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  1. Wife has a contract with an employer in China (a major U.S. company, but the Chinese branch.. IE, "Company name" China) that upon fulfilling one year of work she will be entitled to collecting a bonus which equates to the sum of about 15 thousand USD. Problem is, our timeline requires that we enter the States around mid September at the very latest. Then when she gets the green card in hand she is considering coming back to China and finishing up on the 4-5 months remaining on her current work contract... before coming to the U.S. to find me. The safe bet for her to avoid Customs determining she's abandoned her green card is to just skip out on the 15 grand and plant anchor in the States. But in terms of the bonus $$$, it'd be a shame to have to do that. Just for the record, when we were applying for the green card she didn't have her current job, this bonus thing only came out with her being promoted. So it's not that we planned bad, it's more like something good and unexpected that would be a shame to miss out on. Do you think this will entail problems with Customs at the border?
  2. We had been living in the states but moved back to China almost a year ago. During that time my wife's US green card expired. Now we have decided to move back to the US again. Is it any easier to get a green card when you have had one previously or would it be easier for her to get a 10-year visa or something and go through the process of getting another green card after we are back in the states? Thanks in advance.
  3. From my understanding if you leave America for over 6 months or 1 year(not sure) you will "abandon" your green card status. My question is what if you have a job that would require you to stay in China for a year or so? Is there any way let the government know and have them make an exception? (This is assuming you have held your green card for only a few months.) Thank you for your time.
  4. My wife is on a temporary green card. We had first arrived in the States in July of 2015, but after two months we had to go back to China for another 11 months to get things worked out. Now more problems are cropping up that may require my wife to go back to China at the beginning of 2017, probably for another 5-7 months. What options are available to keep from losing the green card?
  5. Hi, Had to make a new account because I forgot the password and in China I can't access gmail! QUESTION. My wife has an I-131. I've looked everyplace to try to answer this question but couldn't even find it on uscis. 131 is good for 2 years. If she goes back to the USA for some business she needs to attend to before that (needs to be there in October and might need to stay until December) and then comes back to China, is the 131 still good or once she comes back to the USA do we need to get another 131. She's in China now (me too) to care for her parents. Same reason why she'd come back to China again. Any help would be appreciated! THANKS!! Marc and Rosie
  6. Question about number 14. If you are a lawful permanent resident alien.... Date and place of admission for... Where are they located ?
  7. Hello, quick questions regarding I-131 (to get Travel Document) and I-751(to remove condition on green card). Both of these need biometric taken (i.e. fingerprints). 1) Do biometric have to be taken in the US? Do US embassy in China do that? 2) Do the applicants have to be in the US to file the application? Thanks!
  8. Hello every one, Does any one have the idea about how to get the permission to come back to the US? My wife and I will move back to China in the coming january of 2016 because my parents in law are 81 years old and need to be taken good care of. My wife is a green card holder and we probably won't come back to the US for over one year. We heard that we need to get my wife a permission to allow her come back to the US in the future. Our question is: 1. How to get the permission for my wife to come back to the US if we leave the country over one year? 2. Where to check the related information (web)? 3. How long normally it will take to get the permission? Thank you very much for your help! Richard
  9. I am an expat working for a US based company in our China office. I started the process of getting my wife's IR1 visa about 2 years ago, as I was unsure when I would have to move back to the US. We finally got everything complete. We had the first POE on October 2 and she got her passport stamped. We were just visiting family on that trip because I am still stationed in China. The POE was on October 2, but we returned to China on the 20th. We will be taking another trip back to the US in December for Christmas, but that will also only be temporary. Are there any additional steps that we need to take to ensure that her visa is not revoked? My job situation could change on short notice, but we are trying to stay in China for about another 18 months. We will be able to continue to travel to the US about every 6 months.
  10. My wife and I received a notice to appear for interview at our local USCIS office 9/21/2015. We'll be in China for our traditional wedding/banquet during that time so we need to postpone it. The instruction says to call the national customer service center; we called twice and received conflicting instruction: First time: agent told us to mail copy of notice and a detailed explanation for the need to postponement. The agent did not specify where to mail the letter (national center? local uscis office?) so we called back the Second time: The agent told us to follow the notice's instruction, which was to call the national customer service center. She then told us since there's no specific instruction, she will put in a request to the powers to be which will take 15 to 30 business days for a decision. Does anyone know what's the right thing to do? Thanks! John
  11. The traveler arrived in the US Aug 2012, admitted as a Lawful Permanent Resident (LPR) and then the LPR departed the US with a 10 year Green Card (GC) Oct 2012 without a re-entry permit. Upon re-entry attempt Sept 2015 at POE the 1st Immigration Officer pulled the GC and sent the traveler for secondary Inspection. This process ultimately took over 3 hours. This was due mostly to a lot of people already in the room. A long and difficult Interview ended with the issuance of an I-193 'Application for Waiver of Passport AND/OR Visa' issued under Section 211(b), a Fee of $585 and the return of the Green Card. The Passport now has an I-193 stamp with 3 years notation. This POE secondary Interview required 'proving' that the long time away outside the US was unavoidable, unplanned and outside the traveler's control. It also required the $585 fee. Cheaper than multiple re-entry permits and multiple round trip flights. However, this re-entry method includes two big risks- 1. Immigration denies re-entry. 2. Immigration initiates removal proceedings. And, it was easier than a full SB-1 application process. From the SB-1 page- "If you are an LPR unable to return to the United States within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa. An SB-1 applicant is required to establish eligibility for an immigrant visa and have a medical examination. Therefore, this involves paying both visa processing fees and medical fees."
  12. Hi folks, Now that I have my wife in the States, we want to start the process for her son, my step-son, who was 20 when we got married, but over 21 by the time she got her CR-1 visa. I now have the following questions: 1. Is there any information we need to send with the I-130 application, other than the hefty check of $420? 2. About when will they request any other information, if not sent with the application? 3. Any ideas about what the current wait times are for a person to get through the que? (In other words, about how much time may it take for my step-son to get to the States? We heard it is about seven years.) 4. I will be out of the States for the next nine months, almost immediately following the I-130 submission. Would there possibly be anything too complicated for me to do over the phone with my father for getting documents to USCIS? Anything that might require a signature?
  13. Hi, Got the I-797 that they received and forwarded the I-131 Re-Entry Permit to Nebraska Service Center for processing. Just wondering if anyone has had any experience in getting the biometrics expedited. When you call USCIS they just read you what it says on their sheet (and that I can read myself), but just wondering if and how we could get this expedited. Daughter has to leave at the latest early August (first week) to go back to China to get ready for the start of school in Hangzhou September 6th. She has to get set up in Hangzhou which requires finding an apartment and everything else that moving to a new city entails. Would the InfoPass option help? And can we even set an InfoPass appointment before we've been given a date on when USCIS says we are scheduled to have the biometrics. I understand we can do a walk-in but as I understand this it can only be after an initial biometrics appointment date has been given to us. Any help would be greatly appreciated! Have a great day! Rosie and Marc
  14. Wife's daughter is back in the states now. We are waiting on the acceptance letter from the university that she will be going to in Hangzhou to include this with the 131. Can the 131 be expedited? I read a couple places where advance parole can but not a re-entry permit. Also, as soon as this is approved and we hear of this (797?) can we do a walk in for the biometrics or do we have to wait until they say we can do the biometrics and then do a walk in so it can be sooner than having to wait until it's scheduled. Also, worst case scenario, they don't give us the bio approval before the daughter has to go back to China can she take it at a consulate? Have no idea why they make it so difficult. Should be able to go to the local police department take them and have them sent to USCIS. Thanks!
  15. Hi! Hope all of you are doing well. Haven't been in here for some time because everything seemed to be going smoothly. Now I have a question though about the I-131. My wife's parents are 87 and 79 years old. Have some significant health issues and her Mom is in and out of the hospital it seems each week. Her Dad has issues with walking and has had a few small strokes. They have lived with my wife in her home for the past 12 years. As you all know, caring for your parents is one of the most important parts of Chinese culture and my wife wants to be there with them to help care for them as much as she can. Is it possible for her to get the I-131 for this purpose? Also, my wife's daughter just got her green card (yeah!) but she has been offered an opportunity to attend one of the premier universities in Hangzhou (in September of this year) for the opportunity to study in a field that only allows a few students each year to attend. Very prestigious. So we were looking to go the I-131 route with her also as this has a 2 year curriculum. I looked at the I-131 and it really doesn't suggest needing anything specific as far as why you want the I-131. Will they need letters from the university or hospital to prove the reason for asking for the I-131? How long of a process is the I-131? Any help would be greatly appreciated! Thanks!! and have a great day!!! Rosie and Marc
  16. My wife and I are petitioning for her parents from China to adjust status. They came here on a visitor’s visa and we decided to file I-130 and I-485 simultaneously prior to overstaying the visa. Regarding the I-485, application for adjustment of status, we recently received a RFE: You have submitted a family census register, family relation register or a notarial certificate. However, the evidence you submitted does not contain the applicant's name. You must submit a family census register, family relation register or a notarial certificate that contains the applicant's name. Title 8 Code of Federal Regulations, Section 103.2(b)(2)(ii) states: Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist and indicate whether similar records for the time and place are available. It must contain the following: A legible seal A legible stamp A signature with a title containing the words: secretary, registrar or births and deaths Prior to submitting the application, we knew there would be a possible issue. My parents in law have no birth certificate, as at that time the Chinese government did not issue them. Long story short, to obtain this document, my parents in law must travel to China to obtain it in person. The catch 22 is that if they travel outside of the country now, the I-485 petition will be considered abandon. Any advice? I plan to call the USCIS customer service line tomorrow to ask some specific questions, however my experience has been this is useless. We made every attempt to obtain the required certificate from the China office before sending the petition. We wrote, signed and notarized several different letters as requested by the China notarial office. Each time we submitted a document to the china notarial office, they requested a more outlandish document instead, saying the letter they requested previously was insufficient. Finally, we submitted with the I-485 all of the letters we had made attempting to obtain the certificate from the china office, along with an explanation of why we could not obtain it, and their Chinese Family Registration Book (and of course a translation of it). Again, catch 22. We can't get the document without appearing in China in person to get it, and we can't leave the US until the request for advance parole is approved or forfeiting the I-485 petition. The last requested document from the china notarial office was a request for notarized letters from the Chinese embassy here in the US, stating that her parents are in the US and request the notarial certificate. The nearest embassy is in Chicago, 500+ miles away. As a family of 6 with a 19 month old and a 3 month old, that is a difficult request. Based on the 3 previous attempts to provide letters, they would then request a more outlandish document to provide the requested certificate. None the less, we will attempt to contact the embassy to see if they could even provide such a document. Frustrated and turning in circles with both governments.
  17. Does my wife w/10 year green card need to file any paper work if she's going to be outside the USA for say 6 to 9 months?
  18. Ok, Yuan now decides that yes it would be a good idea to go back to the states since she has been away for 8 months now and I have been away for 5 months. Actually she wants to look at some houses that we have seen online and go to the bank to get pre approved for a home loan. But hey if it gets me a no argument trip back to the states I am all for it. I can the water/electric bill put in her name to help with ROC and get her a credit card in her name while we are back in the states. We would of done the bills in her name sooner but her GC arrived the day before we left to move her overseas. I know we have to shlep to her home town for the DA*M STUPID BLEEPing BLEEP cannot process anything except in home town BLEEP BEEPITY BLEEP HOKU crap to get the baby her exit visa. Sorry, about all the bleeps, but getting to her home town in a pain in the arse 25 hours by direct train, or airplane then train. Of course my wife says the plane is to expensive and we should take the cheaper train. Maybe I can talk her into flying to GUZ to visit her brother then take the 4 hour train to her town. My question is this. We plan on staying 2 weeks then heading back to finish my work contract. Once Emily arrives in the US with her passport stamped with the exit from China and the entrance to the US . We can then send for her Chinese visa to return with us correct? Yuan's travel permit will still be valid so that will help us by not filing for the SB-1 Visa. Once we return to china we will be moving back to the states within 5 months so we should not have any hassles in returning at the POE.
  19. Here is our problem. Yuan Received her GC late last year, for advancement at work I took an overseas work opportunity. We applied for a reentry permit and she was issued a 1 year permit. Now work wants to extend my stay until next April making Yuan's stay overseas for 14 months. With the newborn baby we do not want for her to be in the USA while I live in China for the last 2 months of my contract. I suppose we could turn in her GC and I could file in country as soon as my 6 months living in China date comes up. But it would be strange to turn in her GC in august and refile for a spousal visa in November? I did a search and did not see any other similar postings on the site. We do have to go to the Shanghai Consulate for a COBA, passport and SS card for Emily. I could ask there, but they do not deal with this type of case. If there are no ideas from the forum I will give Mark Ellis a call and see what he suggests.
  20. Well, Yuan's reentry permit arrived while I was away on a business trip. It was approved but only good for 1 year. I guess I will just have to get the new factory up and running in record time. So we can be back in the states before it expires. I assume this is because she was only in the states for 8 months when we applied for the permit.
  21. Hi all, My wife and I will be moving to China this summer for the long haul--I can make a better living there than I can here (I'm an ESL teacher.) I lived in China for over ten years, and did DCF from there, so I sort of know the lay of the land. My wife has a ten-year GC, we will get the re-entry permit which gives us two years' window, but not sure what happens after that. We are looking at 5-7 years back in China for the kid(s) to get through elementary school. So, here's my question, and I know this is a long way out: after the two years are up, are there ANY ways to keep my wife's GC, or will our only option be to give it up and try to get her a tourist visa to come back to the States to visit family? We will not be able to swing six month or even yearly visits, I'm afraid. If we DO give up the GC, how "difficult" is it to get her a tourist visa and then eventually another GC down the line? (I know that is a very specific question, with few if any here having gone through that.) Any thoughts are appreciated! I'm sure it will all get sorted out in due course. Cheers, Aaron Ps...feel free to move this if it is more relevant in another area of the forum.
  22. Well the fourth Infoapss appointment was the charm, we found out that the CSC never scanned her paperwork into the system. So when it arrived at Buffalo they were able to process the forms up to a certain point but not finish the process. The officer said after the last appointment he just had to click 2 buttons and she would of been finished. But alas that is not my luck. So now they have to send the entire packet with his approval information by mail so it can be scanned so they can generate the paperwork to print her actual GC. They did stamp her passport for us so we can apply for her reentry permit. I just hope they will accept the copy of her passport with the stamp in it instead of the actual GC. Ohh more great news. Just received information that they transferred her paperwork to another office for processing. But the status still shows initial review. I have a bad feeling about the reentry permit application. I am so glad I have no hair on my head to pull out at this point.
  23. We received the AP approval yesterday. Received what looks to be two identical copies for some reason. Guess I can carry one around and keep one in her file at home with the rest of our documents. There is a large section of warnings though and remembering how hard it was to get out of China it would seem travel back there would be a bad idea. I would hope border guards in the US and customs would recognize the document and let her back into the US to continue AOS, but I doubt Chinese guards would let her out of China on an expired US visa and this document, since I doubt they even read English. Anybody have experience traveling back to China on AP? How does it work with someone with a 2 year green card?
  24. Has anyone recently filed for a I-131 after you have received the Conditional 2 year GC? When we had Biometrics done today the posting on the wall said that the I-131 requires Biometrics. if she just had Biometrics done for the GC and EAD will Yuan have to have another round of them for the 2 year I-131? It would be really great if we could just have the I-131 delivered to either the India or Chinese Consulate. It would save the trouble of a 30+ hour flight back to Buffalo for 15 minutes of paperwork. Thank-you in advance for your help.
  25. Afternoon everyone, Yuan And filed for her AOS, EAD and AP at the same time. Her Biometrics appointment is on Aug 1, 3 weeks from mailing date. My question is, the Appointment letter has the I485 and I765 application Numbers on it. But does not list the I-131. Is this going to be a problem? The I-131 is the most important part of the process for us to get completed ASAP. Thanks for your time.
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