How can I keep my new foreign wife in the US for another couple of months?

[CitizenJ 5]

About 5 months ago my Chinese female friend came to America (we had NO INTENTION of getting married) and after 3 months or so we ended up tying the knot. Her visa expires at the end of August so we had both previously decided that we would go back to China together at that time. However, some things have recently come up that make me want to stay in America until September or October. I, of course, don't want to be separated from my new wife though so my question is: is there any way immigration will let her stay in America a bit longer? Since my wife didn't come here with the intent of getting married there shouldn't be any problem right? Is the only way for her to stay to apply for a greencard? I've heard that once a foreigner applies for a greencard he/she cannot leave America until he/she receives the greencard. Is this true? If she is allowed to apply for a greencard now then it will be great because it means she can stay past her tourist visa expiration date but if she has to stay in America until she receives the greencard it's not good because I've heard greencard applications can take 3 months to a year and we'd like to go back to China in September or October. Can someone please clear things up for me? I'm working on assumptions here and would really appreciate some clarification.

- Thanks

I am an American citizen by the way.

[Harsh_77 718]

About 5 months ago my Chinese female friend came to America (we had NO INTENTION of getting married) and after 3 months or so we ended up tying the knot. Her visa expires at the end of August so we had both previously decided that we would go back to China together at that time. However, some things have recently come up that make me want to stay in America until September or October. I, of course, don't want to be separated from my new wife though so my question is: is there any way immigration will let her stay in America a bit longer? Since my wife didn't come here with the intent of getting married there shouldn't be any problem right? Is the only way for her to stay to apply for a greencard? I've heard that once a foreigner applies for a greencard he/she cannot leave America until he/she receives the greencard. Is this true? If she is allowed to apply for a greencard now then it will be great because it means she can stay past her tourist visa expiration date but if she has to stay in America until she receives the greencard it's not good because I've heard greencard applications can take 3 months to a year and we'd like to go back to China in September or October. Can someone please clear things up for me? I'm working on assumptions here and would really appreciate some clarification.

- Thanks

I am an American citizen by the way.

If you are really planning to go back to China than I am sure you guys can manage a months separation.

If she has to return in August as per B1/2 visa and you go back in September its not a whole lot of the time.

Yes if she applies for GC then she cannot leave the country until her AOS is complete, which can take anywhere from 8-12 months.

If you really have to go to China, let her return as per her planned date, you apply for her CR1 visa, which also would take 8-12 months and she can return back with CR1.

[CitizenJ 5]

About 5 months ago my Chinese female friend came to America on a tourist visa (we had NO INTENTION of getting married) and after 3 months or so we ended up tying the knot (I'm a US citizen). Her visa expires at the end of August so we had both previously decided that we would go back to China together at that time. However, some things have recently come up that make me want to stay in America until September or October. I, of course, don't want to be separated from my new wife so I'm curious if she will be able to apply for a greencard even though we got married on a tourist visa. I've also heard that once someone applies for a greencard they cannot leave the country until the application is processed (which I've heard can take quite a while). Is this true? We only want to stay in America a couple of months after her current visa expiration date so having to stay another 3 months to a year wouldn't work for us. Are there any alternatives or, more important, is applying for a greencard even a possible option for her right now? I'd really appreciate any help.

- Thanks

[CitizenJ 5]

EDIT: she came here on a tourist visa (sorry I left that part out)

[CitizenJ 5]

If you are really planning to go back to China than I am sure you guys can manage a months separation.

If she has to return in August as per B1/2 visa and you go back in September its not a whole lot of the time.

Yes if she applies for GC then she cannot leave the country until her AOS is complete, which can take anywhere from 8-12 months.

If you really have to go to China, let her return as per her planned date, you apply for her CR1 visa, which also would take 8-12 months and she can return back with CR1.

So if we go back to China without applying for a greencard for her then she'd have to get a CR1 visa in order to come back to the states?

Also, what is a B1/2 visa?

- Thanks

[Harsh_77 718]

So if we go back to China without applying for a greencard for her then she'd have to get a CR1 visa in order to come back to the states?

Also, what is a B1/2 visa?

- Thanks

Yes you are right, if you go back to China without applying for GreenCard than you have to apply for CR1 visa for her and upon entry she will get a stamp in her passport at airport (equivalent to Greencard) and later the actual Greencard will come in 6-8 weeks.

B1/2 is the tourist visa.

[ceadsearc 516]

Are you a USC? If so, she can file for adjustment of status. But, she couldn't leave until she got AP (2-3 months), and after receiving her GC would be expected to live full time in the US.

Alternately, she could apply for an extension on her tourist visa. Not the easiest thing to get, but possible.

[Xanax 349]

You can file for adjustment of status (there is a guide in the guides section).

AP- advance parole takes around 3 months to get (once you file for AOS) so your wife would not be able to leave within that time.

[Penguin_ie 5,993]

If you don't plan on living in the USA, AOS is a waste of money and time. I would suggest trying for an extension on the tourist visa.

[CitizenJ 5]

Are you a USC? If so, she can file for adjustment of status. But, she couldn't leave until she got AP (2-3 months), and after receiving her GC would be expected to live full time in the US.

What are the requirements of living full time in the US? How many months out of the year would one have to reside in the US to meet the requirements of living in the US full time? What happens if she gets a GC and doesn't meet the requirements of living full time in the US?

EDIT: Yes, I am a USC

If you don't plan on living in the USA, AOS is a waste of money and time. I would suggest trying for an extension on the tourist visa.

What are the fees of AOS like compared with the fees for an extension of a tourist visa? How would someone be able to extend a tourist visa?

- Thanks for the help

[CitizenJ 5]

If she gets a GC via a CR1 visa (as opposed to applying for AOS) will she still be required to live in the US full time? What are the requirements of living in the US full time? What if she doesn't meet those requirements?

[GB55 11]

A green card is for permanent residence in the US. She should not apply for one unless she plans on immigrating in the US on a permanent (full time basis).

As far as I know, there are not specific rules for "full time" residence for green card holders but if she leaves for a trip lasting longer than 1 year, she will need a re-entry permit. Additionally, the onus will be on her to prove she maintains her residency in the USA and to file her US and state taxes every year. If she decides she wants to become a citizen, she may do so after 3 years of receiving her first green card, but cannot have been outside the country for longer than 18 months in the 3 years prior to application of naturalization.

I hope that clears things up.

[CitizenJ 5]

A green card is for permanent residence in the US. She should not apply for one unless she plans on immigrating in the US on a permanent (full time basis).

So once her and I leave America how do we come back without her applying for a GC? The other guy said that, after leaving, she could come back to America by applying for a CR1 visa but a CR1 visa sounds like it's basically a green card application. I don't want me and my wife to be forced to live in America if we ever want to come back here (come back after leaving).

[CitizenJ 5]

Also, I'm still curious what the repercussions are if she gets a GC and doesn't live in the US full time. Would they just revoke her GC? She wouldn't be able to reapply?

[Krikit 1,164]

Link to how to extend a stay in the US:

http://www.uscis.gov...000082ca60aRCRD

Even if it gets denied it will buy you the extra few months due to processing time.