K1 visa possibility

[BubblyJoe 0]

Hello,

I am a U.S. citizen asking a visa question on behalf of my fiance that lives in Nanjing (and is from Hunan province).

She returned to China earlier this year, voluntarily expiring and leaving early to do her dissertation for PhD at Nanjing university.

Being under the J1 visa that has now expired, it is our understanding that she has to stay in china for 2 years under a residency period. See restrictions: (https://travel.state.gov/content/travel/en/us-visas/study/exchange.html)

However I would like her to apply and see if she could do a K1 visa. Under the K1 visa page, I do not see any inelegibilities (https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#12). Specifically section 212(e).

In addition to this information she has a CSC scholarship that may affect her status (not too sure on this), unless she pays it off before applying for a visa.

I was wondering if you could help me clarify the laws on if it's possible in her sitaution to get approved for a K1 visa after having the J1 visa and a CSC scholarship.

 

If it doesnt work, I think she will just apply for J1 again. There is a researcher that wants to work with her back in the U.S.

Thanks!

Trevor

[OldUser 6,998]

She cannot adjust status if she's subject to 212e and hasn't completed 2 years at home. Adjustment of status is part of immigration process after coming on K-1. No adjustment = no green card.

[OldUser 6,998]

How long has she been home in China now after J1 programme finished? If she competes 2 years before interview for K-1 she wouldn't have any issues.

Also, why fiance and not marriage route?

[powerpuff 6,744]

*** Thread moved from Progress Reports to Process & Procedures ***

[BubblyJoe 0]

On 11/21/2024 at 9:02 AM, OldUser said:

She cannot adjust status if she's subject to 212e and hasn't completed 2 years at home. Adjustment of status is part of immigration process after coming on K-1. No adjustment = no green card.

 

Ya that's what I figured. It just sucks if she does end up having to wait 2 years. She is going to reapply for short term J1 visa next year. Hopefully she gets approved.

 

On 11/21/2024 at 9:10 AM, OldUser said:

How long has she been home in China now after J1 programme finished? If she competes 2 years before interview for K-1 she wouldn't have any issues.

Also, why fiance and not marriage route?

 

6 months now she has been in China now. I went last month and visited her in China and traveled. While I was their I proposed to her. I was a little slow to propose because I am indecisive and don't take this big decision lightly.

 

The beginning of our relationship was much more uncertain and slow due to cultural differences and maybe some stress at her work. We have grown a lot closer over the last 2.5 years.

[aa1988 0]

2 hours ago, BubblyJoe said:

 

Ya that's what I figured. It just sucks if she does end up having to wait 2 years. She is going to reapply for short term J1 visa next year. Hopefully she gets approved.

 

 

6 months now she has been in China now. I went last month and visited her in China and traveled. While I was their I proposed to her. I was a little slow to propose because I am indecisive and don't take this big decision lightly.

 

The beginning of our relationship was much more uncertain and slow due to cultural differences and maybe some stress at her work. We have grown a lot closer over the last 2.5 years.

If you start today preparations for your I-129F, when do you think you will be ready to apply?

 

Do not apply for J1 anymore

[BubblyJoe 0]

2 hours ago, aa1988 said:

If you start today preparations for your I-129F, when do you think you will be ready to apply?

 

Do not apply for J1 anymore

 

I could do it today. But I thought she can't get K1 because of J1 residency period (212e), unless she does J1 waiver first which takes forever. So i thought there was no point in applying for I129F.

 

Also, the longer she stays over there, the less she has to pay back for CSC, but this matters much less. She can pay it off, but prefers to just reside their for now to pay off CSC.

[OldUser 6,998]

Well, but her getting another J1 won't solve issues with 2 year rule and ultimately residence in the US.

[aa1988 0]

On 11/24/2024 at 1:09 AM, BubblyJoe said:

 

I could do it today. But I thought she can't get K1 because of J1 residency period (212e), unless she does J1 waiver first which takes forever. So i thought there was no point in applying for I129F.

 

Also, the longer she stays over there, the less she has to pay back for CSC, but this matters much less. She can pay it off, but prefers to just reside their for now to pay off CSC.

I almost want to say that she would be able to get a "K1-visa", but not adjustment of status... Which comes later after she makes it to the US on the K1 visa.  I am thinking of using the time you wait for the I-129F and the K1 to be processed can also count towards the post-J1 period?  If you can be certain with that piece of information, I think it would be plenty of help.

 

The bottom line, do not use the J1 again for her because that's going to reset the clock and it would not help your case.

[SalishSea 17,970]

On 11/20/2024 at 1:11 PM, BubblyJoe said:

Hello,

I am a U.S. citizen asking a visa question on behalf of my fiance that lives in Nanjing (and is from Hunan province).

She returned to China earlier this year, voluntarily expiring and leaving early to do her dissertation for PhD at Nanjing university.

Being under the J1 visa that has now expired, it is our understanding that she has to stay in china for 2 years under a residency period. See restrictions: (https://travel.state.gov/content/travel/en/us-visas/study/exchange.html)

However I would like her to apply and see if she could do a K1 visa. Under the K1 visa page, I do not see any inelegibilities (https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#12). Specifically section 212(e).

In addition to this information she has a CSC scholarship that may affect her status (not too sure on this), unless she pays it off before applying for a visa.

I was wondering if you could help me clarify the laws on if it's possible in her sitaution to get approved for a K1 visa after having the J1 visa and a CSC scholarship.

 

If it doesnt work, I think she will just apply for J1 again. There is a researcher that wants to work with her back in the U.S.

Thanks!

Trevor

Would make NO sense to repeat the J with the residency requirement.   You’ll just be in the same boat again.

[BubblyJoe 0]

On 11/24/2024 at 9:04 AM, OldUser said:

Well, but her getting another J1 won't solve issues with 2 year rule and ultimately residence in the US.

 

On 11/26/2024 at 7:12 PM, SalishSea said:

Would make NO sense to repeat the J with the residency requirement.   You’ll just be in the same boat again.

We can get married in the U.S. when she comes back on short term J1 visa. Then she can readjust her status. First J1 waiver. Then road to green card.

 

I am slightly worried that i might come up in the J1 interview process and that she doesnt have enough real connections back to her home country when she is applying for this short term J1 visa. She does have real research opportunities in the U.S. as a recent phD graduate and networking at a top notch U.S. laboratory.

 

On 11/25/2024 at 5:21 PM, aa1988 said:

I almost want to say that she would be able to get a "K1-visa", but not adjustment of status... Which comes later after she makes it to the US on the K1 visa.  I am thinking of using the time you wait for the I-129F and the K1 to be processed can also count towards the post-J1 period?  If you can be certain with that piece of information, I think it would be plenty of help.

 

The bottom line, do not use the J1 again for her because that's going to reset the clock and it would not help your case.

From our understanding, the only way she can come to the U.S is with J1 visa or J1 waiver IF we don't want to wait the full 2 years on the J1 home residency requirement. And she found out she can only do the J1 waiver while in the U.S. (and it takes 9 months to process).

 

If she waits the full 2 years, then we can just do K1, but that will be June 2026. But That's so far away 😢 

 

I think her understanding of the visa process is likely more in depth than mine, because I'm a us citizen and there are many people in China that come to the U.S. on visas and much more discussion online. There is a university staff that even helps students with visas and she spoke with them as well.

 

 

[aa1988 0]

13 hours ago, BubblyJoe said:

From our understanding, the only way she can come to the U.S is with J1 visa or J1 waiver IF we don't want to wait the full 2 years on the J1 home residency requirement. And she found out she can only do the J1 waiver while in the U.S. (and it takes 9 months to process).

 

If she waits the full 2 years, then we can just do K1, but that will be June 2026. But That's so far away 😢 

 

I think her understanding of the visa process is likely more in depth than mine, because I'm a us citizen and there are many people in China that come to the U.S. on visas and much more discussion online. There is a university staff that even helps students with visas and she spoke with them as well.

 

 

I would not do J1 again.  I would apply for K1.  By the time she gets the K1 and comes here and starts the adjustment of status, the 2 year ban would be over with because you already finished a few months before you even started. 

 

She has been in China for 7 months at this point... before you even start. 

I would start the K1 process... Say that takes 10 months to finish... get that done first. 

Then she will have the K1 visa which will expire 6 months after the medical exam.

 

That is a total of 23 months... She can come here... Get married to you after 1 month... and apply for adjustment of status, which would be at 24 months.

 

 

 

That's how I would do it.

Edited December 18 by aa1988

[Ontarkie 14,311]

On 12/17/2024 at 10:17 AM, BubblyJoe said:

 

We can get married in the U.S. when she comes back on short term J1 visa. Then she can readjust her status. First J1 waiver. Then road to green card.

 

I am slightly worried that i might come up in the J1 interview process and that she doesnt have enough real connections back to her home country when she is applying for this short term J1 visa. She does have real research opportunities in the U.S. as a recent phD graduate and networking at a top notch U.S. laboratory.

 

From our understanding, the only way she can come to the U.S is with J1 visa or J1 waiver IF we don't want to wait the full 2 years on the J1 home residency requirement. And she found out she can only do the J1 waiver while in the U.S. (and it takes 9 months to process).

 

If she waits the full 2 years, then we can just do K1, but that will be June 2026. But That's so far away 😢 

 

I think her understanding of the visa process is likely more in depth than mine, because I'm a us citizen and there are many people in China that come to the U.S. on visas and much more discussion online. There is a university staff that even helps students with visas and she spoke with them as well.

 

 

This plan is outright fraudulent. She cannot use a new J1 to avoid her 2yrs residency requirement or use the J1 with intent to adjust her status. That is outright fraud and against the TOS of this site.