Returning to China

[danswayne]

Hello to the few who are still here from 3-4 years ago and the friends I have made in the last year or so also. As the topic suggests Diana and I are going to be in China a couple years raising 2 kids and doing business between America and China between diaper changes and potty training. Diana now has her green card without conditions, and we were wondering if she could apply for her citizenship while we were in China and had a place to receive mail stateside. We should have a re-entry permit before long so we are not worried about keeping the greencard. Any help and opinions would be appreciated.

[tonado]

http://www.uscis.gov/graphics/services/natz/general.htm

 

Residence and Physical Presence

 

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

 

* has been lawfully admitted for permanent residence (see preceding section);

* has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

* has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

* has resided within a state or district for at least three months

[C4Racer]

http://www.uscis.gov/graphics/services/natz/general.htm

 

Residence and Physical Presence

 

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

 

    * has been lawfully admitted for permanent residence (see preceding section);

    * has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

    * has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

    * has resided within a state or district for at least three months

211408[/snapback]

Just FYI, for those planning to go this route. Our SO's are part of a special case waiver. It is only three years for them instead of the normal five.

 

http://www.uscis.gov/graphics/services/natz/Special.htm

 

Family Members of U.S. Citizens

 

Spouses of U.S. Citizens

 

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

 

the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;

 

 

the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and

 

 

the applicant meets all other naturalization requirements.

There are also exceptions for lawful permanent residents married to U.S. citizens stationed or employed abroad. Some lawful permanent residents may not have to comply with the residence or physical presence requirements when the U.S. citizen spouse is employed by one of the following:

 

the U.S. Government (including the U.S. Armed Forces);

 

 

American research institutes recognized by the Attorney General;

 

 

recognized U.S. religious organizations;

 

 

U.S. research institutions;

 

 

an American firm engaged in the development of foreign trade and commerce of the United States; or

 

 

certain public international organizations involving the United States.

See also INA 319, INA 316

Edited May 1, 2006 by C4Racer (see edit history)

[LeeFisher3]

If you are intending to be in China on a regular basis there might be a downside to her being a USC.

 

Currently she is able to enter the country without a visa and I would imagine there are some other things available to her and her family that might not be available as a USC.

[danswayne]

If you are intending to be in China on a regular basis there might be a downside to her being a USC.

 

Currently she is able to enter the country without a visa and I would imagine there are some other things available to her and her family that might not be available as a USC.

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True but a visa to China takes minutes to get if you are there in person, and only a few days through an agency. And we only plan to be in China for a couple to 3 years. Our main goal is to be somewhere like Tennessee and visit China as often as possible for pleasure and hopefully business. Also her parents liked their visit over here when they were here for half a year and she has to be a citizen to get a greencard for them which is being planned right now.

[danswayne]

Anyone else with an idea about the original question?

[Mick]

Hey, Dan. I don't know a lot of details, but there is a residency requirement in applying for citizenship. That would be the first hurdle to conqure. Since you two are still married, the time is three years instead of five. As long as she has been in the US for the required time within the three years, she is eligible to apply.

 

The next issue would be the details of finishing up the application. With a US address, a lot could be done by mail but she needs to take the citizenship test in person. I reasonably certain of that. Also, assuming she passes (and I sure she would) she would need to present for her swearing in ceremony.

 

Once she is a US citizen, she is no longer a Chinese citizen. China does not recognize dual citizenship so she would lose all rights and benefits of being a Chinese citizen. On the other hand, she would gain all of the rights and benefits of being an American. There is a trade off, expecially if the two of you plan on settling in China down the road.

 

You are one of the first members still around who entering that filing window so you are kinda blazing new ground. The complication is your desire to live in China for a couple of years which is untypical.

 

Wish I could be more helpful, but all I can do is point out some things for you the check out. Good luck on going down that road; I don't think it will be too bumpy.

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Don, let me see if I have this correct, based on what you said above.

 

Let's use Li as an example. She has been in the States now for 38 months. Conditions will be removed in December, after 45 months in the States.

 

Does that mean she is then able to apply for citizenship if she so chooses?

 

I thought it took a bit longer than that.

[Mick]

Hey, Dan. I don't know a lot of details, but there is a residency requirement in applying for citizenship. That would be the first hurdle to conqure. Since you two are still married, the time is three years instead of five. As long as she has been in the US for the required time within the three years, she is eligible to apply.

 

The next issue would be the details of finishing up the application. With a US address, a lot could be done by mail but she needs to take the citizenship test in person. I reasonably certain of that. Also, assuming she passes (and I sure she would) she would need to present for her swearing in ceremony.

 

Once she is a US citizen, she is no longer a Chinese citizen. China does not recognize dual citizenship so she would lose all rights and benefits of being a Chinese citizen. On the other hand, she would gain all of the rights and benefits of being an American. There is a trade off, expecially if the two of you plan on settling in China down the road.

 

You are one of the first members still around who entering that filing window so you are kinda blazing new ground. The complication is your desire to live in China for a couple of years which is untypical.

 

Wish I could be more helpful, but all I can do is point out some things for you the check out. Good luck on going down that road; I don't think it will be too bumpy.

212581[/snapback]

Don, let me see if I have this correct, based on what you said above.

 

Let's use Li as an example. She has been in the States now for 38 months. Conditions will be removed in December, after 45 months in the States.

 

Does that mean she is then able to apply for citizenship if she so chooses?

 

I thought it took a bit longer than that.

213751[/snapback]

She can file for citizenship 33 months after her first green card is issued (3 month window before the three year requirement). The problem, of course, is that it took Li so stinking long to get her AOS over. She arrived her a lot sooner than Xiahong, but Xiahong can file in December of this year if she chooses. Our AOS process was about 4 months from filing to green card issue.

213776[/snapback]

Thanks Don. All in all, it seems she can file faster than I thought. And yes, you are so right. Your four month AOS was like a blink of an eye compared to what we went through down here. It took 19 months and then, on top of that, the first green card had an error. Then, there was another error. Last time we had to go to Memphis, they told us the new green card was "currently being processed" and we could expect to receive it within, get this....22 MONTHS!!!!!!!

 

Ah, the wonders and the efficiency of our government at its best.

Edited May 10, 2006 by Mick (see edit history)