Justjake

My wife had her interview earlier this month, a few days after the consulate opened, and she was accepted.  Currently she is waiting for her Visa.  
From what I understand, Hong Kong will open its borders on August 6th.  
It is much cheaper to fly out of Hong Kong than mainland China.
Can anyone offer any information from what they've heard?
Would she have to quarantine in Hong Kong for two weeks before flying out?
 

Are the answers to questions asked during an interview written down or noted when the question isn't on the application?
Example, if she is asked how much she makes a year, is that documented for later reference, and can a request of those notes be made?

Are the answers to questions asked during an interview written down or noted when the question isn't on the application?
Example, if she is asked how much she makes a year, is that documented for later reference, and can a request of those notes be made?

And that is my question, how is it addressed?

My goal is to use every bit of information available to me to complete this process without rolling over and playing dead.  
If I can be frank for a moment, I am not the type of person that will take the word of people on a forum as gospel.  I will use whatever collective knowledge that has been gleamed from everyone's experiences and roll my own experience with an effort that is the most beneficial to me.  I would like to hear from those that say "how this can be done" instead of hearing from those that say "this can't be done".
I appreciate your input in this, and I place value on your words, they are not falling on deaf ears.   But if you feel like you are talking to a wall,  I will understand if you don't wish to contribute any more.  

Here we go again:
 
Options are:
 
They ignore the past lie and issue a visa (possible but unlikely
 
They acknowledge the lie and require a waiver
 
The issue a RFE for the Divorce Certificate
 
The last one is what I have seen happen but no idea how representative this is.

Well, I thank you for that.  As I mentioned before, i want to be able to contribute to the forum, and perhaps this bit of information that we lack will be my contribution when I get to that bridge and cross it.  
Carry on, as you were.

Well, unless an experienced attorney has better advice, we might never know until he files....and waits for the fallout....

I wish there was a more clear response to answer it, but I simply don't have one nor can point to a case where (a good) one  has been provided.
I do wish you luck together, though...I understand how rough it must be. I don't condone what she did by any means at all, but it does put you both in a difficult position now and my heart does go out to you both.

I guess each state is different.  Ours has certificate of divorce judgement.  Good luck.  Make sure to take lots of pictures of wedding ceremony and with her family, relative, friends, and her. 

It is indeed a doozy.  I agree wholeheartedly with your post.
I will not make things worse by creating fake divorce documents.
There is no way possible to provide a divorce document.  I understand that a divorce document is needed in order to address the issue of her saying she was married on the DS-160. 
In general, aimed at no one in particular:
Telling me that I need to produce a document serves no purpose as a document cannot be produced.  Telling me to produce something that can't be produced is about as useful as a rubber crutch.
I understand the severity of the situation.  I would rather be told that I am up a creek without a paddle, than to be told to procure something that can't be procured.  
I am a big boy, and I can handle being told I'm screwed, I don't need to have things sugar-coated.
With that being said, I can't imagine that I am the only one in the world that has had this sequence of events unfold like this.  I am not that unique.
I welcome any brainstorming ideas on how to address this.  I understand that the application will be denied.  I understand that I will have to file a waiver of inadmissability.  I understand that the waiver may be denied.  I very well may have to move to China to be with her. But in the meantime I don't want to leave any stones unturned, no different avenues examined. 
 
 

It is indeed a doozy.  I agree wholeheartedly with your post.
I will not make things worse by creating fake divorce documents.
There is no way possible to provide a divorce document.  I understand that a divorce document is needed in order to address the issue of her saying she was married on the DS-160. 
In general, aimed at no one in particular:
Telling me that I need to produce a document serves no purpose as a document cannot be produced.  Telling me to produce something that can't be produced is about as useful as a rubber crutch.
I understand the severity of the situation.  I would rather be told that I am up a creek without a paddle, than to be told to procure something that can't be procured.  
I am a big boy, and I can handle being told I'm screwed, I don't need to have things sugar-coated.
With that being said, I can't imagine that I am the only one in the world that has had this sequence of events unfold like this.  I am not that unique.
I welcome any brainstorming ideas on how to address this.  I understand that the application will be denied.  I understand that I will have to file a waiver of inadmissability.  I understand that the waiver may be denied.  I very well may have to move to China to be with her. But in the meantime I don't want to leave any stones unturned, no different avenues examined. 
 
 

Thanks for the clarification.  
I think that this thread is a little long in the tooth.  
Recap:
Fiancee in China.
Fraudulent Visitor Visa.
Decision to marry in China during visit next year.
Fiancee will not travel to US anymore on fraudulent Visa.
Lawyers being interviewed.
Current path is I-130 followed by I-601 if required.
Will continue posting to new thread about specific questions (questions about I-130 which may not be resolved by a Google search)
 
Hat tip and thanks to all that have contributed, much appreciation. 

In some circumstances it can be safely assumed that if a certain event had occurred, evidence of it could be discovered by qualified investigators. In such circumstances it is perfectly reasonable to take the absence of proof of its occurrence as positive proof of its non-occurrence.
The claim of being married can be dismissed as there is no evidence that the marriage exists, other than a statement that it exists.  A statement in and of itself is not enough to be considered factual just because it has been stated.  There would need to be factual evidence that proves the statement of the fact.

Honestly, I strongly recommend getting a lawyer. Making a mistake here can make a bad situation much worse. I would love to say you should be able to explain the situation to the CO and he will understand (trust me, we do) and offer some forgiveness like they do in Korea. This is just a bad time for immigration. A good lawyer will help more than we could. I really do hope there is a way. You seem to be a very good person and you have been very good at not fighting with some of the comments here. I hope there is a way but there is also that part of me that feels like the fraud kind of hurts us all. We certainly can’t condone it but we understand why it happened. I think you may be up the creek but there is a paddle. Don’t give up but also don’t think this is just going to go away. I am on your side 100%. Hopefully the lawyer will have a plan. Maybe admit the fraud and negotiate it down to a 3 year ban. I’ve seen bans get reduced. 

Wow, this thread exploded in a few hours, thanks to everyone that replied.
I have told my fiancee that she should not use her tourist visa any more. No more fruit from a poisoned tree.

After reading here, and discussing with a lawyer briefly, the decision to get married in China when I visit her next year is the course of action we will be taking.
After that, an I-130 will be filed.
The current application will be answered truthfully.  I have been married previously, and am able to provide a divorce judgement, and that she has not been married.
If and when they compare the application to her visitor visa paperwork and see the descrepency, she will be forthcoming and honest, taking ownership of the fraud, and not blaming the agency she used, as it is indeed her signature at the bottom of the paper.
The result of that will of course end up with a ban, and at that point we would start an I-601 waiver.  I am not sure how I can prove extreme hardship, as I am fairly fit and self supporting.  
 
Is there a part of me that hopes it goes through without them checking? Sure there is.  But I know enough to not make it worse by digging the hole deeper with more fraud.  Some of the questions i ask may be contrary to that, but that is only because I don't know what I don't know, and the only way I can know is by asking, and all the great volunteers here clarifying and answering the questions.

When she first brought up the idea, I had the wherewithal to say that we should do this on the up and up, and that not being honest can only cause more issues.  I glad she agreed with my assessment, but as i mentioned before, I am looking at what can be done, and that's why I mentioned it to the forum, as you all have the experience.  
Thank you for reminding me to stay on the straight and narrow, I believe that this is a path worth doing properly. 
This week I plan on submitting the I-129 and get everything going. 

Certainly. We married in Taiwan and made our home there until we then decided to return to the US in early 2016.....I then re-established domicile here and filed for my wife's CR-1.......and the rest is history......

I just talked with a lawyer and he recommended that we get married in China, and then start a marriage visa. 
Given the complexity of the visitor Visa fraud, does this seem like a viable solution?
Also, if it is viable, would she still be able to come on visit on her tourist visa during the process?

yes

Well, if the lawyer is able to properly address the previous information on record with the CO...just be truthful from this point forward and let the chips fall where they may.  Wish you luck.

It was a thought that crossed my mind while doing various searches and seeing the results being returned.  Had I thought it through before asking here, the conclusion I would have come to is that because it was obtained fraudulently, that it would be best to not utilize the tourist visa.

Much worse and more complicated.  Lies compounded with lies never work out well.  And what you suggest is touching upon visa fraud, since technically she would be "marrying" and "divorcing" the other man only so that she is eligible to marry you.  If she's willing to enter into a false marriage with the first guy, the automatic presumption may be that she's entering into a false marriage with you later on solely for immigration benefits.
 
And, as mentioned above, the dates would be retro-active when compared to everything else on record.
 
You said earlier that she has proof of never being married....if she's eligible to do the waiver later on, then go with that proof.

When she first brought up the idea, I had the wherewithal to say that we should do this on the up and up, and that not being honest can only cause more issues.  I glad she agreed with my assessment, but as i mentioned before, I am looking at what can be done, and that's why I mentioned it to the forum, as you all have the experience.  
Thank you for reminding me to stay on the straight and narrow, I believe that this is a path worth doing properly. 
This week I plan on submitting the I-129 and get everything going. 

When she first brought up the idea, I had the wherewithal to say that we should do this on the up and up, and that not being honest can only cause more issues.  I glad she agreed with my assessment, but as i mentioned before, I am looking at what can be done, and that's why I mentioned it to the forum, as you all have the experience.  
Thank you for reminding me to stay on the straight and narrow, I believe that this is a path worth doing properly. 
This week I plan on submitting the I-129 and get everything going.