Immigration Issues/marriage to Chinese

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Question
I want to marry my Chinese woman while she is here in the U.S. on a visa, October 2011. She must return January 2012 for her daughter's wedding. Her visa also expires in January 2012 Is it going to be difficult for her to come back to file papers for sponsorship and advance parole if this is what is required. My bottom line question is when we marry, how can she come back after returning to China. Thank you!

Answer
I do not recommend entering on visitor visa with the explicit intention of marriage to a U.S. citizen at time of entry to the U.S.

The best option is to marry right now (I am assuming that she is already in the U.S.), and if the sponsorship paperwork is filed properly, advance parole document will be issued in time for your wife to travel abroad: www.h1b1.com/Uscitizen.htm

If you marry now, and sponsorship paperwork is not filed while she is still in the U.S., she should not enter on visitor visa in the future as the visitor visa category does not allow for explicit intention to immigrate to the U.S. at time of entry to the U.S. Instead, an I-130 petition should be filed, which will require consular processing at a U.S. Consulate in your wife's home country. You will be separated from your wife for at least a few months.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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