We just want to visit the US

[Bedhead 0]

My wife and I have a situation that seems to be so unusual that it has never occurred to anyone at the INS as a possibility... At least, it's impossible to get any concrete information.

We live in China. We want to continue living in China for the next year and a half or more. But we want to visit my family this Christmas. That is, we want to go to the US for a week or two, then return to our lives and jobs in China.

Can my wife simply renew her Tourist visa? Will she be allowed in the US on her Tourist visa? If she can't enter on her Tourist visa, what visa is appropriate?

I can't get any response from anybody here in China, and I can't even find any information here on Visa Journey. I wouldn't think this was such an unusual situation, considering how many US expats there are in the world, but I guess it is.

Thanks so much for your help!!! It's very frustrating trying to get some reliable information about this.

[Penguin_ie 5,984]

Yes, a tourist visa is the appropriate visa for your wife. As she had one before, chances are good she'll get one again, but you will need to prove that she has strong ties to China and will return. If you can proof that you have ties too (job in China to return to etc), that might help also, as having a USA husband might count against her.

[canadian_wife 1,785]

I assume you are a US citizen? What you may also want to provide is YOUR ties to China as well, to show that you both will need to return. Your jobs are excellent, as well as lease/mortgages, utility bills, bank accounts, etc.

Was she married to you when she first applied for a tourist visa?

Good luck

[Bedhead 0]

Thank you.

Yes, I am a US citizen. My wife has been to the US 3 times (was not married to me the first time she visited), lived in England for 2 years, and has traveled abroad extensively, including countries like Japan and Singapore that are considered "Western." So she has a good track record of returning! I think she can just renew her current US visa, which expires this summer.

My biggest fear is of her being stopped at immigration in the airport in the US and then sent back for not entering on the correct visa type. Hopefully we can address all this in China before she gets a new Tourist visa. As you know, it's very confusing.

[canadian_wife 1,785]

Please understand that an issuance of a tourist visa does not guarentee entrance into the US. She should bring ties to China when traveling to the US as well as when renewing her tourist visa

Good luck.

[JimVaPhuong 4,863]

Thank you.

Yes, I am a US citizen. My wife has been to the US 3 times (was not married to me the first time she visited), lived in England for 2 years, and has traveled abroad extensively, including countries like Japan and Singapore that are considered "Western." So she has a good track record of returning! I think she can just renew her current US visa, which expires this summer.

My biggest fear is of her being stopped at immigration in the airport in the US and then sent back for not entering on the correct visa type. Hopefully we can address all this in China before she gets a new Tourist visa. As you know, it's very confusing.

Actually, it's not confusing at all. A B2 "visitor's visa" (often called a "tourist visa") is the appropriate type of visa to use.

It is possible she'll be stopped at immigration and sent back, as you describe, but not for using the wrong type of visa. If she is sent back it will be because the CBP officer suspects she'll use her non-immigrant visa to immigrate to the US. She is the spouse of a US citizen, which means she is eligible to apply for a green card the moment she steps on US soil. Applying for a green card would not be illegal, but entering the US with a non-immigrant entry pass with the intention of immigrating is illegal. For this reason, a determination must be made by the CBP when she enters whether she may intend to immigrate. If they conclude that she does, then they'll put her on a plane back to China.

This is why you need to present strong evidence that she is compelled to return to China after her visit, and NOT stay and apply for a green card. Since you're traveling with her, the chances of her staying will appear to be even stronger, which is why you should also have evidence to prove that you will also be returning to China.

[Darnell 8,478]

My biggest fear is of her being stopped at immigration in the airport in the US and then sent back for not entering on the correct visa type

This won't happen, IIF she has a B-2 visa in her passport.

'correct visa type' ? I'm sorry - this is wonky.

I can understand yer fear, though - you betcha - I was in similar situation in a prior life, but that lass was gold-collar worker, came and went as she pleased, getting visa never any issue for her - as she was able to show strong ties to China each and every time.

I am certain that the prior visas will be signficant in any ConOff's evaluation of a new 'tourist visa' for her.

Also - IMO - there is no such thing as 'renew a tourist visa' - you have to apply, each and every time. A Tourist Visa has a duration to it, within that duration one can enter the USA several times (usually).

All the other things said here, above, about showing strong ties to China, is spot on, absolutely correct - the ConOff, by law, must presume (no, you can't change his mind) that the applicant has immigrant intent - so it's up to the applicant to prove otherwise, with EVIDENCE of strong ties to China .

If you STUDY the tourist visa sections on the 3 US Consulate/Embassy WebSites for China (ya, there are more than that, but only 3 present 'that list' in detail) - you'll discover a list of things that one can present as EVIDENCE. If , after some time, you can't FIND that stuff - hey - let me know - I'd be happy to put the links here.

Edited May 2, 2010 by Darnell

[JimVaPhuong 4,863]

My biggest fear is of her being stopped at immigration in the airport in the US and then sent back for not entering on the correct visa type

This won't happen, IIF she has a B-2 visa in her passport.

This blanket statement is not always correct. CBP has the final authority to determine if someone is permitted to enter the US, regardless of whether or not they have a valid visa. From CBP's website:

"Issuance of a visa does not guarantee entry to the United States. A visa simply indicates that a U.S. consular officer at an American embassy or consulate has reviewed the application and that officer has determined that the individual is eligible to enter the country for a specific purpose. The CBP Officer at the port-of-entry will conduct an inspection to determine if the individual is eligible for admission under U.S. immigration law."

http://www.cbp.gov/xp/cgov/travel/id_visa/study_exchange/difference_visa_adrecord.xml

[GabiandVi 34]

My husband and I were living in China the first time he came to the US. He came on a tourist visa issued to him in his country (not China) AFTER we were married. He travelled on that visa a second time, entering the US on his own to join me while I was home on maternity leave.

He was never hassled by passport control. The first time we were pulled aside to a special room for a few minutes. They asked him one or two questions, and we were sent on our way.

The second time, he was hassled by customs inspectors because he had packed, per my request, a small suitcase inside a larger empty suitcase. This seemed very suspicious to them, as I can understand, though I can't imagine what nefarious purpose a person could have entering the US this way. I just wanted to make sure we had enough room to bring back all the baby gear.

They let me go with him in the non-Citizen line that first time when we were traveling together. You should probably make sure you do that.

[Darnell 8,478]

hey Bedhead - any news ?

[endoftheroad 1]

We also want to visit, but just for my son's graduation. However we have little money, no longterm lease, but at least we have steady jobs. I think we are just going to send him a ticket to China.