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Found 16 results
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A year ago, my visiting scholar g/f went back home and I was supposed to meet her 2 weeks later in Shanghai, but travel has been banned and I haven't seen her in a year. We talk every day on Wechat and Skype. She was a J1 visitor with 2 year home rule residency requirement. She also has CCP party membership, but just a university teacher in a liberal arts subject, not involved with the government or military, and if she quits CCP she loses her job. We've decided we want to be together forever. I was told I could apply for the K1 today, and they would process starting now. If they finish before the 2 year requirement is met they will wait for it to be met and then issue the visa, so I don't have to wait for it to be met and then apply and wait for the K1 to process. We're worried about the CCP membership with everything Trump said about it. Should we wait for Biden to be in office for a while to apply, or should we apply immediately hoping that we will get it soon after the 2 years expire? -
Hello everyone. Just a few quick questions as my wife and I are slowly but surely approaching the date in which we will DCF at Guangzhou. My mother was going to be a co-sponsor since I am a recent graduate making a meager salary here in China, and with a savings amounting to a few thousand dollars, I was afraid that this would not be sufficient to prove that I was able to support my wife in the initial stages of the immigration process by myself. My parents have plenty of savings and the means to provide more than enough 'support' to my wife by signing a co-sponsor affidavit. The problem is my parents are planning on retiring in April, and move away from the United States. They will still have bank accounts, investments, and all that here in the US, but they will be selling their house. This presents two problems for me: I won't have an actual residence in the United States anymore since my parents home is my home on everything from Bank statements, to credit card bills, to my voting registration. Secondly, will my mom will be able to sponsor us if she isn't actually in the United States? They will be living in Malta at that time... Any advice is appreciated. Thanks. Nathan & Min -
Hello all, I have a question about J1 Visa Home Residency Requirement <INA 212(e)>. It stated: "It is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of a least two years following departure from the United States" For Chinese national who has passport issued by People's Republic of China government and have a J1 visa subject to the 2-years rule of HRR. Based on the INA 212(e), does it mean that such Chinese J1 visa holder can reside in any part of the China in order to satisfy this 2-years rule of HRR? For example, if the J1 visa holder's home town is Beijng, China. Can he/she reside in Shanghai or even in Hong Kong, after departure from United States, in order to satisfy the HRR? I am particularly interested whether residing in Hong Kong would be allowed to satisfy the HRR by a Chinese national (with passport issued by People's Republic of China government). Is Hong Kong considered part of China by USCIS or States Department? Thank you for your help. -
Hello all, My fiancée is a J1 visa holder and is subject to two-year home-country foreign residency requirement. She would like to get the J1 waiver and get a No Objection Statement from the Chinese embassy. How difficult for her to get this statement from the Chinese embassy? Any idea/comment? Thank you.
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Hello, I'm not new to this site, and I just can't seem to find information about this: My wife is J-1 Visa 2 year rule bound, and so she can't get her green card until living here in China for 2 years (we arrived July 8th, 2015) When should I start filing at GZ? We would like to get to the states without delay, and since she is a CCP member (rank and file) she will need the extra bit of time to do a background check or whatever the USCIS does with that time. Could I potentially just apply right now and then have the interview next year, and then get the visa whenever the 2 years are up? Thanks Nathan
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A little background: We met in 2014 when she was teaching Chinese at a local high school (sponsored through the Confucius Institute/Hanban), and so she was on a J-1 Visa. We got married as soon as we got to China, and we are just living here and working. We were planning on doing a DCF in Guangzhou on Jan 5, but come to find out that she has 202e condition on her J-1 visa which says that you have to stay in China for two years before immigration to the USA. (This is at least what her previous US visa says, but her DS 2012 form does not mark or apply that she is under this condition of having to stay in China for at least 2 years before reapplying to go to the US). We could possibly get a waiver from the Chinese government, then apply for the waiver from the US Government, or we can wait out the 2 years, which is all the way until July of 2017. What advice would you give us at this point?
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Hi folks, First entry. Leaned a lot from CFL. Thanks for the gathering and sorting of info and especially personal, true, experience shared. I met my fiancé while studying in the US. We were engaged at the time but not married (now regret). Because I am under the 2-year-homecountry-stay rule, due to a previous J1, we have been separated for more than a year now (only saw each other twice by traveling). We are looking forward to the day that we will finally be together. So as to the visa, K-1 visa seems obvious, a little slower and less securer than CR-1 as I have read. A headache is the CCP problem. A better chance of such relief could be attained by marriage as read. Another option is for me to fly over (I do have a B1/2 available), get married, and then return to China, and wait the two years out, while waiting for CR1. It does seem that CR-1 has a better chance than K-1, especially with the CCP complication. Different sayings have appeared online. Some say it's a visa fraud by marrying on tourist visa. Some say it's alright as long as don't apply AOS right away, just go back to home country. Some say it will "look bad" and give a hold to the authority. I personally don't mind fly over at all. But is it really helping by getting married? Thanks ahead~ -
Hello everyone! First of all some general info. My name is Nate. My wife's name is Huiying. We met in October of last year and fell in love. We were married in March and Huiying moved in with me. I have two children to another woman however, I have full legal and physical custody. We all live together and are very happy. Huiying came here on a J-1 visa in January of 2012. We were under the impression that she was not subject to a 2 year home residency requirement until a couple weeks ago. (Her DS-2019 said "not subject" but her Visa said "Subject") We filed an advisory opinion and it came back (after over a 10 week wait) that she is subject. She only has one month left here according to her DS-2019 and then an additional 30 days grace period. We are unsure what to do now. I know we need to obtain a J-1 waiver but, I have recieved so much different feed back. I would say I've spoken with about 9 different lawyers over the past few months. I've done a lot of research on my own as well. I read that a requirement for a "No objection waiver" is that she has 6 months remaining on her visa. So, one lawyer said "She just has to go home." Another lawyer said that we should file an exceptional hardship waiver. The estimated cost for her services and processing fees was $4,800. Another lawyer said that we should just file a "No objection waiver" anyway and see what happens. Either way Huiying will be overstaying her J1 Visa. I plan on calling the Chinese Embassy tommorrow and see if they can provide me with any direction. This entire Visa issue has caused so much stress between our othewise extremely happy family. I've lost so much faith in my government and lawyers for that matter. Can anyone provide us with anything that could help us in our journey? Thank you all so much. It is good to know there are others out there who have gone through similiar situations and prevailed.
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Time to start a new thread on this as the subject as changed from interview details to agonizing wait... Pink was received 10/27 after call back from blue resolve. Two and a half weeks from the pink and no visa or indication from EMS it went out. At the beginning of the week we got an email response from my query to essentially give it up to 2 more weeks, so we have one more week before that window expires. I have done a lot of research here on cases like this and this is now one of the longest post-Pink delays in the past 2 years here. There was one "freedream" who had a 6 week delay exactly two years ago. I also looked into blue after pink situations. There were a couple but they were either clear blue situations but one was a "just need more time" blue... thats scary. There are rumors of white after pink but I couldn't find any specifics on that. All indications are the visa will be issued, even the email sought to calm us down on that. Only think I can think is another name check due to her visits to the U.S. since whenever the first one was done. Thats fine, I'm ok with that, but why does it have to take so long? In this computer age it should be able to be done in a matter of seconds! I called DOS earlier this week and after doing some research they came back and said "didn't you get an email?" "didn't that answer your question?" ... "(no, but whatever...)". So our email communication was logged in the case. Only one holiday so far in this period that added to the delay and hopefully this will get done by Thanksgiving. Her flight is this Saturday the 20th and we could stretch it into next week but it will be getting dicey and of course another holiday to slow things up. She would miss Thanksgiving. Any longer than that and we will have to postpone and reschedule our wedding. Gotta hate the moronic government. Looks like we drew the short straw on this one as others continue to get their visas in 2-3 days around us...
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Wow, they must be backing up there... already deep into July. I called DoS and the interview date has been set for us at 7/21. No P4 yet but it sounds that with that date they just issued it. Lee
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I'm not sure if we have seen anyone in this situation but its one of the possible scenarios for us: - Interview date July 21 - Planned US visit July 29th - Aug. 11th Since a pink is unlikely, she will travel to the U.S. to visit with her in force B2 [understood possible POE issues, but we were ok last time]. So we have been figuring that if she does get pink, and they hold her passport, we would just postpone the visit for about a month or so for her to quit her job and get ready to move. But I was thinking, if her passport is sent back to Shanghai in time with the K1, will they cross out the B2 or is it still valid? Can she choose which visa to enter in and enter and leave on the B2 and then come back on the K1? That would be great to get the visit in and then have her go back and take her time to clear out her life there. Or can you only have one visa valid at a time? Lee
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I have been trying to think the best way to approach our likely blue result with respect the fulfilling the J1 2yr HRR. It is almost certain that at the interview on 7/21 she will be given a blue slip requesting that she respond back with proof that she has fulfilled her 2yr HRR. Including all her U.S. visits and her last expected visit in early August we have calculated that she will have completed her sentence on Nov. 9th. We are hoping to at least get married by the end of the year (for tax reasons ) but of course we want to be together as soon as possible. Given that it appears that getting a call back letter from a blue slip response appears to take 4-6 weeks, what would be the best way to try and do something so that she can be called back on or soon after Nov. 9th? Is the delay because your response sits in the "Inbox" for a few weeks before it is processed? If so, then would it make sense to send in our documentation of proof that she is fulfilled as of Nov. 9th a couple weeks prior to that date so that by the time they pick it out of the box its after Nov. 9th? Is it possible to get a call back notice that says "you may appear on or after <date>"? Is it possible to get a visa post dated to be effective on <date>? My other thought is in addition to sending the response a couple weeks prior, send a duplicate response a couple days before Nov. 9th in case they do pick up the first one right away and reject it since they received it before that date. Then they get the duplicate response on or after Nov. 9th anyway. Any other ideas? Any other blue issues that are just time based and how to handle them? Lee
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As I have been reading the interview results I am curious if they have been asking the early screening questions "Are you CCP?". I have heard in some cases they forgot to ask so want to see how consistent they are being about it. It looks like the VOs don't bring it up unless the screener puts it down. I haven't seen any recent, but if there have been any recent active CCPers interviewing, would like to hear about that, especially if any got pinks. My gal will be active CCP when she goes late next year (waiting out a J1 2yr HRR) because it is too risky for her career to quit. If we have to waiver then we will be prepared for it.
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Long story short, I met my girlfriend in grad school in the US and we are now both engaged. Unfortunately she just graduated on a F1 visa but previously had a J1 visa with the 2 year restriction (7 months left on it) from another program so we can't just simply get married in the US unless we file for a waiver because the AOS won't go through. She also has job opportunities in China right now and zero prospects here (her field is in finance) so she thought it would be more useful for her to go back for a few months then come back when the economy is better. Hence we thought ok, she can come back on a K1 or K3 visa. The question is, and I still haven't been able to figure this out, is whether it is better for us to get married now in the US and file for a K3 or wait and file for a K1. We are also applying for the J waiver regardless as that would potentially reduce the 7 month delay before filing for K1/K3. If anyone can offer some statistics on the difference between k1 and k3 processing time, or anything else that's helpful, it would be really appreciated. We have talked to two lawyers, but they are quite unhelpful when it comes to quantitative evidence.
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Here is our situation... She (Chinese citizen) came back from a J-1 in August. She is subject to the FRR since the Chinese govt paid for her 1 yr in the US doing her dissertation for her PhD. She is now working at a university as an educator and has her PhD. How is the waiver process with the Chinese govt? I imagine there is a lot of red tape and I would think they may not be so keen on letting her go as she is directly using her experience they paid for her in her job. How is that process performed by her in country? Would her university be able to help at all (she has some allies there)? It sounds very possible we have to wait out the 2yrs! If so, is it ok to start the K-1 process and let it run until it hangs up at the consulate? At what point in the process will it come to a halt and what is the best process to get it moving again when the 2yrs are up so that ideally the interview occurs the day the 2 years are up or is that not possible? Any other process that might work better? A CFL'er over on VJ suggested doing a CR-1 instead and they may let her in on that?? In the meantime, how often can she get visitor visas? She would keep her job and fortunately can visit during Chinese New Year break and summer break. Im thinking maybe on her final visitor visa she gets the visa then gives notice to her job and then gets 90 days in the US before she goes back until we complete the permanent visa? I am thinking that may be the strategy after next summer? Other thoughts are getting her over on an F-1 and doing an AOS? Obviously she would need to do a period of legitimate studies. Creative ideas welcome Thanks! -
Hello everyone, I just found this forum today and was delighted to read through some of the messages and see how many people have found love around the world. I have joined because I'm not sure where else to turn now. My girlfriend is Thai and lives in Thailand, and I am a US citizen and live in California. I hope it's okay to ask advice from some of the veterans on this list, even though my bride-to-be is not from China. Toommy and I are planning to marry in November. We do have a history together already: by this September, we will have known each other for three years. I visited her in Thailand in November 2002, and in the summer of 2003 Toommy was approved for a J-1 visa to come work in the states for four and half months. She has recently been approved for a new J-1 visa and will be coming to the States again soon. Naturally, I miss her lots, and I want to use the time between now and our wedding to get started on procuring a K-1 visa for her. My question may be very basic for some of you, and I imagine that somewhere in the forum's archives there are answers to my question already posted. My question is: where do I start? Can anyone list the general steps in the process, just to get things rolling? I know that at one point, I will be waiting on the INS, but first there are things I must do, and numerous sources that I've consulted are rather vague or unclear on what I should do to get started. Can anyone point me in the right direction so I can get started? Thank you so much for your assistance! Daniel
