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US Visa for my wife (I'm US Citizen)

Just like it says.. a forum for discussion of these things.

US Visa for my wife (I'm US Citizen)

Postby starblazer » Wed Nov 10, 2010 5:37 pm

So I just got married in September this year to my girlfriend of 5 years. I want to take her to the US for Christmas and so I applied for a tourist visa for her. However, it was denied. Just wondering if any other Americans with local Chinese spouse have been successful with this. Just some background on our situation:

1. My wife doesn't work, she's a housewife
2. I used my company's American Chamber of Commerce Corporate Visa program (accelerated appointment process), almost like my company is sponsoring her.
3. I applied for a B2 Tourist Visa (I don't plan on moving back to the States for several more years, so don't want the hassle of an immigration visa, we're only visiting for 2 weeks!).

At the end of the interview, they just handed her a generic rejection letter stating that they couldn't reasonably determine she had enough motivation to return to China. It seems to me that since she is my wife, that she pretty much needs to go where ever I can go. And true, other than her desire to NOT leave China, she doesn't really have anything holding her to one place other than me. I guess it would be different if she was a career gal, but she's a housewife.

Any help would be greatly appreciated! I'm going to apply again next week and see how it goes...

Thanks!
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Re: US Visa for my wife (I'm US Citizen)

Postby Misteral » Wed Nov 10, 2010 6:06 pm

Tourist visas are always more difficult to get than immigration. With an application for immigration you are at least being up front and saying I'm not coming back. With a tourist visa the question they ask themselves is 'What has she got to come back to China for?" Answer in your case.....a husband of two months. Mmmmm...........not enough I'm afraid. I can't see them changing their mind unless your wife comes up with more reasons to return. I hope I'm wrong but think it will be a waste of money if you apply again next week.
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Re: US Visa for my wife (I'm US Citizen)

Postby 7thGreen » Wed Nov 10, 2010 6:17 pm

As they said there is nothing to guarantee that she will return to China. Also, since you have not been married long they may think it is an marriage of convenience. I've been to the visa service hour to discuss an old employees visa that was rejected and they recommend not to reapply unless their situation changes. If everything is the same, the result will be the same.

If your wife has not traveled outside of china then I recommend activating her passport with trips to regional countries first then go back to get the USA visa next year. After her first USA visa then it's easy. My wife gets a one year multiple entry US visa every year with no interview, given our situation is different.
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Re: US Visa for my wife (I'm US Citizen)

Postby starblazer » Wed Nov 10, 2010 6:21 pm

Thanks for the reply. I didn't realize that tourist visas were more difficult than Immigration visas. However, I have no plan to move back to the States for several years, and I believe an immigration visa a) takes around a year or more to get and b) believe it requires you live in the US.

Would bringing proof of ownership of a home (but not in Shanghai) help? Her name is on 2 apartments, one in Chongqing and another in Urumqi. Total value is almost $300,000 invested.
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Re: US Visa for my wife (I'm US Citizen)

Postby starblazer » Wed Nov 10, 2010 6:23 pm

7thGreen wrote:As they said there is nothing to guarantee that she will return to China. Also, since you have not been married long they may think it is an marriage of convenience. I've been to the visa service hour to discuss an old employees visa that was rejected and they recommend not to reapply unless their situation changes. If everything is the same, the result will be the same.

If your wife has not traveled outside of china then I recommend activating her passport with trips to regional countries first then go back to get the USA visa next year. After her first USA visa then it's easy. My wife gets a one year multiple entry US visa every year with no interview, given our situation is different.


How long does one usually have to wait for a marriage to not be viewed as "convenience"? And her passport has 2 entries for Thailand and another for Malaysia. No Western or "world power" countries, but they seemed to ignore this in her passport.
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Re: US Visa for my wife (I'm US Citizen)

Postby 7thGreen » Wed Nov 10, 2010 6:47 pm

I'm not sure. I've read here that it is helpful to show pictures from over those five years and the trips. Also, there are other factors like if there is a large age difference can make it more difficult. Again, i'm not sure. We have had no issues and over the last few years it has gotten easier, she just sends it off and she gets the visa in a day or two.
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Re: US Visa for my wife (I'm US Citizen)

Postby starblazer » Wed Nov 10, 2010 7:04 pm

So can she bring more things with her like photo albums, information about my job, etc?
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Re: US Visa for my wife (I'm US Citizen)

Postby monalisalee » Wed Nov 10, 2010 7:20 pm

Same thing happened to me, except it was N.Z. Immigration, but the rules are similar.
I had been married to a Chinese girl for 2 months, but you need to prove she is returning. In other words you are guilty until proven innocent.

We were refused, but reapplied, and threw everything possible at them. They changed their decision, but it was hard work. They also allowed us without paying a second application fee.
They are concerned you have a stable relationship, so will need to show this.

Suggest:
1. You go with a "special purpose visa" the easiest to get. It will be duration of 3 months.
(we changed the application from a "partnership visa" to "special purpose" Made a big difference.
2. If you can show you or she has some property ownership, will make a HUGE difference.
3. If you can show a deposit in a bank account, in her name also a big help
(Once you have the visa you can withdraw the money) Ha Ha.
4. If you can prove you have lived together for X years, that is good as helps to show "stable relationship"
5. Produce any photos showing you together, with dates, and any letters you have written to each other.
6. Any letters you can produce. If she is Chinese, get parents to write, saying they believe you both will keep to the terms of the visa. Letters from any friends along those lines will help.

Well, those are all I can think at the moment. If you know of anyone in Government who could help, a letter from them will help. I actually wrote to the N.Z. Minister for Immigration ( who I didn't know, and he got onto my case) I "think" it made a big difference.

One of the problems you have is, you are running out of time, so far as Christmas is concerned. It will take at least a month.

Good Luck.
Do the above, and you should be successful.

John.
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Re: US Visa for my wife (I'm US Citizen)

Postby starblazer » Wed Nov 10, 2010 8:16 pm

Thanks so much for everyone's replies!

I believe that if I could be present and bring along with me all of the evidence (it's easy, I have tons of photos, including ones from a few years ago with my whole family and my wife when they visited China, plus my job is a Director level position at a Fortune 500 company.

But the problem is that as far as I can see, the US consulate only allows the applicant to interview (I'm not allowed in during the interview as far as I can see) and the rejection letter clearly states no appeals are allowed. How can I get the chance to plead our case? If I was given the opportunity to prove my case, I think it would be easy. But during the interview, they ask like 5 simple questions, make assumptions on the rest, and make their decision.

Anyone know how I can get the chance to make a more detailed case to the consulate?

Thanks!
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Re: US Visa for my wife (I'm US Citizen)

Postby phiota » Wed Nov 10, 2010 8:59 pm

This is one area where I think the US should allow the free market system to work (except for security or other special reasons for rejection). The should setup a travelers bond (say 100K USD) system where the person that wants to travel can thou a private "bond" company get a guarantee of return to their country of origin with the company setting the rates according to risk factors (job, money,...) or the person can put up this money themselves. With the US having such a high deficit this is a quick and risk free way of making easy money off of additional tourists (or relatives of US citizens).
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Re: US Visa for my wife (I'm US Citizen)

Postby monalisalee » Wed Nov 10, 2010 9:32 pm

It was the same for us. We could not be granted an interview, (except over the phone), and there was no right of appeal.
You, can however apply again, throw everything at them, and if granted you should have your 2nd application fee returned. :?: They have to treat your new application as just that.

Yes, it would be a good idea to have a bond system, but that may be in the future.

As over said, a bank deposit, "today" will be frozen. (I did this 4 years ago).
Suggest you arrange a deposit in wife's name, of say at least 100,000 rmb.
It is not a bond, but shows a damn good reason for returning.
No big deal, as you are only planning on two weeks away.

If you do not have the cash, borrow from one bank, using property as collateral, then make the deposit in another bank.
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Re: US Visa for my wife (I'm US Citizen)

Postby wo chi shi » Wed Nov 10, 2010 9:35 pm

strange...i dont know if you are very unlucky or i was lucky. but when my wife and i were married for just over 1 month she went for the visa interview and was approved in less than 10 minutes. she was never asked about her job or assets (btw she had no job and a few small assets), she was only asked when we met and at which place. she told him the info and offered a picture showing us together at the time and that was about it.....they never even checked her passport to see if she had been to any foreign countries.
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Re:

Postby News_by_KKO » Wed Nov 10, 2010 10:01 pm

h
Last edited by News_by_KKO on Sun Jan 01, 2012 2:17 am, edited 2 times in total.
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Re: US Visa for my wife (I'm US Citizen)

Postby p1atl10 » Wed Nov 10, 2010 10:31 pm

starblazer wrote:Thanks so much for everyone's replies!

I believe that if I could be present and bring along with me all of the evidence (it's easy, I have tons of photos, including ones from a few years ago with my whole family and my wife when they visited China, plus my job is a Director level position at a Fortune 500 company.

But the problem is that as far as I can see, the US consulate only allows the applicant to interview (I'm not allowed in during the interview as far as I can see) and the rejection letter clearly states no appeals are allowed. How can I get the chance to plead our case? If I was given the opportunity to prove my case, I think it would be easy. But during the interview, they ask like 5 simple questions, make assumptions on the rest, and make their decision.

Anyone know how I can get the chance to make a more detailed case to the consulate?

Thanks!


- You will have to re-apply and pay the fees again......
- Yes you are correct....you will not be allowed to join the interview.
- I am not sure what documentation you provided.....this may be what you already did. If so apologies.
Mrs P1ATL10 is Thai...and we went through similiar hassles while we were dating. She has since become a US Citizen, but when we were first together I was overseas and applying for Tourist Visa's for her to meet my family.

She had no assets of any substance in Thailand. I was living in Singapore at the time. (Also on staff for a fortune 500)
I provide documentation that showed she would return through a commutative process.
A=B, B=C, ergo A=C.

I established:
- We had a longterm relationship. I established by travel records, photographs, and testamonial letters from my collegues that we had been together as a committed couple for two years.
- My life was tied to Singapore. I would be returning to work at the conclusion of the visit. Letter from the HR department stating it was expected that I would be working in Singapore for an additional two years.

I also provided
- "Invitation/Good Guy" letters from my family.
- Airline itineraries showing return dates to Singapore for both of us.

You are married....that should help.
But establishing the permance of your relationship before the marriage, and your continued committment to China because of your employment ...may help.

Good Luck!!
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