Chinese Student Getting Kicked Out of Uni for Marrying USA Citizen?

[KAM313]

I asked this as part of another set of questions and figured this might require its own topic.

 

My girlfriend and I have discussed the idea of getting married while she is in a Chinese school (she will be in the last year of her university program), but we have read from the USA consulate website that Chinese students who get married to USA citizens in China before graduation should expect to get expelled from school. I've also read conflicting reports where this is not true and is is more of a school-by-school basis. I've also read that this is no longer enforced entirely.

 

While we likely won't go down this path (will likely just wait until graduation to be safe), has anyone known of a Chinese student to marry a USA citizen and get expelled from the school (or not expelled)? I just want to understand the weight of this threat.

 

Also, does anyone have any ideas on how she might be able to check with her school to see if they enforce this rule without them placing red flags on her?

 

Thanks

[Kyle]

It would be best to check with her school about this. You might try the school's foreign affairs office as a starting point. Different regions/schools often enforce regulations differently so it doesn't surprise me that you've read varying accounts. Typically, marrying prior to graduation is frowned upon.

[Beachey]

Other than the additional cost, there is no reason why you can't file for a K-1 fianc¨¦e visa right now and go to America right after she graduates. The timing might work better for you.

[Mick]

It may be that many universities will expell students who get married, period - whether it be to a US citizen, Chinese citizen, or Grey Alien. I know the university where I taught did not allow students to marry and, as it was founded and largely funded by a very wealthy Chinese businessman, it was considered one of the most liberal universities in China. It was a state run school, like most universities, but this businessman contributed heavily to its operation as a way of giving back to his hometown. Like I said, it may be marriage in general that is the issue, not just marriage to an American. I left China in 2003, so things may have loosened up a bit since then.

[KAM313]

Other than the additional cost, there is no reason why you can't file for a K-1 fianc¨¦e visa right now and go to America right after she graduates. The timing might work better for you.

Interesting idea with the fiancee visa. I hadn't even thought of this. Will look into this. Can I do this while currently living in China?

[KAM313]

It may be that many universities will expell students who get married, period - whether it be to a US citizen, Chinese citizen, or Grey Alien. I know the university where I taught did not allow students to marry and, as it was founded and largely funded by a very wealthy Chinese businessman, it was considered one of the most liberal universities in China. It was a state run school, like most universities, but this businessman contributed heavily to its operation as a way of giving back to his hometown. Like I said, it may be marriage in general that is the issue, not just marriage to an American. I left China in 2003, so things may have loosened up a bit since then.

She mentioned that there were married people in her school, but they are all married to other Chinese citizens. We likely won't go down this route, but I'm still interested to hear about other stories on this subject.

 

Thanks

[Randy W]

Other than the additional cost, there is no reason why you can't file for a K-1 fiancée visa right now and go to America right after she graduates. The timing might work better for you.

Interesting idea with the fiancee visa. I hadn't even thought of this. Will look into this. Can I do this while currently living in China?

 

 

Yes - I think we over-sell the marriage visas when there are plenty of situations where the fiance visa should be considered. The cost difference is small even compared to a single trip to China.

 

You would mail the application to the Chicago lockbox facility (per the directions) - a US domicile would be an issue here as well.

 

A potential problem with the fiance visa for your situation, however, is that she will need to apply for a green card AFTER she arrives in the US and gets married. It would be at least several months after arrival before she could get it. This may or may not affect her college enrollment.

Edited August 2, 2011 by Randy W (see edit history)

[Ryan H]

You would mail the application to the Chicago lockbox facility

 

If you are talking about the I-129F for a fiancee visa, then lockbox facility you stated is not correct. I-129F's for K1 go to the lockbox facility in Texas.

[Randy W]

You would mail the application to the Chicago lockbox facility

 

If you are talking about the I-129F for a fiancee visa, then lockbox facility you stated is not correct. I-129F's for K1 go to the lockbox facility in Texas.

 

 

yes - read the directions. I'm not filing, so I don't (at least not closely enough).

[KAM313]

Thank you for your feedback. I believe our preference would be to marry in China and it looks like we have enough time to do so. Just for curiosity's sake, how long does it usually take to get the green card upon marriage in the USA on a fiancee visa?

 

Thanks

[dnoblett]

Thank you for your feedback. I believe our preference would be to marry in China and it looks like we have enough time to do so. Just for curiosity's sake, how long does it usually take to get the green card upon marriage in the USA on a fiancee visa?

 

Thanks

You would file an I-485 and pay $1080+ to adjust status, and it can take anywhere from 4 months to a year to get green-card depending on factors like background checks, and possible interview at the field office, which can vary depending on how busy the field office is.

[KAM313]

Thanks . Looks like it makes sense to just do everything in China. I wouldn't want to potentially have to wait a year for the green card.

Edited August 3, 2011 by KAM313 (see edit history)