SO's return to China

[Guest Paul]

As many of you know my SO's dad has cancer, the prognosis is not good. I am quite concerned about him and his failing condition. I also understand how very important it is for American families to be together upon the death of a family member - she says it's the same in China. Last week, my SO passed her visa interview in Guangzhou so she's eligible to travel now. But at this point I don't know the best timeframe for her to come to the US - because there are too many unanswered questions. Maybe someone can give some insight and help us make some good decisions. Assuming she came to the US and married during the 90 day K1 requirement and her dad died somewhere after that 90 period had elapsed, approximately how long would the AP process take before she were able to leave the US and lawfully return? She'd have to have an American passport to leave and come back, right?

 

Thanks beforehand for and help and any additional thoughts about this.

 

Wheel Man

[Randy W]

To get it done quickly after arrival:

Have her come NOW, get married, and apply for

AOS

and

AP

(and

EAD

?). The

AP

document came in about 2 1/2 months in our case. She needs her Chinese passport and the

AP

document to travel.

The longest she can stay in China:

6 months until the visa expires.

I see David's here, also. I'm sure he'll straighten this out.

Edited September 19, 2006 by Randy W (see edit history)

[rlheim]

Sorry to hear about the family problem.

 

I f you both needed to wait a little, She has 6 months to use the visa before it expires, and the the 90 days will come into play once she leave China.

[david_dawei]

I saw randy post.. so knew you'd get the straight dope...

 

Can't emphasize enough not to get caught in letting her return without AP.. work around it the best you can.

 

 

Added comment: She will not have a US passport.. only her chinese passport... so she must have AP, emergency travel, or re-entry permit to get back in...

Edited September 19, 2006 by DavidZixuan (see edit history)

[RLS]

Wheelman, sorry to hear about that. I'm sure you'll get all the facts and handle it correctly. Good luck, man.

 

 

Ron

[jim_julian]

Supposedly AP comes in about 90 days. Not a peep on ours as yet. I am anxious to have Lao Po come on extended business trips with me.

[SheLikesME?]

Sorry to hear this Paul. I forgot yours has a K1 not a K3. Well I wish both of you the very best. I guess you need to just follow your instinct. Try to remove the fear both of you may have of consequences in anycase. Then maybe a decisionis more clear. Maybe come to grips with any consequences regardless. I think I said all this twice but it is very late for me, not early.

 

Wish you two the very best in any case.

Doug

 

 

 

Looks like my Weiyan is caught in 2 classes per month now, and I got this political strugle at my job which is taking me out of town to where we had to cancel her plans of being here next week. So I understand the waiting. But in your case it sure is a one time thing and I am sure Yall will make the right decision.

[Michael and Manyun]

Paul, my friend.

 

I have know about this potential situation for some time now, and I am sorry to hear that you are now caught up in the midst of having to make a very difficult decision. You have some pretty hard and fast timelines to follow, and I don't envy you your decision, but I know that whatever you decide, it will be based on what you and your SO feel is the best for the both of you. To me it looks like your best guess based on the facts as you've presented them with maybe a little gut feeling and some divine inspiration thrown in. I think that you've also been given pretty good information so far.

 

I've always been a little short on the information side and a little long-winded with the suppositions. Whatever you decide, I'll keep my fingers crossed for you.

 

Michael

[Guest Paul]

Michael -

 

Thanks for a most moving message. In fact, thanks to everyone's post about my question, jim julian, shelikesme, Ron, etc, etc. It's just a tough time for SO but a tought one for me too as ultimately I have to make the decision that will be best for us. I did get to speak with her father on the phone this morning, smile. He sounded good to me but SO told me his voice is not good today, apparently because of the type therapy he's enduring. But I could tell however that he enjoyed speaking with me, he sounded upbeat and thrilled. Both he and SO's mother have given their blessings to our marriage and her ultimate journey to a new home in the US. Gosh, I am so thankful for this. There have been accounts from CFL members where this was not the case, so I am pleased. From my beginning trip to Nanning I learned her parents were supportive of our relationship - thus - we continued. Fortunately, SO told me her parents have never tried to stop her from doing anything she wanted, always giving her the freedom and support she needed to thrive, grow and develop as a person. Her home with me will most definately be an extention of those same views and freedoms - and I think she'll feel right at home. I guess I'm rambling a bit here but I was just excited and happy to have a mother and father-in-law like these and wanted to tell someone.

 

For all who responded to my querry - thank you, thank you very, very much. We appreciate everyone's concern and will keep eveyone posted.

 

Always the best,

 

 

Wheel Man

 

 

P.S. Jim julian, that gives me some guesstimation of the time AP will take - thanks.

 

P.S.S. Michael, you're a good man and a better friend. I trust, hope and pray that you and Manyun have a long, happy future. Thanks for your note, ole friend, it especially meant a lot since you and I are somewhat on the same journey at about the same time! Anyway, I'm going to do a whole lotta listening and depending on the devine inspiration you mention.

 

 

 

 

 

 

 

Paul, my friend.

 

I have know about this potential situation for some time now, and I am sorry to hear that you are now caught up in the midst of having to make a very difficult decision. You have some pretty hard and fast timelines to follow, and I don't envy you your decision, but I know that whatever you decide, it will be based on what you and your SO feel is the best for the both of you. To me it looks like your best guess based on the facts as you've presented them with maybe a little gut feeling and some divine inspiration thrown in. I think that you've also been given pretty good information so far.

 

I've always been a little short on the information side and a little long-winded with the suppositions. Whatever you decide, I'll keep my fingers crossed for you.

 

Michael

[egolessvegan]

My opinion: Allow your wife to spend the next 3 months in China spending quality time with her Dad. Then move forward with plans to bring her here within the 6 month window,

Ken

[tywy_99]

If needed be, you can re-apply the I-129F for the K1 visa.

I don't see any quick way, being that time is of the essence.

Just add a note discribing the circumstances and ask for leniency.

 

The I-131 approval might take too long and it's no use going thru the stress of rushing to get things done if your SO comes to the states.

 

I wish you luck.

[Guest Paul]

Hi Ken -

 

We must be on the same page because your suggestion is doable and will probably serve everyone's interests very well - so, thank you. Right now, she is spending as much time with her dad as she can .... I know in the long run she will look back and appreciate the fact that she was able to be with him as long as she was.

 

Best wishes to you always,

 

Wheel Man

********************************************************************

 

 

 

My opinion: Allow your wife to spend the next 3 months in China spending quality time with her Dad. Then move forward with plans to bring her here within the 6 month window,

Ken

[LeeFisher3]

Paul, I'm sorry to hear about her father's problem and hope things work out for the best.

 

GZ has experienced this situation before, the visa can be renewed near then end of the 6 months of validity. It will cost you another visa fee ($100). You need to contact GZ and discuss this with them.

 

When she arrives in the US you are at the mercy of the Dallas USCIS office!!

AOS and AP advice from outside of Dallas is NOT VALID for you!!!!

Overview I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence) Pilot Program in the Dallas District Office

 

From reading the statements it is unclear if a K-1 visa holder qualifies for this program, but the big difference is that they ask you to make your InfoPass appointment to bring in your complete application and supporting documents and have the interview on the same day. Then get the biometrics completed afterward, then wait up to 90 days to know if you passed or not, at that time they will accept an AP application which takes about 90 days to process.

 

My read on it is that you could possibly be looking at 180 days from your application for AOS before you could received AP, or you could have a green card in less than 90 days.

 

I'd suggest you try to get by the Dallas office and discuss this with an IO before having her travel to the US. Best case scenario on getting ready to file AOS is probably 1 week from arrival if you can get the certified marriage certificate on the day of your wedding.

[Guest Paul]

Dear Lee -

 

You've come through loud and clear. Thank you ole friend for being there for us - even if you are out there in BFE .... hehehehe

 

More later,

 

Wheel Man

 

 

Paul, I'm sorry to hear about her father's problem and hope things work out for the best.

 

GZ has experienced this situation before, the visa can be renewed near then end of the 6 months of validity. It will cost you another visa fee ($100). You need to contact GZ and discuss this with them.

 

When she arrives in the US you are at the mercy of the Dallas USCIS office!!

AOS and AP advice from outside of Dallas is NOT VALID for you!!!!

Overview I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence) Pilot Program in the Dallas District Office

 

From reading the statements it is unclear if a K-1 visa holder qualifies for this program, but the big difference is that they ask you to make your InfoPass appointment to bring in your complete application and supporting documents and have the interview on the same day. Then get the biometrics completed afterward, then wait up to 90 days to know if you passed or not, at that time they will accept an AP application which takes about 90 days to process.

 

My read on it is that you could possibly be looking at 180 days from your application for AOS before you could received AP, or you could have a green card in less than 90 days.

 

I'd suggest you try to get by the Dallas office and discuss this with an IO before having her travel to the US. Best case scenario on getting ready to file AOS is probably 1 week from arrival if you can get the certified marriage certificate on the day of your wedding.