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digiteltim

AOS from K1 Pending; Move back to China continue AOS Process?

By digiteltim in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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digiteltim Contributor

digiteltim   2

Posted
Filed: Citizen (pnd) Timeline
Posted

Hello,

My wife's AOS is currently pending approval from entry on a K1 visa. We had the bio-metrics last October, got the interview waiver notice a few months after that, and are now just waiting. If we move back to China now, how can she continue to obtain her green card? Can we transfer the case to China? Also, what type of visa I can obtain for China?

The other situation; once we obtain her green card here in the USA, what type of visa(s) are available to me to live and work in China?

Thank you!

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Kastrs Experienced

Kastrs   723

Posted
Filed: Citizen (pnd) Country: Pakistan
 Timeline
Posted

A GC makes you a legal permanent resident, the keyword here being resident. If you and your wife do not intend to live in the US, then it would be better to move to China now, and if and when you want to move back to the US in the future then file a spousal visa. You can not continue your case for AoS in China.

Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 
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digiteltim Contributor

digiteltim   2

Posted
Filed: Citizen (pnd) Timeline
  • Author
Posted

Thank you. I figured that we could get her Green Card here, then renew it in China if we continue to stay there. I didn't think transferring the case would be possible, as the forms to get a green card issued in China are different that the forms for obtaining a GC here in the USA off a K1 visa.

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baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted (edited)

Hello,

My wife's AOS is currently pending approval from entry on a K1 visa. We had the bio-metrics last October, got the interview waiver notice a few months after that, and are now just waiting. If we move back to China now, how can she continue to obtain her green card?

It will be mailed to the US address that you listed on the 485 form. Maintaining the GC's validity requires permanent residence (min 6 months per year) in the US. Living outside would constitute abandonment of the GC.

Can we transfer the case to China?

USCIS is only in the US.

Also, what type of visa I can obtain for China?

Go to the Chinese version of VJ for that.

The other situation; once we obtain her green card here in the USA, what type of visa(s) are available to me to live and work in China?

Answered above.

Edited by baron555

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Cyberfx1024 Grand Master

Cyberfx1024   7,980

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

baron555,

What do you mean Chinese version of VJ?

There is a Chinese forum here on VJ. Just go to the Forum Tabs, and look at the Regional Forums at the bottom.

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KayDeeCee Grand Master

KayDeeCee   4,893

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

This is a forum about US immigration. If you want to know about visas for China, then you will need to Google and search out info directly from Chinese gov sites, and perhaps forums that deal with getting visas to China.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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JE57 Collaborator

JE57   239

Posted
Filed: Other Country: Philippines
 Timeline
Posted

I did the google search on Visa options in China... It appears that a Q visa is what you would go for. This allows you up to 2 years in country with your spouse but it does not allow you to work in country. I think you want to think this thru before your wife gets on a plane and do some research about the ability to live and work in China. While possible it does take work and planning. Your wife can leave the USA once she gets advanced parole thru the AOS process she does not need to wait for a green card to arrive. However, she should not be gone for more than 6 months without a very compelling reason why she has not abandoned her US residency. In short, in theory living and working in your spouse's country should be easy in practice it may not be the case in all countries in the world.

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