When can a K-1 filer make a visit back to China?

[I love Sunshine]

I'm a K-1 filer. As we are planning for our future and talking about where to have our big wedding ceremony, China is looking more clearly as our best option.

 

One thing we need to consider is when is the earliest my then-wife can return to have our reception in China, presuming all goes well? It is some point after AOS, but exactly when?

 

A very quick search on CFL resulted in no direct answers to this question, but I apologize if this question was responded to in an earlier post.

[Randy W]

You would want to apply for AP (acdvanced parole), which is now included with the AOS.

 

If it works anything like what it used to, you would have your AP form in hand within 90 days from when you apply.

 

Watch to see how that develops, though, for those who file after July 30

Edited July 30, 2007 by Randy W (see edit history)

[dnoblett]

Some point after marriage and filing for AOS, you will just include I-131 in with the I-485 (AOS) package.

 

On I-131 you will specify when you plan on traveling to China. I-131 (AP) tends to take 90 days or so to process. Once you have the AP document in hand you can travel to China. You cannot travel until you have either AP or Green-Card in hand, doing so is considered to be abandoning the AOS process, and a new visa would be needed to return to USA, this time either CR-1, or K-3.

[jwmurphy]

I was quoted by a lawyer it takes 2 - 4 months to get an AP after you file for your AOS. You file for AP at the same time you file for AOS.

 

I'm a K-1 filer. As we are planning for our future and talking about where to have our big wedding ceremony, China is looking more clearly as our best option.

 

One thing we need to consider is when is the earliest my then-wife can return to have our reception in China, presuming all goes well? It is some point after AOS, but exactly when?

 

A very quick search on CFL resulted in no direct answers to this question, but I apologize if this question was responded to in an earlier post.

[Randy W]

I was quoted by a lawyer it takes 2 - 4 months to get an AP after you file for your AOS. You file for AP at the same time you file for AOS.

 

 

It was closer to 2 months, unless you had a need for it sooner, but as of July 30, there is a new system in effect where the AP is included with the AOS, so all bets are off on a timeframe,

 

Hopefully, this won't mean that you might have to wait 3 months, find out your case is delayed, and then submit a separate application (like with DORA). That's why I said wait and see. No one that we know of has submitted an application under the new procedure.

[SirLancelot]

I was quoted by a lawyer it takes 2 - 4 months to get an AP after you file for your AOS. You file for AP at the same time you file for AOS.

 

 

It was closer to 2 months, unless you had a need for it sooner, but as of July 30, there is a new system in effect where the AP is included with the AOS, so all bets are off on a timeframe,

 

Hopefully, this won't mean that you might have to wait 3 months, find out your case is delayed, and then submit a separate application (like with DORA). That's why I said wait and see. No one that we know of has submitted an application under the new procedure.

 

It'll be interesting to see how fast the new APs and EADs are approved. My gut feeling says that it should be faster due to the higher fees, but if there was indeed a rush to file before the July 30th deadline, then APs and EADs may be slower for a couple of months to catch up with the overload of last minute filers before the fee increase.

 

I'm looking forward to seeing if there's any noticeable speed differences after these huge fee increases.

[warpedbored]

Bottom line is a K-1 is a single entry visa. She can't leave the US and re-enter until she gets advanced parole or adjusts status.

[jim_julian]

Let me question you basic premise ... why wait???

 

You CAN have a big wedding celebration in China BEFORE you get married in the US. Check here -> China -> Chongqing Wedding Banquet.

 

Put on an all day lunch/dinner at a nice restaurant before you and Sunshine go home. The family will TOTALLY accept it as you two being married. Tell Sunshine that by going down this route you will "save money" (works every time!).

 

Seriously ... conside the wedding banquet before marriage thing; it worked great for us.

[I love Sunshine]

Let me question you basic premise ... why wait???

 

Seriously ... consider the wedding banquet before marriage thing; it worked great for us.

 

Thanks all for your input and responses. I appreciate knowing this information and it helps us make a good plan.

 

Yes, my Sunshine is proud of being frugal (it's the Shanghai in her), so it would be an easy sell. I had to tell her it wasn't appropriate to proudly tell others she was a "cheap girl" and to instead use "frugal" or "thrifty".

 

Jim, I like your plan to do it before she leaves China. Your banquet looked very nice. However, I will go back to school again to work on my PhD in a few weeks, and my time is limited before her interview. We might have time for the studio pictures when I come to pick her up, but it is all dependent on GUZ's timing. I want to be there for her interview, but only hope it is not during my final exams.

[Meiji Huaren]

Some point after marriage and filing for AOS, you will just include I-131 in with the I-485 (AOS) package.

 

On I-131 you will specify when you plan on traveling to China. I-131 (AP) tends to take 90 days or so to process. Once you have the AP document in hand you can travel to China. You cannot travel until you have either AP or Green-Card in hand, doing so is considered to be abandoning the AOS process, and a new visa would be needed to return to USA, this time either CR-1, or K-3.

 

This might be a stupid question but I thought that nothing has to be filed (I-131). I was under the impression that once the green card is received, she is free to leave the country to travel. Anyway thanks for letting us know.

[Randy W]

 

This might be a stupid question but I thought that nothing has to be filed (I-131). I was under the impression that once the green card is received, she is free to leave the country to travel. Anyway thanks for letting us know.

 

 

Yes - but the Advance Parole (AP) I-131 form may be filed with your AOS application if you wish to travel before you receive your green card.

 

AOS processing can take anywhere from a few months to several years. Without AP, you will be unable to return if you leave the country.

 

Although, again, the new procedure is up for grabs. If it's like DORA, they might wait 3 months, tell you it's not approved, and to file the I-131 separately.

Edited August 2, 2007 by Randy W (see edit history)

[Meiji Huaren]

 

 

Yes - but the Advance Parole (AP) I-131 form may be filed with your AOS application if you wish to travel before you receive your green card.

 

AOS processing can take anywhere from a few months to several years. Without AP, you will be unable to return if you leave the country.

 

Although, again, the new procedure is up for grabs. If it's like DORA, they might wait 3 months, tell you it's not approved, and to file the I-131 separately.

 

Wow a few years!!! Ok so this makes sense now. Thanks for clarifying.