bill23

Glad it is not just me causing great harm to the family

Correct, China does not recognize dual-citizenship. Also technically the USA does not recognize it either, and part of the oath ceramony to become a US Citizen is to renounce foreign citizenship, which China recognizes. Other things. To travel to China using US passport requires visa, and for a person born in China which the US passport indicates the visa applicant needs to send Chinese passport along with US passport to get it invalidated. To renew Chinese passport in the USA requires showing green-card which is a problem for a US Citizen, the green-card is turned in at the oath ceramony. To travel to China on Chinese passport and US passport would require green-card or a US visa to exit China, nether would be avaliable to a US Citizen, and being in China with a US passport without a Chinese visa or entry stamp would be a problem. Some have tried a game where enter China via Hong-Kong, arrive in HK on US passport, secure US passport there, and enter China via HK, then return through HK using a travel doc and reaquire US passport for travel back to the USA, this may be questioned if the HK travel doc is for a set period of time as well as entry to China may need to show a travel doc as to how entered HK in the first place, and returning on future trips may be questioned. So no matter what you do you are either a US Citizen or a Chinese Citizen, not both. That is kind of confusing but she will select the US Cititzenship for sure. We have an Austistic son here so she needs to be a Citizen. The In-laws are finally visiting us this year as well. Oh Boy, it should be interesting. I sure appreciate all the help and knowlege both you and Chilton brought here.

Nope. 5 years residency if filing for Naturalization. OR 3 years residency if filling based on marriage to same US Citizen for the entire period of residency. My wife filed for citizenship at 4 years of residency, she waited 1 year to decide. http://www.uscis.gov.../PDFs/M-480.pdf (Go to the worksheet and work your way through the true/false flow chart to determine if able to naturalize.) I am very surprised my wife hasn't brought that to my attention. To be honest, I don't really follow all the options of what we can do and don't concerning these type of issues. So, if I can get her cititzenship I also assume that means she no longer has the option of being a Chinese citizen as well?

She has a greencard and all that. Doesn't she have to be here for like ten years before she can be a Citizen?

Houston is the Chinese Consulate having jurisdiction over where you live, so you will have to go to that consulate, pain because Washington DC is closer for you. Also cannot renew by mail or use a visa travel agency for this, it has to be done in person. Sometimes Houston reps visit other cities to handle these things, (Miami, and Memphis) a couple times. http://houston.china...g/vp/t53292.htm For us we took and easier approach to renew passport, Wife traveled to China a month or so before it expired, and renewed it in her home town over there before returning back to the USA. But in our case our Chinese Consulate is in NYC about a 6 hour train ride from home. And most recently we have moved beyond this, the wife natrualized and has a new US Passport being processed. Thanks. I guess she was right. First time ever just about.

My Chinese wife's passport has expired. We live in Atlanta and she seems to think we have to travel to Houston to fix this. Is that correct? Surely there is an easier answer.

I am getting a figure of about $3000 a year for college. And yes, they are from Beiliu. It is so good to hear from you David. My wife is becoming more open to the idea of a fixed amount but she just feels bad asking for any money.

My wife had a job in China and helped her family financially because they put her through college. Thank you for your input.

i guess I should also clarify that I don't care if I send more than needed for a particular year, but I would like to send a particular amount each year and they can bank it and use it at a later time when an issue arises.

For those who would like to share! How much cash do you send to China each year to help? I try to help because my wife's brother is starting college. The only problem that I have is that I seem to have no time plan. It really puts the wife in a difficult position because I get miffed because they let her know only days before they need it. If I know, i can budget in advance. I am currently trying to come up with a fixed amount to spend each year and they can budget just like I have to do. Especially in these times. Am I being unreasonable?

Amanda, Thanks. I did not take anything that you said personally. I just feel like I have tried hard to resolve many of the issues. It takes more than one person. Believe me in that I have many faults. Taking care of my family is not one of them.

Bill, you know your relationship, and you obviously seem to have good reason to think there is an outside chance that she may not return with your son. I know you didnt ask for relationship advice, but rather what appears to be closer to legal advice, and I am not sure there is an answer. It is my guess that once she and your child are in China, I doubt the US would have any power or jurisidiction about your child. That leaves the Chinese gov't, and whether they will help or not would be a crapshoot.....my guess would be that you'd be SOL. Based on that, if it were me, I would be doing some research in advance with an immigration and/or family attorney (or both) before she leaves for China. Since your child is a USC, I would also call to the US Consular General or an Embassy official in China to see if they could yield some directions. I doubt it, but a call wouldn't hurt. All in all, I do hope she returns so you don't have to deal with that worst case scenario. But again, try and do some legal research now before she leaves. Good luck.... Thank You, I will do that. I really do believe that she will come back and that she loves me. Like I said, our life is far from perfect. She really thought coming here would things would come much easier. Her taking the time and effort to master English would help her so much. It is not as easy now with taking care of a baby, and that is why I really encouraged her during her pregnancy. And the English is better but she needs to stay with it. She just need more confidence. I want everyone to know that she is a great person. I respect her. She wants most of the same things that I want but she has to learn that it all takes work. Now she is unhappy with her weight and is concerned of what people in China will say to her. But she won't lay off the fatty foods.

Amanda, I understand my wife pretty well. I have to admit that under any circumstance I believe you would support a Chinese woman over an American man. It is in your words that I say this. I certainly know the difficulty in taking care of a small child. I don't know why you would assume that I haven't had the privelege to do that as well. I also clean house, shop, and cook a good bit too. Under any circumstance, I will be sending my son and wife over to China for at least a couple of months over the Chinese New Year. I also aim to visit if possible but I have to work all of January and February. Saying bad things over the internet is really not what I wanted here. I just want others experiences and legal issue since my son is an American citizen.

It sounds like that your son is more important than your wife in your mind.Your son needs love both from you and your wife if you have good marriage together. It comes into my mind that you want to get ready to divorce not her ...Please take care of your wife especially when she is taking care of your son everyday. It is really hard work to look after a little child. Please understand your wife...She is tired and sleepy everyday... Amanda, My wife is very important. I guess you are not understanding. I do know how difficult it is to take care of a child. I also want her to be able to take care of herself. I care enough about us all to want her to be self sufficient. My job keeps me gone from 7 in the morning until 7 in the evening. It also afford us a good living financially to where we don't have to worry about food and unexpected expenses. I want her to learn English so she can speak it to our son. I want her to be able to drive a car better so she can shop and drive our son to the doctor. It is hard for me to do my job and drive everyone everywhere. She needs to have the same freedoms as every other American. Sometimes she won't try and it is frustrating for BOTH of us. That is why I could see her staying in China. I want her to motivate herself because when I express this to her it is like criticism. But I can't continue to do all of this.

You are actually making a really good point. I am not so much worried about her leaving me than I am not seeing my son again. I really really did not want to spill too much here. My wife is not stepping up to the plate a whole lot. I expected her to have the motivation that she had in China. To have a career, take care of herself, and have freedom. Even though this is not the case, she is still great in a lot of ways. And a great mother to our child. But she knows most of this too. And would easily stay in China because she knows these issues.

I really don't think my wife is thinking about my money and how much child support and alimony she can get. I am really tight and I do like to save my money. She understands this and knows that i have done things for her family financially. I have done it not for her but because I care about her family. She also knows I work hard and have dreams. We don't have fancy clothes and cars but we eat very well. I know enough about Chinese culture to know she appreciates this.

First of all I want to thank everyone for their advice. I am not getting the answer I want but I guess only an attorney can do that. I want everyone to know that I want my son to visit his Grandmother and Grandfather very much. And the whole family and friends. Keeping my son here for this is not an option. I am not saying my wife is a liar, bad person, or anything of the sort. Our marriage is not ideal but we respect each other immensely. On a few occasions I have made her angry and the things that she has said is very childish and horrible. It would make the hair on your neck stand up. As I understand it, others that know her know of this side to her. I don't want to make her into a bad person but there are some major issues. I want her to have independance but she does not take initiative. I cannot say that we will be married forever and that is ok. She cannot take care of herself in the USA right now and I am committed for her to do that. And if things work out that will help me as well. I trust her and I trust that she wants well for me. She has a strong family unit in China, and here she relies on me for A LOT. She knows and feels that she can be a burden. No matter how I act. And as someone mentioned earlier, staying home and taking care of the baby has slowed down the progression. I am fine with it because it is the most important job in the world. I believe she will come back but even the thought that I never see my son, is a unbearable thought. I want my wife to be happy but our son should live and learn here. Don't read too much into my reasonings, it is just due diligence.

I understand some of this. But lets be a little more specific. Let's assume she decides that she wants to keep our son and stay in China. Our son is an American citizen and only has a Visa for three months. Will the American and Chinese government assist me? I think I have to sign something stating it is ok for Neely to take him to visit his grandparents. Will it state something more than this, this document. I am doing due diligence as best I can here. I just want to learn the facts just in case. My marriage is far from perfect but we try together as best we can.

Ha Ha. She desparately wants to learn to cook. That is a good idea. She does much better with it but she still likes my cooking more. The girl loves to eat more than anyone that I have ever seen. And American food that she hated, now she wants me to make. She even loves cheese now which was big time taboo.

give her the farm in confidence... its not uncommon for an extended stay. maybe she can go over by herself than when the 3 months is up you make the puddle jump and have a little vaction for yourself and bring your family home. Not a bad idea but do you know the answer to my question? If a worse case scenario happened, I would need a lot of help. Why do you think a worse case? I believe you should talk to your wife in a very open way. Say all of your concern and your love for her. and then see her response. Only you can judge your relationship with her. If you trust her she will trust you! Good luck. Amanda Amanda, I have reason to believe that I can both trust her and not trust her. For the most part I do trust her. I do not have a desire to quote specific examples of things in our lives that would make me ask this question. I do want her and my son to visit China and see her family even though the outcome could be bad. I have talked to her very openly. But unfortunately, you cannot take things back that you have said previously, even if you apologize for it. Quite frankly, she thinks our child is hers and not so much mine. Is that a cultural difference? She is the one who stays home and takes care of him. And I respect that. She has not adapted to America as well as I would have liked. The Chinese always know best. But in my opinion, that is not always the case. This has nothing to do with trust and everything to do with the worst case scenario legal issue in the small chance should it happen.

give her the farm in confidence... its not uncommon for an extended stay. maybe she can go over by herself than when the 3 months is up you make the puddle jump and have a little vaction for yourself and bring your family home. Not a bad idea but do you know the answer to my question? If a worse case scenario happened, I would need a lot of help.

Wow! It has been a while since I have posted here. I am hoping someone can give me a little advice here. I am sure almost nobody remembers me here. My wife and I married in October 06. Things have been far from perfect but ok. We enrolled her in school for a while but she really didn't give the kind of effort. Her english is better and we can communicate. Anyhow the question. We had a son, both our first, in December 2007. And he is great. Neely has not been back to China since coming here and of course she wants to go. I want her to go as well. I guess I am a little concerned that she wants to stay for 3 months. She thinks it is a short time. I can't imagine not seeing my son for that long but understand it will have been two years since she has seen her family. Is this reasonable? And, do I have protections if she decides that she wants to keep our son in China. I know his VISA will only be that long but would the China or American government find him and send him back if she somehow did not want to come back?

Thanks Guys. Neely got her Work Card yesterday and she applied for the SS# today. She is supposed to have it in two weeks. From what I have learned through all my troubles with the government, I feel like I will have less headaches by waiting to get the number. It has been a nightmare so far.

I think it is saying I can send this request attached to the tax return and they will process it. And I should not have to file and extension.

I read the articles on Form W-7 but I hope someone can clarify this so I can feel better. My wife, Neely and I, are married but she does not yet have her SS #. I have done my return and file married filing jointly but I cannot efile because I can't provide the number. As I read it, I have the impression that I can send the W-7 attached to the return and they will process it. Is this correct?