Tourist visa with intent to marry.

[stebbinsd]

Suppose, for a minute, that an American citizen is unable to go and see a foreign fiancee due to situations beyond his control.

For example, if the foreign fiancee is in China, and the American has autism. China flat-out states that no one is allowed a Chinese tourist visa if they have some kind of mental disorder, even though Autism is not a major one that could potentially cause problems.

This forces the Chinese fiancee to come see the American fiancee, rather than the other way around.

However, the allusive tourist visa, in this case, is darn-near IMPOSSIBLE to get because there is a pre-meditated intent to marry.

But, as long as the Chinese person pledges to not actually marry the American while on the tourist visa, and return to China, as expected, with the intent of applying for a fiancee visa to make it count.

Or, if they DO get married, but the Chinese person still returns to China after the marriage takes place, so that they can get a spousal visa, to make it count,

Then what's the problem? Sure, they're planning to settle in America...

...eventually...

...But as long as the Chinese person does, indeed, honor her promise to return home on the temporary visa, then why the hell not? I mean, she'll go back to China!

If she makes that promise, and then, overstays her visa, then, by all means, deport her! I don't think they would object, since they did, indeed, overstay their visa.

Instead of using it as grounds to deny their visa, altogether, they should instead appreciate the tourist's honesty, and recognize that this is the only way they can ever be together at all, and they are willing to split up after their first union if it means the possibility of getting to be together, for good, in the future.

Why is that such a problem?

 

[Triple Citizen]

They can meet in any third country too!!!

This forces the Chinese fiancee to come see the American fiancee, rather than the other way around.

 

[stebbinsd]

That still doesn't get to the very core of the question: Why does the American embassy suspect that the foreign national will overstay their tourist visa if they make it clear what their true intentions are, and promise under penalty of perjury to abide by those intentions with the best of their ability?

Honestly, sure, simply wanting to "get away form it all," there's some bona fide risk of illegal immigration.

But, if they just want to see someone so that they can meet the "must meet in person within the last two years" requirement, what's the big deal?

 

[Triple Citizen]

Actually US consuls do not have a choice in this matter. By INA regulations they HAVE to assume every visitor is an immigrant until proven otherwise.

That still doesn't get to the very core of the question: Why does the American embassy suspect that the foreign national will overstay their tourist visa if they make it clear what their true intentions are, and promise under penalty of perjury to abide by those intentions with the best of their ability?

 

[Concerned4us]

I am concerned for the USC. The severity of autism varies; however, if an individual is so incapacitated as to be excluded from the home country of his prospective spouse, it certainly appears that the marriage is a sham for an immigration benefit.

This is certainly possible since the question appears to be posed by someone other than the prospective husband.

 

[stebbinsd]

Actually US consuls do not have a choice in this matter. By INA regulations they HAVE to assume every visitor is an immigrant until proven otherwise.

No, but Congress does!

Couldn't Congress give them permission to understand such unique circumstances, and accommodate for them?

I am concerned for the USC. The severity of autism varies; however, if an individual is so incapacitated as to be excluded from the home country of his prospective spouse, it certainly appears that the marriage is a sham for an immigration benefit.

China's immigration policy is hard-coded.

When they ask "Do you have any communicatable diseases and/or mental disorders," and you answer "yes," it doesn't matter if it's mild Dyslexia; you are instantly denied.

This is certainly possible since the question appears to be posed by someone other than the prospective husband.

At one time, I was in that situation before we broke up.

 

[Triple Citizen]

Best of luck!!!

Couldn't Congress give them permission to understand such unique circumstances, and accommodate for them?

 

[stebbinsd]

Best of luck!!!

Oh yes, I'm well aware of that, genius.

I'm just asking, why do they not already have this in place, in the first place?

 

[Triple Citizen]

One guess, it is open to abuse.

I'm just asking, why do they not already have this in place, in the first place?

 

[stebbinsd]

Is it really any more open to abuse than a regular K1 visa?

The tourist visa, at this point, would merely be a formality for the K1 visa.

 

[wiliamjoan]

I marrying my other half in January and due to the situation on how we meet via the web we obvious could of not lived together for 12months but obvious we had meet each other and with in 8 months of being together we had lodged are application for me to move to oz . depending of the substitution.