Is there any chance a visitor's visa will be approved while waiting???

[unsmiley 111]

We have been in AP for over six months. My wife has the summer off from work, and I thought we were going to be approved and together by now.

I know it is said that chances for approval for a visitor's or tourist visa are basically nil after one applies for an immigrant visa. Is it a waste of time to apply? My wife says not only is it a waste of time (among other things), but that a "black mark" of a rejected visa will make it harder to get visitor's visas to other countries. Is this generally true?

[Hypnos 6,576]

Is it possible? Yes. Is it likely? No. It's not zero, but it's pretty damn close to it.

It won't have any effect on anything else (unless you lie on the application), but unless you feel like giving the US federal government a free $200 or however much it is, then it's probably as close a waste of time and money as you will get in this process. But hey, maybe you'd be one of the lucky ones.

[unsmiley 111]

Is it possible? Yes. Is it likely? No. It's not zero, but it's pretty damn close to it.

It won't have any effect on anything else (unless you lie on the application), but unless you feel like giving the US federal government a free $200 or however much it is, then it's probably as close a waste of time and money as you will get in this process. But hey, maybe you'd be one of the lucky ones.

OK, thanks for the input, but what about my second concern? Does getting rejected for a visitor's visa by the US affect one's chances of getting a visitor's visa to another country later on?

[Hypnos 6,576]

No.

[wewhosee 0]

hey, just curious, what was your case about? why have you been in AP for over six months?? that's absolutely crazy! did you guys apply for a waiver or something?

[unsmiley 111]

hey, just curious, what was your case about? why have you been in AP for over six months?? that's absolutely crazy! did you guys apply for a waiver or something?

Not completely sure, as they do not tell you $hit. We did not apply for any type of waiver.

[wewhosee 0]

Not completely sure, as they do not tell you $hit. We did not apply for any type of waiver.

that is so messed up, ugh..very frustrating.

[wewhosee 0]

you should try and contact the consulate, or file an inqury(spelling).

[Simeon 25]

We have been in AP for over six months. My wife has the summer off from work, and I thought we were going to be approved and together by now.

AP is an awful place to be. The wife and I were in it for 24 months. It's very easy to tell yourself that it will end the next month, and then the next month after that... If you do not have a good immigration attorney, you need to find one ASAP and find out what the "$hit" is wrong with your case. As an example, the consulate never told us outright, but they denied our K-1 visa because of INA212(A)(3)(d), my wife was part of the communist party and did not have a qualifying relationship (ie. marriage) to consider a waiver (iv).

[unsmiley 111]

AP is an awful place to be. The wife and I were in it for 24 months. It's very easy to tell yourself that it will end the next month, and then the next month after that... If you do not have a good immigration attorney, you need to find one ASAP and find out what the "$hit" is wrong with your case. As an example, the consulate never told us outright, but they denied our K-1 visa because of INA212(A)(3)(d), my wife was part of the communist party and did not have a qualifying relationship (ie. marriage) to consider a waiver (iv).

What can an immigration attorney really do in this case, other than charge exorbitant fees? The consulate answers all requests with form letters, including inquiries by my US congresswoman on my behalf. I seriously doubt a attorney can get a straight answer from those at GZO. And I can stay more on top of my case than any lawyer.

By the way, was your attorney a US or Chinese lawyer? What are the benefits and downsides to each?

[Simeon 25]

What can an immigration attorney really do in this case, other than charge exorbitant fees?

Lawyers can do a lot, actually. But they are only necessary when:

* the case process is complicated (e.g. my wife's issue with the communist party status)

* your case is "stuck" (e.g. my friend paid a lawyer $10K to move his wife's case past a difficulty with a criminal history)

* a case is stalled for an unknown reason (and the lawyer's experience can help elucidate that reason)

You don't need a retainer, just a consultation. Not all fees are exorbitant, although some are. You just need to look. Of course, the choice is yours.

By the way, was your attorney a US or Chinese lawyer? What are the benefits and downsides to each?

I'm not sure what you mean by Chinese lawyer. You would need a lawyer familiar with US law, as lawyers practicing Chinese law have no experience with the US immigration system.

[unsmiley 111]

I'm not sure what you mean by Chinese lawyer. You would need a lawyer familiar with US law, as lawyers practicing Chinese law have no experience with the US immigration system.

I meant China-based or US-based attorney (I think one would hire a US-based attorney, but wanted to make sure).

What kind of help can they give with CCP issues? I was under the understanding that the embassy goes through its processes and background checks, and there is nothing to do to speed up this often lengthy process. Am I wrong or missing something?

[Simeon 25]

What kind of help can they give with CCP issues? I was under the understanding that the embassy goes through its processes and background checks, and there is nothing to do to speed up this often lengthy process. Am I wrong or missing something?

Well, knowing that there is an issue with the CCP status in the first place would've helped us a lot. (What I wouldn't give to go back in time...) You can prepare a better strategy, if you know the rules of the game. Sometimes, that takes someone with more experience in complicated cases.

As for the processes and background checks, you're stuck with the consulate's indefinite response of "wait". They have ultimate power. I went as far as to meet the Chengdu Consul General in person in Sichuan province to see if he could help (we were connected by another friend of mine, a former consul general of another country). He could not for GZ. I read somewhere that the US Consulate has been sued for taking too long (e.g. 2 years) and the plaintiff lost the case. I'd Google it, but because of the big T incident, the Great Firewall is blocking all search. So, don't hold your breath: the consulate doesn't care if your case sits on a dusty shelf for years. Don't depend on them to just tell you what's wrong with your case. They won't.

[unsmiley 111]

Well, knowing that there is an issue with the CCP status in the first place would've helped us a lot. (What I wouldn't give to go back in time...) You can prepare a better strategy, if you know the rules of the game. Sometimes, that takes someone with more experience in complicated cases.

As for the processes and background checks, you're stuck with the consulate's indefinite response of "wait". They have ultimate power. I went as far as to meet the Chengdu Consul General in person in Sichuan province to see if he could help (we were connected by another friend of mine, a former consul general of another country). He could not for GZ. I read somewhere that the US Consulate has been sued for taking too long (e.g. 2 years) and the plaintiff lost the case. I'd Google it, but because of the big T incident, the Great Firewall is blocking all search. So, don't hold your breath: the consulate doesn't care if your case sits on a dusty shelf for years. Don't depend on them to just tell you what's wrong with your case. They won't.

Fortunately this seems moot now. Just got the request for her passport and medical and police clearances, and I am trying to figure out the extremely complicated submission instructions.

[wewhosee 0]

 

Fortunately this seems moot now. Just got the request for her passport and medical and police clearances, and I am trying to figure out the extremely complicated submission instructions.

hey! that's good news, your case is going into the final steps! i had to submit the same documents 2 weeks ago, but i had help from my lawyer, let me know if you need any help!