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  1. #1

    Default Visitor Visa for Spouse of a U.S. Citizen (No Intent on Immigration)

    I am a US citizen, and I met my long-time girlfriend while she studied in the US. She is now back in China and we plan to get married. We plan to marry while she is here on a visitor visa and have her return to the China before her visa expires. (As far as I know, this is not a visa fraud, since there is no adjustment of status, right?)

    She has a stable and great job in China and I plan to live with her in China after our marriage. We would like to visit U.S. for about 3~4 months each year as her job permits. My broad question is: how do we arrange it so that she is able to visit the U.S. for a few months every year?

    We are currently thinking of applying a green card for her through consulate processing, so she can enter U.S. with greater ease. However, given that she is only to stay in the U.S. for about 4 months a year, I am worried that she may lose her green card.

    Since we have no intention of immigrating her to the U.S., how can we arrange for her to visit the U.S. for 3~4 months a year?

    Thank you!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Visitor Visa for Spouse of a U.S. Citizen (No Intent on Immigration)

    Green cards are not for those without intent on residing in the US. Absences of more than six months at a time will eliminate even the illusion of immigration intent.
    She can get long duration visitor pass and that is what she should use.

  3. #3

    Default Re: Visitor Visa for Spouse of a U.S. Citizen (No Intent on Immigration)

    Dear flyinron,

    Thank you for the quick reply. I have a few follow up questions and hope you may answer for me.

    - As far as I know, being a Chinese citizen her visitor visa is only good for one year. Does being married to me give her options for getting longer duration visitor pass? We would hate to have to apply for visitor visa every year.

    - Would it be difficult for her to get visitor visa given that she is married to me? Being married to me, the consulate could always suspect her of having immigration intent. I wonder how easy (and logical to the consulate) it is to make the case that, if we were to immigrate her to the US, we would easily have applied for immigrant visa as opposed to visitor visa.

    - Also, is it considered a visa fraud to marry while on visitors visa *but* return to her home country *without* filing adjustment of status?

    Thank you very much in advance!

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