I-131

[TomandHongyan 0]

Can anyone please tell me in detail what I need to do. My wife came over here on a K-1 Visa on June 15, 2010 and we got marriade on June 25,2010. We have not filed for the I-485 because she need to go back to China as soon as possible due to her work. Can I just file the I-131 so she can travel to China and then be able to come back to the states without any troubles? If anyone knows a better and quicker and cheaper way for her to be able to travel back to China and still be able to come back into the States, please reply as soon as possible.

[bahisgirl 11]

Unfortunately if she has not yet adjusted status or recieved advanced parole she will not be able to reenter the country if she leaves now. It is my understanding that in order to bring her back you will need to start the visa process over and try to obtain a CR1 visa, sadly though, that could take several months to a year.

Good luck.

[Penny Lane 8,159]

No, the K-1 Visa is a single entry only Visa. Until she adjusts status or applies for AP, she cannot go to China and come back.

[belinda63 3,031]

She cannot file for AP independent of her AOS as far as I know.

[JimVaPhuong 4,863]

Can anyone please tell me in detail what I need to do. My wife came over here on a K-1 Visa on June 15, 2010 and we got marriade on June 25,2010. We have not filed for the I-485 because she need to go back to China as soon as possible due to her work. Can I just file the I-131 so she can travel to China and then be able to come back to the states without any troubles? If anyone knows a better and quicker and cheaper way for her to be able to travel back to China and still be able to come back into the States, please reply as soon as possible.

No. Without a pending AOS petition, her advance parole would be denied. If you had submitted her AOS application immediately after you married then she might have had her advance parole by now, or would be receiving it soon. If you file the AOS now, along with the I-131, then she's not going to get the advance parole for a couple of months.

Consulates do occasionally revalidate a K1 when the alien has a true emergency that requires them to leave the US, but they must return before the original expiration date of the I-94. Unfortunately, they must still be unmarried in order to have the K1 revalidated. This is spelled out in section 48.81 N6.3 of the Foreign Affairs Manual.

If your wife leaves the US now then you'll have to repeat the visa process, this time with a spousal visa.