Advice Please: Immigration visa denied pending evidence. American petitioner for my Chinese wife

[Just Paul 4,595]

9 minutes ago, Nezikim said:

Im a teacher so I have to sign 1-2 year contracts, this is a 2 year process. 

Your work choices aren't the US Government's concern.

[arken 4,197]

Now i see crystal clear why the CO refused the visa. Imagine your wife replying the same way to the CO about your travel plan. You are the sponsor/petitioner and you are not abiding by the rules.

 

15 minutes ago, Nezikim said:

how am i supposed to have known when things would come through while this whole process stood stagnant for 8 months. Im a teacher so I have to sign 1-2 year contracts, this is a 2 year process

The immigration doesn't care about what you do, all it cares about is you have to have a plan to move to US, not temporarily. Unless you do so, no visa for the beneficiary.

 

15 minutes ago, Nezikim said:

Just about 2 weeks ago? She can travel ahead of me, She is a housewife right now. Our initial plan was to get the visa and then move after one of us found work. If I walk out and break a work contract it is hard to find a following job, this should be an undue hardship shouldnt it?

She cannot immigrate to the US ahead of you. Either you move to US ahead of her or with her.

 

15 minutes ago, Nezikim said:

Initially yes, We have to find work. Teacher hiring schedules are very specific

Like I said, your move to the US cannot be temporary. You want your beneficiary to immigrate, you have to abide by the immigration rules.

Edited June 22, 2021 by arken

[Lemonslice 4,851]

US job offer?  End of foreign employment letter/certificate/contract (not sure what you have)

Lease? New one in the US/end of lease in China.

Insurance quotes/policies?

Moving companies quotes?

School registration, if you also have children.

---

Anything that would demonstrate that you intend to move back to the US, before, or shortly after, your spouse get her immigrant visa.

Edited June 22, 2021 by Lemonslice

[pushbrk 12,898]

9 hours ago, D-R-J said:

I’m not sure I understand your circumstances, but this line might lead me to believe that you are returning to China to work after you drop your wife off in the US over the holiday. If that’s the case, maybe they picked up on that and that’s why they are worried about domicile.

Exactly my thought.  You don't need a long break from your current job, in order to relocate to the USA.  You would resign the new job before leaving and find a new one in the USA.  THIS appears to be the problem with domicile.  They think your evidence means nothing, if there's actual testimony under oath from your wife that contradicts your "evidence" and written statement.

 

Solution is to actually HAVE an GENUINE intention to live together in the US from this time forward.  If you don't, then you're not ready for an immigrant visa.

[Nezikim 1]

so I think we've come to a solution. We just might get a consultation from a lawyer. I am planning to not renew my work contract after this school year which means we will be moving to the US without an ensured job. I will apply for teaching positions and am in the process of getting my teaching certificate recognized in the state I claim as domicile. We have enough money saved up to live reasonably until one of us finds work but we will plan to move July of 2022 I think. I will inform my school of my resignation when they do contract checks in December and start looking for new teaching positions from that point on and hopefully a skype interview will be fine. I would like to imagine (though i have no reason to believe this) that a person who has worked as a teacher in international schools will give me competitive credentials. I know none of you are lawyers or responding as true legal advice but does sound like a feasible plan?

[arken 4,197]

35 minutes ago, Nezikim said:

so I think we've come to a solution. We just might get a consultation from a lawyer. I am planning to not renew my work contract after this school year which means we will be moving to the US without an ensured job. I will apply for teaching positions and am in the process of getting my teaching certificate recognized in the state I claim as domicile. We have enough money saved up to live reasonably until one of us finds work but we will plan to move July of 2022 I think. I will inform my school of my resignation when they do contract checks in December and start looking for new teaching positions from that point on and hopefully a skype interview will be fine. I would like to imagine (though i have no reason to believe this) that a person who has worked as a teacher in international schools will give me competitive credentials. I know none of you are lawyers or responding as true legal advice but does sound like a feasible plan?

This sounds more like a career plan than an immigration plan. You can do whatever you want career wise. Immigration wise, it's simple - You plan to move to the US permanently. Then provide the supporting documents per 221g refusal notice or make a new appointment for the interview if needed.

[SusieQQQ 11,586]

5 hours ago, Nezikim said:

so I think we've come to a solution. We just might get a consultation from a lawyer. I am planning to not renew my work contract after this school year which means we will be moving to the US without an ensured job. I will apply for teaching positions and am in the process of getting my teaching certificate recognized in the state I claim as domicile. We have enough money saved up to live reasonably until one of us finds work but we will plan to move July of 2022 I think. I will inform my school of my resignation when they do contract checks in December and start looking for new teaching positions from that point on and hopefully a skype interview will be fine. I would like to imagine (though i have no reason to believe this) that a person who has worked as a teacher in international schools will give me competitive credentials. I know none of you are lawyers or responding as true legal advice but does sound like a feasible plan?

Planning to move July 2022 is probably fine for the US consulate as long as you don’t plan to get your wife a visa before January 2022.

[pushbrk 12,898]

5 hours ago, SusieQQQ said:

Planning to move July 2022 is probably fine for the US consulate as long as you don’t plan to get your wife a visa before January 2022.

Correct.  Don't know why you would need an attorney for this plan.  Just notify the Consulate in Guangzhou that you are still seeking the visa, but would like to delay it's issue until 2022.  Explain why, just like you did, indicating your plans regarding teaching.

 

It's still beyond me why you don't plan to resign when the visa is issued, or resign before it expires.

[Nezikim 1]

12 hours ago, pushbrk said:

It's still beyond me why you don't plan to resign when the visa is issued, or resign before it expires.

Because if i leave early I cannot get documentation from the school I worked at verifying my years worked for the purposes of pay. Losing 5 years of verified employment doesn't sit well. I also need to renew my teaching certificate this year and If I bail i definitely wont get the paper work filled out i need for foreign teaching credit.

[Nezikim 1]

I appreciate everyone's insight and have decided we need to consult an attorney to make sure we don't screw up. Thank you all.

[pushbrk 12,898]

9 hours ago, Nezikim said:

Because if i leave early I cannot get documentation from the school I worked at verifying my years worked for the purposes of pay. Losing 5 years of verified employment doesn't sit well. I also need to renew my teaching certificate this year and If I bail i definitely wont get the paper work filled out i need for foreign teaching credit.

Then don't be surprised if you have to start over.  I think that can be avoided but yours is a unique situation.

[wxman22 109]

All the above advice is spot on. 

 

I was in a similar situation in that I was happily living in Vietnam.  

I filed the K1 six months after meeting my wife to be. But by then I understood that I  would need to be living in the USA on a permanent basis as part of the K1 and AOS process.

So I pushed my overseas living plans 5 years down the road.

And I was able to show that I had ties in USA by returning 3x a year.

 

Now, simply put, it's your job or K1.

 

Sounds like you would be better off getting married and applying for CR1(?).

THAT'S cheaper too in the long run and will give you a year to plan ahead.

 

On a somewhat related topic,  English teachers quit all the time with little notice. It won't hurt you unless you make a habit of it, but since you will be in the USA,  it's a moot point. (And in sure the Counselor Officer thought of exactly that).

 

Good luck. Read this forum on the married visa option before you do anything else.

Don't hire a lawyer, more useful to burn the bills during Chinese New Year.

 

Good luck