Returning to China

[danswayne]

Diana and I are thinking of returning to China for a few years to do some work there and be with some of her family. We know she can not stay outside of America for more than a year without a Travel Document. The question is though if we are in America for a few weeks a year for say a 6 year time period, are there any conditions we should worry about? The letter of the law seems to state that she can not be gone for more than one year at a time. Is there anything else we should know about though?

 

Any help would be greatly appreciated.

[LeeFisher3]

This is something to be very careful with, they look at time spent in the US and if it appears not to be a residence they can pull the green card.

[david_dawei]

See the pinned topic:

 

Green Card Issues:

http://candleforlove.com/forums/index.php?showtopic=12015

[lele]

She can stay in china for as long as she wants, so long as she is a Chinese Citizen. If she is a Chinese Citizen, it will be EASY for you to stay there with her too.

 

The only issue is that she will loose her Permenant Resident Status if she stays more than a year, without returning.

 

However, since you are already married, and have been so for more than 2 years, and since she will still have her paperwork in order, you could always reapply for her to gain admission via a i-130 in the future.

 

And if you applied in Europe this time, it would be much faster!

 

The fact is, I know people who stay only 1 day a year and have no problem...but there are others who have large problems.

 

I think, if your heart is there, do not worry about the legalese...you can always reapply if worse comes to worse, and if not, then no harm is done!