Legal Question in Immigration Law in California

I have known a woman in Chongqing China for almost two years now. We have grown quite close and i would like her to come here to visit me.

I don't know which visa would work for our situation.

I am self-employed and being that the economy has been down these last few years it has been immpossible for me to leave my business in order to travel there to see her. I understand that that is the only way of obtaining a fiancee visa.

My question is? Is there still a way to have her come here to be with me without going there first or should i somehow invite her as a friend to come and visit...

Thank you so much for any help you can give me.

Sincerely:

Robert Swansen


Asked on 10/25/09, 9:01 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

She can apply for a Visitor's visa, however, very likely she will be denied a visa.

Yes, you are right: in order for you to file a Fiancee visa petition (if you intend to marry her), you have to travel to China to meet her in person first. Then, you'll go back to the USA and file a Fiancee visa petition.

If you�d like to schedule a telephone legal consultation, please let me know, and I�d be glad to help: Attorney [@] law-visa-usa.com . I have lots of experience with Fiancee and Spousal visas.

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If a follow-up advice on your specific situation and regarding U.S.A. immigration-related issues is requested, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 10/30/09, 11:31 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

You could invite her and she would visit assuming the U.S. consulate would issue her a visa for that purpose. The likelihood of that might be difficult depending on her ties in China. Marriage age women can have a tough time proving they will return home to developing countries, but given the strength of the Chinese economy, it might not be as difficult as it used to be. The problem is more pronounced the more disparate the economy of the country relative to the U.S. With a strong application, she might succeed. She might also choose to try for an F-1 student visa possibly to learn English if it makes sense for her work or other plans, and again, she would have to show strong ties to China and prove her intention of being in the U.S. only temporarily. This type of case could have a better result with counsel such as myself preparing it. If these options don't pan out, then you would need to meet her to bring her as a fiancee or marry her abroad if you were her petitioner. She might also qualify for a nonimmigrant employment visa, depending on her education and employment history. That would be the best option as it doesn't put pressure on you both to marry prematurely.

For more information, feel free to contact me directly at 818 609 1953 or [email protected].

Sincerely,

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Answered on 10/31/09, 11:12 pm


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