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After marrying, can your wife return to China?


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My fiance mentioned that after getting married here, she won't be able to go back to China to see her family for at least 2 years. Is this true, or did she get bad info? That doesn't seem right. Why punish someone like that? Why deny her the ability to see her family, especially after just getting married and starting a new life? Jeeeez.....what if we had a child right away? Her family would even get to see their own blood?

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My fiance mentioned that after getting married here, she won't be able to go back to China to see her family for at least 2 years.  Is this true, or did she get bad info?  That doesn't seem right.  Why punish someone like that?  Why deny her the ability to see her family, especially after just getting married and starting a new life?  Jeeeez.....what if we had a child right away?  Her family would even get to see their own blood?

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Haven't heard of that one. But after getting married in the US you'd then file for AOS (Adjustment of Status). On a K-1, you can only enter the US one time. As far as I know, while AOS is pending, she should be able to apply for advance parole with USCIS and then re-enter the US with that. But you cannot freely travel without the advance parole (on a K-1).

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My fiance mentioned that after getting married here, she won't be able to go back to China to see her family for at least 2 years.  Is this true, or did she get bad info?  That doesn't seem right.  Why punish someone like that?  Why deny her the ability to see her family, especially after just getting married and starting a new life?  Jeeeez.....what if we had a child right away?  Her family would even get to see their own blood?

156965[/snapback]

You'll probably need an AP (Advanced Parole) filing, usually takes a couple of months... get on it early if you know this is coming up for you after the marriage.

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Once she is here on the k1 visa and you two get married, you can file the I-485, the I-765, and the I-131. The I-131 is called advanced parole and it takes a few months more or less to get it. with this, she can leave the country and return.

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If I didn't know better, I'd swear you were trying to be funny! I-485, the I-765, and the I-131????? Parole???? I mean......she's not in prison. Thanks much for the info, and to those that also responded.

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Once she is here on the k1 visa and you two get married, you can file the I-485, the I-765, and the I-131. The I-131 is called advanced parole and it takes a few months more or less to get it. with this, she can leave the country and return.

156968[/snapback]

If I didn't know better, I'd swear you were trying to be funny! I-485, the I-765, and the I-131????? Parole???? I mean......she's not in prison. Thanks much for the info, and to those that also responded.

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It's important to keep a sense of humor (or eat a lot of cheetos).

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My fiance mentioned that after getting married here, she won't be able to go back to China to see her family for at least 2 years.  Is this true, or did she get bad info?  That doesn't seem right.  Why punish someone like that?  Why deny her the ability to see her family, especially after just getting married and starting a new life?  Jeeeez.....what if we had a child right away?  Her family would even get to see their own blood?

156965[/snapback]

For K-1 beneficiaries, after entering the US for the first time using aforementioned K-1:

 

Day 1 to Marriage - can't leave US

Marriage to Green card - can re-enter US using Advanced Parole paperwork

After Green card - can re-enter US at will, no extra paperwork necessary

 

So the question then is ... when will she get her Green card? It depends on where you live ... sometimes within a few months of filing AOS :ph34r: sometimes a few years :(

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