US Immigration from China

A friend of mine has asked me how she could bring over her son to continue advanced education in the US. I explained F-1 basics to her and suggested he work on his English in China right now. Currently he has a BS in Civil Engineering (BSCE) from Guangzhou University. He would like to get a MSCE or a System engineering degree MSSE in the US and extend the F-1 under an OPT for up to 4 years while working for a US company. I think I basically understand all of that.

I have read that current US policy is not to extend an F-1 to a Chinese student who has worked on Chinese military projects OR gone to certain educational institutions in China that are rated as risks (I assume for technology theft). However, I cannot find a list of these universities that disqualify one for an F-1 ... and, believe me, I've searched for several days.

Does anyone know how to access the aforementioned list? Of course I want to see if a BSCE from Guangzhou University would be disqualifying.

Thanks!

Jim

Hello again. Had a few follow up questions since my last post.

My partner and I decided to proceed with the online marriage. We filled out the online marriage certificate but I think we may have messed up the form for his current address since we had to translate it from a Chinese address to an English address. Instead of putting the district on the "Address" line, we put it on the "State/Province" line, and then put Beijing for the city. I think the "correct" way of doing it would be to put the district on the address line and Beijing on BOTH the State/Province and City line, since it appears Beijing is both a city and a province. All the information is there, it may just be in slightly incorrect boxes. I was wondering if this would cause any problems with the marriage ceremony or if it is okay to keep it as is. The physical certificate will be mailed to my US address, and that has no issues.

I had some other questions regarding the CR1 process -

1. I read the guide and it said that after receiving the second NOA, my significant other will receive a packet of forms to fill out. Since my SO is located in China, does that mean that they will ship it abroad to him? It also seems like the I-864 form is sent in this packet, but I (the petitioner) live in the US. Does that mean after he receives the packet in China, he will have to mail it to me and then I fill it out and send it out from America? It just seems like a lot of back and forth mailing between my partner and I since we do not live in the same country. In addition, after completing the packet, where will my partner have to send the information to? Would it be back to the US or to the US consulate in his country?

2. It seems like there are a number of pre-interview forms that may be requested to be sent. However, it seems like many of these forms want the original version. How do we know who will be expected to send what. If my partner is in China and he gets requested to send in my original birth certificate - does that mean I will need to send him my certificate from the US and then he send that over? Similarly to the tax forms for the previous 3 days. It just seems like there may be a lot of delays. Is there a way for us to prep for this ahead of time?

3. Similarly to the previous question, the guide says that for the interview, he will be expected to bring copies of various tax forms/birth certificates/passport/etc. How can we prepare for this accordingly? Is he expected to be holding onto my passport until he gets the interview? How can I get him an extra copy of my birth certificate? Do I need to mail him my tax records since there will probably be 2022, 2023 tax forms by the item he gets invited?

4. Lastly, to prove a bona fide marriage, do we need to send in original copies of boarding passes and tickets, or can scanned copies/receipts of tickets work? In addition, since my partner and I chat in both English and Chinese, for any chatlogs - are translations highly recommended?

Thank you for the help!

Hello,

To provide some background - Me (25, USA) and my partner (29, China) are looking to soon start the process for a CR1 visa. Our plan is to marry through Utah's online marriage and then consummate the marriage by meeting in another country as travel right now is fairly strict in China still.

I had a few questions regarding the consummation process though. I understand that with the initial application packet with the I-130, it is important that we also submit evidence of a bona fide marriage. In regards to that, how do we prove to USCIS that we have met after the marriage and have consummated the marriage? Is it just something like a plane ticket that is dated after the marriage? The reason I ask that is that I understand it takes over a year for the I-130 packet to be reviewed. If this is the case, could my partner and I get married in December. Submit the application by January 2023, and have a plane ticket attached that shows intent to meet to consummate prior to say January 2024 before they review the application? Because by then, we would have met and the marriage would be consummated. The reason we are thinking of this method is due to the destabilizing conditions in China at the time, and we want to submit our application ASAP - however, it is fairly hard to find a time to meet within the next month or two due to our conflicting timelines. If this is not the case, please let me know how to best provide proof of consummation.

My second question is regarding sponsorship. Currently, I am a medical student, which means that I will not get paid for another 3ish years. Once I graduate and go into residency, I should be able to make above the 125% poverty guideline for a household of 2. However, prior to that, I will need a co-sponsor.

Originally, my plan was to ask my father to co-sponsor us, but after reading the conditions for co-sponsorship, I have a few concerns.

It reads that the co-sponsor would be responsible for the beneficiary for a total of 10 years - during this time, my father would need to provide proof of income/assets and any change in location.

My dad is approaching retirement age, so he might retire within the next few years. I believe his assets would allow him to stay over the 500% of the poverty income line, however my major concern is that my dad may try to relocate to another country (specifically Taiwan) after retirement. How would this impact our sponsorship application?

I don't think he would be relocating immediately, so I'm probably safe for the next few years, but I would say the chance of him moving in the next 10 years is pretty high. Is there a way, say after I graduate and start actually making money, that I will be able to sponsor my partner without the involvement of my father - or is he essentially trapped in the country for the next 10 years until the co-sponsor time period ends?

Thank you for the help!

Since so many people are going through similar ordeals, are there other legal routes people are aware of that they can share to expedite the process?

I looked into filing an expedite request under humanitarian grounds with USCIS, but there's $2500 fee. It just seems outrages considering we've already paid and we've already waited 13 months.

I know everyone says not to have the fiance come on a tourist visa and get married, but I've got half a mind to invite her with the express purpose of getting married and being upfront about it. I will tell the officer that we tried to do things the legal way, but due to circumstances outside our control, the situation became untenable and they forced our hand. It's unethical for the US government to keep us apart for so long. Moreover, my fiance is in China under increasingly anxiety causing, suppressive conditions. With the deteriorating US/China relationship and the impending Taiwan war, we worry a time might come soon that she will not be able to leave. Lastly, the fee unfairly discriminates against less wealthy couples.

We don't have the money for the expedite fee, but any thoughts on if this argument would hold up? I know how naive it might sound, but we're feeling desperate.