Quick leave after marriage

[Mitch0526 1]

*leave after 3 weeks

[Inky 1,110]

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?

No, if she leaves everything is canceled due to abandonment.

There is no reason for you to get a green card. The green card is for living in the USA. You do not intend to live in the USA. It would be a waste of your time and money. The green card is not a travel document. She cannot hold onto it and use it for only traveling to the US on vacation.

[brightskte 18]

What you are doing makes absolutely zero sense. None.

You don't want to live in the U.S. and really just want to use the visa as a way for her to travel here, correct? Even if she gets her AP and whatnot you still have to file for permanent residency. Which, common sense will tell us, means that she is going to reside in the U.S. permanently. She can't live in China and make short trips here while keeping her residency status, as being a PR means that you spend MORE time in the U.S than out of it. Same deal with the spousal visa. When that's granted she will be a PR, but she wont be able to keep it if she isn't meeting the residency requirement. Which, by the way, she wont be if you intend to only visit the U.S for a month every year or two. Advance Parole is contingent upon you applying for her PR card anyway, so once that would be granted her AP wont be valid because she wouldn't need it anymore. And then once she stops meeting the residency requirements the same will happen with her PR.

Honestly, it's like you didn't even halfway read the requirements for these visas and just decided to throw a bunch of money away.

[Fernandez19 1]

In this case, I would suggest a tourist visa especially since she has no intentions to live in the US

[Moomin 292]

You're adressing things a bit upside down.

1 - No, you cannot just leave your wife in the US. Basically, that means you'll have to get married and send off AOS right after. You cannot submit AP before AOS. What you're forgetting is that about half of the people AOS'ing from K1 do have an interview where her greencard WILL be denied if you aren't there. And you will be asked to show proof of a bona fide relationship/marriage at the interview. Your fiancee will have to go to a biometrics appointment and if there are any RFE(request for evidence), you'll be in China not being able to help all that much.

2 - The fiance(e) visa is for couples wanting to live in the US. Nowhere else. When adjusting status, she'll adjust to lawful permanent resident. Resident in the US. Meaning that's her home and where she lives.

3 - Soo.. If you were to pull through with the fiancee visa, you're misusing the system when planning to use it as a tourist visa. Not only that, the second she's been caught doing that, good look getting a tourist visa after already having shown immigrant intent.

4 - Some states require a minimum waiting time from applying for a license until getting married. Some states also require that the marriage license is sent pr. snailmail before you receive the certified copy or order it. Those 2 things alone can easily take some time depending on the state/county. It easily takes 2-3 weeks from submitting AOS until receiving the receipt. You can't submit AOS(or advanced parole) before you're married. The Advanced parole takes around 3 months from the date of the receipt.

However, you CAN (legally!) both travel to the US with the intention of getting married and BOTH return to China. But the K1 visa isn't a tourist visa and her intent before entering determines whether or not she's using the wrong visa. If she was being upfront and honest at both her interview and at the US entry, odds are either visa or entry would be denied.

You as a US citizen can live wherever you chose to. Your fiancee - if she was a greencard holder - has a residency to maintain in the US. Visiting once in a while a few months a year isn't enough. And the keyword is "visiting" because naturally, if she's just visiting her country of residency, then it's not her country of residency.

Edited April 29, 2013 by moomin

[Darnell 8,478]

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.

Any help with this would be greatly appreciated.

You've not included anything, in your plan, for chasing after a greencard in the USA.

Since you're not planning on doing this,

it's best to file for spousal visa in BeiJing or Guangzhou about 3 months before YOU are ready to return to USA and SHE is ready to immigrate permanently.

that's it, and good luck !

Edited April 29, 2013 by Darnell

[Darnell 8,478]

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....?

Once back in China, make certain she qualifies for a tourist visa.

Then, apply for a tourist visa.

If you need assistance with learning about 'strong ties to China' for PRC citizens, say so, and I'll post the US Embassy BeiJing-NIV links about it

[Mitch0526 1]

How long would the tourist visa from China to US take to get? We currently have 3 months before we plan on going there anyway. I'm assuming that's not long enough to get it but just curious.

Would they easily be able to tell from the interview that we don't intend to permanently live in the US?

What about the CR-1 Visa? If she gets that, once she enters into the US, she automatically becomes a permanent resident. Would that status be able continue?

[Darnell 8,478]

'how long' apprx 24 days, from start to finish.

easily tell? no. not at all.

re: CR-1 visa - suggest you forget about it, instead chase after tourist visa and yearly renewal.

For now, stay on yer K-1 path - as she'll be able to get a SSN once she is inside the USA - that is going to be useful for the two of you for filing taxes from abroad and setting up bank accounts in USA. Is near-impossible for a tourist visa holder to get a SSN, but a K-1 visa holder can get without further AOS hassle.

Edited April 29, 2013 by Darnell

[Mitch0526 1]

Thank you. That helps a lot.

I am living and working in China. Would they ask questions about this and our intentions? Would that be an issue?

Did you say forget about the CR-1? because we would also need to live in the US long term in order to rightly use that visa?

[Darnell 8,478]

please read,

http://www.visajourney.com/content/compare

then refactor whatever your plan is.

I mention to chase after an IR-1 visa only when the two of you are ready to move permanently into the USA, you can get it via DCF into Guangzhou or BeiJing, takes 3 months.

Prior to the big move?

--come into USA on K-1 visa, get married, get SSN, get bank stuff done, leave back to China

--apply for yearly tourist visa for the yearly vacation trip from work, into the USA

That's it, really. other permutations that folk will try to skew? Won't matter, you have other plans for living and working in China.

[Mitch0526 1]

I still don't understand with the CR-1/IR-1. It says she can become a permanent legal resident and can travel freely to and from the US, just upon entering the country. Is there something I'm missing?

The real reason we chose this path in the first place is for just in case we needed to ever move to the US. There's always going to be the possibility that I need to move back. That's not the plan, but anything can happen. If I get forced out of my job or have cancer or whatever, I would need to move back to the US. I wouldn't want to have to rely on her tourist visa for her, unless that's just the way we need to do it. We really wanted the K-1 Visa as a safety net for her in case something happens to me.

What will happen if we have children? Are they automatically Chinese citizens and they would need to get the tourist visa each time too?

[Darnell 8,478]

yes, you are missing 'permanent resident status' and what it takes to maintain that.

re: children - research 'CRBA' here at VJ.

Edited April 30, 2013 by Darnell

[andy ngeci 18]

i would say after the marriage let your wife remain in states with your family and wait her AP or GC then u go back china alone. i know its hard but u got to chose that or do CR-1 process which takes longer.

[Mitch0526 1]

We aren't ever looking to stay in the States long term unless it's a necessity because I'm forced out of China for whatever reason. I don't think her staying in there for a few months would allow us to just make yearly visits to the States in the future through a GC.