My Chinese Girlfriend Refused for 2 Visas, Next Steps?

[Randy W]

Yes - getting a student visa for the U.S. is mostly a matter of being accepted to an American University. It's not clear at all why you haven't considered that.

 

The requirement for a degree to teach in China has only been in place for a couple of years (around 2012).

 

I was told that I could teach in China even though... I didn't complete college. Now, many people at the time refuted this, and I didn't really know what to believe. But the guy who hired me, he assured me that not having a degree wouldn't be a problem.

 

[dnoblett]

Been discussing this with him on FB, sounds like he is still in China, I did mention the option of DCF, just they don't like the idea of getting married for immigration reasons. So they will need to study their options, and decide on what they want to do.

[Beachey]

The issue with U.S. colleges is that she took the IELTS not the TOEFL.

 

 

This is not necessarily true, my wife took IELTS not TOEFL and got into a US Grad school(MBA). TOEFL is American English, IELTS is British English, most schools accept both. Various opinions on which one is easier. Earlier, he mentioned she got a 6.5. That is what my wife scored though most people would consider her fluent in English (her weakness especially prior to grad school was written English). My wife did have to take an English preparatory class at her grad school but I think it helped her to understand what her grad school classes would be like.

Edited August 8, 2014 by Beachey (see edit history)

[Beachey]

 

Yes - getting a student visa for the U.S. is mostly a matter of being accepted to an American University. It's not clear at all why you haven't considered that.

 

 

 

 

 

A little surprised she was turned down for the student visa in Canada, the other criteria for a US Student visa besides being accepted is showing financial resources to pay for it. Canada appears to have a tougher standard.

[samcmac]

Figured I'd drop in with an update, or for the most part, a lack of one. My visa expires in exactly 2 weeks, so that's our most immediate issue. Our exhaustion is such that we're even finding it difficult to make the Hong Kong run, especially since it would be both our first times in HK. It's hard to make a trip like that when you're in the emotional place we are. She's spent the last two days pretty much just sleeping; I can't get her up for very long. I've been racing around the internet, still looking for school options, now in the US. My concern now isn't so much the IELTS, but just university costs and more even than that, her general qualifications. As I think I've said earlier, she took a nursing course for two years and received a diploma. She then worked as a nurse for 8 months. We momentarily got excited about Northeastern in Boston, where she could go for a Bachelor's in nursing, but two things depress us: One, the tuition, which is so expensive. We think she can cover it, or rather her parents can and are willing to, but she just feels like she doesn't *have* to go to a school so prestigious? Additionally, qualifications are so high: She meets the English requirements, and she has her nursing diploma, but she's only worked 8 months in the field where as the course requires a full year. More distressing still is seeing that the acceptance rate for the school is 30%, according to the site we were reviewing. She feels very down on herself, thinking there will be so much competition, especially in China, for a school like this, and they'll be looking for students who, in her words, "can show that they're doing lots of stuff, extracurricular activities." This has made her feel even worse.

 

We're still going to try Northeastern, or more specifically a Chinese agency we received the contact info for that Northeastern uses, but it is worrisome, the prospect of going through another lengthy school application process only to be turned down again. It's tough. And while she'd be perfectly open to going to a lesser school in Boston, where the acceptance rate is higher and thus more worth the effort, those schools seem to, like her college in Toronto, expect you to be responsible yourself for getting the visa. Which, so far, has not gone well for us, and we feel like we will keep running into the "ties to China" issue if we have to prepare the visa application ourselves.

 

Of course, we're also open to colleges elsewhere in the U.S., but haven't really started that research yet. I did, however, make a phone call to Kaplan, an English Language school that apparently does things like ESL Prep courses at universities (among them Northeastern), and could be a less steep path to getting a visa. But because my girlfriend scored a 6.5 on her IELTS they insist she should just apply directly with a university. Nice thought, but that's a much harder road it seems.

 

- Sam

[samcmac]

Hi guys,

 

So it looks as if, having been deeply frustrated with most student visa processes, we are going to attempt an immigration procedure. So I would like some advice here. My girlfriend and I would get married and then start filing, unless there is a general feeling on this board that newly-married couples have considerably less chance to be approved for immigrant status. The processes I've been looking at are DCF and K-1. These two seem the most promising. I am in China now, and will hopefully be getting my visa renewed for at least another month or two, so we would get married in that time, and then choose one of these processes, or another if it's suggested here. The general response from agents/lawyers I've spoken with in the last week is that the wait time for American immigrant visas is not especially lengthy, not like Canada. I've been quoted between 3 and 6 months, which is reasonable. What appeals to me most about this option, however, is that proving our relationship to a consular office seems an easier task than for my girlfriend to prove that she intends to return to China after studying when she fully intends to find a job and work overseas (or we'll marry, or both). I have copious pictures of the two of us from the last year, visiting Hangzhou (at the West Lake), HeFei, Shanghai, living in our own city, and visiting with various members of her family. I have Skype and Weixin logs, and I'm hoping that I can explain my girlfriend's previous visa attempt (a tourist visa in June of this year) and her overall intent to attend school, which is my intent as well. My parents will provide sponsorship for us, and write letters offering emotional and financial support while we are in school. (In reality we will work, though.) Alternately, we'd be willing -- more willing, in fact -- to try the K-1 visa, but at least one member of this board suggested that the approval rate for the K-1 might be down recently, which makes sense. I'm trying to think if I'm forgetting anything else I could provide you all with, but I think that's it.

 

So what do you guys think?

[samcmac]

Oh I forgot to ask about the marriage itself. In terms of doing that, my understanding is I must go to the U.S. Embassy (is Shanghai ok?) and get proof that I am single. Then can we get the marriage document in our own city?

[Randy W]

Now THAT sounds like a plan! And lots of good evidence to support it.

 

Yes, you would go to the consulate for an affidavit of your single status, and simply go to the local office of civil affairs

 

To legally get married in China, you will gather the required documents and present them to the appropriate Chinese authorities. Any ceremony is optional.

 

Some example single affidavits - these are usually used stateside. The consulate may have their own form.

Chinese Embassy in Washington, D.C. - Marriage Registration in China (includes a sample single affidavit)

The one from the Embassy doesn't seem to be there anymore - this is from the Houston consulate - http://houston.china...age/jh.htm#aoss

But Visa Express gives this example - http://www.visaexpre...inglestatus.htm

Foreign-Related Marriage And Divorce In China

[samcmac]

One other question: If we register to get married here, where do I go to get my marriage visa? Can I do that at the PSB or do I have to go to Shanghai?

[Randy W]

One other question: If we register to get married here, where do I go to get my marriage visa? Can I do that at the PSB or do I have to go to Shanghai?

 

 

If you get married before your present visa expires, you can get a new one at the PSB Entry/Exit Bureau. Otherwise, they MAY be able to help you with an extension.

 

If you meant the single affidavit, I believe you can get that at any American consulate in China.

[dan1984]

One other issue to keep in mind - you said you will renew your visa to stay here in China for another 1 or 2 months. As such, I'm assuming you're on a travel visa.

 

If you go the DCF route, Randy can correct me if I'm wrong, but I believe you need to have legal residence in China - ie, a residence permit from either work or study. I don't think a travel visa qualifies for this.

 

Nevertheless, I seem to recall people successfully DCF-ing while on a travel visa, but, I'm not exactly sure of the specifics behind this.

 

Any thoughts Randy?

[Randy W]

One other issue to keep in mind - you said you will renew your visa to stay here in China for another 1 or 2 months. As such, I'm assuming you're on a travel visa.

 

If you go the DCF route, Randy can correct me if I'm wrong, but I believe you need to have legal residence in China - ie, a residence permit from either work or study. I don't think a travel visa qualifies for this.

 

Nevertheless, I seem to recall people successfully DCF-ing while on a travel visa, but, I'm not exactly sure of the specifics behind this.

 

Any thoughts Randy?

 

 

From his original post in this thread - I expect he won't have any problem qualifying for a DCF

 

I met my girlfriend a little over a year ago and we've been dating ever since. I was here teaching and taking Chinese, but I was nearing the end of my 1-year contract doing the former and preparing to return to the U.S., where I'm from. But I fell for her, and part of that I'm sure was her explaining to me that she fully planned to attend college in Toronto the following year.

 

I, reluctantly, signed on for another 6 months at my job, even though my relationship with my verbally abusive boss was devolving into something unsustainable, and she set out on the path to get her Study Visa, by taking her IELTS (she received an overall score of 6.5).

 

But in June, the situation at my job became so bad that I had to leave.

 

[dan1984]

 

One other issue to keep in mind - you said you will renew your visa to stay here in China for another 1 or 2 months. As such, I'm assuming you're on a travel visa.

 

If you go the DCF route, Randy can correct me if I'm wrong, but I believe you need to have legal residence in China - ie, a residence permit from either work or study. I don't think a travel visa qualifies for this.

 

Nevertheless, I seem to recall people successfully DCF-ing while on a travel visa, but, I'm not exactly sure of the specifics behind this.

 

Any thoughts Randy?

 

 

From his original post in this thread - I expect he won't have any problem qualifying for a DCF

 

I met my girlfriend a little over a year ago and we've been dating ever since. I was here teaching and taking Chinese, but I was nearing the end of my 1-year contract doing the former and preparing to return to the U.S., where I'm from. But I fell for her, and part of that I'm sure was her explaining to me that she fully planned to attend college in Toronto the following year.

 

I, reluctantly, signed on for another 6 months at my job, even though my relationship with my verbally abusive boss was devolving into something unsustainable, and she set out on the path to get her Study Visa, by taking her IELTS (she received an overall score of 6.5).

 

But in June, the situation at my job became so bad that I had to leave.

 

 

 

 

Ohhhh, I missed this and in considering the issue as a whole, yep, don't think there should be a problem here.

[dnoblett]

A little about college, have you checked into state colleges? What I would do would be immigrate, and once having a green-card, and resident in the state for 6 months, then check out the state colleges.

• State colleges offer lower tuition rates to residents, a green-card holder is a resident within 6 or 12 months for most states.
  • Typically to prove residence, apply for and get a state non-driver ID, or learner's permit shortly after getting the green-card and SSN
• Give you time to research education options after arriving in the states.

[samcmac]

We're hoping we'll get to the States by December, then we can spend the spring with my family and look at college options (probably Boston and New York) and apply. So hopefully by September of next year, she'll qualify for the state colleges.