K-3 .VS. K-1 & the 18 year old daughter

[Yodrak 7]

pj1959us,

Thanks for the clarification. You are correct, if the girl goes back to China for college she needs to be wary of the time spent out of the USA, but a re-entry permit may not be necessary (and advance parole is not applicable).

Equally important, the girl needs to demonstrate that her primary residence is in the USA while she is attending college in China. Shouldn't be too difficult - most college students do maintain their primary residence at their parent's home while living on or near campus to attend classes - but it does need to be attended to.

Yodrak

I apologize that my wording was confusing...I didn't mean that she would have to wait 4 years before she could go back to China. What I meant was, she couldn't adjust status and essentially move back to China for 4 years, without having the AOS considered abandoned. She could go back to college in China, but she would need to be wary of the time out of the US and ensure that either AP or a re-entry permit was arranged beforehand (which seems a bit of a hassle and expense to me, but perhaps that's just me).

.....

[pj1959us 0]

pj1959us,

Thanks for the clarification. You are correct, if the girl goes back to China for college she needs to be wary of the time spent out of the USA, but a re-entry permit may not be necessary (and advance parole is not applicable).

Equally important, the girl needs to demonstrate that her primary residence is in the USA while she is attending college in China. Shouldn't be too difficult - most college students do maintain their primary residence at their parent's home while living on or near campus to attend classes - but it does need to be attended to.

Yodrak

I could see how it was interpreted that way and agree it was worded poorly. The AP, however, could be applicable depending on when she returns to China for college and when the AOS is adjudicated, wouldn't it, since she would be a K-2 pending AOS? Or does a K-2 in that status have an option for a re-entry permit? I must admit I haven't really researched that so could be incorrect.

Further, depending on when she needs to return to China for college it could be problematic with coordinating the bios and AOS with her education if she returns to China before AOS is completed.

I agree that most students do maintain their primary residence at their parents' home during education but they do need to be mindful that all other requirements of maintaining ties to the US are met.

I certainly don't envy this situation!!! I wish them luck in it all working out...it can be done but there will be a lot to deal with in the meantime. This will be especially tricky if the K-1 isn't going to be obtained for a while and the age-out clock is ticking.

[Yodrak 7]

pj1959us,

You're right, if the girl goes back to China for college before adjusting then AP would be applicable for that. I had got the impression from Danny Boy's 2nd post that she would adjust before going back. As you point out, coordinating out of the country college obligations with in-country immigration obligations could be complicated and difficult.

Yodrak

pj1959us,

Thanks for the clarification. You are correct, if the girl goes back to China for college she needs to be wary of the time spent out of the USA, but a re-entry permit may not be necessary (and advance parole is not applicable).

Equally important, the girl needs to demonstrate that her primary residence is in the USA while she is attending college in China. Shouldn't be too difficult - most college students do maintain their primary residence at their parent's home while living on or near campus to attend classes - but it does need to be attended to.

Yodrak

I could see how it was interpreted that way and agree it was worded poorly. The AP, however, could be applicable depending on when she returns to China for college and when the AOS is adjudicated, wouldn't it, since she would be a K-2 pending AOS? Or does a K-2 in that status have an option for a re-entry permit? I must admit I haven't really researched that so could be incorrect.

Further, depending on when she needs to return to China for college it could be problematic with coordinating the bios and AOS with her education if she returns to China before AOS is completed.

I agree that most students do maintain their primary residence at their parents' home during education but they do need to be mindful that all other requirements of maintaining ties to the US are met.

I certainly don't envy this situation!!! I wish them luck in it all working out...it can be done but there will be a lot to deal with in the meantime. This will be especially tricky if the K-1 isn't going to be obtained for a while and the age-out clock is ticking.

[Danny Boy 0]

I work 2nd shift and it was great seeing all the replies when I checked this topic out this morning. Thank you. Before I do anything else. Can someone tell me is there a different way to start a reply? Whenever I select the "reply" button I get the whole post. Trying to shorten the space my replytakes, I highlight the post and delete it before I start my reply. I am not computer savy. Is this the normal method?

I am reading and reading the replies. It takes a little time for the facts to sink in. Before I started this topic I did look around this site. I thought I looked at every title...going 4 or 5 pages back in each section. I tried looking at the topics that I thought would pertain to my situation. It looks like I missed a lot of them! I read the FAQ's, the flow charts, the guides and the forums section. I did look at the timelines and the processing times. And I have taken a look at the timelines again. The timelines are helpful? Ahh... I am sure that they are but I am still working on how to get the usefull info out..in a form that helps me. I live in the Northeast so I should look at the Vermont charts). I need to combine the Visa processing times with the??? immigration timelines (for K-1 or K-3) correct? I think I am letting myself get confused with all the choices. I just need to look at them several times.. At several different times. I am sure it will sink in. There is so much to digest.

I searched for the postings for by the woman, Girona. I have to spend some more time on her postings. She has posted a lot of good info. The most inportan info that i got from her post is that I want to my finacee daughter's application finished/processed/ approved before her 21 birthday( preferably with a good magrin of time before her 21st birthday).

On my last trip to China I talked to my Fiancee about her daughter. We talked about her going to college. We knew that we had to work out a timeline so everything would work out. One reason we want the daughter to go to college in China is the cost. It will be a lot cheaper and my Finacee thought she could get her daughter in a good college in China. I thought if she did well and then perhaps she could do her post graduate work in the US. Of course that would be years down the road and who know what changes may occur. How many times does the average college student change their mind on what they want their major to be? It is not an easy decision to make. So we have to juggle the daughter's age issue, college cost, the timing of when the daughter would be attending college and the finacee's retirement issue and come up with a plan. a good plan. simple yes???

I do believe this site is helping me a lot. There are so nice people on it and they know a lot more than I do, and there is a lot good info and resources available. Also as I post my question..questions... it forces me to write it down.. to kind of lay it out. This helps me organized my thoughts. It makes me ask questions. Looks like I have to look very carefully about the daughter's timeline and see what options I have. I think I have several options. 1. Leave the daughter in China..not really an option. 2. Let the daughter stay in China, finish college and then have the wife(as US citizen or as a LPR) apply for her daughter to immigrate as a unmarried relative....this takes a long time. 3. Have the daughter's application attached to the finacee application and have it completed before the daughter turns 21. This is the one that I think I would like to have work, but it is complicated by the daughter's age, college choices of China or the USA and whether she can split 4 years of attending college or finish college before turning 21( there is not enough time) 4. Simply have the daughter immigrate with her mother and have the daughter attend college after she gets LPR status..a 10 year one..not a 2 year one. The daughter then could attend school in the states or in China. But then she has to delay starting her education by 2 or 3 years.

I am sorry that my post is so long but I am trying to show what is influencing my questions. Thank you again. I think tonight I will try to put my different options down on a piece of paper in a flow diagram format. Perhaps these will make somethings a little clearer.