How long can my wife be in her home country?

[auggie]

I am marrying a lady from China and we're in the process of our K1 visa. Hoping to get married this summer. My question is: After we are married can she travel back to China or does she have to wait for a travel permit? Also, how long will she be allowed to stay in China before returning to the US? I ask this because she would like her daughter to finish highschool in China before she brings her over here, which will be the 2010 school year. I hope you can answer my questions, thanks

Auggie

[Amir]

You are asking if she will be able to travel while her AOS is pending. If I remember this right, once she is here, before travelling abroad, she would go to the local immigration office and get a pending status stamp in her passport.

[auggie]

Spouses travel back home reply

Thanks for the information. I thought maybe she could get a travel permit. Is this what you mean by a pending status stamp?

I also thank you for information about Guanzhou consulate. I hope this isn't the case with us. I am appauled at what I read, because this process takes so long, couples work so hard. To have your hopes and dreams rejected with no ample reason is very disturbing. Is there any recourse for these actions?

Thanks again,
Auggie

[Amir]

It won't be a separate document. It will be a stamp in passport.

Lack of recourse is the very reason what goes on at consulates does. A visa denial can test the entire system as people first appeal to their US Congresspersons (Legislative Branch) but all they can do is make a super polite request for reconsideration. After that some will take it to US Courts (Judicial Branch), there the US attorneys (Executive Branch) abuse doctrines, such as consular non-reviewability (intended only for non-petitioned visas) to get rid of the cases. In most cases, consulate doesn't even know that a litigation was ever filed.

Oh, I left out the Inspector General of the State Dept., who was on Yahoo news for threatening investigators that if they keep looking into Iraq contracts not only will they lose their jobs, they'll never find another federal job again.

[auggie]

Thanks for your info

Thanks for the info. I hope we get an interview, when they're in a good mood.

[nichole]

I am marrying a lady from China and we're in the process of our K1 visa. Hoping to get married this summer. My question is: After we are married can she travel back to China or does she have to wait for a travel permit? Also, how long will she be allowed to stay in China before returning to the US? I ask this because she would like her daughter to finish highschool in China before she brings her over here, which will be the 2010 school year. I hope you can answer my questions, thanks

Auggie

The document she needs is Advance Parole which will allow her back in the country while her AOS is pending. You can file for it at no extra charge if you send the application with you AOS application. It's the I-131. It is a letter sized paper document and they will mail you two of them. It should be approved within 90 days of filing. Ours was approved in 59 days. Most I've seen lately are in the 60-70 day range.

The problem with her leaving for so long is how can you establish that you have a genuine marriage? You will be interviewed for the green card maybe within 4-6 months after filing AOS and need to have her present and be able to answer questions about your life together. You need to show things in both your names and photos of a life together. If she goes to China, then you have no life together, do you? Will they consider you to have a bonafide marriage under those circumstances. The daughter can enter the US up to 12 months after her mother on a K2.

[auggie]

Travel back to china

Thanks for the info Nichole,

With the information you have given me I think maybe it will be best to bring her daughter to the US or pospone our marriage until her daughter is out of school. Kind of disappointed, but better to know this now. Thanks for your advice.

Auggie