130 interview at the embassy next month and after reading what happened in your case, I'm worried that they may take the same view in our situation. I don't own any property in the States either, but have kept bank/credit card accounts open because it was always my intention to move back eventually. We will also have the support of my family when we move home.

That is unbelievable that they wouldn't approve you based on a lack of employment offer. That is quite a Catch-22.

Have you any other recourse?

[The Portfolios 0]

Bricassart-

No, it seems there is nothing we can do but either get a job offer in the States or buy/rent a home.

It is hard to say what they are going to look at. They had a problem with the fact that I've been in China since graduating college four years ago - and technically never had a real "job" job in the States. They used this as evidence that I was not intending to ever come back (!).

It will help if you own/rent a home in the US. Also, if your family is going to support you, I suggest you get them to fill in an I-864, because then you will be definitely tied to the land ("domiciled" in the States).

If you have that, you should be fine. Good luck.

[Anyta Holland 1]

I just wanted to say that we were in a similar place when we applied at the Embassy in London.

I am a USC by birth and had never lived in the US before. I had been living in the UK when we applied for my husband's visa. Even though I didn't have a job, a job offer, a residence or $100k in the bank to support my husband with, we were granted the visa.

How did this happen? We had a Co-Sponsor. They didn't even check domicile or anything, I had a letter from the Manager's Office of the apartment complex we live in now to say that I had been doing all the arrangements to move in in one of their units.

I hope this helps in any way.

Good luck!

[Boiler 45,564]

Yodrak-

Cheers for the advice. However, we just got out of the interview and were denied. The reason was that I have been living in China with my wife for four years and did not show a job offer in the States or any property deed (though I intend to move to the States and get work, I don't have a job offer yet, and I don't own any property). It seems they assume the worst in all cases: "he doesn't have any job offer, he's been in China for so long, I guess he's just going to stay in China and his wife is using him for a visa.." ???? I mean, really, why would we apply for a visa unless we intended to move to the US? And if I can find good work here, why couldn't I find good work in the States? Seems they assume I am unemployable in the US and maybe that's why I've been in China so long.. doesn't occur to them that I've stayed here because I refuse to leave my wife alone here and live alone in the US... honestly so angry right now, but all is not lost.

If I can get a job and show them an offer of employment, they will issue her visa. Job market, here I come!

You do not need a job, you do not need to be employed.

Looks like you have 2 issues:

Did you have a co-sponsor? I am assuming you do not have the capital equivalent. Have you filed your US taxes?

You need a US "residence", usually people list their Parents address, I do not know if your Consulate is 'picky', but seems taht any US address will normally do.

You may also now be caught in the new legislation.

[Yodrak 7]

The Portfolios,

Further to what Boiler wrote, the consular officer is assuming nothing. The INA says that a Sponsor must have US domicile. You do not.

Having a job and a residence in the USA are significant factors in determining domicile. Not the only factors, but significant ones.

Re-establish US domicile (and get an income or a Joint Sponsor) and the visa can be issued.

Yodrak

Yodrak-

Cheers for the advice. However, we just got out of the interview and were denied. The reason was that I have been living in China with my wife for four years and did not show a job offer in the States or any property deed (though I intend to move to the States and get work, I don't have a job offer yet, and I don't own any property). It seems they assume the worst in all cases: "he doesn't have any job offer, he's been in China for so long, I guess he's just going to stay in China and his wife is using him for a visa.." ???? ....

Edited January 25, 2007 by Yodrak

[The Portfolios 0]

Anyta-

Was the apt manager actually a co-sponsor? Meaning he/she also filed an I-864? Or did he/she just mail a letter saying you were arranging an apt?

Boiler-

I did not have a co-sponsor. I do have the income equivalent, but this is an income in China, proved only by a letter to my employer and bank statements showing that I've been sending money home. I file taxes in the US, but they're very simple because my entire income is exempt (anything under $80k in foreign income pays nothing).

It seems the easiest thing to do would be to have a family member living in the States become a co-sponsor?

Rindy

[Magnolia31 0]

Yodrak-

Cheers for the advice. However, we just got out of the interview and were denied. The reason was that I have been living in China with my wife for four years and did not show a job offer in the States or any property deed (though I intend to move to the States and get work, I don't have a job offer yet, and I don't own any property). It seems they assume the worst in all cases: "he doesn't have any job offer, he's been in China for so long, I guess he's just going to stay in China and his wife is using him for a visa.." ???? I mean, really, why would we apply for a visa unless we intended to move to the US? And if I can find good work here, why couldn't I find good work in the States? Seems they assume I am unemployable in the US and maybe that's why I've been in China so long.. doesn't occur to them that I've stayed here because I refuse to leave my wife alone here and live alone in the US... honestly so angry right now, but all is not lost.

If I can get a job and show them an offer of employment, they will issue her visa. Job market, here I come!

That is really sad and frightening. I hope you are able to work something out and get them to change their minds.

[Magnolia31 0]

Bricassart-

No, it seems there is nothing we can do but either get a job offer in the States or buy/rent a home.

It is hard to say what they are going to look at. They had a problem with the fact that I've been in China since graduating college four years ago - and technically never had a real "job" job in the States. They used this as evidence that I was not intending to ever come back (!).

It will help if you own/rent a home in the US. Also, if your family is going to support you, I suggest you get them to fill in an I-864, because then you will be definitely tied to the land ("domiciled" in the States).

If you have that, you should be fine. Good luck.

"They used this as evidence that I was not intending to ever come back (!)"

I just had to comment one more time because this just makes me angry. Their whole thing about intent is nauseating. Before applying for a fiance visa and going through this dumb process all over again, I was contemplating applying for a returning resident visa because I lost my right to use my permanent resident card since I have now been in Germany for 4 years. Even though my daughter is an American citizen, my brother is a US citizen and lives in NJ, and I STILL have strong ties to my American stepdad who I call my real dad, they would have not been satisfied with my intent to return to the states which I definitely had.

I came to Germany AFTER my ex American husband abandoned me and my newborn baby, leaving me with nowhere to go BUT to my mom's house here in Germany. I started taking college classes with an American college so I could get my degree and get a decent job to go back to the states with my daughter. The consular officer I spoke to was just not satisfied and told me that I would more than likely end up paying $400 which is non-refundable, for nothing. So I didn't risk wasting my money.

This freaking "intent to return" thing just really ticks me off. OK .. sorry - I had to vent though!