Return to China

[jp2008]

How long after my fiancee arrives in the US, can she go back to China to visit?

 

I know that K1 visa has 90 days limit to marry before expiration, but after we marry, how long does it take for her to get somesort of permission to leave the country (and come back)?

 

Thanks!

[2mike&jin]

How long after my fiancee arrives in the US, can she go back to China to visit?

 

I know that K1 visa has 90 days limit to marry before expiration, but after we marry, how long does it take for her to get somesort of permission to leave the country (and come back)?

 

Thanks!

 

The Key for her to leave the US is of course her ability to get back in. You have 2 ways to do this. (1) When you file for AOS you also file for EAD (authorization to work) and AP (Advance Parole) at the same time. The AP is a piece of paper that basically says - you can come back into the US. So she needs this at a minimum. This takes about 60-90 days after you file AOS. (Look at our timeline)

 

The second way - and most secure is to have the AOS completed, ie. Green Card in hand. This takes about 5-6 months after your file AOS, unless there is a problem - which doesn't happen too often. (All three applications AOS, EAD, AP are handled concurrently- one price). Generally most K1's do the following; the fiance arrives in the US, a marriage takes place, within about 2-3 weeks you get a certified copy of the marriage certificate, and then you file the AOS, EAD, & AP.

 

 

 

However, some are concerned with traveling on an AP and only obtained it in the event of an emergency or some "really good reason" for going back to China. The issue is, you don't have a US VISA in your passport you only have a Piece of Paper from the US. Many people think that this will cause problems when trying to exit China. Many have traveled on the AP and had NO problems..your mileage may vary. The GC is a sure thing...no hassles. Best of Luck

Edited March 29, 2009 by 2mike&jin (see edit history)

[jp2008]

How long after my fiancee arrives in the US, can she go back to China to visit?

 

I know that K1 visa has 90 days limit to marry before expiration, but after we marry, how long does it take for her to get somesort of permission to leave the country (and come back)?

 

Thanks!

 

The Key for her to leave the US is of course her ability to get back in. You have 2 ways to do this. (1) When you file for AOS you also file for EAD (authorization to work) and AP (Advance Parole) at the same time. The AP is a piece of paper that basically says - you can come back into the US. So she needs this at a minimum. This takes about 60-90 days after you file AOS. (Look at our timeline)

 

The second way - and most secure is to have the AOS completed, ie. Green Card in hand. This takes about 5-6 months after your file AOS, unless there is a problem - which doesn't happen too often. (All three applications AOS, EAD, AP are handled concurrently- one price). Generally most K1's do the following; the fiance arrives in the US, a marriage takes place, within about 2-3 weeks you get a certified copy of the marriage certificate, and then you file the AOS, EAD, & AP.

 

 

 

However, some are concerned with traveling on an AP and only obtained it in the event of an emergency or some "really good reason" for going back to China. The issue is, you don't have a US VISA in your passport you only have a Piece of Paper from the US. Many people think that this will cause problems when trying to exit China. Many have traveled on the AP and had NO problems..your mileage may vary. The GC is a sure thing...no hassles. Best of Luck

 

Wow, thanks alot for the in depth feed back.

[Carl]

Best to wait, if possible, for her to get her green card. Travel back and forth will be no problem. On our second trip, Ying's 2 year card was technicaly expired, but she had thye extension letter and had no trouble getting out of China and back in the US.