traveling back to China

[June03]

My question is how can my fiance travel back to China once he receives his K1 visa.

 

My fiance still needs to finish his schooling in China, so after K1 is approved, he can come to the states and get married around summer time and after that can he go back to China to finish his school? Can he go back to China with a K1 visa or does he have to apply for something else? Or does he have to wait for the Adjustment of Status to be approved then he can travel back to China. I am totally confused, can someone tell me how this traveling from and to China thing would work after his K1 visa?

[tonymasiello]

He should be able to file for Advanced Parole (AP) along with the Adjustment Of Status (AOS). The AP will allow him to re-enter the country before the AOS has been processed.

 

http://uscis.gov/graphics/howdoi/legpermres.htm

[bobmal99]

The K-1 Visa is a one time only, single entry Visa. After you get married and when you apply for the AOS then you should also apply for an AP (advance parole) multiple entry document. This is the only way a husband or wife can travel to China and get back in the USA legally.

[Jim - Portland, USA]

The K1 visa is one-time deal. All the K1 does is give your sweetie the "privelage" to approach an immigration officer at a US port of entry and ask for permission to enter the US. If/when the immigration officer allows your sweetie to enter the US, then the K1 turns to dust and holds no value of any kind other than for sentimental value. Thus, nothing involving a K1 can be used to approach an immigration officer a second time.

 

So, to answer your question (kind of), he will have to either get Advance Parole (AP) or finish the Adjustment of Status (AOS)process.

 

Caution! If I'm not mistaken, if your sweetie applies for AP, but is out of the US for ... a certain period of time and does not return within that certain period of time, then in the eyes of the US government, he will have abandonded his quest to reside in the US and WILL NOT be allowed to re-enter the US. I think he has to return to the US within 6 months?? I'm really not sure. You didn't say how long he plans to return back to China. But if it's longer than 6 months (to finish his school), then be careful. Also ... the AP is not supposed to be used for such purposes (finishing school) so in a way it's an abuse of the AP, that's another thing to be careful about.

 

Best advice ... he should wait until after AOS to go back to China to finish his school. Unless someone else knows better?

[tonymasiello]

Jim is correct. I looked at the instructions for the Form I-131 and this passage seems to make the point clear...

 

Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.

[frank1538]

Caution!  If I'm not mistaken, if your sweetie applies for AP, but is out of the US for ... a certain period of time and does not return within that certain period of time, then in the eyes of the US government, he will have abandonded his quest to reside in the US and WILL NOT be allowed to re-enter the US.  I think he has to return to the US within 6 months??  I'm really not sure.  You didn't say how long he plans to return back to China.  But if it's longer than 6 months (to finish his school), then be careful.  Also ... the AP is not supposed to be used for such purposes (finishing school) so in a way it's an abuse of the AP, that's another thing to be careful about.

 

Best advice ... he should wait until after AOS to go back to China to finish his school.  Unless someone else knows better?

If I remember correctly, Jingwen's AP was valid for one year.

[June03]

Thanks for the info. Umm... how long does an AOS usually take? From time of file to time of approval.

[frank1538]

Thanks for the info.  Umm... how long does an AOS usually take?  From time of file to time of approval.

Ir depends on where you file. Take a look at https://egov.immigration.gov/cris/jsps/ptimes.jsp? and select the district office where you'll be filing. It will give you an idea of how long it will take to process the I-131 (AP) and the I-485 (AOS). Incidentally, while AP and AOS can be filed together, they are processed separately, so it's possible to get AP before the AOS is processed. Atlanta is a good example. They are processing APs from November, 2004, but AOS processing is 2+ years behind.

[June03]

Yeah, forgot to mention, I will be filling in Los Angeles California. ...probably the slowest place to file for anything.