After marriage in USA, can wife return to China immediately?

[True Blue]

Filed K-1 and hopefully Lisa can come hee and we can get married.

She intends to live here but will need to make several trips back to China to get her affairs in order, pack etc.

 

We will file for green card after marriage.

 

Is there any minimum time she must remain here after the wedding or can she go back to China immediately? If she leaves immediately will she have a problem re-entering the country?

[Sebastian]

it's not necessarily time-ticks in a calendar, so much as it is 'status'.

 

Once the AOS packet is filed, AP can be included.

 

If she goes back to China immediately, she cannot return.

 

But... with AP or the greencard in hand, she can go back to China, no problem.

 

AP maybe granted with 60 days of filing AOS (48 to 90 days, time span for granting, depending on your service center) and the GreenCard could be 60 days to 200 days, depending on your service center and many other variables.

 

FWIW, she doesn't HAVE to leave China as soon as she has the k-1 visa - she has up to 6 months before she jumps the pond. Wouldn't 6 months be enough time to handle all of her matters?

Edited April 7, 2009 by Sebastian (see edit history)

[warpedbored]

A K-1 visa is a single entry visa. Once she enters the USA she will not be able to leave and return until she either has her green card or advanced parole. Once you file for her adjustment of status (AOS) you can file an I-131 for advanced parole. Here is a link to the form.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Once she is here you have 90 days in which to marry. Once you marry you can file the I-485 to adjust her status to conditional permanent resident. While you are at it you might as well file the I-765 employment authorization document (EAD) since it is free if filed with the I-485. Timelines vary from regional service centers but you can expect to wait about 3 months from the time you file before she can return to China.

[Randy W]

Filed K-1 and hopefully Lisa can come hee and we can get married.

She intends to live here but will need to make several trips back to China to get her affairs in order, pack etc.

 

We will file for green card after marriage.

 

Is there any minimum time she must remain here after the wedding or can she go back to China immediately? If she leaves immediately will she have a problem re-entering the country?

 

 

Yes - the K-1 is single-entry ONLY and she CAN NOT return if she leaves the country

 

UNLESS she has AP (Advance Parole), or a green card.

 

You apply for Advance Parole by filing an I-131 along with the AOS application after you are married.

 

So typically, it's 1 week to 90 days (you must marry within 90 days) to marry and file for AOS. Then another 60 to 90 days to get the AP in hand. The AP is awarded for use while the AOS is being processed.

 

So you're looking at 90 to 180 days before she can leave the country once she uses the K-1.

 

Do all that stuff before she comes

[dnoblett]

The only why a person could leave the USA imediatly after entry would be with an IR-1, CR-1 or K-3 Spousal visa. K-1 is a single entry visa and MUST marry and then apply for Adjustment of status and Advance Parole, AND have the AP document or Green-Card IN-HAND before leaving the USA.