Fiance doesn't live in home country

[MarkPajr 23]

Hello, I was wondering if someone could provide some advice on how this situation would affect things for the k-1 Visa. 
 

I am a U.S. Citizen by birth. My fiancé is a Chinese citizen by birth. She is currently living and working in Hong Kong since August 2016, first as a graduate student then on a work visa. She's currently in Hong Kong on a work visa but does not yet have "permanent residency" status in Hong Kong, which comes after 7 years of renewing HK Work visas. 

 

How would this affect our visa process? Would she be required to return to China to complete any interviews/file any paperwork or could everything be done from Hong Kong?

Thanks in advance

[HRQX 4,145]

6 minutes ago, MarkPajr said:

How would this affect our visa process?

How long can she stay in Hong Kong? https://fam.state.gov/fam/09FAM/09FAM050404.html "Department regulations provide that a post must accept an application from an alien physically present in the consular district even though not a resident in that district, provided the alien expects to remain in the consular district throughout the several months that it normally takes to process an application and is legally able to do so."

[igoyougoduke 1,656]

isnt Hongkong part of China ?🤔

[MarkPajr 23]

18 minutes ago, HRQX said:

How long can she stay in Hong Kong? https://fam.state.gov/fam/09FAM/09FAM050404.html "Department regulations provide that a post must accept an application from an alien physically present in the consular district even though not a resident in that district, provided the alien expects to remain in the consular district throughout the several months that it normally takes to process an application and is legally able to do so."

Her current work visa remains valid until July 2022, and she currently has a full-time career position in Hong Kong that she plans to keep until she can come here. We're trying to balance timelines delicately, planning to bring her to the US directly after she renews her visa for a final time in June 2022 which qualifies her for her Hong Kong permanent residency card allowing for dual citizenship (currently).

Thank you for that link, so based on this she could complete her visa application process at the US Consulate in Hong Kong because she will have legal status to be residing in Hong Kong through the entire application process.

[MarkPajr 23]

1 minute ago, igoyougoduke said:

isnt Hongkong part of China ?🤔

 

Common thought process is yes, but under the confusing 2 country 1 system process they have a "separate" government. I.e. she is a Chinese citizen but requires a work visa for Hong Kong. For US Citizens to visit HK, no visa is required, while crossing the border into mainland china requires a Chinese visa. Hong Kong also has separate passports and citizenship, which allow for dual-citizenship while China does not.

 

HK's political status and conflict goes much deeper, as can be observed by all of the mass protesting pre-pandemic, but we try to just focus on what will affect us directly

[HRQX 4,145]

4 minutes ago, igoyougoduke said:

isnt Hongkong part of China ?🤔

It's treated as a Special Administrative Region. It issues its own passport and controls entry from Mainlanders.

 

Mainland China residents currently apply in Guangzhou. HK and Macao residents currently apply in HK.