Quick leave after marriage

[Mitch0526 1]

Hopefully someone can help me with this question, but I'm sure very few have experience with my plan.

My fiance and I are planning to enter the US with her new visa on July 25, quickly get married, and then return to China, all within 3-4 weeks.

Does anyone know any trouble we will run into with this plan? I read that if she goes abroad before receiving the Adjustment of Status or Advanced Parol, she won't be allowed to get back in the US. Is it possible to begin this process and be able to continue it while in China if it takes longer than 3 weeks? I also read that if she leaves before we get either the AOS or AP, we would have to get a spousal visa the next time she wants to come again, which would be a lot of hassle.

Any help with this would be greatly appreciated.

[HawaiianCecil 31]

You will need to apply for, and receive, advanced parole before even thinking about going anywhere! 3-4 weeks is completely out of the question unless you really want to start all over with a spousal visa....

[Lynkali 163]

That's just a really bad idea, I'm afraid. AP takes way more than 3-4 weeks and yes, if she leaves before her AP is in hand, she will NOT be able to return without starting all over with a spousal visa, which takes even longer than the K-1 process these days.

I do not think she can receive her AP *after* she leaves the USA -- I'm no expert but I believe you have to be in the country at the time?

I suggest you rethink your China trip, because otherwise that's ... just ... BAD.

[Penguin_ie 5,994]

Why do you need to return to China and for how long?

There won't be any problems with leaving the USA, but she won't be able to get back in unless she

a) has a spousal visa (takes about a year to get) or

b) you wait inside the USA until she has advance parole and can travel, which currently takes around 3 months.

[canadian_wife 1,822]

If you leave without the Advanced Parole or the green card, you will need to petition for a spousal visa and all your waiting and fees will be for nothing

good luck

[Mitch0526 1]

Our goal of getting the fiance visa has been to be able to take her back to the States in order for my family and friends to witness us getting married. I am a university teacher in China and I am unable to be away from China for more than 1-2 months. This summer, I only have less than 4 weeks available. I am a US citizen, but we are planning on living in China for the rest of our lives. We wanted to use the visa to make short trips to visit friends and family once every year or 2 for a month or less.

I'm not sure how I missed all the information about her not being able to leave and return without the AOS or AP. After this summer, the next time we would want to go back to the US is Summer 2014 or Winter 2014-15.

Looks like I made a mistake...

Anyone have a solution....?

[Penguin_ie 5,994]

The other thing you missed is that even if you/ she was able to stay until she gets the greencard, the greencard is more accurately called legal PERMANENT RESIDENCY. Ie she would need to spend more time inside than outside the USA to keep it.

What I would probably do is go ahead and get married in the US, go home to China, then have her apply for a tourist visa (which is really what you should have done in the first place). When she goes for the tourist visa interview, she should bring evidence not only of HER having ties to China (good job, owning property, elderly parents she is looking after etc), but also you, as her US citizen husband, having ties to China and not wanting to move back to the USA.

[Mitch0526 1]

Thanks for the idea. We will probably do that. We were actually going to do that in the first place, but we just kept on hearing it was a lot of trouble for Chinese people to get a visa to America.

[Mitch0526 1]

Also, should my fiance mention our intentions of not staying in the US during the interview at any point? Would that be something they would dislike and decrease our chances or obtaining the visa?

[Big Baby 11]

The purpose of the K1 visa is for your fiancee to be able to marry you within 90 days of arrival and live with you in the USA as your wife. If you don't wish to live in the USA, why pay all the money and endure all the hassle? She can apply for visitor visas periodically as can other Chinese citizens. AP times vary. I applied for AP on January 21 and received it March 20 (approval date: March 15). After getting married in the USA, we applied for advance parole for my wife to be able to visit her father in the event of another hospitalization. We had waited so long for our fiancee visa that he was hospitalized for one week already. Even if you obtained advance parole, you only have something like 12 months cumulative for your beneficiary to be outside of the United States. My recommendation would be to get married there where you are living and working and planning to spend the rest of your lives. Invite some friends over there, or send them some wedding photos.

[baron555 934]

Hopefully someone can help me with this question, but I'm sure very few have experience with my plan.

My fiance and I are planning to enter the US with her new visa on July 25, quickly get married, and then return to China, all within 3-4 weeks.

They can leave at any time....but will not be able to get back in unless they have received their AP or GC. If you leave before you adjust status, then to return they will have to have a CR-1 visa, which will take about a year to begin. Seems senseless to go through the trouble for the K-1 just to throw it all away and then have to wait a year more for the CR-1 (which they will need since they are then married.)

Does anyone know any trouble we will run into with this plan? I read that if she goes abroad before receiving the Adjustment of Status or Advanced Parol, she won't be allowed to get back in the US. Is it possible to begin this process and be able to continue it while in China if it takes longer than 3 weeks? I also read that if she leaves before we get either the AOS or AP, we would have to get a spousal visa the next time she wants to come again, which would be a lot of hassle.

Any help with this would be greatly appreciated.

[bigdog 376]

i would get married in China, since you are living there. Send a CD home or put the marriage on the internet for your friends. If and when you are going to return to the US file as married and return. Seems like a lot of money, time etc. to do it your way. K-1 is for someone planning to immigrating to the US through marriage and staying. Good Luck what ever your decision is.

[Pitaya 2,577]

i would get married in China, since you are living there. Send a CD home or put the marriage on the internet for your friends. If and when you are going to return to the US file as married and return. Seems like a lot of money, time etc. to do it your way. K-1 is for someone planning to immigrating to the US through marriage and staying. Good Luck what ever your decision is.

[Mitch0526 1]

Here's one option: I need to return to China, but what if she stays in the US and waits for the AP? It would be possible that she could wait a couple months but not beyond that. Can she get that and then enter and re-enter again? We would like to come back to the US Summer 2014. Would that be possible? I read that the AP doesn't guarantee re-entrance.

What if we tried for the CR-1 after getting the K-1 but leaving really quickly before we adjusted her status? Do the chances of getting the CR-1 or K-3 decrees if you have already done something like this?

[Mitch0526 1]

Also, is there a possibility for the AOS or AP to be sent to her from the US to China if we love after only 3 weeks?