How long does it take to get a Green Card after you marry ???

[Dobee 0]

Also does this need to happen while the new spouse or husband is in the US?

Once your new wife or husband has a green card can he/she enter and leave the US at any time ?

Hope someone can point me in the right direction, thanks.

[Anh map 2,098]

Are you asking about a spouse that entered as a K1 fiance(e)? More information is needed to give you better feedback.

[Dashinka 24,513]

Assuming you are talking about adjusting from a K1 after your fiancé enters the country and you get married, the GC can take anywhere from 5 to 18 months from the time you actually file the AOS application. There are a lot factors involved, so there is no clear cut timeframe (RFEs, interviews, new medical, interview waiver etc.). When you file the AOS package you can include the application for advanced parole (AP) and employment authorization (EAD) at no additional fee which allows one to travel internationally and re-enter the US as well as find work while you are waiting for the GC. Once you have the GC, you can travel and re-enter, but if you plan to be out of the country for long periods (>12 months), or multiple shorter periods over the course of a year or so, you need to research the re-entry permit using form I131 which is the same form used for the AP.

Not sure if this helps, but Good Luck!

[Darnell 8,478]

location matters on marriage, aye?

1. marry in china, usa citizen has china residence permit, 3 to 4 months until visa issued. [1]

2. marry in china, usa citizen returns to usa, 11 to 19 months until visa issued. [1]

3. PRC human in USA on K-1 visa, couple marry, file AOS set, 4 to 19 months until green card issued.

4. PRC human on other visa, couple marry, file AOS set, 5 to 12 months until green card issued.

With a green card in hand, is easy to return to china and get back to USA. 4 is a problem, usually, as it has additional scrutiny.

Hard to get you an exact answer, as location matters and your timeline is blank up at

http://www.visajourney.com/timeline/profile.php?id=171850

http://www.visajourney.com/timeline/profile.php?id=171850

http://www.visajourney.com/timeline/profile.php?id=171850

-----

[1] Green Card Issuance handled by ELIS, first triggered when PRC human comes into the USA, figure 2 to 5 months after USA arrival. However, endorsed visa in passport serves as temporary I-551 document, a green card (of sorts) with 1 year duration, immediately at the POE. Literally, PRC human with I-551 can turn around same day.

Edited January 11, 2016 by Darnell

[Dobee 0]

Thanks all, I was referring to bringing my fiancee over on a K-1. But she was wondering how long after being married does she have to stay in the US. We were planning on living in China for a while after we marry and get her a Green Card, but we want to settle down in the US. So I am just looking at how it will pan out.

[aaron2020 11,651]

Thanks all, I was referring to bringing my fiancee over on a K-1. But she was wondering how long after being married does she have to stay in the US. We were planning on living in China for a while after we marry and get her a Green Card, but we want to settle down in the US. So I am just looking at how it will pan out.

More information is need to advise you.

Why do you want to marry in the US if you planning on living in China after you get marry? Why not just get marry in China and file for her when you are ready to go back to the US? How long do you plan on being in China?

The K-1 will require marriage within 90 days. Filing for AOS and waiting for AP. AP takes 90 days. If she leaves without AP, she will abandon the process. So, she is stuck here at least 90 days to wait for AP once you marry and file for AOS and AP.

A green card requires a person to live in the US. There are rules to maintaining a green card while abroad. Violate those rules and the green card gets taken away.

This is why you need to tell us what you want. Each road has it quirks that you may be unaware of. Easier to tell us what you want and we can guide you through this.

Also does this need to happen while the new spouse or husband is in the US?

Once your new wife or husband has a green card can he/she enter and leave the US at any time ? Yes but there are rules on keeping the green card. Staying outside the US can result in the green card being taken away for abandonment.

Hope someone can point me in the right direction, thanks.

[baron555 934]

Thanks all, I was referring to bringing my fiancee over on a K-1. But she was wondering how long after being married does she have to stay in the US.

The AP (and EAD) are usually obtained within 2-3 months after filing for AOS (which is done after the marriage).

We were planning on living in China for a while after we marry and get her a Green Card,

The GC is for permanent residence in the US. There is a minimum number of months within the year that the residence must be made (I believe 6 months). Being out of the country longer would be considered abandonment of the GC.

So you two could get the GC and then live in China for less than 6 months and then move back.

but we want to settle down in the US. So I am just looking at how it will pan out.

Or, you get married in the US and not bother with the GC and then live in China (if going to be longer than 6 months) and then file for a CR-1 Spousal visa or DCF if that is an option and then move back.

Or just move to China and get married and live there and then do the CR-1 or DCF thing.

[Dashinka 24,513]

I agree with a couple of the earlier posts. If you plan to live in China for any period greater than one year, I would skip the K1, and just get married in China and file for a spousal visa when you are ready to come back. If you go the K1 route and wait the 6-18 months for the GC then go to China, you may have issues with abandonment of the LPR status. If you leave with just the AP after a K1, you may need to come back for a GC interview later in the process as they will not do a K1 AOS interview at a consulate. The other issue is that when you file for the AOS after a K1, I think you need to have a US residence to reference.

Good Luck!

[Dobee 0]

You guys are great !!!

I already planned on bringing her here on the K-1 which was all ready approved and sent to the embassy in Guangzhou. We are both flexible with our plans. We just felt the K-1 visa would give us the best chance to see if the marriage would work. She is open to moving here but we both are toying with the idea that after we get married (and or get her a GC) we might move back to China for a year (or at most 2 years). I do know its a lot easier to prove that you are married to someone if it is done in the US. So even if we shift when we get her a GC I think its a good thing to get married in the US.

idk what recommendations or warnings do you all have.

[TBoneTX 45,319]

*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum. ***

[Asia 2,498]

You guys are great !!!

I already planned on bringing her here on the K-1 which was all ready approved and sent to the embassy in Guangzhou. We are both flexible with our plans. We just felt the K-1 visa would give us the best chance to see if the marriage would work. She is open to moving here but we both are toying with the idea that after we get married (and or get her a GC) we might move back to China for a year (or at most 2 years). I do know its a lot easier to prove that you are married to someone if it is done in the US. So even if we shift when we get her a GC I think its a good thing to get married in the US.

idk what recommendations or warnings do you all have.

People advised that there's no need to pursue K-1 with all the cost of application/AOS if you're not planning to live in the US after getting the GC.

She will have to maintain her status in the US if she doesn't want to loose her GC.

And if she looses GC, you'll have to start the immigrating process once again. With all the costs.

Edited January 12, 2016 by Asia

[Darnell 8,478]

Thanks all, I was referring to bringing my fiancee over on a K-1.

Cool. In the future, when posting, try NOT to use the TAGS feature here, as not all folk (myself included) bother to read them. If I had seen 'K-1' in the body of the post, well, hey ! No Answer grid for you, you'd have a focused answer instead.

[Darnell 8,478]

idk what recommendations or warnings do you all have.

For me, from me, it would be depend on your age and accumulation of property, assets, cash.

My answer would vary based on these things.

[aaron2020 11,651]

You guys are great !!!

I already planned on bringing her here on the K-1 which was all ready approved and sent to the embassy in Guangzhou. We are both flexible with our plans. We just felt the K-1 visa would give us the best chance to see if the marriage would work. She is open to moving here but we both are toying with the idea that after we get married (and or get her a GC) we might move back to China for a year (or at most 2 years). What about the legal requirement to maintain her GC status with strong ties to the US? I do know its a lot easier to prove that you are married to someone if it is done in the US. So even if we shift when we get her a GC I think its a good thing to get married in the US. No, it doesn't make a difference.

idk what recommendations or warnings do you all have.

Hi,

You are operating under a few misconceptions.

A green card is for living in the US, not China.

A green card is not a tourist visa. A green card is a privilege that can be taken away if a person take certain actions. One is moving to another country.

You may want to Google "maintaining legal permanent residency." Your wife would need to maintain ties to the US while in abroad with bank accounts, driver's license, filing US tax returns, etc. in the US.

You may want to look into a Re-Entry Permit. Her time outside the US will not count against her, but she still needs to maintain ties to the US.

It doesn't matter where you get marry. Marrying in the US does not make it a lot easier to prove you are married. The marriage certificate whether here or abroad proves you are legally married. Proving a bona fide marriage is another matter which does not depend on where you marry.

[DJ6372 111]

You guys are great !!!

I already planned on bringing her here on the K-1 which was all ready approved and sent to the embassy in Guangzhou. We are both flexible with our plans. We just felt the K-1 visa would give us the best chance to see if the marriage would work. She is open to moving here but we both are toying with the idea that after we get married (and or get her a GC) we might move back to China for a year (or at most 2 years). I do know its a lot easier to prove that you are married to someone if it is done in the US. So even if we shift when we get her a GC I think its a good thing to get married in the US.

idk what recommendations or warnings do you all have.

Kind of an odd thing to use a K-1 for??!!

Thought marriage was something you wanted for love, or am I old fashioned and cynical