NY-Viking

As long as a Chinese citizen is still a Chinese citizen (even with a greencard), he or she can enter/exit China on their Chinese passport without obtaining a Chinese visa. They're still Chinese. Once they obtain US or other foreign citizenship, however, they should start using the foreign passport and then should obtain a valid Chinese visa to enter China. While the visa application form does say that, I don't believe they confiscate the old PRC passport. I'm not sure that they even cancel it, or actually how closely they monitor that requirement.

You're preaching to the choir Sir Lancelot. Wasn't saying it's something I approved of, and while my wife has no intention of becoming a US citizen right now, if she ever does, she'll be using her US passport to enter China. And as far as "why" they're doing it - it's not "to save a few bucks." They actually want to be considered Chinese while in China. They're not just there for a short visit where a quick trip to the consulate for a visa would do the trick; they're living there and want to take advantage of the benefits of being a Chinese citizen. (So why become a US citizen then? Do they want to have their cake and eat it too? Basically. And yes, this is something I've discussed with them as well, because, as I believe you are, I'm proud of my US citizenship and see it as more than just a travel document.) Most people don't think about legal trouble or getting foreign diplomatic help; they want the health, tax and other perks of being Chinese while there, and don't want to have to go through the trouble of constantly renewing their visas. China now has something equivalent to a US greencard, but it's a long and complicated process (sound familiar?), so some people I know have decided to get around the problem by using two passports. Could this cause problems if they got into legal trouble and needed US or UK diplomatic help? Yes. Would I advise anyone to do it? No. Still, people do it, and China's check of credentials on exit is one way they try to stop people from using two passports once they gain foreign citizenship. As a side note, if anyone is considering "retiring" to China with their spouse, whether or not your spouse should apply for US citizenship is something you should really consider. A greencard is for "residents" and your spouse will lose it if you don't reside here (legally, I think you have to make at least one visit to the US to maintain your status as a permanent resident), so in some ways obtaining actual US citizenship will be a benefit for leaving China and coming to the US. On the other hand, if your spouse gives up his/her Chinese citizenship, there will be Chinese visa issues to consider (again, not a problem if you go for a visit, but a definite issue if you're going to stay there long term).

Wasn't denying that. The same thing happens when you board a plane to China in the US - the airline looks for a PRC Visa in your passport. If they didn't, and you were denied entry, they wouldn't want to be held responsible for not telling you that you needed one. Anyway, my point was just that Immigration in China checks you both as you go in and out, unlike in the US where they check you just as you enter. Anyway, for people traveling with PRC passports and greencards it's no big deal since they'll show it to both the airline and the Immigration anyway. The main reason this popped into my head was that I have a few friends that have obtained US and UK citizenship but are living back in China now. In order to avoid having to pay for and be restricted by Chinese visas, they'll travel into China on their PRC passports. Only problem is when they want to exit! Their PRC passport won't have a valid visa from another country (preventing them from exiting) and they can't use their US/UK passports since they don't have a PRC visa in them. I think they've gotten around the problem by travelling first to Hong Kong or Thailand, or someplace that it's easy to get a visa for, and then continuing on to the US or wherever. What a headache!

On a related note, it's not like in the US where you just check in with the airline and then get on the plane; exiting in the country in China requires you to go through Immigration as well. I'll ask my wife too (since she's done this already), but I was under the impression that when leaving China, the greencard holder also had to show it to Chinese Immigration officials so they know she can lawfully enter the US after she gets on the plane. I know that they have always checked my wife's passport for valid US (or other country) visas before they let her go.

Seems to depend on both the company AND the state you're in. Call a few different companies to see who gives you the best rate by adding her (good time to review your policy I'd think ....). When we lived in MN, I kept my fiancee/wife OFF of my policy until she got her learner's permit, on the belief that there'd be no reason to add her until she had a learner's permit since she wouldn't be driving. Once I added her, I wished I had done so earlier - my rate actually went down slightly! (Married people are considered "safer" drivers ... go figure.) We used Progressive there.

congrats - and from my experience, it looks as if the trip won't be too hard on her. my mother-in-law got 6 months on entry. she's only staying 5 though (unless we change her return ticket). The immigration officer makes the decision at the POE; you can petition to extend it later if you like - do a search for some postings on the subject - people have done it.

that previous us travel probably helped ... A LOT anyway, congrats to you - many of us are very envious!!!

I think the general consensus is filing together is faster (it was fairly quick for us ...), but filing the AOS first and then filing the EAD ELECTRONLICALLY (on the website) has seemed to have worked pretty quickly for some people. Question, though, we were K1, so maybe the process is different, but can't you get the SSN without filing either? In our case, we just went down to the Social Security office with her valid I-94 and got one about a week after arrival. And also, I seem to remember reading some posts about putting a temporary "dummy" SSN on work forms for medical benefits while you await the actual number. Do a search for SSN or medical insurance.

I'm confused ... have things changed? Do they take the US citizens biometrics now for some reason for the K1???

Thanks for the post, but the between-the-line text in that document is "America Welcomes Chinese Tourists (That Have Money)". As you say, it is all in the evidence and interview, but as opposed to the K visa interviews, where they are looking at your relationship, here they are looking at whether the applicant will return to China, and the burden is on the applicant to prove that he or she intends to return. If he or she doesn't have a whole lot going for them in China, and his or her only daughter has emigrated to the U.S., the understandable suspicion is that the applicant does not intend to return. But, this CAN be overcome - just make sure her parents have a lot of convincing evidence of their "ties" to China. Tine & Ella's list is a good starting point. I think that something that helped with my wife (then girlfriend's) B2s is that we had a definite agenda for our time - a day by day schedule of where we would go. Of course, that alone along with $100 will get you a nice red rejection stamp on your passport, but a planned itinerary (with a return date!) helps, IMHO, provided you have some other evidence of what will bring you back to the Middle Kingdom. (Incidentally, the fact that one does not speak English, and therefore would have no reason to want to stay in the U.S. is not good evidence of an intent to return. My friend's wife tried to claim this.) As others have said, it only costs about $100 to try. Just make sure you're prepared.

Thanks on your congrats! And I'll definitely post what happens with my mother-in-law, but we're a few months away from that happening. Best of luck in that to you too! As far as my wife's (then girlfriend's) B2s, you can do a search, but it was a combination of her having a decent job and some international travel experience, and the fact that I worked for a company in Shanghai at the time she got her first couple of visas. After that, the evidence that she had come back worked in her favor. Although, I know of at least one person who was rejected despite the fact that he had been to the US multiple times because he lied on his application, so honesty (as always) is required. Feel free to do a search - I'm sure you'll turn up some more information on what documents we used, etc.

Well I stand corrected. I still think, however, that if the medical exam is less than one year old that it is likely that the person you speak to on the 1-800 number simply doesn't know what is really in your file and is just telling you what to do to be "safe" --- as was the case with us and going for a second biometrics/fingerprinting appointment, despite the fact that our records were in the file. But still, to be safe, getting the medical done again unless you hear otherwise is a good idea.

Ummm... no. Where did you get that information from? They do not have the right to ask for an additional medical exam at any time. Can you show me anywhere that the government has the right to require an intending immigrant to undergo multiple medical exams at its will if one has already been submitted within the past 12 months? Granted, it is an uphill battle, and it may be easier to just go ahead and do the exam again to get the ball rolling on the application, but from my own experience (see above), it doesn't hurt to make some additional phone calls, ask to talk to superiors, etc. In this case, a phone call to the 800 number is NOT going to solve the problem, because the person you speak to on the phone is NOT able to look at your file and see what's there. A letter would do the trick, but waiting for a response may just simply take too long, and just doing the medical again may be faster. My guess is that they just want the Supplemental and the person Tian spoke to on the phone doesn't know the difference. But that's only a guess, and unless Tian can get a definitive answer, I agree he should have his wife do another medical.

Unfortunately, I think that's the only one you can call.

That's ridiculous. Even if there is not a I-693 in the file, the fact that she was granted the K1 in the first places shows that she had a valid one when the visa was issued. If you can get another I-693 done WITH the supplement quickly AND cheaply, I'd just go ahead and do it and send it in. On the other hand, if it's going to take a lot of time and money, I'd say it's worth making some additional calls. The 1-800 number isn't always (ever?) the best source of information--when my wife got her biometrics/fingerprint appointment notice AFTER we had already done biometrics/fingerprints and I called to see if we needed to go again, the woman i spoke to said we had better go, or they might view our file as abandoned. Well, we obeyed and went to the office. When we got there, we were told there was no reason for us to come again, that my wife's fingerprints/biometrics were ALL READY in the system, and that whoever told us to come again on the phone was WRONG. So, you may want to make some more calls, but I wouldn't hold my breath waiting to talk to someone who knew a definitive answer.

Sweet. Congrats. And, let's hope for some better weather this time.

It's a good starting point, but many of the civil surgeons listed will either NOT do the supplemental only, or charge a ridiculous fee. But, yes, it's a good starting point. Also, ask on here whether there is someone in your area that can recommend someone.

Wow .. this really sucks. Not getting the card is one thing. Not getting a sufficient explanation as to why is different.

I see you found the case status website, which is what I was going to recommend. It's not updated as frequently as one would hope, but generally provides some guidance as to where applications are - provided you have an Application Receipt Number! Congratulations on your daughter, and condolences on the loss of your friend and the other issues you have to deal with after the hurricane. And I'm sure your lawyer is right on the extension issue - since they are applying for an extension and not just staying longer than they were permitted, they should have not no problem getting future visas, provided they do stay in China for a period after the extension expires in order to show that they were truly just visiting.

First off, thanks for your posts - as with many others, my wife and I are looking to have her mother (and maybe father) visit for a while. I haven't announced it elsewhere, but we're expecting in December. The list you provided was similar to what we used when my wife (then girlfriend) first visited on visitor visas several years ago. It's helpful to have a list to work with, but of course as with the K1/K3 process, every application will be a little different. But still, thank you so much for posting your experience and document list. Just wanted to comment on what the difference was in the dates on the Visa and the dates given at the Point of Entry. First, it was Immigration, not Customs, that gave your mother-in-law the 6-month stay. Customs just approves/scrutinizes what products/animals/money/etc. we bring into the country--they're the ones that take away all the dried meet our spouses try to bring into the United States. Immigration is the first counter we come to--where our passport gets stamped and before we get our luggage, which may be inspected by Customs. Secondly, the visa your mother-in-law has is good for multiple entries within 1 year of issuance; Immigration at the Point of Entry decides how long the visitor can stay for each visit. Sometimes, they're the same length, and sometimes they can overlap. So, in other words your mother-in-law is only allowed to stay up to 6 months on this visit, but provided she leaves the country within 6 months, she would be allowed to enter the country again on the same Visa, provided her second entry is within a year of the issue date of the Visa (and provided her visa isn't somehow otherwise cancelled). In addition, provided her second entry is within one year of the issue date of the Visa, she could stay in the U.S. well beyond the year, depending on the amount of time she is issued at the Point of Entry. For example, my wife (girlfriend at the time) entered the U.S. with about a week's validity left on a 6-month multiple entry visitor B2 visa. We thought we would only be able to stay the week, but at the Point of Entry (San Francisco, not that it matters), the Immigration Officer granted her a stay of 6-months. We left within the week anyway (was during a 1-week vacation of Chinese New Year while we were both working in China), but she could have stayed the entire six months, despite the fact that the Visa itself had expired. So, basically it's a two part process for U.S. visas - the Visa issued at the U.S. embassy/consulate in China determines the number of times the holder is allowed to enter the U.S. and the date by which such entry(ies) can happen. The Immigration Officer at the U.S. Point of Entry determines how long the Visa holder can stay during that particular visit. Note that this necessarily means that the Immigration Officer is also authorized to deny entry all together at the Point of Entry despite the Visa holder having a valid Visa. This could happen if (among other reasons) the Immigration Officer believes that the individual will not return to his/her home country (so a return ticket is usually asked for) or the individual is doing something illegal (like transporting illegal drugs). However, I do note that I have seen B2 visas issued with particular restrictions on the visa itself. I have a friend in Shanghai who received a visa for a 2 week stay during a 1 month period, and she had to be accompanied by her American husband during the visit (that entire restriction was printed on the visa). That worked for them as it was basically what they wanted, but I note it because we should be aware that such restricted U.S. visas do exist. Presumably, however, the Immigration Officer at the U.S. Point of Entry could have granted her a longer stay, if he had stamped it on her Passport. Also, note that this is the case for United States Visas---Chinese visas are completely different. For China, the timing issues are pretty much all decided on the visa. That is, visits to China are only good for the number of entries, lengths of stay and dates listed on the Visa itself. There is an important difference depending on whether the visa is granted for stays of a pre-determined length. Example 1: If you have a 1-year multiple entry visa to China, you can enter and exit China as often as you like within the year, but you must exit China before the date on the Visa expires (or apply to extend the Visa while inside China). Example 2: If you have a visa that entitles you to one entry of 30 days within a 90 day period, you must enter China within the 90 days, but you can stay inside China for 30 days after that entry (even if it extends past the 90 days). The date by which you must exit the country is stamped on your passport at the Point of Entry in China, but is determined by the Visa itself. Similarly, if you have a double entry visa, and each stay is for 30 days but the Visa is valid for 90 days, each entry must occur within the 90 day period, but each stay is for 30 days upon entry, which may allow a stay beyond the 90 days of validity on the visa. Of course, the Chinese Immigration officer is always authorized to deny the entry as well to an otherwise valid visa holder, but the length of any granted stay is determined by the visa itself. I know that your post is over a year old, and you've probably dealt with these issues already (and may have even posted about them elsewhere), but I just came across your post today and thought I would add some information for others.

This is a big issue that many intending spouses and fiance(e)s should be aware of before they decide to make the move. My wife had a successful career as a consultant in China and in the year before she moved she turned down several offers for managment positions in other companies because she didn't want to start a new job so close to the time she would make the move (and in the process gave up prestige and higher pay). Since she moved to the U.S. she's had no luck in finding a comparable job, and it's a constant source of disappointment for her. All in all, she is (and we are) doing ok, but having to start again from Ground Zero is something many immigrants have to do. Foreign degrees and experience simply do not carry the same weight in many cases. I don't mean this to sound so grim - many people will find rewarding careers, but the reality is that this will be another adjustment one has to make when moving to a different country.

awesome news - congrats!

That's not a bad point. The restriction can be found here: http://stockholm.usembassy.gov/consulate/acs4.html (as well as other US embassy pages) and the form you would have to fill out is here: http://www.fincen.gov/fin105_cmir.pdf . It defines "person" as individual, so as long as you and your fiancee aren't carrying a combined total of more than $20,000 in cash, there shouldn't be a need to file.

You have to declare it; but it's not like the sales tax you have to pay for goods purchased abroad above a certain amount. You just have to let them know you're bringing money in the country. 1) Just list the money on your form and when you walk through Customs after you've got your bags and cleared immigration hand them the form. I've brought a cat through this way and listed that I had an animal. It wasn't a big deal. Just go through the normal area. They may ask you why you have that much and just say you were working and that you already filed US taxes on the money (provided you did). 2) If you filed US taxes (I think that's what you meant) for the money already, then you've already taken care of your US tax requirement on it. Remember it's an "income" tax, not an "import" tax on money (as opposed to goods you import). You're allowed to carry your money earned abroad back into the US. They have the restriction to keep tabs on people, not to somehow tax them twice on their earnings. If you only filed China tax on the money, then you'll need to file US taxes for the past three years. Your income is completely exempt up to a certain amount, and you can also take away what you had to pay in China taxes. If you do owe taxes, there will be penalties for late filing. But again, I think you meant that you filed US taxes from China, so this should be all taken care of. 3) If you're brining more than $10k, legally you should declare it. What's the chance that you'll get caught? Slim to none, unless they stop you for a random check (like when they took away my pillow from Thailand .. still pissed about that one ... I digress ...), and then if they do catch you, there's likely to be a fine (unlike when the old Chinese lady brings in dried meat and they just have her throw it out). Blatantly disobeying the law here could bring consequences, and it's really not worth it, although there's really only very small chance they'd see the money (unless you're carrying a suitcase full of 10,000 $1 dollar bills).

Keep in mind that the biometrics people don't really know what's going on ... just over the border here in the Twin Cities we had about a 2 month wait for biometrics (would have been longer .. but we called and were able to get an appointment .. .2 or 3 tries if I remember correctly) and then green card inverview about 3 months later (see our timeline below ...). The USCIS helpline had no idea about what went on at biometrics - they sent us a letter to go do it again! - and the people at the biometrics place had no clue how long green card processing would take. Every application is a little different, and every office takes different amounts of time. Basically, it sucks.