levon

Thanks, Randy and dnoblett. I guess the issue is that they issued the Green Card based on our intent to establish domicile in the US, and now the date of that intent has changed. We don't intend to reside in China permanently, but it makes the most sense for us right now. So our current situation (at least for the next two years) is that we will be working in China but plan to return to the US once or twice a year for 2-3 weeks each time. Our first choice would be for her to keep the green card, if that is possible. However, if it's not possible, the next priority is to not have the green card (or its cancellation) affect our trips back to the US. Before the green card, my wife would regularly travel back and forth on a B-1 visa. My fear is that we'll go back for spring festival or Christmas this year and she'll get sent back from the port of entry if they decide to cancel her green card. I'd almost rather just voluntarily give up the green card and just go back to applying for B-1 visas until we're 100% sure of when we'll go back to the US. Any thoughts? I realize that this is a unique situation, and that we probably made a mistake by applying for the green card in the first place. We weren't trying to "game the system" (although I think we did "misunderstand the system"). Our plans just changed. Sigh...

Hi, This post has more detailed background on our situation, but here's the basic gist: I'm an American who's been living and working in China since 2002. My wife is a Chinese citizen who works for an American university in China. We were married in North Carolina in 2005. We applied for an IR-1 visa in 2008 based on our plans to move back to the US. By the time it was approved we'd decided that we would delay our move to the US, but we went ahead and went back for a few weeks this April to get her Green Card. Now we're back in China and it looks like we'll be working here for the next couple of years at least, although we still intend to relocate permanently We'd been told by a well-meaning immigration attorney back home that we could apply for a two-year re-entry permit after getting the green card and renew it three times, giving us up to six years to finally fully relocate to the US. Unfortunately, the biometrics for the re-entry permit need to be done in the US, and the whole process takes more than a month, which is more than our jobs will let us take off at one time. (In fairness to the immigration attorney, this regulation went into effect after her advice.) We came back to China on April 19th of this year, and I'm wondering if there's any way that we can maintain her Permanent Resident status while continuing to work here. I've been awed by how helpful this community are, and I would be grateful if anyone has thoughts on the following questions: 1) Is going back every six months an option? What if it was closer to once a year? 2) Would purchasing a home in the US help to establish domicile? My current address in the US is at my parents house, which is where I get all of my mail and where we stay when we're in the country. 3) If we do go back and they revoke her Green Card, will she still be able to enter the country for that trip or would she be sent back? Being sent back would sort of ruin the trip home for Christmas. 4) Is there anything else we can do? 5) Does anyone know of a decent attorney/advisor in Beijing who could provide us with further advice? Thanks in advance for any advice!

Just called the embassy, and they weren't all that excited to talk to me. Some relevant quotes, all in response to repeated askings of "Could you do the biometrics?": "We strongly suggest that you do the biometrics before you leave the United States." "She can fly back to the United States to do the biometrics." "We're not authorized to do that sort of thing." "It's not that we've never done it before, but for emergencies." "We suggest that you change your departure date." "You should do the biometrics in the United States or there will be many problems." My takeaway is that I could probably get them to do it, but I'm not sure, and it would definitely be a pain. I think what we're going to do is go back without applying for the permit, and if we end up not being able to come back to the US for over a year due to pregnancy/childbirth, then that's a pretty decent basis to apply for a returning resident visa on, and we'll just go that route. Unless someone can convince me to send in the I-131 application tomorrow and brave the biometrics in Beijing.

Just wanted to provide an update on our situation and ask one more question. We went to the USCIS office here last week, and they confirmed that the biometrics (fingerprints) for a Re-entry Permit application should be done in the US. He did say, however, that consulates/embassies abroad can do the biometrics if they chose to. That is to say, it is at their discretion. So my question is, does anyone know if the embassy in Beijing (or the Guangzhou consulate) will do the biometrics for a re-entry permit application? If they will, then we might take the risk and file the $300 application before we leave this weekend. If they won't then we'll try to come back at least every six months. (Unless my wife gets pregnant, in which case we would have to try for a returning residents visa and/or start the process all over again.)

Thanks, Randy. I'm a bit embarrassed that I didn't find that page myself! We have an appointment at USCIS Wednesday morning. I'll report back with what we learn. I'm doubtful about getting a positive answer to my second and third questions.

First of all, thanks so much for all the replies! I wanted to provide an update on our situation, and hopefully get some more feedback from folks here. We arrived in the US on Friday, and had no trouble getting through immigration, even though we told them that this was just an exploratory trip, and that we will be heading back to China on April 18th. Our original plan had been to return to China on the 18th and then come back to the US within a year. We now have plans to have a child, though, and my wife prefers to give birth in China where her mother could take care of her. Since she would certainly not feel comfortable traveling while pregnant, we are unlikely to be able to return to the US within a year, which means that we definitely need to apply for a reentry permit. Unfortunately, after talking to USCIS, it seems like the application process for a re-entry permit requires a fingerprinting, and we almost certainly wouldn't be able to get that completed by the 18th. So we're left wondering if we're going to have to go through the IV application process all over again in a couple of years. We would be grateful for any feedback or advice from folks here. 1. Does anyone know if the fingerprinting for the re-entry permit app can be done at the consulate or embassy in China? The official word we got from USCIS was that the application "may be denied" if the fingerprinting is not completed in the US before leaving. 2. My wife works for a major US public university in Beijing (at their study abroad program). Any chance that could be considered a valid reason for staying in China while remaining US residency? 3. I guess the biggest problem is that we got the IV approved based on our *intent* to establish domicile in the US. We *still* have that intent, but I don't know if the intent is enough to maintain the green card. Any thoughts on this issue? Thanks so much!

Hi, Wow, this is site is a truly incredible resource and a wonderful community. I spent hours searching the internet and was extremely confused until I found this site. Unfortunately, I'm still confused about something, and I'm wondering if folks here can help. Here's the short version of our story: My wife applied for a CR-1 visa and was accepted, but I was just recently promoted at my job in China and now it looks like we'll be staying here for my work for the next couple of years. We're wondering how we can get her green card and keep it so we don't have to go through this whole (long and expensive) process again in a couple of years. Here's the longer version: My wife and I have been together since 2000 (we met when I was a student), I've been living in China since 2002, and we were married in North Carolina in 2005. We applied for and received her IR-1 visa in late December 2008. Since I've been living in China for so long, we applied on the basis that I intended to re-establish domicile in the US. Unfortunately (or fortunately?), I've recently been promoted at my job, and it looks like it makes sense for us to stay in Beijing for the next couple of years. My big question is, "Is it possible for us to get her green card and stay in China for the next few years?" We plan to go to the US in either February or March, and my understanding is that once we enter the US her visa will be stamped and become a 1-year residence permit. Shortly afterwards, we should receive her green card at my parents' address (where we will be staying). After receiving the green card, I think we'll probably apply for a "re-entry permit" using form I-131, and then return to China. We will almost certainly return every year, and we plan to move our permanent residence to the US within the next few years. Here are my little questions: 1. Do we need to enter the US using a one-way ticket? 2. How long does it usually take to get the green card? 3. How long does the re-entry permit process take? Do we need to start (and/or finish) it before we leave the US? How long should we plan on needing to stay in the US before returning to China? 4. Are there things we should do to establish domicile in the US (or at least maintain evidence of our intent to do so)? For instance, apply for a SSN, get a driver's license, buy a house(!). 5. Is there anything else we should be aware of? (Hmm... Maybe all of these are big questions...) Thanks in advance for any help and advice any of you can provide. I'll definitely share our experience of how this goes, and am happy to answer any questions that might be helpful to others regarding the process we've gone through so far. Thanks!