What visa?

[0utside 0]

I am a US citizen currently residing in Canada as a permanent resident.

I recently married a citizen of China, currently residing in Canada as a temporary resident.

We were married in Canada earlier this year.

We have no plans to move to the US at the present time.

We do, however, want to travel to the US periodically to visit family.

Prior to our marriage, she was denied a tourist visa due to insufficient ties to her home country.

It doesn't make sense to me to apply for a CR-1 since we do not intend to move to the US.

Same for a K-3 visa.

So what visa do we apply for this purpose?

Thank you.

[Harsh_77 716]

I would say just go for the tourist visa again, this time you can show you guys are married settled in CA, you have job in CA I am guess she has a job in CA.

Which should show that you have enough ties to come back, you will have to prove that she will not try to attempt to do AOS based on your marriage once she is allowed in US.

[redtapenightmare 3]

I am a US citizen currently residing in Canada as a permanent resident.

I recently married a citizen of China, currently residing in Canada as a temporary resident.

We were married in Canada earlier this year.

We have no plans to move to the US at the present time.

We do, however, want to travel to the US periodically to visit family.

Prior to our marriage, she was denied a tourist visa due to insufficient ties to her home country.

It doesn't make sense to me to apply for a CR-1 since we do not intend to move to the US.

Same for a K-3 visa.

So what visa do we apply for this purpose?

Thank you.

That's a tricky one. It is difficult for spouses of US citizens to get tourist visas-- they post it right up on the DoS website. But I don't see any other type of visa that would work for her... Make sure that she applies showing ties to her place of residence (Canada), not home country (China). Also, include evidence of YOUR ties to Canada, as it is indirectly evidence that she will return to Canada.

[0utside 0]

That's a tricky one. It is difficult for spouses of US citizens to get tourist visas-- they post it right up on the DoS website. But I don't see any other type of visa that would work for her... Make sure that she applies showing ties to her place of residence (Canada), not home country (China). Also, include evidence of YOUR ties to Canada, as it is indirectly evidence that she will return to Canada.

She was previously unsuccessful in using her Canadian temporary work permit to indicate established ties to Canada. She recently completed Ph.D. studies in Canada and has only worked for a few months at her current job. We are tempted to apply for a K-3. This would at least give us 2 years of entry for her. I also understand that I can't even apply for a CR-1 as I am not currently a resident of the US. Would my Canadian residency also disqualify me from sponsoring her K-3?

I now wonder if our options will be any difference once she becomes a permanent resident of Canada.

Edited June 27, 2011 by 0utside

[redtapenightmare 3]

She was previously unsuccessful in using her Canadian temporary work permit to indicate established ties to Canada. She recently completed Ph.D. studies in Canada and has only worked for a few months at her current job. We are tempted to apply for a K-3. This would at least give us 2 years of entry for her. I also understand that I can't even apply for a CR-1 as I am not currently a resident of the US. Would my Canadian residency also disqualify me from sponsoring her K-3?

I now wonder if our options will be any difference once she becomes a permanent resident of Canada.

The K-3 is useless. It was created only to ease a backlog problem in 2001 (not 100% sure on the year). In order to file the K-3, you first have to present the I-130/CR-1 docs. As soon as the I-130 gets accepted, the K-3 that you petitioned for becomes null and void as the 'need' isn't there anymore. This info isn't on USCIS website, it is on State Dept Website.

To apply for the CR-1/I-130, you have to establish domicile. If you vote, pay taxes or rent an apartment- you're domiciled, to the best of my knowledge.

Your best bet is applying 'together' for the tourist visa. I would submit all of the same documents that are required for her-- for you too (i.e. YOUR proof of employment, leases, property ownership docs, letters from your rabbi-- she's not going to overstay her us visa if you are rooted in Canada.

[Done--Really 331]

Once she is a permanent resident of Canada, is it not true that she can travel back and forth to the US without a visa??

[redtapenightmare 3]

Also, if you do not have a source of income that is 125% of poverty level and will continue FROM THE SAME SOURCE after immigrating to the US, you can't apply for the CR-1 or K-3 (exception is if you get a sponsor or have a lot of liquid assets in the bank).

If she can't get a tourist visa, maybe she can get a Canadian passport- she can come and go freely with a Canadian passport.

[Harsh_77 716]

Also, if you do not have a source of income that is 125% of poverty level and will continue FROM THE SAME SOURCE after immigrating to the US, you can't apply for the CR-1 or K-3 (exception is if you get a sponsor or have a lot of liquid assets in the bank).

If she can't get a tourist visa, maybe she can get a Canadian passport- she can come and go freely with a Canadian passport.

Guys before responding the questions, on wht basis does she qualify for the CA passport? Her husband is not a CA citizen.

[Done--Really 331]

Yup--I just figured that out !!! Permanent resident does not give her a passport just like green card here doesn't mean someone can get a US passport.

[redtapenightmare 3]

Guys before responding the questions, on wht basis does she qualify for the CA passport? Her husband is not a CA citizen.

I wasn't pretending to be the authority on Canadian passports. I know that Canada has more flexible immigration laws, and that it is easy to come and go on a Canadian passport. Maybe there is some avenue for her to get one.

[0utside 0]

I wasn't pretending to be the authority on Canadian passports. I know that Canada has more flexible immigration laws, and that it is easy to come and go on a Canadian passport. Maybe there is some avenue for her to get one.

I think the suggestion was that she may qualify for entry into the US with her Chinese passport with a permanent residency card from Canada. According to http://travel.state.gov/visa/temp/without/without_1260.html, she needs a tourist visa in her case.

She will not qualify for Canadian passport until she obtains Canadian citizenship in 2 or 3 years.

Edited June 27, 2011 by 0utside

[0utside 0]

Your best bet is applying 'together' for the tourist visa. I would submit all of the same documents that are required for her-- for you too (i.e. YOUR proof of employment, leases, property ownership docs, letters from your rabbi-- she's not going to overstay her us visa if you are rooted in Canada.

I'm almost certain I cannot apply for a tourist visa since I am a US Citizen.

Edited June 27, 2011 by 0utside

[Done--Really 331]

That's for sure !! No tourist visa for you.

[Darnell 8,478]

Canada is a nice place, perhaps anyone you wish to visit in USA can come to you, instead? (just saying)

[0utside 0]

Canada is a nice place, perhaps anyone you wish to visit in USA can come to you, instead? (just saying)

Yes. We both absolutely love Canada and have no desire to leave.

We have some relatives coming up here from time to time. Very strange a country with a claim as a free, open, democratic society does not have a procedure for us to allow her to enter.

The terrorists won.