DCF for Travel and Future intent to Live?

[gooldenwending 0]

I've searched the forums and haven't found a definitive answer for what it is I'm looking for. My wife and I were married in China and now also have a 5 month old son. We have not been to America since our marriage as both my wife and I work here. With the coming of the son, we would like to be able to return to the States to allow my son to have some time in my home country and to visit relatives and friends.

Now, here are the questions:

1. Is it possible for the spouse of an American citizen to get a tourist visa (B visa, yes?)? Even more pertinent, is it possible (or likely) for a 24 year old Chinese girl, married to an American, to get one? I know that it's difficult for Chinese to get tourist visas generally, and I've also heard that these kinds of visas are pretty much always denied as "intent to immigrate". Is this, in fact, the case?

2. If it is not possible to do number one, above, is it then possible to file for a DCF, let my wife come to America that way, and then return to China to work? If we do have a real intent of returning to America at some time, is this in any way possible? Is there some kind of form or petition that can be filed? If she were to fly back and stay every six months for a couple of weeks would that be an option? Would it help if we purchased a residence in both our names and had joint accounts, etc.?

3. Are there any other ways in which it would be possible for us to go to America without an intent to live there permanently at this time, but with an intent to reside there in the future?

[Dakine 26]

I've searched the forums and haven't found a definitive answer for what it is I'm looking for. My wife and I were married in China and now also have a 5 month old son. We have not been to America since our marriage as both my wife and I work here. With the coming of the son, we would like to be able to return to the States to allow my son to have some time in my home country and to visit relatives and friends.

Now, here are the questions:

1. Is it possible for the spouse of an American citizen to get a tourist visa (B visa, yes?)? Even more pertinent, is it possible (or likely) for a 24 year old Chinese girl, married to an American, to get one? I know that it's difficult for Chinese to get tourist visas generally, and I've also heard that these kinds of visas are pretty much always denied as "intent to immigrate". Is this, in fact, the case?

2. If it is not possible to do number one, above, is it then possible to file for a DCF, let my wife come to America that way, and then return to China to work? If we do have a real intent of returning to America at some time, is this in any way possible? Is there some kind of form or petition that can be filed? If she were to fly back and stay every six months for a couple of weeks would that be an option? Would it help if we purchased a residence in both our names and had joint accounts, etc.?

3. Are there any other ways in which it would be possible for us to go to America without an intent to live there permanently at this time, but with an intent to reside there in the future?

Did you guys do a DCF and get a US passport for your kid yet?

Edited December 12, 2008 by Haole

[kaffy 2]

By "future intent to live", how soon in the future do you mean? one year? a couple of years?

DCF is intended for immigration purposes. Once the visa is granted your wife will have 6 months to enter the US to 'activate' it and once she does that in order to maintain her permanent residence status she will have to reside in the US. That's not to say she can't travel back to China but the US must remain her primary residence.. otherwise her PR could be revoked and you've essentially wasted yourself a lot of time and money.

If your intent is for your family to travel to the States for a short stay, I would suggest you try and obtain a tourist visa for her. It may be difficult but I'm sure it's not impossible. As long as you find out what the requirements are and fulfill them I don't see why they would deny her.

Wait until you are ready with clear plans of returning to the US before you file DCF

Did you guys do a DCF and get a US passport for your kid yet?

Do you mean CBRA? consular report of birth abroad or something

Edited December 12, 2008 by kaffy

[Dakine 26]

By "future intent to live", how soon in the future do you mean? one year? a couple of years?

DCF is intended for immigration purposes. Once the visa is granted your wife will have 6 months to enter the US to 'activate' it and once she does that in order to maintain her permanent residence status she will have to reside in the US. That's not to say she can't travel back to China but the US must remain her primary residence.. otherwise her PR could be revoked and you've essentially wasted yourself a lot of time and money.

If your intent is for your family to travel to the States for a short stay, I would suggest you try and obtain a tourist visa for her. It may be difficult but I'm sure it's not impossible. As long as you find out what the requirements are and fulfill them I don't see why they would deny her.

Wait until you are ready with clear plans of returning to the US before you file DCF

Did you guys do a DCF and get a US passport for your kid yet?

Do you mean CBRA? consular report of birth abroad or something

Yeah CRBA.

[gooldenwending 0]

Yes, I've reported the birth and gotten a US passport for our son. They say they will be mailing a social security card to my address in the US.

Back to the other questions. By future intent to live I mean about 4-5 years from now. It looks like the tourist visa is the only real option. From everything I've heard with the situation in China it's probably going to be a denial. There are long threads on sites for Westerners in China about this.

Bum deal. There's no other way to come to America for a spouse?

[MargotDarko 0]

There is unfortunately no other option for your wife to just visit the US for a while without plans to reside in the US at that time.

It would be very difficult, and also not the intended use, to obtain and hold on to a green card for her before you have decided to actually move to the states. I hope at least some of your family to able to visit you both in China.

[Chica Yeyé 41]

No it is not possible. DCF , which results on an immigrant visa; is intended to LIVE in the US. If she goes back to work in China, she looses her permanent resident status. That's why it' called PERMANENT residence.

[pushbrk 12,109]

I've searched the forums and haven't found a definitive answer for what it is I'm looking for. My wife and I were married in China and now also have a 5 month old son. We have not been to America since our marriage as both my wife and I work here. With the coming of the son, we would like to be able to return to the States to allow my son to have some time in my home country and to visit relatives and friends.

Now, here are the questions:

1. Is it possible for the spouse of an American citizen to get a tourist visa (B visa, yes?)? Even more pertinent, is it possible (or likely) for a 24 year old Chinese girl, married to an American, to get one? I know that it's difficult for Chinese to get tourist visas generally, and I've also heard that these kinds of visas are pretty much always denied as "intent to immigrate". Is this, in fact, the case?

2. If it is not possible to do number one, above, is it then possible to file for a DCF, let my wife come to America that way, and then return to China to work? If we do have a real intent of returning to America at some time, is this in any way possible? Is there some kind of form or petition that can be filed? If she were to fly back and stay every six months for a couple of weeks would that be an option? Would it help if we purchased a residence in both our names and had joint accounts, etc.?

3. Are there any other ways in which it would be possible for us to go to America without an intent to live there permanently at this time, but with an intent to reside there in the future?

I think a tourist visa is worth a shot. Owning a home together in China would help as well as showing evidence you intend to return to your jobs. You can use a cover letter explaining the situation and your plans to immigrate later. The B2 visa is your only viable option for the plan you lay out.

[Completely 3]

Yes, I've reported the birth and gotten a US passport for our son. They say they will be mailing a social security card to my address in the US.

Back to the other questions. By future intent to live I mean about 4-5 years from now. It looks like the tourist visa is the only real option. From everything I've heard with the situation in China it's probably going to be a denial. There are long threads on sites for Westerners in China about this.

Bum deal. There's no other way to come to America for a spouse?

Hi,

This is what I have found in US Embassy website in China.. IF I were you, I will call them and check if you can direct consular filing for Petition for Alien Spouse or CR1 Visa,

http://beijing.usembassy-china.org.cn/acs_married.html

"APPLYING FOR AN IMMIGRANT VISA FOR YOUR SPOUSE

After the marriage, the U.S. citizen spouse may file an immigrant visa petition on behalf of his or her non-U.S. citizen spouse. U.S. citizens who reside in China may file immigrant visa petitions on behalf of immediate relatives at the Citizenship and Immigration Services Office (USCIS), which can be contacted at (8610) 8531-3111(phone) and (8610) 8531-3100(fax). "

You can always try to file a Petition for your wife, as there is a valid reason for her to become a resident and it will be easier to get approve as you both have a son already. If the petition for CR1 VISA will get approve and they issued her a visa, she need to enter the US within 6 months. She does not have to stay in the US, she just need to make sure that she receive her greencard first prior of coming back to China.. You can ask the embassy if she can submit an application for SSN on the Petition so it will kill 2 birds in one stone.. Once you are there, and she fix her SSN and received her greencard, you can both apply a joint account, this will help a lot to her future immigration application

Now, being a permanent resident of the US, she needs to meet the physical requirement.. Meaning, she have to go back every 10-11 months at least to the US and stay there even for a week. She can also apply for a Authotization to travel before leaving US - the validity of this is 2years.. so you dont have to go back yearly.

Another option that I want to input here, is if you are working overseas (for example China) for a US company that engages in a US Trade, check later to see if she qualifies to apply citizenship under Article 319 b, this will waive all the physical presence of permanent resident in applying for citizenship.

Check my timelines, and this will explains to you a lot..if you have questions pm me.

Edited December 14, 2008 by Completely

[Completely 3]

No it is not possible. DCF , which results on an immigrant visa; is intended to LIVE in the US. If she goes back to work in China, she looses her permanent resident status. That's why it' called PERMANENT residence.

She will not lose her permanent residency provided that she will come back to the US every 10 months.

I never lived in the US as we both work in the Middle East, and I came back to the US every 10 months before I got naturalized.

Best is to check the nearest US embassy in your area as to where you can file the petition.

Edited December 14, 2008 by Completely

[MargotDarko 0]

What Completely describes is possible but definitely not the intent of the CR1 visa or green card. Also, one of only two questions we were asked at the interview was whether we intended to live in the US. The OP could not honestly say "Yes" if they were asked the same question.

[pushbrk 12,109]

No it is not possible. DCF , which results on an immigrant visa; is intended to LIVE in the US. If she goes back to work in China, she looses her permanent resident status. That's why it' called PERMANENT residence.

She will not lose her permanent residency provided that she will come back to the US every 10 months.

I never lived in the US as we both work in the Middle East, and I came back to the US every 10 months before I got naturalized.

Best is to check the nearest US embassy in your area as to where you can file the petition.

She may and she may not. A CBP officer can turn her back if they decide to. The scenario described does not qualify as "permanent residence". As I told you earlier in this thread or another recently, I spoke to a CBP Stations Chief about this directly the gist of which was, you might get away with this once or twice but not long term. You also may not get away with it once.