Green card

[Gordon]

My fiance's daughter is attending college in China and wants to finish her schooling there but we want her to come to America with us. Is there anyway she can come to America with us after the interview and then return to China for schooling without waiting for the green card but still get her green card without going through the immigration process again? Did I explain this right?

[dnoblett]

K-2 like K-1 is a single entry visa, so if she comes to the USA she needs to Adjust status, and have AP or Green Card in order to return to China.

 

Also you say college age, keep in mind that K-2 needs to adjust status and have green-card BEFORE age 21 or they WILL age out and need to go through immigrations all over again as F2 class immigrant.

Edited November 5, 2007 by dnoblett (see edit history)

[Randy W]

K-2 like K-1 is a single entry visa, so if she comes to the USA she needs to Adjust status, and have AP or Green Card in order to return to China.

 

Also you say college age, keep in mind that K-2 needs to adjust status and have green-card BEFORE age 21 or they WILL age out and need to go through immigrations all over again as F2 class immigrant.

 

Don't count your chickens before they're hatched here, guy. There is no law that states that - the visa requires that the "child" be under 21 and must apply for AOS by age 21 - but does not explicitly require our K-2's to remain children anymore than it requires our K-1's to remain fiance's.

[Gordon]

K-2 like K-1 is a single entry visa, so if she comes to the USA she needs to Adjust status, and have AP or Green Card in order to return to China.

 

Also you say college age, keep in mind that K-2 needs to adjust status and have green-card BEFORE age 21 or they WILL age out and need to go through immigrations all over again as F2 class immigrant.

 

Don't count your chickens before they're hatched here, guy. There is no law that states that - the visa requires that the "child" be under 21 and must apply for AOS by age 21 - but does not explicitly require our K-2's to remain children anymore than it requires our K-1's to remain fiance's.

My future daughter is 18yo so she still has time before turning 21 anyway. My main concern (and hers) is getting her education in China without giving up the progress of our immigration process which is almost complete. Interview is in two weeks in Guangzhou.

[david_dawei]

the main problem is not leaving back for china; it's having a second entry authorization to the US.. so an AP was mentioned and a GC is another way.

 

You could consider her to "follow to join" which means she'll simply come later to the US... I think that is one year from the K1 issuance (?), but someone can probably be more specific on the timeframe, since what I'm not sure of is: If she has to enter within one year or get her own K2 visa within one year.. if the later, then she would have six months to enter (so it could be 1.5 years).. but hopefully someone will clarify this.

[Randy W]

She must be awarded (and use) the K-2 within 1 year of the date her mother's was used.

 

We went over the 1 year mark after the mother's was awarded, but less than 1 year from when it was used.

[david_dawei]

She must be awarded (and use) the K-2 within 1 year of the date her mother's was used.

 

We went over the 1 year mark after the mother's was awarded, but less than 1 year from when it was used.

So you mean, one year from the mother's entry to the US?

 

So the mother could delay her entry in order to give the follow-to-join more time?

[jim_julian]

Gordon ... maybe she could consider a "year abroad" in a similar school in the US and then use those credits at the Shanghai school?

 

With the right timing that would solve all the problems.

[tywy_99]

My fiance's daughter is attending college in China and wants to finish her schooling there but we want her to come to America with us. Is there anyway she can come to America with us after the interview and then return to China for schooling without waiting for the green card but still get her green card without going through the immigration process again? Did I explain this right?

You can go thru with the K1/K2 interview. After receiving the visas and coming to the United States, you can file form I-131, Advance Parole and let her return to China to finish college.

That's one way to appraoch it.

[Gordon]

My fiance's daughter is attending college in China and wants to finish her schooling there but we want her to come to America with us. Is there anyway she can come to America with us after the interview and then return to China for schooling without waiting for the green card but still get her green card without going through the immigration process again? Did I explain this right?

You can go thru with the K1/K2 interview. After receiving the visas and coming to the United States, you can file form I-131, Advance Parole and let her return to China to finish college.

That's one way to appraoch it.

Hey Ty, how long do you think it would take (approx.) to file and receive the advance parole?

[Gordon]

Gordon ... maybe she could consider a "year abroad" in a similar school in the US and then use those credits at the Shanghai school?

 

With the right timing that would solve all the problems.

Thanks Jim, the concern is that she does not speak much English so everybody agreed that it would be best (and quickest) for her to finish college in China. Otherwise she is going to spend a year or more learning English well enough just to attend college here. By the way, how is CiCi doing?

[tywy_99]

My fiance's daughter is attending college in China and wants to finish her schooling there but we want her to come to America with us. Is there anyway she can come to America with us after the interview and then return to China for schooling without waiting for the green card but still get her green card without going through the immigration process again? Did I explain this right?

You can go thru with the K1/K2 interview. After receiving the visas and coming to the United States, you can file form I-131, Advance Parole and let her return to China to finish college.

That's one way to appraoch it.

Hey Ty, how long do you think it would take (approx.) to file and receive the advance parole?

I'd say at most, 90 days. To trim it down; 60 to 90 days. You can begin preparing the application at you leisure.

 

-good luck

[jim_julian]

Gordon ... maybe she could consider a "year abroad" in a similar school in the US and then use those credits at the Shanghai school?

 

With the right timing that would solve all the problems.

Thanks Jim, the concern is that she does not speak much English so everybody agreed that it would be best (and quickest) for her to finish college in China. Otherwise she is going to spend a year or more learning English well enough just to attend college here. By the way, how is CiCi doing?

 

hehehe ... wrong daughter's name, that's Lee's daughter.

 

Anyway ... she just finished mid-terms, all grades are right on the A/B border now. She's happy in school and plans to take increased load next semester (she's at min full load now). She has her GC, SSN, and driver's permit ... life is good!

 

For those that don't know it, Gordon's daughter and my daughter were classmates in China ... we just figured that out a few weeks ago. Small world!

[SirLancelot]

For those that don't know it, Gordon's daughter and my daughter were classmates in China ... we just figured that out a few weeks ago. Small world!

 

 

That is trippy! Indeed a very small world.

 

Gordon, I'd suggest you bring your step-daughter to the US ASAP if her intention is to live in the US. If her intention is to live in China, than a Chinese college degree may be useful, but if her intention is to live in the US, her degree is useless in the US. Hardly any place accepts a Chinese college degree--not even if it's Peking University or XinHau (which is China's version of MIT and Harvard). So it'll be a waste of time.

 

Just a thought. Obviously she's going to do what she wants to do but she needs to know that her degree will most likely be useless in the States.

[Randy W]

For those that don't know it, Gordon's daughter and my daughter were classmates in China ... we just figured that out a few weeks ago. Small world!

 

 

That is trippy! Indeed a very small world.

 

Gordon, I'd suggest you bring your step-daughter to the US ASAP if her intention is to live in the US. If her intention is to live in China, than a Chinese college degree may be useful, but if her intention is to live in the US, her degree is useless in the US. Hardly any place accepts a Chinese college degree--not even if it's Peking University or XinHau (which is China's version of MIT and Harvard). So it'll be a waste of time.

 

Just a thought. Obviously she's going to do what she wants to do but she needs to know that her degree will most likely be useless in the States.

 

 

There are plenty of people in my office who got bachelor's degrees in China, and were then accepted to graduate school in the US.