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Mitch0526

Quick leave after marriage

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Hopefully someone can help me with this question, but I'm sure very few have experience with my plan.

My fiance and I are planning to enter the US with her new visa on July 25, quickly get married, and then return to China, all within 3-4 weeks.

Does anyone know any trouble we will run into with this plan? I read that if she goes abroad before receiving the Adjustment of Status or Advanced Parol, she won't be allowed to get back in the US. Is it possible to begin this process and be able to continue it while in China if it takes longer than 3 weeks? I also read that if she leaves before we get either the AOS or AP, we would have to get a spousal visa the next time she wants to come again, which would be a lot of hassle.

Any help with this would be greatly appreciated.

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You will need to apply for, and receive, advanced parole before even thinking about going anywhere! 3-4 weeks is completely out of the question unless you really want to start all over with a spousal visa....

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That's just a really bad idea, I'm afraid. AP takes way more than 3-4 weeks and yes, if she leaves before her AP is in hand, she will NOT be able to return without starting all over with a spousal visa, which takes even longer than the K-1 process these days.

I do not think she can receive her AP *after* she leaves the USA -- I'm no expert but I believe you have to be in the country at the time?

I suggest you rethink your China trip, because otherwise that's ... just ... BAD.


Relationship since April 2006

K-1 Visa: I-129F filed November 6, 2012, NOA2 May 17, 2013, Interview and Approval July 24, 2013

POE San Diego, September 13, 2013, Wedding October 25, 2013

AOS filed November 19, 2013, EAD/AP received January 30, 2014, interview and AOS Approval on February 27, 2014.

ROC filed December 3, 2015, NOA1 12/4/15, Biometrics 12/31/15, ROC Approval on June 16, 2016, 10-Year Green Card received June 22, 2016.

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Detailed Timeline Below!

Relationship:
2006 April 01: Met online, music site
2007 February 20: Met in person, Finland
2007 - 2012 met several times in Finland and California

K-1 Visa:
2012 November 06: Sent I-129F (NOA1 on 11/9/2012)
2013 May 14: Contacted Congressman
2013 May 17: I-129F NOA2 Approved
2013 June 03: NVC Received (NVC left 6/6/13)
2013 June 10: Consulate Received
2013 June 13: Medical
2013 June 25: Sent Packet 3/4
2013 July 24: Interview in Helsinki
2013 July 27: Visa Received
2013 September 13: POE to USA, San Diego

AOS:
2013 October 22: SSN Received
2013 October 25: Wedding, San Marcos, CA
2013 November 19: AOS, AP, EAD sent (NOA 1 on 11/22/13)
2013 December 17: Biometrics, San Marcos, CA
2013 December 24: Online status changed to Testing/Interview

2014 January 23: Interview notice mailed (for 2/27)

2014 January 24: EAD card production, AP approval (card received 1/30/2014)

2014 February 27: Interview and Approval, GC in production (card received March 6, 2014)

ROC:

2015 December 03: mailed I-751 package

2015 December 04: NOA1 extension letter

2015 December 31: Biometrics appointment

2016 June 16: Approval - Online status changed to Document Production, mailed 6/20/16

2016 June 22: 10-Year Green Card Received, done with USCIS for a while!

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Why do you need to return to China and for how long?

There won't be any problems with leaving the USA, but she won't be able to get back in unless she

a) has a spousal visa (takes about a year to get) or

b) you wait inside the USA until she has advance parole and can travel, which currently takes around 3 months.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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If you leave without the Advanced Parole or the green card, you will need to petition for a spousal visa and all your waiting and fees will be for nothing

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Our goal of getting the fiance visa has been to be able to take her back to the States in order for my family and friends to witness us getting married. I am a university teacher in China and I am unable to be away from China for more than 1-2 months. This summer, I only have less than 4 weeks available. I am a US citizen, but we are planning on living in China for the rest of our lives. We wanted to use the visa to make short trips to visit friends and family once every year or 2 for a month or less.

I'm not sure how I missed all the information about her not being able to leave and return without the AOS or AP. After this summer, the next time we would want to go back to the US is Summer 2014 or Winter 2014-15.

Looks like I made a mistake...

Anyone have a solution....?

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The other thing you missed is that even if you/ she was able to stay until she gets the greencard, the greencard is more accurately called legal PERMANENT RESIDENCY. Ie she would need to spend more time inside than outside the USA to keep it.

What I would probably do is go ahead and get married in the US, go home to China, then have her apply for a tourist visa (which is really what you should have done in the first place). When she goes for the tourist visa interview, she should bring evidence not only of HER having ties to China (good job, owning property, elderly parents she is looking after etc), but also you, as her US citizen husband, having ties to China and not wanting to move back to the USA.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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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.

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Hopefully someone can help me with this question, but I'm sure very few have experience with my plan.

My fiance and I are planning to enter the US with her new visa on July 25, quickly get married, and then return to China, all within 3-4 weeks.

They can leave at any time....but will not be able to get back in unless they have received their AP or GC. If you leave before you adjust status, then to return they will have to have a CR-1 visa, which will take about a year to begin. Seems senseless to go through the trouble for the K-1 just to throw it all away and then have to wait a year more for the CR-1 (which they will need since they are then married.)

Does anyone know any trouble we will run into with this plan? I read that if she goes abroad before receiving the Adjustment of Status or Advanced Parol, she won't be allowed to get back in the US. Is it possible to begin this process and be able to continue it while in China if it takes longer than 3 weeks? I also read that if she leaves before we get either the AOS or AP, we would have to get a spousal visa the next time she wants to come again, which would be a lot of hassle.

Any help with this would be greatly appreciated.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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i would get married in China, since you are living there. Send a CD home or put the marriage on the internet for your friends. If and when you are going to return to the US file as married and return. Seems like a lot of money, time etc. to do it your way. K-1 is for someone planning to immigrating to the US through marriage and staying. Good Luck what ever your decision is.


In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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i would get married in China, since you are living there. Send a CD home or put the marriage on the internet for your friends. If and when you are going to return to the US file as married and return. Seems like a lot of money, time etc. to do it your way. K-1 is for someone planning to immigrating to the US through marriage and staying. Good Luck what ever your decision is.

:thumbs:


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

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

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Here's one option: I need to return to China, but what if she stays in the US and waits for the AP? It would be possible that she could wait a couple months but not beyond that. Can she get that and then enter and re-enter again? We would like to come back to the US Summer 2014. Would that be possible? I read that the AP doesn't guarantee re-entrance.

What if we tried for the CR-1 after getting the K-1 but leaving really quickly before we adjusted her status? Do the chances of getting the CR-1 or K-3 decrees if you have already done something like this?

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