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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?
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- j-1 2 year rule
- hrr
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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.
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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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http://www.hooyou.com/j-1/j1_exceptional.html Please see above link. A few months ago back in January, my wife and I were ready to DCF in Guangzhou, and it was an exciting time. We then found out the hard way that she was under the J-1 visa (when she visited as a volunteer from 2014-2015) and we gave up on filing at that point in time and decided to find work here in China while we wait until July 2017. Fast forward till now, I am a recent graduate from a University in the US (Idaho) with a degree in Business Management and I applied for tons of jobs here in Shenzhen and got several offers. I accepted one and started on the process to getting a Z Visa (work visa) to work legally. The company is a mid-size company and the salary was enough for both of us to live comfortably here in China. My company wants to apply for the visa, and let me know that the chances of it getting denied (at their and my own dismay) is very high due to their being a requirement for POST graduation work experience in a related field of between 1-2 years (it depends on which city that you will be working in) My wife and I are getting low on money, and her profession pays little especially for recent grads like herself. This is not sufficient for us to earn a living, and we estimate that we will be broke by year-end. On a related side-note... we also cannot practice our religion freely in China due to government restrictions on our church. Would it be advisable to apply for the Exceptional Hardship Waiver? It costs 600 dollars (4000 rmb!!! enough to pay the rent for 3 months!) to give us a chance to leave China earlier and get back to the States in where we can both work, (and practice our religion freely) Please advise as soon as possible Thanks so much, Nathan&Min
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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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To study in the United States, you will first need to apply to, and be accepted for admission by a school which can issue an I-20. The I-20 is then used to apply for a student visa. (SEVP stands for Student and Exchange Visitor Program). DHS launches enhanced website for schools, international students U.S. Immigration and Customs Enforcement (ICE) sent this bulletin at 07/01/2014 12:11 PM EDT
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- SEVP
- student visas
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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~
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- CCP Waiver
- HRR
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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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One friend in China went through a long 3 year ordeal with a USC to come here on a fiancee visa. Immediately I told her that I did not think he was serious. In May they finally got their white and a non bon a fide, which he is not going to pursue. She recently received a request from a man from NJ that claims to recently lost his wife and wants her to come here to a Nanny. Claims to have lots of money. Pay her $500 a week and can get her a quick work visa. He already has had her pay 2000 RMB to help with the process to someone. This part is sketchy, since I learned of this last night. And my YM is having issues, so I cannot cut and paste his basically a contract to her claiming he could get a Nanny here, but wants a foreign Nanny. He is 43 and she is 51. He even asked her about her home, if she owned and how much it is worth....... I told her to stop correspondence immediately and run. She is looking to find a man to love and after reading his comments to her, I think he is looking for a maid with benefits.... Any thoughts here will also be appreciate? Can this guy even get a visa for a "Nanny"? Work visa?
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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!
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To have a neice or a nephew come over to study at a Universty here in the U.S. It would be Cheaper and easier to ----- 1. Just try to sponsper that individual to get them a visa. Get them to come to the U.S, then think about enrolling them in school, possibly even 1 year later so thay can be waved the "out of state" tuition fee's. Or 2. Have them somehow get connected to an international program or internship---some type of forign exchange, student visa program.?? I know California (esp up here, Sacremento) is very big on foreign students and a good place to do this. But so far the Forien exchage program idea looks pretty spendy. The University I was looking at says no financial aid or sholorships would be available for their international study program. Any ideas or experiences with this?
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Dear USCONGUZ: Could you please let me know how you define Overstaying? and how much it will impact the immigrant visa application. Thanks Regards March
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Hello, I just met a new Russian Friend online Apparently she is here in the USA on a J-1 Student Visa (I think) for 2 months. She is working in a kitchen somewhere, 15 hour days, 6 days a week... (90 hr weeks). So much for a "cultural experience". Her compensation is $550 / month ($1100 for 2 months). I presume that her "employeer" has paid for her flight, and room&board..... Let's see... A few calculations: Federal Minimum Wage: $5.15 / hr x 40 hrs / week = $206 / week $7.725 / hr x 50 hrs / week = $386.25 / week (OT) --------------------------------------------------- Total: $592.25 / week Times 9 weeks (for 2 months).... $5330.25 for 2 months. So, it sounds like her wages are about $4230 short for her 2 months sojourn.... It must include a suite at the Hilton. --------------------------------------------------------------- Something just leaves a BAD Taste in my mouth. :angry: :angry: ----- Clifford -----