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 6,628]

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 6,628]

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?