Travel restrictions for American temporary green card holder

[2hip]

American Gents, A question was posed to me the other day that i did not know how to answer.  Can you help me out?

If a Chinese woman comes to America on a K-1 or K-3 visa and receives her temporary green card....are there travel restrictions placed on her during this interim time between her temporary green card status and receiving her permanent green card status?

Same question as above ...but.....if she enters USA on K-1 or K-3 visa...but before she receives her temporary green card.  May she exit USA back to China for emergency reasons like sick parents?  Can she travel with her husband before she receives her temporary green card out of the territorial USA. 

Seems like i heard something in the past about BCIS frowns on or forbids something like this.  Please educate me.  Thanks,

[Arnold]

American Gents, A question was posed to me the other day that i did not know how to answer.  Can you help me out?

If a Chinese woman comes to America on a K-1 or K-3 visa and receives her temporary green card....are there travel restrictions placed on her during this interim time between her temporary green card status and receiving her permanent green card status?

Same question as above ...but.....if she enters USA on K-1 or K-3 visa...but before she receives her temporary green card.  May she exit USA back to China for emergency reasons like sick parents?  Can she travel with her husband before she receives her temporary green card out of the territorial USA. 

Seems like i heard something in the past about BCIS frowns on or forbids something like this.  Please educate me.  Thanks,

To the first question, YES she can travel with the Temp Card ( I myself did not like or trust our Gov. to let my wife do it until she received her Perm. Card).
To the second, under the cirummstance of Family Emergencies she would be allowed in that case.. as she does have a VISA in her chinese Passsport to get back within a reasonal time frame.

[Pineau]

I believe the answer to part 1 is that she is allowed to travel the same as if she had a permanent green card.  There are places that would require her to obtain a VISA such as Canada and Europe. When I am in doubt I call the embassy for the country where we plan to travel.

Part 2. She can travel back to China but she must obtain a special document. I think it is called Advanced Payroll. You will get two copies. One for yourself and one to surrender to immigration when you return. This was the procedure years ago when my wife did not yet have her green card. 

[maxx]

Both good answers the only thing I would add is the advance parole papers will be received when you file for your  wife's adjustment of status. You will have to file the paperwork to receive the advance parole. Also if and when your wife decided to go to China. Before she receives her green card, She will need to take both copies of the advanced parole. That is a immigration requirement. They go into uncontrolled spasms if the lady doesn't have both copies.

[2hip]

See if i got this correct...while she is still here on a K-1 or K-3 visa...but before she gets her temporary green card...while just married and applying for an adjustment of status from K-1 to temporary green card...a paperwork called Advanced Parole must be obtained from the BCIS folks?  Is there a form number that anyone can come up?  This advanced parole is only necessary if she has to leave USA for an emergency?  So, in a real emergency where it is life or death within days of hearing the bad news...there would be no time to obtain said document. 

So, am i correct in understanding that this advanced parole document is something that you might want to obtain  for the "just in case" scenario?  Please expand my limited horizon brothers...tx

[Pineau]

I-131, Application for Travel Document

http://www.uscis.gov/i-131

[Robertt S]

See if i got this correct...while she is still here on a K-1 or K-3 visa...but before she gets her temporary green card...while just married and applying for an adjustment of status from K-1 to temporary green card...a paperwork called Advanced Parole must be obtained from the BCIS folks?  Is there a form number that anyone can come up?  This advanced parole is only necessary if she has to leave USA for an emergency?  So, in a real emergency where it is life or death within days of hearing the bad news...there would be no time to obtain said document. 

So, am i correct in understanding that this advanced parole document is something that you might want to obtain  for the "just in case" scenario?  Please expand my limited horizon brothers...tx

If she uses the K-1 ( Fiancee ) visa to enter the USA, she will have to file an I-485 as soon as possible after the marriage for her greencard. She can file her I-765 ( Employment Authorization Document) and her I-131 ( Advance Parole ) form for no charge as long as they are filed at the same time with the I-485 (Adjustment of Status) package is filed ( All 3 forms must be in the same completed AOS package). If she leaves the United States before the I-131 ( Advance Parole ) is granted and received USCIS will consider her abandoning her AOS (adjustment of status) and deny her I-485. This means she would have to start the entire process over again using the K-3 or CR-1 visa process from OUTSIDE the United States because the K-1 visa is a one-time entry only visa.

Good Luck, Robert

[2hip]

Robert and others, thank you for the enlightment.  Now i actually understand how the things work.  Okay and my sincere thanks for time expended in my education...

[boston]

BE VERY CAREFUL I THINK YOUR ALL TALKING OUT YOUR BUTT!
MY WIFE CAME HERE AND WE MARRIED 5 YEARS AGO SHE HAD A TEMPORARY GREEN CARD BUT OUR LAWYER WARNED US IF YOU TRAVEL WHILE WAITTING FOR A PERMENANT GREEN CARD. WHEN YOU TRY TO RETURN TO AMERICAQ YOU CAN BE REJECTED. DO NOT LEAVE AMERICA UNTIL YOU GET THE PERMEMANT GREEN CARD.

IF YOU EVEN HAVE A FAMILY EMERGENCY   THERE IS A 505 CHANCE  THE IMMIGRATION OFFICER WILL NOT LET YOU BACK IN AMERICA   BE CAREFUL AND TRAVEL ONLY IF IT IS LIFE OR DEATH. UNTIL YOU GET YOUT PERMEMNT GREEN CARD.  DONT LISTEN TO THE BS HERE

[maxx]

Wow Boston did your lawyer just graduate law school. Or is he just trying to impress you with his limited knowledge of immigration law. My wife and myself went to China twice while she had the temporary green card. Other members who's wives had  temporary green cards also took there wives back to China. Nobody had any trouble getting there wives back in to the U.S.

As long as your paperwork is in order. And no red flags have ben raised by your wife traveling back and fourth frequently she shouldn't have a problem. I know a Chinese woman who is married to a Chinese guy they were both born in China. Every time they would get into a fight he would send her back to China. He is a permanent green card holder. When all this was going on she had a temporary green card. She has sense got her permanent green card. And sense they fight all the time. He is still sending her back to China for two to four months at a time.

On another note read Willy's whole story his wife do's not like jolly old England. She likes to visit she doesn't want to live there. In the 8 years I've been traveling back and fourth to China. I have met more then a few Chinese women. Who do want the foreign husband. But they really don't want to leave China. My own wife wants to wait until are three boys graduate college. Then she wants to move back to China.

Each one of these ladies are different. They have there own thoughts and feelings. I assure you that they are not punched out on a government assembly line in Beijing or Shanghai. The members here have wife's and girlfriends from all over China. China is a huge country filled with allot of different culture and customs. We are here to try to help each other to make this work. And to learn from each others experiences.

Like I said I have been at this for eight years. I have been married to the same Chinese woman for 7 years. We have 3 boys. Everytime I think I know everything there is to know about a Chinese women. She changes the rules. And I learn a little more. So set back and enjoy the ride. There is still allot to learn. And if you have a question about immigration ask Robert S. when it comes to visas and immigration he is the man, he knows the law and can probably  get it done for you..

[Willy The Londoner]

I back what Maxx said.  When I was running the dating website here a large majority of the women were not looking to live outside of China. 

That was for the every same reason that foreigners want to take the women back to their own countries and that is because they feel more comfortable in their own country.

Willy