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Travelling Back to Home Country after Immigration

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This seems like a simple question, but I still seem to have difficulties navigating around the visajourney website to find answers I'm looking for.

My Chinese wife is planning on immigrating with me to the US in June. We both live in China now. We are married and will use Direct Consulate Filing. She has some concerns that if her elderly parents become seriously ill she won't be able to go back to China to visit her parents.

Are there restrictions of travelling when you have arrived in the US? Would she apply for a tourist visa to go China when she is in the US? How long could she stay in China?

Thanks all. I love the support at visajourney.

Basics

January 10, 2011 Began Dating

January 20, 2012 Engaged

January 19, 2013 Married

Living in China

Process

Feb 19, 2019  I-130 Filed in Beijing

April 16, 2019   I-130 Approved

Awaiting Interview Information

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Filed: K-1 Visa Country: Wales
Timeline

That would depend on what country she is a citizen of, she gave up her Chinese citizenship?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Mexico
Timeline

If she enters with a spousal visa, then she will become a permanent resident upon entry. She can travel freely and re-enter the US as a LPR.

As for how long she can stay.. she would need to maintain her permanent residency and if she ever needs to be out of the US for longer than a year, she should file for a re-entry permit, not advance parole. http://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: AOS (pnd) Country: China
Timeline

This seems like a simple question, but I still seem to have difficulties navigating around the visajourney website to find answers I'm looking for.

My Chinese wife is planning on immigrating with me to the US in June. We both live in China now. We are married and will use Direct Consulate Filing. She has some concerns that if her elderly parents become seriously ill she won't be able to go back to China to visit her parents.

Are there restrictions of travelling when you have arrived in the US? Would she apply for a tourist visa to go China when she is in the US? How long could she stay in China?

Thanks all. I love the support at visajourney.

I assume she's a Chinese citizen, then she certainly would not need a tourist visa (from China)

to go back to China. KDC answered your question on her ability to return to US.

10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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Filed: Lift. Cond. (apr) Country: China
Timeline

To visit her parents in China:

If she is a Chinese citizen (i.e., still has a valid Chinese passport), and is a US permanent resident (LPR); she will need her valid Chinese passport to enter China, and her valid Green Card to gain re-entry to the US. As a LPR, generally, her length of stay in China cannot exceed 180 days, otherwise USCIS may consider the LPR status abandoned.* (*Review KayDeeCee's link for further specific details.)

If she is a US citizen, she will need her US passport with the appropriate Chinese visa attached (obtained prior to the intended visit). the authorized length of stay is stated on the Chinese visa. Check with the PRC embassy/consulate located near you for more details.

Good luck on your journey.

Edited by A&B

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Thanks All. You answered my question. She will most likely stay a Chinese citizen for a while especially if it gives her easy access to get back to China. We haven't thought that far down the road. She is much more attached to her parents than China itself.

Basics

January 10, 2011 Began Dating

January 20, 2012 Engaged

January 19, 2013 Married

Living in China

Process

Feb 19, 2019  I-130 Filed in Beijing

April 16, 2019   I-130 Approved

Awaiting Interview Information

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My wife had an additional question. When she returns to US after being in China for a while, what is the minimum about of time she needs to stay in the US?

Basics

January 10, 2011 Began Dating

January 20, 2012 Engaged

January 19, 2013 Married

Living in China

Process

Feb 19, 2019  I-130 Filed in Beijing

April 16, 2019   I-130 Approved

Awaiting Interview Information

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Filed: Country: Vietnam (no flag)
Timeline

My wife had an additional question. When she returns to US after being in China for a while, what is the minimum about of time she needs to stay in the US?

There is no set minimum time.

A green card is for living in the US. The general rule of thumb is that one should spend more time at home rather than time abroad.

Google "maintaining legal permanent residency."

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