A timing dilemma:

[griz326]

From the beginning my gal has told me that she wants to get her Chinese retirement before permanently moving to the USA. Because I've always wanted to live in China and teach English for a few years, I never considered this a problem. In fact, her retirement money could help her brothers care for her aging parents.

 

However, something happened that made my gal think that her boss will no longer allow her to spend as much time in the USA as she initially believed he would permit.

 

Of course, this screws up completing the AOS before she must return to China to put in her final time to retirement. We still do not know how much of a leave of absence he will grant her. I need to be thinking of solutions; not frettin' and stewin' like I am now.

 

AOS takes about 4-5 months from the date of filing, correct? If we married a day or two after she arrives, she could have her temporary green card how soon? Best case...worst case? Maybe that way we can beat the clock?

 

The original plan was to bring her daughter here too, get her into school and then go get that retirement. If my gal has to leave before AOS, her daughter must leave too. Correct?

 

I am hoping that we can avoid an either/or choice. I want her to get her 30 year retirement and I do not want to go through this immigration thing again if it can be avoided.

[Randy W]

4-5 months to 2-3 years. AP is available (included in the AOS fee) for travel during this time.

 

No, her daughter does not have to travel with her mother at any time.

 

Just as a possibility to consider, I'll mention that it might possibly simplify your plans to get married now and go CR-1/2. This would avoid AOS completely. If she enters the US more than 2 years after the marriage, she would get a 10 year card and not have to file to remove conditions.

 

If you want to get her daughter into a US school, you can file the I-130 for her to come to the US even before her mother.

 

Just some possibilities. If you don't mind some up-front time in China, they might be worth considering.

[griz326]

One of my reasons for wanting to do the immigration thing before moving to China was concern that without a job I might not meet the financial requirements to sponsor my gal & her daughter when we return to the USA. ...looking at the worst case scenario...

[Randy W]

You didn't say how much time she needs in China.

 

But, by going CR-1, you would still have the choice of living in the US or China. She would be able to stay in China as long as she needs. By filing the I-130 about 1 year before this time, she could then come to the US shortly afterwards.

 

If you got married NOW, you could file the I-130 for your daughter separately so she could come within a year (assuming she's 18 or younger).

 

Just options here - whatever works for you, I'm all in favor of.

 

Also, with the CR-1, she could travel to China as needed.

Edited April 19, 2008 by Randy W (see edit history)

[Randy W]

One more option, griz, whether you're interested or not -

 

Go ahead and use the K-1 - bring her here once, get married, and then file the I-130 instead of the I-485. She would have to leave before the 90 days were up (before the K-1 expires), and wait for the CR-1

 

You could even bring her daughter here on the K-2 and file the I-485 or I-130 and I-485 simultaneously for her.

 

What the CR-1 would do is to basically avoid the AOS uncertainty, since it would occur in China. The downside is that you would be restarting the whole immigration process, but if she needs that time in China anyway . . .

[Guest Rob & Jin]

Just something to remember even if she gets a green card if she spends more than 6 months out of the country in 1 year she will lose it.

 

Remember its called legal permanent resident , not here for a bit card

[Randy W]

Just something to remember even if she gets a green card if she spends more than 6 months out of the country in 1 year she will lose it.

 

Remember its called legal permanent resident , not here for a bit card

 

 

Not quite correct - the absences MAY be considered in a possible green card revocation. But if she's staying in China to work, it may very well work against her.

 

Think about it Griz. The CR-1 may make sense.

[Guest Rob & Jin]

You may be found to have abandoned your permanent resident status if you:

 

 

Move to another country intending to live there permanently.

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year. Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a ¡°nonimmigrant¡± on your tax returns.

[griz326]

At least now I know what I can read up on... we are so close and then this little twist..................

 

Thanks...I'll start reading on the CR1...

[Guest Rob & Jin]

I think the point to remember is that these are family immigration visas, the intent being she is supposed to move and live here. Meaning she is going to need to quit her job in china sometime, so why not just before getting her k-1 visa, why does her job in china matter so much ?

[Randy W]

You may be found to have abandoned your permanent resident status if you:

 

 

 

Rumors catch a life of their own when they're almost true, and have a "law" to almost back them up.

 

Now, I doubt that we know anything about the process of revoking a green card, since I don't think we've heard of it happening.

Edited April 19, 2008 by Randy W (see edit history)

[IllinoisDave]

why does her job in china matter so much ?

As he said in his OP, she wants to get her retirement money.

[Guest Rob & Jin]

Dont shoot the messenger - Randy

 

Ok Dave - retirement money, the question is then how much more time does she need to spend in china- as a resident there to get it ?

 

If longer than 6 months or a year, Griz says he wants to live there and teach, so therefore they could do DCF, pretty darn quick, high success rate, whats the need for the K-1 ? Just a thought.

[Randy W]

Dont shoot the messenger - Randy

 

Ok Dave - retirement money, the question is then how much more time does she need to spend in china- as a resident there to get it ?

 

If longer than 6 months or a year, Griz says he wants to live there and teach, so therefore they could do DCF, pretty darn quick, high success rate, whats the need for the K-1 ? Just a thought.

It was square aimed at the rumor, guy

 

Like I said, these things tend to have a life of their own

[griz326]

...she is going to need to quit her job in china sometime, so why not just before getting her k-1 visa, why does her job in china matter so much?

 

I guess you are too young and far away from retirement to appreciate her perspective. Her retirement provides her:

 

* a solid sense of security as she takes a huge life gamble

* a way to provide for her aging parents

* a way to provide for her daughter if her daughter wants to return to China

 

Ask any US government employee within spittin' distance of their retirement what it would take for them to give up their retirement. I'd bet most of them could not even be swayed by death threats.

 

In June she will be within 18 months of retirement from her government employment.

 

I am twice divorced. With my marital track record it would be incredibly wrong of me to deny her that 30 year retirement package in the name of "love." No matter how good our intentions - the stats say 50% of all marriages end in divorce.