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NeedsInfo

U.S. citizen with a Chinese girlfriend here on a work visa. Need help.

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Filed: Other Country: China
Timeline

Needsinfo,

Welcome to the forum.

I would like to offer some advice based on my opinion only. Chinese culture is very different from the one you grew up in (I assume you grew up in the western world). It is an amazing and diverse culture but very different. Even in the short period of time that you have known this woman you've probably noticed some of these culture differences. I've been traveling to China for over 10 years and have known my wife since 2008 and I'm still trying to figure out how the Chinese mind thinks. It is a lot of fun!

So let me start with my opinion based advice. The immigration stuff will happen in due course, it's really not that difficult. Don't rush a relationship because you think it will make the process quicker. Don't start her immigration journey with an overstay and don't deprive yourselves of the courtship experience. Let her go back when her visa expires and then go to China and spend six months. Start to learn about the culture, eat real Chinese food, meet the family. Give her a romantic courtship that she will never forget.

If after all this and things are still awesome get married and file a petition to bring your wife to the US or...maybe you fall in love with the country as well and decide to stay there. Who knows?

She has stepped outside of her comfort zone to come here and work now you give it a try.

We waited 3 years to get married and I'm glad we didn't rush it. The dating part was a lot of fun! Don't get me wrong the married life is to but it's ok take your time.

Good luck whatever you decide to do. Remember to be patient with her, as she will be with you.

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I wonder what's OP's gf opinion. She wants to get married too? right now?

I am from China and I have to say I won't get married to somebody that my parents have never met.

So getting married after 2 months is a pretty bad idea and you both know the reason why your rushing into it.

But oh well, who am I to judge. If you want her so bad then just get married in a court tomorrow and file for AOS right away.

Here is the guide you need: http://www.visajourney.com/content/i130guide2

You can message me if you have more question.

jF5Jm7.png


AOS from F1:
Day0 -- 2012.05.08 Sent packet through USPS
Day1 -- 2012.05.09 Packet delivered at 1:29pm
Day7 -- 2012.05.15 Emails/texts acceptance confirmation at 5:16pm
Day8 -- 2012.05.16 Checks been cashed in the morning
Day11--2012.05.19 I-797C 4 hard copies received.
Day14--2012.05.22 Biometrics Appointment received. Scheduled for June 5th.
Day15--2012.05.23 Biometrics Completed at 1:30pm (2 weeks earlier than the scheduled date)
Day27--2012.06.04 Card production ordered for EAD&AP
Day28--2012.06.05 Second card production ordered email received for EAD.(why?)
Day30--2012.06.07 EAD&AP Combo Card mailed
Day32--2012.06.09 EAD&AP Combo Card received
Day98--2012.08.14 Interview scheduled for Sep.18th @12:30pm(thank god I don't have school that day)
Day100-2012.08.16 Interview notice hard copy received
Day133-2012.09.18 Interview!! I-485 updated to Card Production around 3:30pm
Day134-2012.09.19 Online Update: I-130 approved; I-485 New permanent Resident Status Registered.
Day136-2012.09.21 Second Card production Email.
Day141-2012.09.26 GreenCard received. (Done for 2 years!)

ROC:

Day0 -- 2014.07.07 Sent package to CSC by USPS

Day1 -- 2014.07.08 Package delivered

Day3 -- 2014.07.10 Check has been cashed

Day4 -- 2014.07.11 I-797 Hard Copy Received

Day12--2014.07.19 Biometrics Appointment received. Scheduled for Aug 5th.

Day23--2014.07.30 Biometrics Completed @1pm (6 days early)

Day95--2014.10.10 Card Production

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Filed: Timeline

I'm a salary employee so I can't just take 6 months off of work to go to China. The most I could do is a 3 week vacation.

She's not opposed to getting married either. We both believe we're right for each other.

Here's some updated information. Her visa is a J1 that expires next June. The program she's in ends on September 15, after which she has a 30 day grace period. I don't think the two year rule is checked on her DS-2019 form. What are the consequences of overstaying this grace period while staying under 180 accrued out of status days? When will she start to accrue out of status days? Will it make getting a green card through marriage more difficult in the future?

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She starts accruing out of status days as soon as her grace period is over. It shouldn't make a spousal visa more difficult in the future so long as she 1) Doesn't hit 180 and 2) Doesn't get detained/deported. It will make it impossible for her to come back and visit, however.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: Timeline

She starts accruing out of status days as soon as her grace period is over. It shouldn't make a spousal visa more difficult in the future so long as she 1) Doesn't hit 180 and 2) Doesn't get detained/deported. It will make it impossible for her to come back and visit, however.

Thanks for the reply. Will the green card she receives be a temporary one or a permanent one? I've heard of people receiving temporary ones before getting their permanent green card.

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If the application for AOS is made before you have been married for two years, she will receive a conditional (2 year) Green Card.

Then within 90 days of the expiry of her 2 year GC, she'll apply for removal of conditions. If granted, she'll get a 10 year GC. More fees to pay, more forms to fill, but that's how it goes.

11-24-2006 Annette and I meet in Rome

09-09-2008 Engaged!

01-30-2009 Fiance petition filed

03-22-2009 Fiance petition approved. Case moves to U.S. embassy in London

04-01-2009 Package received from U.S. embassy in London

06-01-2009 Visa Medical (London)

06-23-2009 K1 Visa Interview (London)

06-27-2009 Passport returned by embassy. K1 Visa received!!

07-04-2009 Fly to Denver (port of entry - Houston, TX)

07-25-2009 We are married (the joint happiest day of my life)

08-07-2009 Social Security number obtained

08-20-2009 AOS, Advanced Parole and Employment Authorization forms filed

09-24-2009 Biometrics appointment (Aurora, CO)

10-05-2009 Advanced Parole received

10-09-2009 Employment Authorization received

10-13-2009 Colorado Learner's permit obtained and driving test scheduled

10-21-2009 Driving test taken and passed

11-30-2009 Green Card Interview (Centennial, CO)

12-08-2009 Green Card received

01-04-2010 Employed

01-28-2011 Our daughter is born (the other happiest day of my life)!

11-21-2011 Filed for Removal of Conditions

12-28-2011 Biometrics appointment (Aurora, CO)

03-16-2012 Card production ordered

03-23-2012 Card received

09-04-2012 Application for Naturalization filed

10-05-2012 Biometrics appointment (Aurora, CO)

12-11-2012 Naturalization Interview (Centennial, CO)

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Filed: Timeline

If the application for AOS is made before you have been married for two years, she will receive a conditional (2 year) Green Card.

Then within 90 days of the expiry of her 2 year GC, she'll apply for removal of conditions. If granted, she'll get a 10 year GC. More fees to pay, more forms to fill, but that's how it goes.

Would she be able to travel in and out of the country (e.g., our vacation) on the 2 year conditional green card?

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