K1 travel.....

[ameriken]

I read a thread sometime back that had some ambiguities about when an SO in the US on a K1 visa can first freely travel and return to the US.

 

I believe there were posts with varying time frames of 6 to 18 months.

 

Three questions:

 

1) Can anyone tell me, at what point in the post-arrival AOS and immigration process can she freely travel out of the US and back?

 

2) Any more 'guesses' on when that could be?

 

3) When she is able to travel to China, does she need an american passport and Chinese visa? What about other countries?

 

Thanks again CFL

[chef4u]

Ken...I was just looking at this issue awhile ago. I believe Jie needs to file a Advance Parole document that lets her re-enter into the US. But, I do believe you all need to be married first. I have a friend who applied about one month ago and is still waiting. So, if you have plans in the near future it maybe a good idea to apply asap. This is my understanding of this. This process allows Jie to travel while she awaits for permanent residence, (Green Card). But, I am sure there are many more suggestions or more details about the advance parole out there amongst the members. Give my best to Jie

Edited March 23, 2006 by chef4u (see edit history)

[Randy W]

File the I-131 Application for Travel document - it says it takes 60 to 90 days - AOS FAQ's. With the AP, she needs to save a copy (they will keep one each time she re-enters the US), but can otherwise come and go freely.

 

She will use her Chinese passport unless she becomes (eventually) an American citizen. She will travel as a Chinese citizen (until then).

[ameriken]

Chef and Randy, great info.........thanks !

[ameriken]

.......and a thanks to David as always, for the great FAQ's !

[yuehan123]

One of the old timers (o.k. original members) used to caution that the AP is no guarantee of re-entry.

 

In some cases, there is a very short, or no, time between possesion of AP and AOS interview. I have always considered AP travel 'emergency' travel and don't consider it traveling 'freely' due to this factor.

[NY-Viking]

I guess you got the info from David's FAQs already, but just in case:

 

1) Can anyone tell me, at what point in the post-arrival AOS and immigration process can she freely travel out of the US and back?

 

Once a K1 visa holder enters the US, he/she CANNOT leave and enter again UNTIL he/she gets an advanced parole document or receives the green card. And the intending immigrant CANNOT apply for advanced parole until he/she files the I-485 application for adjustment of status (i.e., AOS - application for the green card). The advanced parole can be filed concurrently with the I-485 application.

 

Leaving without first getting advanced parole or the green card will be seen as abandoning the application, and you'll have to start from Square One, and you may have other delays and difficulties as well since you abandoned the first application.

 

Keep in mind that you have 6 months from receiving the K1 visa to leave China (I see she's already here for you ...), and then three months to get married after that. You can't file for AOS until you get married, so if she's in a hurry to leave the country for some reason, you should get married and apply for AOS and advanced parole as soon as possible.

 

From posts on CFL, advanced parole has been granted for various periods of time, and I've seen both multiple and single entries granted. I think the average is that advanced parole is good for one year. But, advanced parole is only a temporary device set for a defined period to exit the country and be able to enter again on her foreign passport; she won't be able to freely travel out of the US and back until she gets the actual green card.

 

I also note that separate rules apply to U.S. entry/exits of K3 (and K4) visa holders, so be careful when you read posts to note what visa they hold.

 

2) Any more 'guesses' on when that could be?

 

As I stated above, you have 3 months to get married, and should apply for AOS as soon as possible after you do so. How long it takes to get either the green card or advanced parole after that seems to vary greatly in time, due to both your location in the country and other particulars in your case.

 

We're getting our green card interview a little more than 5 months after we filed for AOS. Hopefully we'll get the green card shortly after that. My guess is the average wait time to interview is about 6 months right now, but I've seen wait times anywhere from about a month after filing, to a few years. The receipt notice we got said 8-10 months on average.

 

We didn't file for advanced parole, but the wait seems to be generally 1-3 months after filing the application. (I have seen longer ...) If you're considering filing advanced parole, you should consider how soon you want/need to leave the country, and check on how long the green card will probably take to process in your area. There have been people on CFL who happily received their green card too quick - before the advanced parole was issued (which made it useless ...). So, unless you need to leave quickly and can't wait, you may want to save the applicaiton fee.

 

There is also the possibility of getting advanced parole because of an emergency. I don't know of anyone who has done this recently, but instead of sending in the paper application, or doing the electronic application for advanced parole, I have heard of people who did go down to the local USCIS office (or previously INS office...) and (after waiting for a few hours) did get advanced parole so they could return to their home country briefly because of some emergency situation, like the imminent death of a parent. But this is not something I'd count on - if you want to leave before getting the green card, file for advanced parole electronically.

 

3) When she is able to travel to China, does she need an american passport and Chinese visa? What about other countries?

 

Once she has either (i) a green card or (ii) has applied for AOS and is travelling with advanced parole, she is still a Chinese citizen. She will not be eligible for a U.S. passport unless and until she becomes an American citizen, which will take at least 5 years (provided she wants to do that). If she ever does become an American citizen, she should travel to China on her U.S. passport with a Chinese visa (although I do have some friends that have returned to China on their Chinese passports after becoming U.S. citizens ... but that's another story).

 

As a Chinese citizen, she will travel to all countries (including China) on her Chinese passport, and will be subject to the travel laws of those countries. And as a Chinese citizen, she can travel back to China on her Chinese passport freely - no visa required. She'll also be able to exit China freely to come back to the U.S. once she has her green card.

 

The green card only guarantees her special rights to stay/work/etc. in the U.S.A. With that said, however, many countries do treat U.S. permanent residents (i.e., green card holders) with essentially the same entry/exit rights as U.S. citizens. So, if you're traveling to Canada, Mexico, many countries in the Carribean, etc., she can probably enter with just her green card and no additional visa application is required. On the other hand, many other countries (Japan, countries in Europe, etc.) will still treat her as they would any other Chinese citizen, and she'll need to obtain a visa (or comply with what's required for PRC citizens). Given that she has a U.S. green card, applying for those visas shouldn't be too difficult, but still something you'll have to do before you get on the plane for that romantic weekend in Paris.

 

So, basically, for other than the U.S. and China - check with the embassy or consulate of the country you want to visit to see what their requirements are.

[tonado]

http://www.immihelp.com/greencard/adjustme...nce-parole.html

 

http://uscis.gov/graphics/howdoi/travdoc.htm

[skibum]

Ken, Some things are not worth taking a risk for but I think we filed for a AP when we filed AOS. The AP did not take long. Denver is pretty quick. We never used the AP.

[NY-Viking]

I saw an issue with the time to become a citizen. Marriage to a US citizen has a three year residency rule, not five. If US citizenship is in your plans, the two year reduction is a real plus.

201385[/snapback]

Yeah .. sorry I did know that ... but it's 3 years from the marriage (not entry into the US ... at least the way I read it ....)

 

http://uscis.gov/graphics/services/natz/sp...m#familymembers

 

 

On a different note, can't we edit old posts anymore???

Edited March 24, 2006 by NY-Viking (see edit history)

[frank1538]

I saw an issue with the time to become a citizen. Marriage to a US citizen has a three year residency rule, not five. If US citizenship is in your plans, the two year reduction is a real plus.

201385[/snapback]

Yeah .. sorry I did know that ... but it's 3 years from the marriage (not entry into the US ... at least the way I read it ....)

 

http://uscis.gov/graphics/services/natz/sp...m#familymembers

 

 

On a different note, can't we edit old posts anymore???

201400[/snapback]

I think the law says three years after becoming a permanent resident: http://uscis.gov/lpBin/lpext.dll/inserts/s....htm#slb-act319

 

"...if such person [the spouse] immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

[Dan R]

I read that as being three years from marriage to the USC as long as PR was applied for timely and the three years were spent in the U.S.. THere are actually several conditions to be met.

 

In other words if you marry in China and a year later come to the US and apply for residence it would start from entry. If you marry 60 days from K-1 entry top the U.S. it would start from the marriage.

 

Does that make it as clear as mud?

 

"date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse "

[david_dawei]

On a different note, can't we edit old posts anymore???

201400[/snapback]

You've got up to three hours to edit it...

 

http://candleforlove.com/forums/index.php?showtopic=16022

[ameriken]

I guess you got the info from David's FAQs already, but just in case:

 

1) Can anyone tell me, at what point in the post-arrival AOS and immigration process can she freely travel out of the US and back?

 

Once a K1 visa holder enters the US, he/she CANNOT leave and enter again UNTIL he/she gets an advanced parole document or receives the green card.  And the intending immigrant CANNOT apply for advanced parole until he/she files the I-485 application for adjustment of status (i.e., AOS - application for the green card).  The advanced parole can be filed concurrently with the I-485 application.

 

Leaving without first getting advanced parole or the green card will be seen as abandoning the application, and you'll have to start from Square One, and you may have other delays and difficulties as well since you abandoned the first application.

 

Keep in mind that you have 6 months from receiving the K1 visa to leave China (I see she's already here for you ...), and then three months to get married after that.  You can't file for AOS until you get married, so if she's in a hurry to leave the country for some reason, you should get married and apply for AOS and advanced parole as soon as possible.

 

From posts on CFL, advanced parole has been granted for various periods of time, and I've seen both multiple and single entries granted.  I think the average is that advanced parole is good for one year.  But, advanced parole is only a temporary device set for a defined period to exit the country and be able to enter again on her foreign passport; she won't be able to freely travel out of the US and back until she gets the actual green card.

 

I also note that separate rules apply to U.S. entry/exits of K3 (and K4) visa holders, so be careful when you read posts to note what visa they hold.

 

2) Any more 'guesses' on when that could be?

 

As I stated above, you have 3 months to get married, and should apply for AOS as soon as possible after you do so.  How long it takes to get either the green card or advanced parole after that seems to vary greatly in time, due to both your location in the country and other particulars in your case.

 

We're getting our green card interview a little more than 5 months after we filed for AOS.  Hopefully we'll get the green card shortly after that.  My guess is the average wait time to interview is about 6 months right now, but I've seen wait times anywhere from about a month after filing, to a few years.  The receipt notice we got said 8-10 months on average.

 

We didn't file for advanced parole, but the wait seems to be generally 1-3 months after filing the application.  (I have seen longer ...)  If you're considering filing advanced parole, you should consider how soon you want/need to leave the country, and check on how long the green card will probably take to process in your area.  There have been people on CFL who happily received their green card too quick - before the advanced parole was issued (which made it useless ...).  So, unless you need to leave quickly and can't wait, you may want to save the applicaiton fee.

 

There is also the possibility of getting advanced parole because of an emergency.  I don't know of anyone who has done this recently, but instead of sending in the paper application, or doing the electronic application for advanced parole, I have heard of people who did go down to the local USCIS office (or previously INS office...) and (after waiting for a few hours) did get advanced parole so they could return to their home country briefly because of some emergency situation, like the imminent death of a parent.  But this is not something I'd count on - if you want to leave before getting the green card, file for advanced parole electronically.

 

3) When she is able to travel to China, does she need an american passport and Chinese visa? What about other countries?

 

Once she has either (i) a green card or (ii) has applied for AOS and is travelling with advanced parole, she is still a Chinese citizen.  She will not be eligible for a U.S. passport unless and until she becomes an American citizen, which will take at least 5 years (provided she wants to do that).  If she ever does become an American citizen, she should travel to China on her U.S. passport with a Chinese visa (although I do have some friends that have returned to China on their Chinese passports after becoming U.S. citizens ... but that's another story).

 

As a Chinese citizen, she will travel to all countries (including China) on her Chinese passport, and will be subject to the travel laws of those countries.  And as a Chinese citizen, she can travel back to China on her Chinese passport freely - no visa required.  She'll also be able to exit China freely to come back to the U.S. once she has her green card. 

 

The green card only guarantees her special rights to stay/work/etc. in the U.S.A.  With that said, however, many countries do treat U.S. permanent residents (i.e., green card holders) with essentially the same entry/exit rights as U.S. citizens.  So, if you're traveling to Canada, Mexico, many countries in the Carribean, etc., she can probably enter with just her green card and no additional visa application is required.  On the other hand, many other countries (Japan, countries in Europe, etc.) will still treat her as they would any other Chinese citizen, and she'll need to obtain a visa (or comply with what's required for PRC citizens).  Given that she has a U.S. green card, applying for those visas shouldn't be too difficult, but still something you'll have to do before you get on the plane for that romantic weekend in Paris.

 

So, basically, for other than the U.S. and China - check with the embassy or consulate of the country you want to visit to see what their requirements are.

201317[/snapback]

Wow, great post and thanks for taking the time to write all that information NY-V.

 

I asked this because we would like to go back to Shanghai for a visit, perhaps sometime during December to February. There is also a strong possibility to take her to Switzerland April 2007.

 

Our current plans are this: she has her SS#. We intend to get married April 26. When I have the marriage cert, I will file the I-485. (Her I-94 expires May 13).

 

Thanks again ! Ken

[NY-Viking]

Wow, great post and thanks for taking the time to write all that information NY-V.

 

I asked this because we would like to go back to Shanghai for a visit, perhaps sometime during December to February. There is also a strong possibility to take her to Switzerland April 2007.

 

Our current plans are this: she has her SS#. We intend to get married April 26. When I have the marriage cert, I will file the I-485. (Her I-94 expires May 13).

 

Thanks again ! Ken

201565[/snapback]

No problem - I hope it was helpful. Be sure to note the error on number of years required for US citizenship.

 

If you file the I-485 relatively soon after you get married (note that if you happen to do this a little after her I-94 expires you'll be ok provided you don't take too long (how long, we don't know)... you just have to get married before the I-94 expires - so make sure you do that!), there's a decent chance you'd have the two-year green card before the December Shanghai trip.

 

Of course something might always happen ... but if her intended travel outside the U.S. is that far off, I'd recommend waiting to file for advanced parole until you know she needs it. (You'll have a pretty good idea by October whether or not you'll have the green card ... and that still leaves plenty of time to file for advanced parole if you want it ...)

 

Barring something weird (like getting lost in name checks ... which has happened to CFL members), you should definitely have the green card before April 2007. Provided you have the actual green card before that trip, you should be good to go - no visa required for either of you to visit Switzerland.

 

 

from the Swiss Embassy website: http://www.eda.admin.ch/washington_emb/e/h...s/needvisa.html

 

U.S. Green Card Holders:

 

No visa is required for foreigners who have a valid U.S. green card (Permanent Resident Card, form I-551) and a valid national passport for tourism, visits, business or medical treatment for a stay up to 90 days. Both documents (passport and green card) must be valid at least three months after leaving Swiss territory.

Please note that the passport stamp "processed for I-551" is not considered a green card and that general visa requirements would apply in that case. The same rule also applies for the "Notice of Action" (Form I-751) and the "Authorization for Parole" (Form I-512).

 

Of course, make sure you check the status before you go. Visa issues do change periodically.

 

Also good to note: Since Switzerland is not a party to the Schengen Treaty, you are not permitted to enter Switzerland if you present a valid visa for another European country.

 

 

Also note that this is just information for Switzerland - if you go elsewhere in Europe, your wife will probably need a visa.

 

from France's Consulate's website http://www.consulfrance-newyork.org/articl...?id_article=363

 

NOTE: If you cannot find your nationality in the list below this means that you require a visa, even if you hold a US Permanent Resident Card (Green Card).

Edited March 24, 2006 by NY-Viking (see edit history)