Big Baby

Assuming he's not using her to obtain a green card while keeping his life in Shanghai intact, which is a big assumption (how else can you explain somebody wanting to be separated from his new wife except for semiannual conjugal visits?) ... there is the possibility that he would be denied a visitor's visa - esp. if he explained what you just explained here - and then when he applied for his married visa, he'd have to explain why he was denied. Or, if he was approved, and then got married in the US on a tourist visa, he'd have to explain this on his married visa application...how he used a tourist visa not to tour the USA but b/c he planned to get married in order to obtain a green card while maintaining a Shanghai residence. Good luck!

Assuming he's not using her to obtain a green card while keeping his life in Shanghai intact, which is a big assumption (how else can you explain somebody wanting to be separated from his new wife except for semiannual conjugal visits?) ... there is the possibility that he would be denied a visitor's visa - esp. if he explained what you just explained here - and then when he applied for his married visa, he'd have to explain why he was denied. Or, if he was approved, and then got married in the US on a tourist visa, he'd have to explain this on his married visa application...how he used a tourist visa not to tour the USA but b/c he planned to get married in order to obtain a green card while maintaining a Shanghai residence. Good luck!

Not ready for ROC yet and no desire for USC ever. Agree on the track thing though. It'll be ROC only for us; no desire at all for USC. Plan to retire to Chengdu. When has Immigration ever been fair? Laws are based on politics. Politicians today are either narrow-minded and special interest based, or else they are quickly disillusioned and leave office. Have no beef with Dream Act children caught up in politics. Most are hard-working, studious, and law-abiding, born here or arrived here through no fault of their own. They should be able to pay at least as much as the Non-Dreamers and get in back of the line behind the Non-Dreamers. But they should not have to wait 20 or 30 years. If the system wasn't so broken in the first place, their parents would have been able to legally come here and there wouldn't be any Dreamers.

Not ready for ROC yet and no desire for USC ever. Agree on the track thing though. It'll be ROC only for us; no desire at all for USC. Plan to retire to Chengdu. When has Immigration ever been fair? Laws are based on politics. Politicians today are either narrow-minded and special interest based, or else they are quickly disillusioned and leave office. Have no beef with Dream Act children caught up in politics. Most are hard-working, studious, and law-abiding, born here or arrived here through no fault of their own. They should be able to pay at least as much as the Non-Dreamers and get in back of the line behind the Non-Dreamers. But they should not have to wait 20 or 30 years. If the system wasn't so broken in the first place, their parents would have been able to legally come here and there wouldn't be any Dreamers.

After having went the K-1 route b/c lawyer advised it was faster (at the time), if I had to do it over again I would have gone the marriage route. First, you and your spouse will share the memories of this family event forever. Second, the time from date of marriage will count toward your Adjustment of Status - and you will receive your green card that much sooner.

The purpose of the K1 visa is for your fiancee to be able to marry you within 90 days of arrival and live with you in the USA as your wife. If you don't wish to live in the USA, why pay all the money and endure all the hassle? She can apply for visitor visas periodically as can other Chinese citizens. AP times vary. I applied for AP on January 21 and received it March 20 (approval date: March 15). After getting married in the USA, we applied for advance parole for my wife to be able to visit her father in the event of another hospitalization. We had waited so long for our fiancee visa that he was hospitalized for one week already. Even if you obtained advance parole, you only have something like 12 months cumulative for your beneficiary to be outside of the United States. My recommendation would be to get married there where you are living and working and planning to spend the rest of your lives. Invite some friends over there, or send them some wedding photos.

Posted is OIG contact info, as you seem to wish to go that route. Just remember: US Consulate is not a court of law, and the word "legal" does not apply. The term "Request for Evidence" ("RFE") does not mean judicial evidence. It just means that you have to persuade a person to believe you. The person (Consular Official, or "CO") you are trying to persuade is a human being. His or her feelings, beliefs, and ideas are different than that of the CO he or she is working alongside or at another Embassy in another country. They are not obligated to tell you why they ask the questions they do. "Are your parents opposed to your marriage?" is a better way to inquire about potential familial discord with consequences for marital success. They are accountable to no one, not even their own Secretary of State. Try to maintain your composure. Going off on them will just make you look like a hothead. Tick them off at you peril. The same officials you tick off are the ones who will not be removed from your case but will stand in the way of approval later on down the road - if you get that far. Best wishes on your journey.

OIG Hotline
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People should go where their heart takes them, of course. My heart took me to Chengdu. Modern Chinese cities are not poor. Beijing rivals NYC in prices! It is easier for her to be accepted to come to USA than for me to be accepted to come to China. She will try it. If she likes it, we will remain. If not, we will go. Perhaps China, perhaps another country. We don't care where, as long as we are together.

Whomever advised you to get your fiance to change his mind obviously is not a qualified marriage counselor. If you two are not in love, then you should not marry period. It is better to be happy in your own country than unhappy in another country. It is possible that you can still go through the K-1 process with the right person. Find the right person. The many people who advised you to leave the country within 90 days are all looking out for your best interests. If you do not obey the law, then you will not have another chance in the future to come here or stay here legally.

Packet 3 and Packet 4 forms are available online for download at Guangzhou IV Unit. http://guangzhou.usembassy-china.org.cn/iv_k1/k2.html
Here's how it works. When Guangzhou receives and documents the snail mail letter from NVC, they will send your fiancee a notification letter and a "Packet 3." When your fiancee completes the "Packet 3", they will do a background check, schedule an interview (if she passes the background check), and send her a "Packet 4" which she will also have to bring with her on the intake date, the day prior to interview. Before the interview (the interview is only in Guangzhou), she will have to obtain a medical examination (the form is on the "Packet 4" link above & it has addresses both in Beijing and in Guangzhou) and vaccinations (may be at separate location, my fiancee's was). Also, she will have to pay the fee for the visa application and present her receipt on date of intake (day prior to interview in Guangzhou). Timeline? I can only answer that for me. NVC sent I-797 to Guangzhou 12/15/2011. Guangzhou admitted they received it (after several contact attempts) about 3 weeks later. "Packet 3" arrived to fiancee about 2 weeks later (It took China regular post 11 days for mail to travel from Guangzhou to Chengdu). The 2 week Chinese New Year celebration halted all progress. Interview was scheduled fairly quickly, March 19 (intake) and 20 (interview). Subsequent to interview, she received "approval letter" from the Consular official & her passport was collected. After waiting another week in Guangzhou, she attempted to call the Embassy. She was told that she could not call them, only use the website. After another week of waiting for the Embassy to respond, the response was that she was going to receive a "blue letter" (soft denial = delay & further processing required) and to kindly go back home and wait for instructions. That has been going on for 6 weeks now. Every week, I contact the Embassy. I am told only that "further processing is required" and "we do not have an exact date." I don't think that our government is intentionally rude/disrespectful to Chinese immigrants (although it comes across that way), but I think that they are simply slow and inefficient. Best wishes. -Still waiting....