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Filed: K-1 Visa Country: China
Timeline
Posted

Well, it turns out I am in an unlucky situation with the 2 year home stay rule, and she will be considered ineligible to receive the waiver for the rule. I am considering moving to China for a year to wait out the home stay rule, but I am unsure how to go about doing this.

I am hoping someone on this forum has ran into a similar situation, and has only moved temporarily. I do not want to renounce my citizenship to the U.S. I just want to be able to spend a year with my fiancee, wife come this January, instead of having to be apart for that time.

Is the only real way to go about this getting a company to sponsor me basically? or are there other methods that I may be able to use, so I can continue to stay in China without having to worry about renewing visas constantly or being deported...

I appreciate your help, and look forward to your ideas.

Thank you

Jacob

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

Check out why she is not eligible for J-1 waiver. It is a very important!!!! It will determine whether she would be eligible for waiver in the future!! Also you need to know two-year homestay is aggregated!!!

Although she is not eligible for waiver now, you still can try to apply for K-1 visa for her and get married in USA if she gets K-1. The possibility to get K-1 is little but not zero!!! No try, no hope!!

If she does get K-1, after you get married, you can start to work on J-1 waiver if she becomes eligible! If she has to leave USA since her visa expires before everything works out, you can apply China visa which is valid with multiple entries for two years. It will allow you company her in China legally.

If she does not get K-1, you still can apply for China L visa which is available for one/two/multiple entries for half year and one year. It will also allow you company her in China legally.

Another way depends on whether she has a chance to go back USA for study as F-1 student. F-1 student visa is non-immigration visa which is not affacted by her previous J-1 visa or whether she has waiver or not. If there is a plan to study in USA at F-1, make sure do not get married before she gets her F-1 visa and enters USA. She can start to work on J-1 waiver if she becomes eligible after she arrives in USA!

Hope it helps. Remember there are many roads to ROMA!!! Positive view and hard work with lots of patience!!

 
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