Return to home country after marriage for work until retirement

[timcastleman 6]

My Fiance' has over 20 years at her current workplace in China and wants to continue to retirement, the precise date uncertain due to policy revisions currently underway. Possibly within a year or two but no more than five years out. The K1 has been approved and the Embassy Interview is scheduled. We feel very confident a Visa will be issued and then she will come to USA so we can marry here. Because she is still working this visit will be for about 37 days and then she must return to work. This is my understanding of how we should proceed and I will appreciate any guidance or corrections to this plan, including the ordering of steps.

1. File for SSN 2 weeks after arrival

2. Marry and get certified marriage certificate by hand carrying it

3. File for name change at SSA

4. File I-485 to the Chicago office

5. File I-131 at a local office by INFOPASS appointment

Q. Do we need to provide an employer letter or even mention the return to work as the reason?

Q. How many times and often can she re-enter under the I-131

Q. I will be going to China soon after for another wedding ceremony there with her family and friends, would we be better off with a different process to allow her to come and go from USA?

[Georgia16 2,858]

The AP (Which is the card for leaving US) take about 90 date from when you submit the AOS package if she leaves before she can't come back.

But you don't need to file AOS at all since she has no intent to stay here ...

[kzielu 1,144]

After what you wrote it makes absolutely no sense to file anything. Go through IR-1 when she's ready to move.

[Boiler 43,393]

To marry here a B would have been better.

[timcastleman 6]

After what you wrote it makes absolutely no sense to file anything. Go through IR-1 when she's ready to move.

But, we want her to be able to come to USA for short visits until retirement. It seems this is only possible with the I-131 and that is only possible with the I-485 filing. Am I missing something? Would the IR1 permit her to do this?

[kzielu 1,144]

But, we want her to be able to come to USA for short visits until retirement. It seems this is only possible with the I-131 and that is only possible with the I-485 filing. Am I missing something? Would the IR1 permit her to do this?

Yes, you're missing the fact that green card is for living here, not for short visits. This plan will lead to her losing green card and some unpleasantness during entry (which is why I wrote to not bother). B-2 visa is appropriate one in this case.

[timcastleman 6]

Yes, you're missing the fact that green card is for living here, not for short visits. This plan will lead to her losing green card and some unpleasantness during entry (which is why I wrote to not bother). B-2 visa is appropriate one in this case.

Thank you, unfortunately she was denied a tourist visa about a year ago, and it is my understanding that using a tourist visa with an intent to marry would be immigration fraud.

[Pitaya 2,576]

The fling for an I-131 Advance Parole document should be concurrent with filing of the I-485, Application to apply for Conditional Permanent Resident (PR) status. The procedure for making an InfoPass appointment is for obtaining an I-131 is for emergency use only. What is the nature of the emergency?

The purpose of obtaining a conditional PR greed card is to progress to obtaining a regular PR green card and then eventually apply for US citizenship, provided you meet the residency requirements. The purpose of the GC is not necessarily as a travel and VISITOR document, but rather a method for immigrating and LIVING in the US.

You are correct, to use a visitor visa for the purpose of immigration is likely considered immigration fraud.

[kzielu 1,144]

Thank you, unfortunately she was denied a tourist visa about a year ago, and it is my understanding that using a tourist visa with an intent to marry would be immigration fraud.

No, it's a fraud to use for immigration, it is perfectly acceptable to use it to marry as long as there is no intent to stay.

[timcastleman 6]

Just to clarify, the intent IS for her to live here, but we are reluctant to throw away the opportunity for her retirement benefits. Maybe the benefits are not worth waiting for, but this is her security and she has worked hard for it. Of course we want to live together as soon as possible, and there are options we are exploring such as a long term leave of absence or early retirement. But meanwhile we would like to spend time together in both countries and because of her seniority and liberal vacation days it would be possible for her to come to USA for short visits until it is all settled, except for the strict visa rules we are really trying hard to follow exactly. Many thanks for all of your help!

[Boiler 43,393]

Seems you need to decide first what you want to do.

[timcastleman 6]

Is it a solution to marry here and get the certified marriage certificate, then after our honeymoon she returns to China to continue working until retirement, then we can apply for the IR1, does this make sense? Meanwhile she cannot come back until we complete the IR1?

[JR loves JR 196]

She's welcome to come and get married on the k-1 but if she's not going to stay for about 100 days (arrival, wedding, a couple days to get the wedding certificate, 90 days for approval of AP, and a couple more to receive AP) then save your $1000 filing fee. And even if she was going to stay that long and then leave she'll probably have to come back to the USA for an interview. At that time they may deny her AOS if she can't prove that she's maintaining residency here and in a genuine marriage relationship with you.

If she is approved for a greencard, you're going to have issues in two years when it's time to remove conditions. The greencard you'd be applying for is intended for people to live and work in America the majority of the time (aka 6+ months a year). If she doesn't meet that criteria there's a chance that they'd say she abandoned her greencard and you'd have to start again with the spousal visa.

Edited August 21, 2016 by JR loves JR

[Rc123rc 528]

Seems you need to decide first what you want to do.

Agree. Too many variables in this one. Also sounds like a situation where someone wants to have cake and eat it too. No free passes on open visitations. You said B-2 was denied. Chances are it will be again. K-1 and CR-1/IR-1 are not open invitations to just visit the United States while you figure out what your going to do or her wait for retirement. You may not like it or can afford it but I'm thinking best option is for you to visit China until she is close to retiring. Get married over there and file for a CR-1. Time it so she gets her approval and can come here soon after her retirement. Anything else you have to have a lot of proof of her ties to homeland.

[NewBrunswicker 19]

Is it a solution to marry here and get the certified marriage certificate, then after our honeymoon she returns to China to continue working until retirement, then we can apply for the IR1, does this make sense? Meanwhile she cannot come back until we complete the IR1?

Hi timcastleman,

What you just state here is feasible. If your wife has no intend to truly establish herself in the US, she should return to her country after the wedding. Whenever she is ready, you two would either fill for a CR-1 or IR-1 depending on how long you two will have been married for. It is totally okay to visit each other while applying for an IR-1 or a CR-1. Someone from your country should comment on how difficult it is to prove strong tie to your homeland but from my personal experience, it has been fine.

Best of luck,