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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:
--- Quote from: 2hip on March 11, 2014, 02:39:14 pm ---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,
--- End quote ---
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
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