Re-entry permit and maintaining Green Card while in China

[levon]

Hi,

 

Wow, this is site is a truly incredible resource and a wonderful community. I spent hours searching the internet and was extremely confused until I found this site. Unfortunately, I'm still confused about something, and I'm wondering if folks here can help.

 

Here's the short version of our story:

 

My wife applied for a CR-1 visa and was accepted, but I was just recently promoted at my job in China and now it looks like we'll be staying here for my work for the next couple of years. We're wondering how we can get her green card and keep it so we don't have to go through this whole (long and expensive) process again in a couple of years.

 

Here's the longer version:

 

My wife and I have been together since 2000 (we met when I was a student), I've been living in China since 2002, and we were married in North Carolina in 2005. We applied for and received her IR-1 visa in late December 2008. Since I've been living in China for so long, we applied on the basis that I intended to re-establish domicile in the US.

 

Unfortunately (or fortunately?), I've recently been promoted at my job, and it looks like it makes sense for us to stay in Beijing for the next couple of years.

 

My big question is, "Is it possible for us to get her green card and stay in China for the next few years?"

 

We plan to go to the US in either February or March, and my understanding is that once we enter the US her visa will be stamped and become a 1-year residence permit. Shortly afterwards, we should receive her green card at my parents' address (where we will be staying).

 

After receiving the green card, I think we'll probably apply for a "re-entry permit" using form I-131, and then return to China. We will almost certainly return every year, and we plan to move our permanent residence to the US within the next few years.

 

Here are my little questions:

 

1. Do we need to enter the US using a one-way ticket?

2. How long does it usually take to get the green card?

3. How long does the re-entry permit process take? Do we need to start (and/or finish) it before we leave the US? How long should we plan on needing to stay in the US before returning to China?

4. Are there things we should do to establish domicile in the US (or at least maintain evidence of our intent to do so)? For instance, apply for a SSN, get a driver's license, buy a house(!).

5. Is there anything else we should be aware of?

 

(Hmm... Maybe all of these are big questions...)

 

Thanks in advance for any help and advice any of you can provide. I'll definitely share our experience of how this goes, and am happy to answer any questions that might be helpful to others regarding the process we've gone through so far.

 

Thanks!

Edited January 10, 2009 by levon (see edit history)

[Sebastian]

I don't think you'll need to file the I-131, as her green card will show up within a month of her arriving in USA, and once she has that, she can transit at will, with her chinese passport.

 

But - is good that you are both coming to the usa and soon.

The bad part is that A CR-1 has some 'usa in-country duration' guidelines, so maybe you WiLL need to get a re-entry permit - if not for the first time she returns (after recv green card) then certainly for the 2nd one.

 

Now, she can GET the green card, AND live in China for the next few years, but maintaining her legal permanent residence status in the usa might be some big trouble. At this point, ya gotta think, which is better? to live with her in china, or to have some small hassle once you rotate out back to the usa? Personally, I vote for living with her in China.

 

for yer Q1 - mmmmm no..

 

If yer still in BeiJing, I highly recommend going to the US Embassy there, set up an appointment for American Citizen Services or American Citizen Hour, and ask a consular officer directly .

Edited January 10, 2009 by Darnell (see edit history)

[Guest jin979]

i beleive once you have GC you are supposed to live most of the time in the usa. if you intend to stay in china for years with just short visits to usa, she may lose it or be refused entry.

re-entry paper needs to be done if stay outside of usa is greater than time in usa. but to to get it year after year i dont know.

my understanding is LPR means you live here, others will know better.

[credzba]

What you plan will work fine.

 

First, since you have been married over 2 years, your visa will work like this:

 

1) you must travel at least once to america within 6 months of receiving your visa permit for I-130. It is only when you enter america and hand them that packet of papers from the embassy that they beginnnn processing your green card.

You can use a round trip ticket. You don't have to even stay a single day if you dont wish.

 

2) upon entry to america, the stamp placed in her passport allows immediate ability to re-enter america as many times as she wants for 1 year. No travel permission needed.

 

3) because you have been married over 2 years, her green card will be a 10 year green card. It should arrive at your address in america within 2 or 3 weeks of your arrival in america.

 

4) you don't have to live in america for all the time your greencard is valid. The only concern is when you want to renew the green card (10 years from now) if you have spent less than 50% of your time in america, they might not renew the green card.

For you this isn't a big deal. So long as you come to america to live in the next few years, the 10 year renewal will be no problem.

 

so... just follow the process, get the 10 year green card, then pursue your life as you want.

Edited January 10, 2009 by credzba (see edit history)

[Jeikun]

 

4) you don't have to live in america for all the time your greencard is valid. The only concern is when you want to renew the green card (10 years from now) if you have spent less than 50% of your time in america, they might not renew the green card.

For you this isn't a big deal. So long as you come to america to live in the next few years, the 10 year renewal will be no problem.

 

so... just follow the process, get the 10 year green card, then pursue your life as you want.

 

 

This is incorrect. She absolutely cannot remain outside of the USA for more than 1 year with just a green card. And it is pushing it to be out for more than 6 months. Jun was out of the US for 10 months on a 10 year greencard, and they told her they would let her slide that one time, but anytime over 6 months again and her card would be gone.

 

Also it is largely subjective. If the agent "feels" with only the most minor proof that your trip to China constituted taking up domicile there, the GC can be revoked. This includes playing the "6-month game" of coming for a short visit every 6 months.

 

The re-entry permit you can apply for, is the only way to get to stay out of the USA for up to 2 years. But once given, you can't apply again until you have returned to the USA for at least 6 months. And in the application they ask for exact amounts of time you have been in-country and how often/long you have been out, and can turn it down if they feel it is illegitimate.

 

No harm in trying I guess, but be ready to have to file again when you decide to move stateside again, just in case.

[amerchin]

You have to tell USCIS of your situation. Don't just get the GC and continue to work in China and not worry about it. If you don't reside in the U.S. for the majority of the time you will be questioned down the road on the renewal of the GC or citizenship application interview. Not doing anything to them means abandonment of your GC status meaning you don't want to be here in the U.S. Talk to USCIS and inform them of your job situation. Then fill out any necessary forms which will stay in your file folder at USCIS explaining why she didn't reside in the U.S. for the majority of the year.

[NY-Viking]

you need to apply for a Re-entry permit. We're in a similar situation and was given that instruction when we entered the US not that long ago.

 

Continuous requests to renew Re-entry permits are generally frowned upon, but there is an exception for the residency requirement for citizenship (not for maintaining a green card) if the spouse of the greencard holder is a us citizen that is working overseas either for the us government or for a us business. So, if your wife is interested in US citizenship, you wouldn't have to worry about more the Re-Entry permits for long.

 

This used to be a non-issue, but with heightened security and better technology, they seem to be checking up on it more lately.

[levon]

First of all, thanks so much for all the replies!

 

I wanted to provide an update on our situation, and hopefully get some more feedback from folks here.

 

We arrived in the US on Friday, and had no trouble getting through immigration, even though we told them that this was just an exploratory trip, and that we will be heading back to China on April 18th.

 

Our original plan had been to return to China on the 18th and then come back to the US within a year. We now have plans to have a child, though, and my wife prefers to give birth in China where her mother could take care of her. Since she would certainly not feel comfortable traveling while pregnant, we are unlikely to be able to return to the US within a year, which means that we definitely need to apply for a reentry permit.

 

Unfortunately, after talking to USCIS, it seems like the application process for a re-entry permit requires a fingerprinting, and we almost certainly wouldn't be able to get that completed by the 18th.

 

So we're left wondering if we're going to have to go through the IV application process all over again in a couple of years.

 

We would be grateful for any feedback or advice from folks here.

 

1. Does anyone know if the fingerprinting for the re-entry permit app can be done at the consulate or embassy in China? The official word we got from USCIS was that the application "may be denied" if the fingerprinting is not completed in the US before leaving.

 

2. My wife works for a major US public university in Beijing (at their study abroad program). Any chance that could be considered a valid reason for staying in China while remaining US residency?

 

3. I guess the biggest problem is that we got the IV approved based on our *intent* to establish domicile in the US. We *still* have that intent, but I don't know if the intent is enough to maintain the green card. Any thoughts on this issue?

 

Thanks so much!

[Randy W]

First of all, thanks so much for all the replies!

 

I wanted to provide an update on our situation, and hopefully get some more feedback from folks here.

 

We arrived in the US on Friday, and had no trouble getting through immigration, even though we told them that this was just an exploratory trip, and that we will be heading back to China on April 18th.

 

Our original plan had been to return to China on the 18th and then come back to the US within a year. We now have plans to have a child, though, and my wife prefers to give birth in China where her mother could take care of her. Since she would certainly not feel comfortable traveling while pregnant, we are unlikely to be able to return to the US within a year, which means that we definitely need to apply for a reentry permit.

 

Unfortunately, after talking to USCIS, it seems like the application process for a re-entry permit requires a fingerprinting, and we almost certainly wouldn't be able to get that completed by the 18th.

 

So we're left wondering if we're going to have to go through the IV application process all over again in a couple of years.

 

We would be grateful for any feedback or advice from folks here.

 

1. Does anyone know if the fingerprinting for the re-entry permit app can be done at the consulate or embassy in China? The official word we got from USCIS was that the application "may be denied" if the fingerprinting is not completed in the US before leaving.

 

2. My wife works for a major US public university in Beijing (at their study abroad program). Any chance that could be considered a valid reason for staying in China while remaining US residency?

 

3. I guess the biggest problem is that we got the IV approved based on our *intent* to establish domicile in the US. We *still* have that intent, but I don't know if the intent is enough to maintain the green card. Any thoughts on this issue?

 

Thanks so much!

 

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

No -

The new instructions for Form I-131 require that applicants for re-entry permits and refugee travel documents that are ages 14 through 79 provide biometrics before departing from the United States.

 

Q. What are the procedures for requesting an expedited adjudication of Form I-131?

 

A. If applicants require expedited processing, the instructions provide specific information for submitting pre-paid express mailers with the Form I-131 for USCIS to send the applicant his or her receipt and ASC appointment notice, as well as the completed re-entry permit or refugee travel document, if approved. A request for expedited processing should contain the applicant¡¯s reasons for such processing so that USCIS may determine whether the applicant qualifies for expedited processing.

 

Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.

Edited April 6, 2009 by Randy W (see edit history)

[levon]

Thanks, Randy. I'm a bit embarrassed that I didn't find that page myself!

 

We have an appointment at USCIS Wednesday morning. I'll report back with what we learn. I'm doubtful about getting a positive answer to my second and third questions.

[dale7570]

if your wife ends up losing her permanent resident status there is an alternative to applying for another I-130. that option is for a returning resident visa. i'm not sure about the process, but you may want to look into it. good luck!

[dnoblett]

if your wife ends up losing her permanent resident status there is an alternative to applying for another I-130. that option is for a returning resident visa. i'm not sure about the process, but you may want to look into it. good luck!

 

This is a SB-1 visa, the consulate needs a good reason to issue one.

 

SB1 Visas: Returning Residents

A Lawful Permanent Resident (LPR) whose status has lapsed due to a failure to maintain a residence in the United States may in certain circumstances be granted an SB1 visa allowing readmission.

 

To apply for an SB1 visa, please read the instruction and come to the Consulate with the following documents:

• Form DS-117: Application to Determine Returning Resident Status
   
  
• Original passport, green card, re-entry permit and/or other valid identification documents.
   
  
• A statement in English and Chinese, explaining the reason for your overstay.
   
  
• Any evidence you have that demonstrates the reason for your overstay. Translate all material into English.
  

http://guangzhou.usembassy-china.org.cn/sb...g_residents.htm

 

Evidence will be maintaining a US Domicile the entire time out of country.

 

MORE: http://travel.state.gov/visa/immigrants/info/info_1333.html

Edited April 7, 2009 by dnoblett (see edit history)

[dale7570]

this may not be a good option for you. after reading the application procedure it appears that you need to demonstrate that your stay in china was due to circumstances beyond your control. perhaps others will have some additional info for you.

[dnoblett]

this may not be a good option for you. after reading the application procedure it appears that you need to demonstrate that your stay in china was due to circumstances beyond your control. perhaps others will have some additional info for you.

Only real option is to give up LPR status, and re-apply for an immigrant visa again when you do intend to PERMANENTLY move to the USA.

[warpedbored]

She could maintain her green card by coming to the US every six months or so. It would be best if she stay for a month or two at a time though. If she loses her LPR status and you have to file again another two years in China may well bring your domocile under great scrutiny.