J-1 over, how to start K-1 but under 2yr FRR

[DModeMD 0]

I have done a lot of reading on the J-1 waiver and doing an AOS or K-1 but I am still not sure the best path in my situation so looking for some advice:

She was in the US (from China) on a J-1 for 1 year doing post graduate work. She returned to China in August '08. I suspect strongly she is subject to the 2yr FRR as she was funded by the Chinese government, received her PhD upon her return and now working in her field (education leadership - on the list). I also suspect getting a waiver will not be easy, maybe impossible since I imagine China wants their money's worth out of her. Even if she could navigate the red tape the answer would likely be NO.

If thats the case, from what I understand, the only option is to wait out the 2 yrs (yikes!), and she should not enter the US again under another J-1 or the clock will start over right?? I believe her initial J-1 was one year and has expired.

Assuming we could not get a waiver (sure would try, she has some connections...), should we start the K-1 without the waiver and at what point will it stall without the waiver? I guess it will just hang at the VSC with an RFE? So not much progress will be made in parallel to waiting out the FRR?

The bummer is she can probably get other J-1s and get decent time in the US but it only pushes out the possibility of it being permanent.

Any ideas??

Thanks!

[YuAndDan 153]

Guangzhou is a tough NUT as it is, they do like to deny K-1 visas, I have know Idea how they would react to the FRR of the J-1 visa.

You may just have to wait out the 2 years, perhaps simply going to China and marry her, and when the time comes file for a CR-1 visa instead, GUZ is less harsh with SPOUSAL visas and when showing several visits to China rather than K-Visas.

Lastly when dealing with GUZ you may want to join and research the visa process through China on "A Candle For Love" http://candleforlove.com

[payxibka 10,044]

I have done a lot of reading on the J-1 waiver and doing an AOS or K-1 but I am still not sure the best path in my situation so looking for some advice:

She was in the US (from China) on a J-1 for 1 year doing post graduate work. She returned to China in August '08. I suspect strongly she is subject to the 2yr FRR as she was funded by the Chinese government, received her PhD upon her return and now working in her field (education leadership - on the list). I also suspect getting a waiver will not be easy, maybe impossible since I imagine China wants their money's worth out of her. Even if she could navigate the red tape the answer would likely be NO.

If thats the case, from what I understand, the only option is to wait out the 2 yrs (yikes!), and she should not enter the US again under another J-1 or the clock will start over right?? I believe her initial J-1 was one year and has expired.

Assuming we could not get a waiver (sure would try, she has some connections...), should we start the K-1 without the waiver and at what point will it stall without the waiver? I guess it will just hang at the VSC with an RFE? So not much progress will be made in parallel to waiting out the FRR?

The bummer is she can probably get other J-1s and get decent time in the US but it only pushes out the possibility of it being permanent.

Any ideas??

Thanks!

USCIS does not issue visas... USCIS does not concern themselves with visa compliance......... USCIS will not send you an RFE nor "hang" your petition because of the 2 yr HRR.... The USCIS will approve the petition if approvable regardless of this situation... once approved the consulate will enforce compliance of the 2 yr HRR if applicable....

Edited October 27, 2008 by payxibka