My future Chinese wife can return to China after she fills out an AP form?

[visagreenhorn 4]

I will petition for my fiance (who I call my gf at times out of habit) to apply for the K-1. I am looking at the K-1 visa flowchart and it mentions that if she fills out an AP form, then she is free to travel outside of the US. Since it might be difficult for her to find a job here in the US right away, she was wondering if it would be possible for her to return to China to work at her current job after filling out an AP form here? Then she can search for some jobs online and apply to them online, while she is still making money in China...

I know that we both can get married, apply for the marriage certificate and apply for her to have a SSN, but how long would she be able to be outside of the US? It doesn't state a certain period of time. It just says that going outside of the US for a trip is possible after filling out the AP form, without a time frame stated. I wish it were less vague.

I would appreciate help clarifying this.

[belinda63 3,046]

She will have to wait to receive the AP document prior to leaving the country, that will take about 90 days after you file the AOS.

[Darnell 8,479]

after marriage, after filing the AOS set , it's about 90 days to get an AP/EAD combo card.

Though you are asking about AP, if EAD is applied at same time with the AOS set (both fees are waived for EAD and AP)

then

she'll have a card that has BOTH AP and EAD on it, so technically she is able to leave the USA and work in the USA at the same time.

Nice dilemma to have, yes?

I suggest, instead, she uses those 90 days (with your help) to find a job in USA. She's got to be in the USA, waiting for AP regardless, so if waiting for EAD (in parallel), I think yer missing a step.

Edited July 30, 2013 by Darnell

[Ryan H 3,826]

Moved from K1 Process & Procedures to Working & Traveling During US Immigration forum.

[visagreenhorn 4]

She will have to wait to receive the AP document prior to leaving the country, that will take about 90 days after you file the AOS.

Yes, I know that it would take 90 days to obtain the AP document. My question is whether or not she would be able to return to China to work if she isn´t able to find work in 90 days? After getting the AP form, can she just work at her current job in China while she is job hunting online from there? I would make sure that we get married, apply for her SSN, EAD, AP, etc. before she heads back there.

I was just wondering how long she would be able to be outside of the US while she has the AP form? I have heard that you can´t leave the US once you have already applied for a temporary green card? I know that is definitely the case for the permanent green card, but how about the temporary green card?

[kzielu 1,149]

What will she do if invited for an interview ?

[Penguin_ie 5,996]

I would strongly recommend she do not work outside the USA, this will likely be seen as abandoning residency, even if she stays less than 6 months.

[visagreenhorn 4]

Yeah, well I guess she will just have to stay in the US the entire time, regardless of how long it takes her to find work. That is no problem. I was wondering if I would be able to leave the country on any vacations from the the time I file the I-129F petition until the date she is approved for the K-1 visa and ready to fly over here? I would of course not being doing any traveling after that because we will get married and stay in the US together until everything is finished. It would just be nice for me to still be free to take a vacation somewhere for myself once this year while we are waiting to get approved for the K-1 on her end.

[Penguin_ie 5,996]

Yes absolutely, you can travel freely.

[newacct 688]

I would make sure that we get married, apply for her SSN, EAD, AP, etc. before she heads back there.

You need to make sure she gets an Advance Parole (not just apply for it), before she leaves.

I was just wondering how long she would be able to be outside of the US while she has the AP form?

As long as it's valid.

I have heard that you can´t leave the US once you have already applied for a temporary green card? I know that is definitely the case for the permanent green card, but how about the temporary green card?

There is no difference between the conditional GC and regular GC. For both, of course you can leave the U.S., but not for too long. As a permanent resident she needs to maintain residence in the U.S., or abandon her permanent residency.

How long she can leave and how often is a complex topic, but basically there should be no problems if she leaves for less than 6 months every once in a while. More than 6 months or too often will raise some questions, but it's not necessarily a problem if she can show she maintained residency. She definitely cannot leave for more than 1 year without applying for a re-entry permit first.

[visagreenhorn 4]

Yes absolutely, you can travel freely.

Thanks for letting me know about this. I might travel to Cambodia later this year or next year, while we are waiting for her to K-1 application date, interview, approval date, etc. I heard that it can take up to 10 months. I will need to read more threads relating to the average time frame for China.

As for her traveling during the process, it would only be for short periods of time, like a few weeks. I think she might just pay for her child and her mom to fly here to the US, to avoid having to leave which could cause problems.