Fiance in China! Need answers pleasse

[dscassid 0]

My fiance is in China and I live in the US. I want to bring her over to see my family this Christmas. Is it possible for her to attain a simple visitor visa and come to the US for that time and then return back to china and we continue the process as usual. I just wonder because there is a question on the form asking if she has ever been to the United States and if so when. The answer to this question would then change after my submission. I would hope the visa agency would be understanding. Any help would be amazing. please and thank you.

Also as she is chinese her name is JiaWen Xu, but while in Canada she always went by Karmilla, her adopted english name. This is not legalized but it is on all the paper work on any of our documents. Should i say on my form that this is a name she goes by and explain why this is why i refer to her Karmilla?

Thank you so much for your time, PLEASE HELP

Darren

[Ryan H 3,812]

She can apply for a visitor's visa, no guarantee it will be issued. The Embassy in Beijing or Consulate she chooses to apply at (doesn't matter which one you apply to for B1/B2) may have knowledge that you have applied for a K1 visa with her as beneficiary. She would need to show substantial ties to China, probably more than what is normally expected. Examples of ties are: letter from employer, lease or property ownership, family obligations, etc.

Also as she is chinese her name is JiaWen Xu, but while in Canada she always went by Karmilla, her adopted english name. This is not legalized but it is on all the paper work on any of our documents. Should i say on my form that this is a name she goes by and explain why this is why i refer to her Karmilla?

I'm a little confused; did you put her Chinese name where on the paperwork where it asked for her name and then her adopted English name in the "other names" section? Usually you would put her Chinese name in the name fields and not worry about the adopted English name since it was not legalized in any way. However, you would want to explain that she uses the English name in the event it appears on any correspondence that you would submit as evidence along with your petition.

Since she had not been to the US on the date of the I-129F, then it's a truthful answer. If she were to come between submission of the form and the interview, then she could explain the trip to the VO during the interview and show that it occurred after the I-129F was submitted.

Edited October 6, 2010 by Ryan H

[dscassid 0]

Hi Ryan, Yes that is what i was thinking. I will just explain i the section how we met in the last 2 years and explain she goes by karmilla. Will it be ok to mention us meeting in Canada. I have been living in Canada for going on 3 years to finish my university. I have duel citizenship, but i wonder if this will bring up concerns of residency in the US.. I have been back every summer however and my parents still live in NC... We will ofcourse live in the US but i'm doing everything from Canada.

Darren

[Ryan H 3,812]

It will be fine to mention that you met in Canada. The meeting in-person requirement is that you have met in-person at least once in the last two years, it does not matter where that meeting took place.

Since it's your intent to live in the US, you will probably want to put a US address on the form I-129F; the fact that you have duel citizenship is not relevant. You may want to have USCIS send material to your parents in NC and have them forward it to you in Canada. I don't really know how it would affect your petition if you received correspondence directly from USCIS at your Canadian address while you are attending university (perhaps others do).

Good luck to you both!

Edited October 6, 2010 by Ryan H