J1 FRR in effect, best visa process to follow?

[Sebastian]

Here's another wrinkle, but is opinion (mine)...

 

Since Her phD work was paid for by the Chinese Government, she is obligated to work for the Chinese Government for 2 years or more. When she is in 'their' employ, she must maintain her China Communist Party Membership.

 

CCP membership is an issue for spouse or fiancee' visa issuance. Usually they want the PRC person to not have been a CCP member for at least 1 year. We've seen some stories here where it was 6 months or less.

 

You really love this woman? The two of you should move to New Zealand, stay there for 2 years, then both can have New Zealand citizenship and passport, do whatever you want after that.

 

(end of opinion)

[dnoblett]

Here's another wrinkle, but is opinion (mine)...

 

Since Her phD work was paid for by the Chinese Government, she is obligated to work for the Chinese Government for 2 years or more. When she is in 'their' employ, she must maintain her China Communist Party Membership.

 

CCP membership is an issue for spouse or fiancee' visa issuance. Usually they want the PRC person to not have been a CCP member for at least 1 year. We've seen some stories here where it was 6 months or less.

 

You really love this woman? The two of you should move to New Zealand, stay there for 2 years, then both can have New Zealand citizenship and passport, do whatever you want after that.

 

(end of opinion)

Yep very good point, yes after you overcome the FRR hurdle you may have the Communist Party issue, that too cases another waiver to be needed to overcome that inadmissibility problem.

[Lee VD]

Im a little confused because I have read the threads about the CCP issue and in many case it seemed like it was a non-issue especially if required for work.

 

Im also curious about this talk about visitor visas not given out when a K visa is in process. I have heard that the consulate isnt even really aware you have filed until it hits GZ and even then they dont care as long as you still have ties.

 

In our case, she is a professional educator with a PhD in Shanghai, so she has a good career and a decent place to live. She will be travelling during designated school breaks, I dont think it will be a tough case to show she is not a flight risk.

 

I am visiting in December for 3 weeks then she is coming to the US to visit for a few weeks. She will be applying for that visitor visa shortly.

 

Since these issues probably fall into the "complicated" category I am starting to talk to some lawyers for ideas. In any case we are VERY early in the thought process... just want to consider possibilities. No commitment yet from us to actually DO anything yet. Just want to know what we are in for... Sounds doable... at worst... LONGGGG...

[Randy W]

Im a little confused because I have read the threads about the CCP issue and in many case it seemed like it was a non-issue especially if required for work.

 

Im also curious about this talk about visitor visas not given out when a K visa is in process. I have heard that the consulate isnt even really aware you have filed until it hits GZ and even then they dont care as long as you still have ties.

 

In our case, she is a professional educator with a PhD in Shanghai, so she has a good career and a decent place to live. She will be travelling during designated school breaks, I dont think it will be a tough case to show she is not a flight risk.

 

I am visiting in December for 3 weeks then she is coming to the US to visit for a few weeks. She will be applying for that visitor visa shortly.

 

Since these issues probably fall into the "complicated" category I am starting to talk to some lawyers for ideas. In any case we are VERY early in the thought process... just want to consider possibilities. No commitment yet from us to actually DO anything yet. Just want to know what we are in for... Sounds doable... at worst... LONGGGG...

 

 

You sound like you don't need a whole lot of input from this board.

 

 

Go for it!

[Lee VD]

Just looking for positive ideas...

 

http://www.visajourney.com/forums/index.ph...=67796&st=0

[Randy W]

Just looking for positive ideas...

 

http://www.visajourney.com/forums/index.ph...=67796&st=0

 

 

You got some samplings on VJ of experiences with fiance's in Europe and South America - we cover, for the most part, only China here.

 

You seem to know what you'd like the answer to be - that's a good start . . .

[david_dawei]

Im also curious about this talk about visitor visas not given out when a K visa is in process. I have heard that the consulate isnt even really aware you have filed until it hits GZ and even then they dont care as long as you still have ties.

 

In our case, she is a professional educator with a PhD in Shanghai, so she has a good career and a decent place to live. She will be travelling during designated school breaks, I dont think it will be a tough case to show she is not a flight risk.

As Randy said, we normally discuss issues in regards to the consulate in china and so some issues we will have some better info on than say on another consulate in another country...

 

A [single] chinese lady getting a visitor visa is very, very difficult even if not in the K1/CR1 process; Once she is in either process (for fiancee visa or spouse visa), you can essentially figure there is no way she will get a visitor visa.

 

Either visa carries the intention to immigrate; there is hardly a chance that they will issue a non-immigration visa (of non-intent) to someone who is currently filing for one with intent; They simply won't trust that person's intentions!

 

In the rare event they actually issued a visitor vis to someone with a K1... and then that person went to the US on a visit... and let's say they married while on the visitor visa and stayed in the US to adjust status... I wouldn't be surprised if USCIS denied it due to immigration fraud..

 

Bottom line: Don't count on a visitor visa in any situation; and if you file a petition for a family based visa, don't count on it at all... (There will always be the story of someone who did it... but you have to go by the average chance.. .which is very little).

[Lee VD]

Thanks for the elaboration, I appreciate it.

 

She will be trying for her first tourist visa in the next couple weeks so we will see how it goes. The Shanghai consulate website makes it seem like a piece of cake with a 14-15 day turnaround time, so we will see how it goes. Im just thinking that given she is a professor at a university visiting the US for a few weeks during school break, has been to the US before and came back, it shouldnt be an issue but it will be a first test so we shall see.

 

I understand how a K application would complicate things but I also saw discussions where the consulate really doesnt know about the K application until it comes over to them? I figure we will just work visas out of Shanghai as long as we can. She also has opportunities to come over to the US to lecture at conferences and is working on submitting for one now. I told her make sure she doesnt get another J1 (Dont think she can anyway, since there is also a 2 yr limit between them). She will only be over for short stints that a B visa should work just fine for her work visits. Of course I can get over there easily enough so will do that, only time off work is the limiting factor.

 

Otherwise we will just wait out the 2 years and move the K visa process along as far as we can hopefully getting up to near completion at the end of the 2 years. Of course we have to decide at some point if we want to marry Maybe petition at the end of next summer. Im still curious at what point the K visa process hangs due to them detecting the J-1. From what I heard that would be something GZ would pick up on. Im just hoping at that point you can just ask to delay the interview and have the visa issued for a start date on the 2 yr point (including additions for US visits). That would put it to around Christmas 2010.

[david_dawei]

Thanks for the elaboration, I appreciate it.

 

She will be trying for her first tourist visa in the next couple weeks so we will see how it goes. The Shanghai consulate website makes it seem like a piece of cake with a 14-15 day turnaround time, so we will see how it goes. Im just thinking that given she is a professor at a university visiting the US for a few weeks during school break, has been to the US before and came back, it shouldnt be an issue but it will be a first test so we shall see.

You specific situation is different and not normal... so there is probably a higher chance in your case... you move from a very far shot to a maybe shot

 

I understand how a K application would complicate things but I also saw discussions where the consulate really doesnt know about the K application until it comes over to them? I figure we will just work visas out of Shanghai as long as we can. She also has opportunities to come over to the US to lecture at conferences and is working on submitting for one now. I told her make sure she doesnt get another J1 (Dont think she can anyway, since there is also a 2 yr limit between them). She will only be over for short stints that a B visa should work just fine for her work visits. Of course I can get over there easily enough so will do that, only time off work is the limiting factor.

 

Otherwise we will just wait out the 2 years and move the K visa process along as far as we can hopefully getting up to near completion at the end of the 2 years. Of course we have to decide at some point if we want to marry Maybe petition at the end of next summer. Im still curious at what point the K visa process hangs due to them detecting the J-1. From what I heard that would be something GZ would pick up on. Im just hoping at that point you can just ask to delay the interview and have the visa issued for a start date on the 2 yr point (including additions for US visits). That would put it to around Christmas 2010.

There are only two stages where anything will really arise: At the USCIS approval stage (if you get the second notice of action, NOA2, it means they have approved it... Next one would be the interview. So it's tough since either at the very start or very end..

[Lee VD]

Yesterday she went for her tourist visa interview and passed through it with no trouble. We prepared well for it and I familiarized myself with what they are looking for and the documentation they might want to see. Some of the questions were:

 

- Have you been to the US before?

- Where did you go? What did you do?

- When and where are you going this time?

- How much do you think this is going to cost?

- Did you meet anyone in the US you are going to see?

[i coached her about this one and how often a J1 visitor meets someone and wants to go back to marry]

She asked for a multi-entry and I think he explained they are always multi-entry?? Anyway he said "ok, you are all set!" and she will get it in a week or so.

 

She did volunteer pictures of her previous touring (shes been to more places in the US than I have and I travel for a living!!) and showed enough funds in her bank account but wasnt asked for it. She also had a certified statement from her HR department describing her position and salary. Made it all very smooth. We decided it would be best to COMPLETELY leave me out of the picture and show her funding the trip. I have coached her to bring all of this documentation when she enters the country in case any issues crop up.

 

She asked me about some questions they might ask and I ran through every question I expected from what I read here and she knew the right answers anyway. She's quite a smart cookie. She also spoke english form the beginning saying "Hi, How are you?" first, so the entire interview was done in english even though she said most applicants (lots of them!) there could not speak english.

 

One glitch: When she went to show her receipt for paying she said that she got two receipts from the bank, one labelled to be for the consulate, and one for her (as she described it), so she only brought the consulate receipt. They said she HAD to have the other and they said she had one hour to get it or go to the bank nearby and pay AGAIN!

 

She was on a lunch break from work so she hopped a cab back towards home and since she had to leave her cell phone and purse at work due to the interview restrictions, asked the cabbie to use his phone. She called a co-worker and asked him to get her apartment keys out of her purse and go to her apartment , get the receipt, and meet her outside the campus (since cabs arent allowed on campus). He did that, met her on time, passed her the receipt, and she rushed back to the consulate just in time to present her receipt! Her interview was at 12:45p and she wasnt completely done until 5p! Yeesh!

 

I applied for my visa in DC last week and will go to pick it up next Tuesday so we are good to go each with one year multi-entry visas.

 

The game plan is to go one year and for her to renew her tourist visa (much easier, no interview required), THEN we will start the immigration process. Now, I know that POE could be a challenge at that point but with a solid track record behind her of coming and going and awareness of the J1 restriction we think it will be ok, but the journey is just beginning. I am still wondering if K1 or CR-1 would be the best route. Speed of the green card is not an issue since she is not planning to work right away in the U.S. As some have suggested here, already being married might smooth over the in-process immigrant visa issue during visits in conjunction with a good track record.

 

Oh one more little thing.... she is an active CCP member Required for her job. So looking at all the info on that it seems that many people have just explained that when asked and usually didnt need a waiver so we will go that route and do the waiver if need be when we come to that point.

 

Its going to be a long 2+ years but at least we have many opportunities to go back and forth and her school schedule facilitates that.

[Sebastian]

Well - good news then !!! Rack up those frequent flyer miles !!

[Lee VD]

Update...

 

I spent the holidays in Shanghai and we had a great time. Also visited Hangzhou. Stayed for about 3 weeks in China. She then came to the U.S. for about 3 weeks and just went back a couple weeks ago. She is coming back in late March for a week for a conference in Charleston SC where I will meet up with her. I plan on going back to China around Memorial Day and then she will come back here for a while in the summer, work allowing...

 

The plan is as I stated earlier... renewing her visitor visa for another year and then starting probably a K1. I know the CR-1 could smooth over visits (still a risk at POE with a K1 in process?) but I worry about what seems a higher bona fide burden of proof than with a K-1. With all the visits we should be ok but as we have seen, people have gotten white with just as many.

 

Im still baffled with the J-1 FRR. Do we take a crack at having her interview at the 2yr mark despite the US visits really making her still ineligible and just seeing if they add it up right? If denied is she just blue slipped and told to come back in a few months or could she get white slipped? Also we have CCP in play so want to interview, and if asked for a waiver can start that process.

 

Seems like best to just interview at the 2yr mark and know a blue is gonna come. I need to see if the bluey has a check box for a 2yr FRR not satisfied and told to submit proof of fulfilling it when the time is up?

 

The long shot is the VO doesnt know to count the time in U.S. and they blow off the CCP issue which sometimes happens and pink is given. I figure the FRR is not something they have to deal with very often.

 

Anyway, that's where I am... have time to try and figure it all out but Ill have to see if I can get anyone at USCIS or GUZ to answer my general question...

 

Lee

[Sebastian]

Hey - good news then on successfully getting the tourist visa. Yay!