Chinese Fiance and Marriage Visa Applicants Report Being Victims of Tourist Visa Scams
Has your Chinese fiancee or spouse ever been refused a Tourist Visa to the United States?
There's an increase in reports of visa applicants who at one time have become victims of a tourist visa scam. The tourist agent will fill out their application forms with false information, take their money, and after the failed interview, can't be found.
For single Chinese women, Tourist Visas to the U.S. are hard to get
Tourist visas to the United States for single Chinese women are very hard to obtain. Applicants must prove they will return to China. Examples of proof could be owning a business, owning property, or having young children.
According to Expat's.com, "90% of all visa agents in China are "black operators" - not registered with the government and without a business license that would provide some accountability. By using disposable mobile phone numbers and free email accounts, they can virtually disappear without a trace. Visa agents are not policed nor regulated in China as a profession. China has no BBB or FTC to protect consumers."
One petitioner writes:
"About a year ago my fiancee applied for a tourist visa and the agent in China that handled her application filled in that she was married, despite the fact that she is divorced. This caused her application to be denied".
In a different matter, the U.S. petitioner wanted to file a Fiance petition, but his Chinese fiancee insisted on a Marriage Visa. She gave her reason as wanting her family to see her get married. And, that's a good reason.
However, there was a little more to the story.
When collecting information from Chinese applicants, Xiaoying, our Chinese speaking representative from Buda Law Group will ask many questions. In getting all the facts, attorney Buda can better prepare for a case.
Xiaoying learned this applicant had failed at a tourist visa in the past and was told by a friend not to do a Fiance Visa. Her friend had told her, the only way to be approved after failing a tourist visa is to get married.
Is her friend correct?
The answer is NO! The question just doesn't go away by filing a marriage petition.
Here's the question on Fiance and Marriage Visa applications:
Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry? If yes, explain.
This question is on both the DS-160 fiance visa application and DS-260 marriage visa application. DS-160 and DS-260 visa applications come after USCIS petition approval.
USCIS does background checks on the U.S. citizen when filing a petition. Whereas the Department of State's NVC handles history and background checks on beneficiaries with the visa application for a K1 or CR1 visa.
Do you see the difference in the severity of the two cases above? One will be harder to overcome.
In the first, there were lies on a visa application as the result of a scam. In the second, they just failed to show firm roots needed to obtain a tourist visa.
Getting rejected for a tourist visa is not a big problem. Lies on a visa application is a different story.
Immigration attorney John Buda was able to get the visa for the first couple after learning the details. He prepared a carefully written explanation of how the applicant trusted the agent and became the victim of a scam for money.
Questions on Visa Applications
An online visa application is not available until USCIS petition approval and NVC issues a case number. As a petitioner, you should learn what immigration officials will ask your visa applicant.
Get our Free K1 and CR1 Visa Cheat Sheet. Written in English and Chinese, it contains 57 question found of a visa application.
Consular officers review 8-page online visa applications to assist with questions at the interview. Ask your Chinese spouse or fiancee the same questions. Do it before it's time for her to complete a visa application.