Guangzhou Denies Fiancee + Spousal Visas

May 14th, 2009 by admin | Filed under Uncategorized.

A group of Immigration attorneys who help prepare and submit Fiancee K-1 and Spousal K-3 visas are rallying together to complain and lobby against apparent procedural problems at the US visa section, Guangzhou China.  In reviewing their in-house data, and then combining this data across the different firms, they believe their statistics demonstrate that the Visa Section in Guangzhou is denying an abnormally high percentage of K-1 and K-3 petitions.

The attorneys assertion is that the visa officers in Guangzhou are over zealous in applying a higher standard than is official State Department policy. They believe this has resulted in Petitions which routinely would be approved at any other consulate, being unfairly denied in Guangzhou. Based on their own review of the denied cases, the attorneys have intuited the following list of extra-ordinary reasons they believe K petitions were denied in Guangzhou.

  • No English, No Visa.
  • One Visit, No Visa.
  • Marriage on First Visit, no Visa.
  • Very Large Age Different, No Visa.
  • Three or More marriages by Petitioner, No Visa.

These are the apparent “Red Flags” when applying for the Fiancee or Spousal visa in China.  It seems that these could also negatively influence the consideration of your petition in other countries as well. To “err” on the safe side, I would suggest to any couple to strengthen the appearance of their genuine relationship, by addressing some of the issues listed above.

  • Enroll the Fiancee in English School if her English is weak.
  • Take a second trip.  Enjoy a second or third visit, spend face to face time  together.

In the case of the denied petitions, true love finally won out. Each denied Fiancee couple, got married, in China, then applied again, this time for an IR1or CR1 visa, and after long delays, these were granted.

For further information about Fiancee or Spousal Visas visit FianceeVisaServices.com

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7 Responses to “Guangzhou Denies Fiancee + Spousal Visas”

  1. tony wilson | 28/01/10

    My fiancee will be processed through guangzhou after we finish establishing our petetion. Our concern is my previous marriages and my felony. she to has one divorce but I have four and my felony is from 1993 and have been single 17 years since my last divorce. I have made one visit to her and our relationship is real. How can we over come this? We are willing to marry and live in china if needed. Please any advise will be helpful thanks. Doing the petition by ourselves.

  2. admin | 29/01/10

    So far based upon what you have stated, you have multiple red flags. Felony conviction, multiple marriages, and only one visit. What would help is more ‘longevity’ and ‘quality’ in your relationship. You mentioned that you are willing to marry and live in China. Great idea. Move to China, marry, and live with your new wife for a year or more. Then apply for a spousal visa, and when granted then the both of you can move to the USA. Good luck.

  3. Michelle Tao Zhang | 29/04/10

    What is considered the “very large age difference”? My fiance and I are 13 years apart. He 32 and I’m 45? We have met and seen each other for more than 10 times during the past two years. Our relationship is real. Thanks.

  4. admin | 29/04/10

    That is a good question. Sorry, there is no simple calculation to answer it. The answer varies depending upon what culture and country you are in.

    Each US consulate hires local staff, who are knowledgeable of the local culture. These local experts are asked to decide what appears to be “culturally normal” and what is not. When they feel that your relationship is outside the normal range, your petition will attract extra scrutiny.

    Recall what the reaction of your friends and family were when you first told them about your new boy friend and of the age difference. What do you think was going through their minds? Were they thinking “perfect, lucky you”, “that is a good match”, “ok”, “maybe it will work”, “that is odd”, “surprised”, “amazed, or “shocked”. The local consular officers will probably feel the same way.

    Good luck with your petition.

  5. A.C. | 14/08/10

    This thread is old, but I hope someone can answer my question…

    I want to take my fiance to America with me to visit my country and meet my friends. I say “take” because I have been living in China for the last 3 years (I met my fiance here 2 years ago in person, not online or anything) and plan to live here for more or less the rest of my life. However, I still have a lot of ties to America, and I would like to show my fiance my country the way she has shown me hers.

    We DO NOT want to live in America. My fiance DOES NOT want to become a US citizen.

    All we want is just to be able to visit America. We tried for the Visitor visa, but were denied because the officer thought we were trying to go to America to marry and live.

    I would like to get the fiance visa (K1), but it seems like with that you MUST marry and live in America. Again, we DO NOT want that.

    So what can we do? Any advice would be appreciated.

  6. A.C. | 14/08/10

    Some more info about my situation:

    I’m 29, she’s 26.

    She started staying at my apartment after we’d known each other for about 4 months, then she “moved in”. We have since moved to a larger apartment together.

    This is more or less the normal Hollywood romance situation, we met at our jobs, we were friends first, then started dating, then started spending almost all our time together, and now we are engaged to be marry. It would be no problem at all to prove our genuine relationship. My mother has even come to China to meet her (with photo proof).

    I just want to take her to America to visit. How can I do it?

    Thanks!

  7. admin | 14/08/10

    As live-in lovers, your situation doe not have any standing with immigration.

    The question is: if you have been living with the girl for 3 years, why are you not married? Their assumption that maybe you wanted to bring her to American and finally marry there is logical. As reflected by the visa denial.

    If you are serious about marriage, and about visiting the USA together, your best approach would be to marry in China. Then a long time after, when it is firmly established that even after marriage you still remain in China, then at that time try for another visitor visa.

    To be granted the visa, US immigration must be convinced that your wife is not planning to try to remain permanently in the US once she arrives here.

    The US government will gladly issue tourist visas to Chinese who are well off, and can demonstrate they have strong ties to China, like great jobs, or real estate. Basically to people that immigration is confident will only visit for a while, then return right back to where they came from.

    As you are a US citizen, and you are the one to accompany your wife, I suggest you prepare a letter to be attached to the application that explains the situation and what your plans are.

    In your letter you should explain:

    How long you have been resident in China.

    Your intention to continue to remain indefinitely, permanently in China with your wife.

    Confirm that you understand the requirement for, and will DEFINITELY apply via normal official channels for a spousal visa, if immigration to the USA becomes the plan later.

    Confirm you just would like to have a short visit in the USA, to visit family and would like your wife to accompany you.

    If you have both names on a lease, I would attach that document

    If you have a permanent residence visa to China, I would include proof of that as well.

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