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Chinese wife wants to return from China

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Filed: AOS (apr) Country: South Korea
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My wife went back to China mid March to get treatment for her hyperthyroidism as it was getting very expensive even on my insurance. She also left to avoid the covid as I am an essential worker. So when she tried to contact various airlines in China, they said she couldn't return to the US even though she has a 2 year greencard and married to me an american citizen. As I understand it, she is allowed to re-enter since I am considered family. I'm not sure if one side or the other is misunderstanding the situation, but I have been trying to find a government page that shows she is legally allowed to re-enter the US. I've found various advice sites and lawyer websites, but didnt find the statement yet on the travel.state.gov website or through a search. Anyone have a quick link so she can show the airline? We need to get her back here to start the I-751 paperwork as her 2 year expires I  January. Plus I dont want her to be out of the country for over 6 months.

Edited by ImagineMe
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Filed: F-2A Visa Country: Iraq
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There's some good general info here https://travel.state.gov/content/travel/en/traveladvisories/ea/covid-19-information.html

with an additional link to "returning from china" instructions.

 

The EO suspending travel from China, which clearly exempts legal permanent residents (which your wife is) can be found here https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-persons-pose-risk-transmitting-2019-novel-coronavirus/

 

Sec. 2Scope of Suspension and Limitation on Entry.

(a)  Section 1 of this proclamation shall not apply to:

(i)     any lawful permanent resident of the United States;

(ii)    any alien who is the spouse of a U.S. citizen or lawful permanent resident;

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Filed: AOS (apr) Country: South Korea
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5 minutes ago, Luckycuds said:

Legal permanent residents were never banned from Entering the US regardless Of their marital status. I’m sorry the airlines have been so incompetent.

Yeah that's what I told her. Not sure why they didnt understand. Chinese talking to chinese. Maybe new to the industry, who knows.

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Filed: Citizen (pnd) Country: Haiti
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2 minutes ago, ImagineMe said:

Yeah that's what I told her. Not sure why they didnt understand. Chinese talking to chinese. Maybe new to the industry, who knows.

I would try booking the flight online and bypassing speaking with someone all together. When booking a ticket she has to provide her Greencard info so I would imagine that she’d be able to purchase the ticket.


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2 hours ago, Luckycuds said:

I would try booking the flight online and bypassing speaking with someone all together. When booking a ticket she has to provide her Greencard info so I would imagine that she’d be able to purchase the ticket.

Agree with this. But I recommend booking directly through the airline (online), third party might seem cheaper at first but beware if there’s a cancellation then they’ll give you the runaround...

Airlines (afaik) are responsible to put you on the next available flight to your destination if your original flight was cancelled. I’m sure those rules vary by country, but I was told (once in India, once in Europe) that they have to put you on the next available flight, regardless of airline (if you’re at the airport that is).

@ImagineMe Let us know how it turns out!

Edited by Quarknase

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On 7/12/2020 at 7:50 AM, ImagineMe said:

So when she tried to contact various airlines in China,

She can also tell them to check IATA's Timatic: https://www.iatatravelcentre.com/international-travel-document-news/1580226297.htm She is clearly eligible to travel to the US.

Edited by HRQX

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Filed: AOS (apr) Country: South Korea
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Apparently checking online led to no flights available. Pretty sure I've seen some but maybe they are few and far between. So apparently she has to talk to them in person. I worry about her time out of the country and not sure if she can attain something that would help with her reason for being out so long besides a medical treatment.

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Filed: AOS (apr) Country: South Korea
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Another update:

My wife is going to have a meeting with her family regarding coming back. I told her that she cannot be out of the country for more than 6 months otherwise the US may consider her abandoning her greencard. I showed her multiple links that show she is allowed to return, even if there are no flights from China, she can fly through Japan or S Korea. I think her family is worried for her welfare because of her hyperthyroidism condition (which she is getting treated for while in China) which could get worse should she get the virus.

She has been gone so much already since she got her 2 yr card, so we wont try to get her citizenship until she has had more consistent time here. Just need to focus on getting her here to attain the 10 year card first. Its a real difficult decision for her family since the US is getting worse with the cases of Covid-19 again. 

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