kdavid3

My wife and I have been residents of CA since 2014. We'd like to apply for citizenship as soon as possible. It's very likely we'll be moving to another state (completely unknown at the moment) sometime in the next 5 to 18 months. Will this effect our application? Thanks!

I'm confused by a discrepancy in the M-476 and M-480 documents. Situation: my wife has been a permanent residence since June 9, 2014. From May 2017 to March 2018, she and our two children accompanied me overseas for dissertation research. Funding for this research was provided by a US Dept. of Education grant. I have all the documents related to this, our apartment leases for the past six years, including proof of our sublease for when we were in China. Other than this ten-month trip, she has spent no other time outside the US. M-476 appears to state she must have three continuous years of residence in the US without trips abroad longer than six months. M-480, on the other hand, appears to state we can apply for citizenship as long as she hasn't spent more than 12 consecutive months abroad. Granted everything is in order paperwork wise, are we likely to have a successful case if I applied today? $725 is a lot to wager, and I'd rather not apply unless we have a reasonably good chance of success. Thanks for your help!

Thanks for your replies! Yes, we've paid taxes (filed jointly) each year. I'll pay our 2017 taxes before our departure late March, granted I have all the documents needed to file. We've been at the same residence since 2014. We were fortunate enough to sub-let our apartment, so we have the lease and all relevant bills, bank statements, etc. My fellowship has been provided by the US Dept. of Education, so will have those documents as well. Just wanted to make sure nothing weird was going on that I was unaware of.

Yes, that was there "visa" to China.

Hello All, An update to my issue. The Chinese Consulate in LA refused to issue my boys Chinese visas since they were both born in China. Instead, we got them travel documents valid for two years. Getting these were straight forward and hassle-free, once we knew exactly what we needed. We completed the application via an online system (the link to which to consulate provided). Once we filled in the requisite information, the system prompted us to make an appointment. We took the boys to the consulate for a meeting. Once everything was in order, the books were issued. They entered the PRC on those books no problems.

Hello All, My wife was issued a ten-year green card late 2014. She was in the US for almost three straight years until late May 2017. She and my two boys have accompanied me to China for research. We'll have been here for ten months by the time we return late March 2018. I understand an advanced parole is suggested for individuals who will be abroad for longer than 12 months. As I mentioned, we'll only be 10. Three questions: 1. Given the current political climate regarding immigration, is there any reason to believe that my wife will be given any grief? I have plenty of documentation to prove our trip abroad was temporary, and that our home is indeed in the US. 2. My wife's Chinese passport will expire June 2018, about 3 months after we return late March 2018. Her green card is good through 2024. Will the expiration of her Chinese passport cause any problems? 3. Given everyone's experience, is there anything else I should do to ensure we all successfully pass immigration/customs upon our return? Thanks!

I've just today come across two excellent links: 1. Applying for a PRC Exit and Entry Permit for a Child with Dual Nationality 2. Applying to Renounce Chinese Citizenship I'll be contacting the PRC embassy nearby in LA to see if we can do the latter here. If so, I'll update on how that goes. The goal will be to renounce citizenship for the boys and then get Q2 visas for them.

Thanks, Randy. We'll try to get the boys visas (not travel documents). I'll update on this when I have something to share. Thanks again to everyone!

Hi, everyone. Thanks for all of the feedback. I've included my responses (and more questions) below. No, she's a permanent resident. We haven't been in a rush to look into citizenship, but may consider it sooner rather than later for reasons listed below. If we decide that she'll leave the US (for 10 months) as a permanent resident, does she need any special paperwork? Great idea. Can you please clarify what you mean by "your PSB"? Will any PSB suffice, or must we return to the PSB in Harbin, where her hukou is from? We don't plan on returning to Harbin and would like to avoid any unnecessary trips. The bureaucracy to get my kids exit documents was a nightmare. (Long story short: one lady in charge, corrupt, wouldn't entertain processing any paperwork without a bribe. This was back in 2014.) These are purchased at the US consulate in the PRC? Does it matter what visa one enters in? For example, can I enter on a research visa and then get one of these? This is what I'm afraid of. Both were born in China before my wife was a permanent resident. Questions: 1. Is there *anyway* I can get them in and out as Americans with their US passport? I do NOT want to have to go through the hassle of returning to Harbin to get them exit documents again. 2. If they *must* be treated as Chinese citizens, what are my options? Can I deal with a PSB in Beijing, where this type of situation is more common? Friends dealing with this situation in Beijing have been successful with the very straightforward bureaucracy there. 3. If my wife becomes a US citizen before we leave, does that disqualify the children as Chinese citizens? Both of my boys have US passports, etc. Lastly, communication in Mandarin isn't a problem. I lived in Harbin for eight years and am doing a PhD in modern Chinese history. The problem is the bureaucracy and corruption we faced when leaving the country in 2014. Had it not been for extensive guanxi and bribes, I'm afraid I may not have gotten them out of the country. Thanks again for all your help. As I've done for my wife's immigration paperwork, I'll keep copious notes on this process and create a "guide" once finished to post here for posterity.

Hello All, I've been lucky enough to be awarded a ten-month fellowship to support my PhD research in the PRC from June '17 through March '18. Unfortunately, it appears that the (multiple entry) visa I receive will require that I leave and re-enter the country every sixty days. My children are American citizens (with passports, etc.). My wife is Chinese. I'm wondering what type of document I can get for my boys to avoid them also having to leave the country every sixty days during our ten-month stay. It'll be enough hassle, financial and personal, for me to leave every so often. I'd really like to avoid having to take the boys each time as well. What are my options? Thanks!

Excellent. Thanks very much!

Thanks for the quick reply. Okay, so even if the vaccinations she received pre-interview normally require several doses spread out over several months, and she (at least as far as the paperwork is concerned) only received the first dose, she is not, and will not, be required to show proof of having received the "required" subsequent doses? Is this correct?

My wife received her IR-1 and green card last summer. We've been in the States for about nine months now. We've also just now got everyone insured so that "non-necessary" procedures, etc. can be done without breaking the bank. I want to ensure we have all our ducks in a row so that my wife has the option of citizenship at a later date. My question: What vaccinations/medical need to be done from time to time to ensure these bases are covered when the time rolls around? My wife received the yellow booklet as well as the vaccination document worksheet. Due to poor hospital record keeping, she had to get re-vaccinated when she did her Guangzhou medical pre-interview. Thanks in advance, and apologies if this is already covered elsewhere!

Good to see I'm not an idiot! Cheers!

First, does the B2 DS-160 ask if the applicant is a CCP member? I swear I don't recall reading this. Yet after the fact I'm thinking I must have missed it.... After filling out the DS-160 for my father-in-law I learned he is a nominal member of the CCP (i.e. he holds no official posts). At the time, I clearly wasn't reading/thinking clearly and wrote down "no" for affiliation. The form has been completed, and the interview already scheduled. What are my options?

Excellent. Thanks for your quick reply. One more question: From looking over this topic (and others) it now appears that the application is done entirely online. Is this correct or did I misread?

Question: My wife has just received her green card. During her interview, the officer requested joint sponsorship as my income was too low (I'm still working toward my PhD). For my wife's parents to visit on a B2, could my low income affect their chances? Are we the only ones who can sponsor them, or can we get joint-sponsorship for them? Lastly, if the B2 could be unsuccessful due to income, what other options might we have to allow her parents to visit? (Just to clarify, they'd only be here a month or two and then return to China. They're not immigrating.)

No problem with her receiving mail. We received her social security card just a week after we entered. Unfortunately, we tossed the envelope as we didn't know about the mail requirement for banks, etc. until after the fact. Thanks for the link!

It's been almost exactly six weeks since we entered. Our address has not changed. In addition to the green card, she also needs "mail" to prove she has an address here in order to open a bank account. "Mail" is also required for her driver's license. Any idea how I locate which field office her documentation is being processed at?

We entered the US via NYC on June 9. Today is July 21 and we have not received any information regarding my wife's GC. I've checked the USCIS website. I entered our receipt number and found that: So, it's been almost three full weeks and we haven't received anything via snail mail. I'm worried as they may be requesting additional information from us. Through the same USCIS website I'm attempting to report that we did not receive a notice. However, the e-request form does not list the OS155A as a form in the drop-down box. As such, I cannot submit this request. I also tried to enter I130, but the system reports that our receipt number does not match that form, and as such they are unable to continue. Any idea how I can contact the relevant parties to inform them that we have not received anything since entering the US on June 9? From what I understand, GCs are often sent within 4 - 6 weeks. We've past week six and now I'm getting a bit worried that they've attempted to reach out to us for more information in order to proceed....

Candleforlove has been such a huge help. I've put together this guide to an IR-1 visa to share our experience and give back to the community. Hopefully it will serve as a centralized source of information for future IR-1 applicants. This is a guide for Americans interested in getting their Chinese spouse an immigrant residence visa (i.e. a green card) for the United States. This guide is based on my experience of personally preparing and filing all documentation for the entire immigration process. All requirements, forms, etc. were current as of April 2014. Please ensure the forms enclosed herein are current at the time you file. I am a firm believer of being over-prepared. As such, some of the documents I prepared early were not collected early in the process. For example, even though the criminal background check is collected until the visa interview, which is the final step in the process, I had it prepared at the time we filed the initial application directly with the embassy in Beijing. As such, while some of the documents I prepared (see the table of contents enclosed) were not required in advance, it is still a good idea that you prepare them. Lastly, the information below is for filing for an IR-1 visa. Couples who have been married for longer than two years are eligible to file for an IR-1 visa. Our Timeline November 12, 2013: DCFed in Beijing November 14, 2013: DCF approved and forwarded to Guangzhou December 2, 2013: I-130 approved; asked to complete DS-260 online December 30, 2013: DS-260 approved; asked to scheduled interview and complete medical *April 7, 2014: Completed medical (morning) and picked up results the same day (afternoon) April 10, 2014: Visa interview successful April 22, 2014: Received passport (with visa) and immigration packet *As my wife was pregnant at the time we received her notification to schedule the interview and medical, we opted to wait until after she had given birth before proceeding. This is because we did not want to expose the unborn child to any medical risks, regardless of how small, via x-rays, vaccinations, etc. Had we proceeded with the interview after receiving the notification on December 30th, it is very likely we would have completed everything within just two months’ time. Step One: Start Preparing Before you Start Preparing Part of the application process requires proving that your life in America will be better than your life in China. This also requires proving that you have maintained a residency in America while you have been abroad. Historically, applicants have been rejected both because A) The immigration officer believed the life the couple/family had in China was better than what they could have in America (i.e. property and lots of income in China, but none in America) and B) the petitioner (i.e. the American citizen filing on behalf of his/her spouse) had failed to maintain sufficient ties to America. Additionally, part of the application process requires providing tax records. Regardless of where your income originates, all American citizens are required by law to submit a tax return each year. If you cannot provide at least three years of tax returns, your case will likely be thrown out. Tax records not only illustrate that you have maintained ties with America, but also show the immigration officer that the beneficiary (i.e. the Chinese spouse being issued the visa) will not become a public charge (i.e. that he/she will not move to America and then immediately apply for welfare). So, what does all this mean? It means that before you consider beginning the immigration process, you should ensure that all your ducks are in a row years in advance. To do so, ensure you are doing the following: Maintain a US residence This does not mean that you must own property in America. Maintaining a residence simply means that you have a home in America. While this could be property that you own, it could also simply be a mailing address to where various entities post bank statements, credit card bills, magazines, etc. I used my mother’s address. I’ve continued to have mail sent to this address while I’ve been abroad. This is also the address I use whenever registering for various services (e.g. credit cards), etc. Maintain a US bank account Maintaining a bank account in good standing helps satisfy the residence criterion discussed above. Own (and regularly use) a US credit card Maintaining a credit card account in good standing helps satisfy the residence criterion discussed above. Regular use and repayment of a credit card also illustrates that you value maintaining a good credit score, which is important for purchasing a home or car in America, etc. File your taxes each year that you are abroad As an American citizen, you are required by law to file taxes each year even if you do not earn any income (e.g. you are studying abroad). The final stage of the immigration process also requires that you provide tax returns for the last three to five years. Keep a photo album Another part of the application process is providing evidence of a bona fide marriage (i.e. that your marriage is legitimate). Photos are an excellent way to illustrate that your relationship is legitimate and has been established for some time. Take regular photos of you two with friends and family, Chinese and foreign, and on vacation, etc. If you have, or are planning on having, children, take photos throughout the pregnancy as well. These will be needed when applying for the child’s American citizenship and passport. Plan your “exit strategy” As mentioned above, you will have to prove to the visa officer that the beneficiary will not become a public charge. The only way of doing this is by proving that you have regular income in America which exceeds the poverty line. The specific figure used by the visa officer is 125% of the poverty line. For example, if the poverty line is US$25,000, you will need to prove that you have an annual income of at least US$31,250. As the poverty line changes each year, you’ll need to do the math at the time you apply. Also note that having children increases this amount. The 125% is for the beneficiary only. If you have children, you’ll need to exceed this. Many sources state that while income per se is not the deciding factor, it is certainly the visa officer’s most concrete factor in assessing whether or not the beneficiary will become a public charge. Many sources also state that substantial savings may be considered in lieu of income (e.g. perhaps you do not have a job lined up prior to departing for the States). However, to share some personal details, substantial personal savings and liquid assets which exceeded the poverty guidelines were insufficient in our case and a joint sponsor (i.e. someone who assists the petitioner in sponsoring the beneficiary) was required. Luckily, I was prepared and had had my mother fill out a joint-sponsor I-864. So, how does this coincide with an exit strategy? Essentially, you will need to know what you are going to do for employment in America prior to beginning the application process. It would be best if you already had a job, had received a W-2 from your American employer, and also had a letter from your American employer commenting on the security of your position, etc. Without this, you will need a joint-sponsor who will be jointly responsible for the beneficiary. Step Two: Direct Consulate Filing (I-130) As the beneficiary is a Chinese citizen, his/her application is eligible for Direct Consulate Filing. This cuts out a huge step involving the United States Citizenship and Immigration Services (USCIS) and National Visa Center (NVC). Beneficiaries who are not citizens of countries which allow DCF can wait up to eighteen months for their application to be approved. - this paragraph is not correct - see below In order to file your application directly with a nearby consulate, you will need to prepare and bring the following documents: Evidence of petitioner’s American citizenship Copy of petitioner’s passport Copy of petitioner’s birth certificate Evidence of petitioner’s domicile (i.e. that you’ve maintained a residence in the US) Copies of petitioner’s financial records Copies of petitioner’s American tax returns, financial statements (e.g. savings account statements, credit card statements, IRA statements, etc.) Evidence of a bona fide marriage Photo album Copies of marriage certificates Copies of child(ren)’s passports, birth certificates, Consulate Report of Birth Abroad (CRBA) certificate Beneficiary’s G-325A Form Petitioner’s G-325A Form I-130 Form G-1145 Form Documents proving petitioner’s eligibility to file at the Beijing American embassy. In order to be eligible for DFC, the petitioner must have resided in China for six months prior to filing. The document used to satisfy this criterion is a copy of your resident permit/visa. 2 passport photos for the beneficiary 2 passport photos for the petitioner Cover letter outlining the contents of your application (see example enclosed herein) Once you have prepared the following, make an appointment with American Citizen Services (ACS) with the nearest US embassy or consulate. I chose to file with the Beijing embassy even though the Shenyang consulate is closer to my home in China. This is because the Shenyang embassy would have to forward the documents to Beijing for processing. You will notice in my cover letter that I had prepared a number of documents not included above. This is because some documents I had prepared were not required at that time. You can choose whether or not to prepare these items in advance. As stated above, you will need them all at one point or another. Step Three: DS-260 (online) Approximately four to six weeks after you file with the embassy, you will receive an email from the Immigration Visa Unit of the US Consulate General in Guangzhou. This email will outline the next steps in the immigration process. The email is very detailed. As long as you follow the directions, this step will go smoothly. Briefly, the actions required in this step include: Completing the DS-260 application online. This is an online form, as such it is not included herein. Registering a document pick-up location via http://ustraveldocs.com. Note that this address is both a pick-up and drop-off location. You’ll drop off the supplemental documents requested in the email and pick-up the beneficiary’s passport and immigration packet once the visa has been issued. Prepare supplemental documentation (if required) and drop this documentation off at the address registered above. We were only required to submit a scan of my wife’s passport, a copy of the pick-up registration document (which you’ll get once you register on the website), and two passport photos. Print and save a copy of this email for future reference. You will need to take it with you on the days in which you do the medical and immigration interview. Step Four: Medical and Interview Approximately four weeks after submitting the DS-260 online and the supplemental materials via中信银行, you should receive another email from Immigration Visa Unit to schedule your medical and interview. This email includes a link to the website where you’ll schedule the interview. It’s the same website you will have used in step three. Medicals are not scheduled in advance. You simply show up and take a number. Hundreds of people do the medical exam each day. As such, it is important that you arrive early. To give you an idea of how many people do the medical each day, we were one of the first people in the door that morning and drew number 41. Medicals can be done in Beijing, Shanghai, and Guangzhou. Immigration interviews for Chinese citizens immigrating to the US are only held at the consulate general in Guangzhou. To save time and money, many people choose to travel to Guangzhou for the medical on Monday or Tuesday and schedule their interview for Wednesday or Thursday. If the medical is done early in the morning (e.g. at 7 am when they open), the results are available the same afternoon. This allows you to get everything done in one trip as opposed to doing one trip for the medical and another for the interview. The medical examination is thorough. If the beneficiary does not have records of prior immunization, then immunizations will be required. In my wife’s case, even though she had had the required immunizations as a child, the hospital at which she received the immunizations did not keep good medical records. As such, she was unable to provide evidence of immunization and required to receive the immunizations once again. The interview was also very straight forward. My wife would have been done much faster had the visa office not had so many questions regarding our financial situation and required a joint sponsor in the end. (Many of the extra questions asked concerned me returning to school in the fall and how we’d support ourselves while I pursued my Ph. D.) Some individuals are done in as little as two minutes. My wife’s took a little under ten minutes. For the medical examination, you must prepare and bring with you: Copies of the two emails sent to you by the Immigration Visa Unit (i.e. the one giving instructions for the completion of the DS-260 and the one allowing you to schedule your medical and visa interview). Copy of the visa interview confirmation page (you’ll get this once you schedule your interview). Six two-inch passport photos with a white background (the picture should be taken without glasses, if the beneficiary wears glasses). For the interview, you must prepare and bring with you: Forms: Visa appointment confirmation I-864 (completed by petitioner) DS-260 Consular Electronic Application Center - Print Application DS-260 Immigrant Visa and Alien Registration - Confirmation Page Notarizations and translations (see example of format required by the US embassy attached): Notarization/translation of beneficiary’s birth certificate Notarization/translation of beneficiary’s hukou Notarization/translation of beneficiary’s criminal background check Notarization/translation of beneficiary’s marriage certificate Notarization/translation of petitioner’s marriage certificate Notarization/translation of child(ren)’s birth certificate Proof of bona fide marriage: Photos US Consular Report of Birth Abroad for children (if applicable) (copy) Child(ren)’s passport’s biodata page (if applicable) (copy) Any other evidence which proves the legitimacy of your relationship (e.g. marriage certificates, joint apartment/housing lease, matching passport stamps for travel abroad, etc.) Financials: Petitioner’s 1040 tax returns (at least three years) Petitioner’s savings account statements Letter from petitioner’s US employer (if applicable) Beneficiary’s savings account statement Misc. financials (e.g. IRA statements, etc.) Supplemental Financials (if required): Joint-sponsorship I-864 (completed by petitioner’s relative) Joint-sponsor’s passport biodata page (copy) Joint-sponsor’s 1040 tax returns (at least three years) Copies: Beneficiary’s passport biodata page (copy) Beneficiary’s national identification card (copy) Petitioner’s passport biodata page (copy) Petitioner’s birth certificate (copy) Petitioner’s Chinese resident permits (copy) Miscellaneous: Beneficiary’s six 2-inch passport photos Beneficiary’s resume Copies of two emails sent by Immigration Visa Unit The beneficiary will be required to pay for the visa immigration interview prior to the interview. This fee is not refunded if the interview is unsuccessful. If successful, the beneficiary will submit his/her passport. It will be returned via post to the 中信银行 within 15 business days. The visa will be included in the returned passport as will be the immigration packet. This packet must remain sealed until it is handed over to the border official upon entering the United States. Altogether, the process is straightforward and painless. Hopefully the information provided above can assist you in this process. Good luck!

Grrrr.... I had a PDF which included the checklist of materials needed for the visa interview as well as the contact details for the designated hospitals in Beijing, Shanghai, and Guangzhou. I've lost it. Does anyone have a copy they could attach here and/or the phone number for the hospital in GZ which does the medicals? Thanks!

Thanks for the quick reply. A second opinion is a good idea, and one I'll seek on Monday. I do work in China. My company provides insurance, and they'll cover procedural costs, but not medicine. I've also had several bad experiences with my son. I really don't want to do anything major here, hence my search for information about returning to the States. I've been researching this all day, and it seems under the new laws that I cannot be denied insurance for a pre-existing condition. I'm still looking into this.

While this forum may be an odd place to ask this question, the Candle for Love community has been one I've been a part of for awhile now, and one I've found to be educated, open-minded, and extremely helpful. Thus I bring my issue here: I've just within the last hour been diagnosed with an issue which requires somewhat serious surgery. I'm looking into all my options right now, and one is returning to America for the operation. (I live in China.) Obviously, the biggest problem here is that I don't have health insurance. So, what are my options? Do I have any? I'd appreciate any help anyone could provide. Thanks!

I read that, too. Quite awhile ago, actually. The issue was that I received conflicting advice and believed we may be able to make due without. We'll have two months between the birth of the baby and our date of departure. This should be enough time to get everything squared away.