Married in US....Living in China

[jimu07]

I have just become a member here and wish to introduce myself and send greetings to all B)

 

My fiance and i are awaiting her visa so she can come to US and we can be married here. She then needs to return to China as she has only a couple of years to get her retirement. Although in US money it is not much it is important to her as she has worked many years for this. After we marry can we live together in China or would that be too complicated? We are eager to begin our lives together...

 

Thanks for any info and I wish everybody here the best of luck in your endeavors.. Jimu

[Randy W]

Welcome to CFL.

 

She may abandon the K-1 visa and live in China instead. There is no problem in doing that. But to later return to the US, you will need to file an I-130 and go through the process all over again.

 

She may file to adjust status (AOS) while in the US. This may take 6 months to 2 years, but she can make return trips to China with an AP (Advanced Parole) form.

 

But based on what you've said, you're already in China (are you?). You could simply stay there (or get a visa and go there). Why does she want to come to the US, and how long are you planning to stay here?

[Tom and Ling]

Hi jimu07,

 

Like Randy suggested....If you are in China or you want to marry and moved to China for a couple of years......why even do that.

 

If you can move to China for a couple of years, Why not just go to China and marry in China, and than you can do a DCF (Direct Consulate Filing) in China. Seems to me that if I was able to live and work in China, and my wife wanted to live in China for a couple of years...I would be on the first plane over there and marry her over in China....just my opinion however.

 

Tom and Ling

 

***After we marry can we live together in China or would that be too** **complicated? We are eager to begin our lives together...***

[C4Racer]

I have just become a member here and wish to introduce myself and send greetings to all B)

 

My fiance and i are awaiting her visa so she can come to US and we can be married here. She then needs to return to China as she has only a couple of years to get her retirement. Although in US money it is not much it is important to her as she has worked many years for this. After we marry can we live together in China or would that be too complicated? We are eager to begin our lives together...

 

Thanks for any info and I wish everybody here the best of luck in your endeavors.. Jimu

 

Yes, it would complicate things. An immediate return to China would be viewed as an abondonment of LPR status. There is certain criteria you must follow to keep green card. Once it is considered abondoned it might make it hard to get later. This would make it more difficult to move back to the US later. So if you both can live in China for now, like Tom says, why not marry in China. You can file to come to the US later when it is time to live here.

[Guest Rob & Jin]

If she comes here on a K-1, you marry, then return to China for 2 years, even with AP(advanced parole) it may not be easy to re-enter the USA, as you have not "adjusted status" .

 

If you adjust status, wait for "conditional green card- valid for 2 years" she would need a re-entry permit to return which may be difficult as you spent the whole 2 years of her card outside of the USA.

 

A fiancee visa in reality is a "immigrant visa" not a visitor visa.

[Randy W]

Not true - it is a 90 day non-immigrant visa. She may come here, get married, and leave within the 90 days. She wouldn't be abandoning anything. It's been done.

 

Oh, I see! Your title says "Living in China", but you don't say if that's before or after.

 

So what exactly do you need help with? Living in China? or returning to the US?

Edited June 20, 2008 by Randy W (see edit history)

[Guest Rob & Jin]

Not true - it is a 90 day non-immigrant visa. She may come here, get married, and leave within the 90 days. She wouldn't be abandoning anything. It's been done.

 

If she leaves for 2 years, right after marriage ?

 

I'm assuming her employer is not going to keep her job for her while they wait for either AP or AOS. I wasn't talking abondonment, as she got married, so fufiled that requirement, I was talking re-entry, do you really know they will issue a AP for a 2 year absence before applying for the GC ?

 

how will they do AOS interview if in China ?

Edited June 20, 2008 by Rob & Jin (see edit history)

[Randy W]

Not true - it is a 90 day non-immigrant visa. She may come here, get married, and leave within the 90 days. She wouldn't be abandoning anything. It's been done.

 

If she leaves for 2 years, right after marriage ?

 

I'm assuming her employer is not going to keep her job for her while they wait for either AP or AOS.

 

 

She can LEAVE anytime she wants. The visa allows her to stay for up to 90 days. Only. It does NOT allow a second entry. Once she is married, she would need a CR-1 or K-3 visa to re-enter.

 

What's completely unclear is why she would get a K-1 visa if they are planning on living in China. If they are planning on returning to the US after 2 years, the CR-1 would allow her to adjust status (immediately) when she returns (or enters for the first time if they skip the K-1).

 

If she does want to immigrate to the US, she should wait until 1 year before she wants to come, and apply for a CR-1 at that time.

Edited June 20, 2008 by Randy W (see edit history)

[Guest Rob & Jin]

Agreed B)

 

DCF would seem to make more sense

Edited June 20, 2008 by Rob & Jin (see edit history)