J1 FRR in effect, best visa process to follow?

[Lee VD]

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!

[Randy W]

You have some reading to do. Start by clicking on FAQ's above.

 

I wouldn't think they would stop her from leaving the country, but you would know that situation better than I. if she wants to remain on good terms with them, you can wait to file for a K-1 until about 1 year before she will be able to leave. If you file at that time, she would most likely interview about 9 months later. The visa is good for 6 months, but is only good for one entry.

 

Vistor's visa are unlikely to impossible.

 

The CR-1 is good for a longer period of time, and could be used to come and go while she is waiting. So it may be safe to file as soon as you get married.

 

Be careful that you don't commit immigration fraud, by bringing her over on a student or visitor's visa for the purpose of getting married.

[Guest Rob & Jin]

As Randy said .

 

Good luck

[Lee VD]

You have some reading to do. Start by clicking on FAQ's above.

 

 

I think I have read every applicable FAQ, here and on VJ, sometimes more than once. Not much on the J-1 waiver process in China or best path given a J-1 with FRR. Also searched and read every post I could find so far from others in this situation. Problem is VJ covers everywhere and I cant find much here on that situation.

 

Vistor's visa are unlikely to impossible.

 

Why do you say that? The J-1 FRR doesnt prevent visitor's visas. A K-1 in process doesnt prevent it. She is still employed and visiting on breaks. She has an apartment and letter of employment ...

[Randy W]

Good luck.

 

I don't think that Chinese J-1 or FRR have been discussed here. I'm sure you know more about that than any of us.

 

Filing the K-1 pretty well shuts down any chance of getting a visitor's visa. THey are issued completely at the VO's discretion. The fact of your engagement is construed as evidence that she will not return to China.

 

Many people have donated money to the Dept of State by applying.

 

Doesn't the CR-1 pretty much accomplish what you want to do? There would be a delay while the application is processed, but then she would be free to visit, until she is ready to move

[dnoblett]

OP's fiancee has already been to USA on the J-1, and is currently 2 months into the 2 years of the FRR requirement in China.

 

SEE VJ Post: http://www.visajourney.com/forums/index.ph...=158658&hl=

 

Randy's suggestion of CR-1 is essentially what I suggested on VJ.

 

Visit Marry, and the file for CR-1, the process for CR-1 tends to to take around 1 year to get, so more than likely the resulting visa interview will happen after the OP's fiancee has completed the FRR period.

Edited October 28, 2008 by dnoblett (see edit history)

[Tom and Ling]

Hi Lee VD,

 

Some where I have read that for University students a petitioner might be asked to repay the University for the expenses they have paid out.

I don't remember exactly where but I would say it is on the Guangzhou web site on marriage to a chinese citizen or on the Chinese web site in washington DC. I think it was on the US Embassy in Guangzhou though.

I'll try and look it up.

As far as the other...Randy and Rob have more experience.

 

Tom and Ling

[Lee VD]

OP's fiancee has already been to USA on the J-1, and is currently 1 year into the 2 years of the FRR.

Visit Marry, and the file for CR-1, the process for CR-1 tends to to take around 1 year to get, so more than likely the resulting visa interview will happen after the OP's fiancee has completed the FRR period.

 

I thought the 2 yr clock starts when she gets back or am I wrong (I would love it if I am!)? She only got back this last August 08 so the 2 yr clock is only 2 months down.

 

I guess I am missing the difference between the CR-1 and K-1 as it applies here. The comparison guide on VJ didnt really answer me this... Is it that the I-130 filing allows visits (B-1?) while in process and K-1 does not? In all I read it didnt seem like the K-1 caused any problems with B-1s (per the FAQ) as long as you still demonstrate you have strong ties to the homeland and you get back to finish out the K-1 process.

 

So I guess I am not seeing the key difference between the CR-1 and K-1 process here that makes the CR-1 a preferred option...

Edited October 28, 2008 by Lee VD (see edit history)

[dnoblett]

OP's fiancee has already been to USA on the J-1, and is currently 1 year into the 2 years of the FRR.

Visit Marry, and the file for CR-1, the process for CR-1 tends to to take around 1 year to get, so more than likely the resulting visa interview will happen after the OP's fiancee has completed the FRR period.

 

I thought the 2 yr clock starts when she gets back or am I wrong (I would love it if I am!)? She only got back this last August 08 so the 2 yr clock is only 2 months down.

 

I guess I am missing the difference between the CR-1 and K-1 as it applies here. The comparison guide on VJ didnt really answer me this... Is it that:

 

A: The CR-1 can be issued even during the 2yr FRR? Its not listed as one of the restricted visa types...

or

B: The I-130 filing allows visits (B-2?) while in process and K-1 does not? In all I read it didnt seem like the K-1 caused any problems with B-2s (per the FAQ) as long as you still demonstrate you have strong ties to the homeland and you get back to finish out the K-1 process.

 

So I guess I am not seeing the key difference between the CR-1 and K-1 process here that makes the CR-1 a preferred option...

Yep, I noticed that only 2 months as passed not 1 year. And I beleive CR-1 will need the same waiver as any other immigrant visa to overcome the FRR, CR-1 is essentially the same thing as adjustment of status from the J1 visa, both require the petitioner to file an I-130.

Edited October 28, 2008 by dnoblett (see edit history)

[Lee VD]

Insult to injury... I read this:

 

" The alien may enter the U.S. on a different basis such as a B-1 visitor visa, but any time spent out of the home country will not be counted toward the two years of residency in the home country. "

 

So these visits freeze the clock... ouch... better start the waiver process :S

[Randy W]

Yep, I noticed that only 2 months as passed not 1 year. And I beleive CR-1 will need the same waiver as any other immigrant visa to overcome the FRR, CR-1 is essentially the same thing as adjustment of status from the J1 visa, both require the petitioner to file an I-130.

 

I misunderstood the FRR - I thought it was a Chinese requirement. No, once a family visa application is filed for a Chinese citizen, it pretty well precludes any possibility of another temporary visa.

[Tom and Ling]

Hi Lee VD,

 

I found it,,not much but you should be aware......

 

http://guangzhou.usembassy-china.org.cn/in...d_in_china.html

 

 

Are there any restrictions on who I can marry?

The eligibility age is generally 22 for men and 20 for women. Certain categories of Chinese citizens, such as diplomats, security officials, and others whose work is considered to be crucial to the state, are not legally free to marry foreigners. Chinese students generally are permitted to marry if all the requirements are met, but they can expect to be expelled from school as soon as they do. American citizens wishing to marry Chinese students should bear this in mind. It also should be noted that at least one school has required Chinese students to reimburse the school for uncharged tuition and other expenses upon withdrawal for the purpose of marriage to a foreigner.

You and our honey should be aware that expenses might be asked for.

 

Tom and Ling

[dnoblett]

Yep, I noticed that only 2 months as passed not 1 year. And I beleive CR-1 will need the same waiver as any other immigrant visa to overcome the FRR, CR-1 is essentially the same thing as adjustment of status from the J1 visa, both require the petitioner to file an I-130.

 

I misunderstood the FRR - I thought it was a Chinese requirement. No, once a family visa application is filed for a Chinese citizen, it pretty well precludes any possibility of another temporary visa.

Nope, it is a requirement built into the J-1 visa, it can be waivered, however there are only a few ways to waiver the requirement.

 

More here: http://travel.state.gov/visa/temp/info/info_1288.html

 

Correct about a visit to USA, if the foreign citizen visits the USA during the 2 year FRR, it resets the period, the 2 years need to be continuous, or wavered.

Edited October 28, 2008 by dnoblett (see edit history)

[Lee VD]

 

Correct about a visit to USA, if the foreign citizen visits the USA during the 2 year FRR, it resets the period, the 2 years need to be continuous, or wavered.

 

No, from what I read it doesnt reset it, its just that any time spent outside of China is not counted against the 2 years so the clock is frozen, not reset.

 

So with all of that, at what point during any immigration application process is the prior J1 detected and then an RFE for a waiver come out? Where/when do they figure out all the deductions for ins and outs of the country?

 

From what a response to my VJ post said it wouldnt happen until Guangzhou gets it? I guess I am hoping to see if anyone else here has had this come into play and how they worked it.

 

I am trying to get info on what/how to get the waiver in China and I am also hearing references to possible "payback" for the education program.

 

It sounds like maybe to just start the waiver process and the visa process and take it until it grinds to a halt?

[dnoblett]

 

Correct about a visit to USA, if the foreign citizen visits the USA during the 2 year FRR, it resets the period, the 2 years need to be continuous, or wavered.

 

No, from what I read it doesnt reset it, its just that any time spent outside of China is not counted against the 2 years so the clock is frozen, not reset.

 

So with all of that, at what point during any immigration application process is the prior J1 detected and then an RFE for a waiver come out? Where/when do they figure out all the deductions for ins and outs of the country?

 

From what a response to my VJ post said it wouldnt happen until Guangzhou gets it? I guess I am hoping to see if anyone else here has had this come into play and how they worked it.

 

I am trying to get info on what/how to get the waiver in China and I am also hearing references to possible "payback" for the education program.

 

It sounds like maybe to just start the waiver process and the visa process and take it until it grinds to a halt?

Good to know about the 2 years.

 

Typically waivers are at the request of the interviewing officer.

 

From what I read at the link the waiver may be hard to get.

 

For example:

* No Objection Statement (NOS):

 

The EV's home country government issue a No Objection Statement (NOS) through its Embassy in Washington, DC directly to the Waiver Review Division that it has no objection to the EV not returning to the home country to satisfy the INA 212(e) two-year foreign residence requirement and does not object to the possibility of the EV becoming a resident of the U.S. The NOS may also be issued by a designated ministry of the EV's home government and forwarded to the U.S. Chief of Mission, Consular Section, within that country to be forwarded directly to the Waiver Review Division. The EV has the responsibility for obtaining a no objection statement from his/her home government.

May be difficult to get NOS from China.

 

Other grounds like wont be easy either.

 

Hardship, You work.

 

Persecution, China is not doing that to your fiancee.

 

Request by a designated State Department of Public Health or its equivalent, CONRAD: (Only 30 of these granted per year)

 

Request by an interested government agency (IGA) (Again not happening)