Seeking Opinions

[Shadowman]

I've gotten myself into a bit of a quandary... it's not a bad thing, but I would really like to hear some opinions from the experienced members of the group...

 

First, a bit of background... our CR-1 case was completed at NVC on 05/19/2009, but has not yet been received by GUZ. I called GUZ to check on the progress and the woman (although polite) basically laughed at me and told me that it would be another 3-4 months before it clears customs, and that the interview would follow in another 2 months or so... bringing us to an October/November interview date. Does this sound about right? It's already been over 13 months and the thought of another 4-6 months wait really takes the wind out of my sails... (not to mention the frustration I am feeling having missed the window for the electronic filing pilot program... and seeing people with similar NVC-out dates already have their interviews scheduled... but, I digress!)

 

Anyway... here's my dilemma. In trying to avoid a worst-case scenario (i.e., white slip... although I have NO reason to expect this), I began laying the groundwork for finding a job in China just in case my wife wasn't able to come to USA. Well, as it turns out, a very good job opportunity has presented itself... more than just presented itself... I have interviewed and fully expect to receive an offer soon. It is with a Chinese company in China... and would likely nearly double my US salary... BUT... of course, I would have to move to China. I have no problem living in China (actually think I would prefer it!) The problem that arises... and the issue I seek opinions on is... what to do about our CR-1? We are finally in the home stretch, and we are both a little uncomfortable with the idea of giving up on our current petition when we're so close to the finish line... Does canceling our current petition give us any kind of "black mark" toward future applications?

 

On the other hand... if I take the job, we could be together sooner... we could file DCF after 6 months of my living in China (correct?)... I would maintain my home in USA as per the US domicile requirement... and, when she receives her visa through DCF, we will have been married over 2 years, which would result in a IR-1 visa and a 10 year GC (correct?). I am not at all familiar with the DCF process... how fast from filing to VISA for DCF?

 

Another option (and the one I'm leaning toward)... accept the job (if offered), but try to delay the start date until after my wife has interviewed and received her Visa... and come to US to obtain GC and SS#. In other words, try to accept the job while seeing our CR-1 through to the the end. But how soon after coming to the US would she be able to return to China? And is there a limit to the amount of time she could spend in China without returning periodically to US?

 

So what would you guys do??? Any other considerations/pitfalls I should be aware of?

 

Thanks for reading and I'm looking forward to your insightful responses.

Shadowman

[warpedbored]

I doubt going DCF would save you any time at this point. As far as moving to China there is no rule saying you have to stay in the US to get her a visa. The problem as I see it is if you decide to move to China her green card won't be issued until she goes through a POE in the US. then there is the problem of maintaining her LPR status. The UCIS frowns on staying out of the US too long. Stays of over one year require a re-entry permit. They also want to see that she stays in the US for a significant amount of time. Otherwise they may deem she has abandoned her LPR status. If you take the job in China how long do you intend to stay? If indefinite you may want to put her visa on hold until about 6 - 8 months before you want to come back then file DCF.

 

How does she feel about it? Although we would all like to think that our sweet hearts wanted to meet us because of our good looks and charming personalities the truth is most of them wanted to meet us because they want to come to the US. She may not think much of the idea of staying in China indefinitely.

[Randy W]

It's all in the timing - you could also delay the interview (probably for up to a year). Then she would have until the expiration date on the visa to actually use it (either 6 months or 2 years - I forget which)

 

Also, if you can delay use of the visa until after your 2 year wedding date, she will get a 10 year card.

 

You've got to juggle all this and come up with what is the best approach for your circumstances.

 

There's no problem with abandoning the application, and filing DCF at a later date, when you are ready to move to the US - this might be your best approach.

Edited June 7, 2009 by Randy W (see edit history)

[Shadowman]

I doubt going DCF would save you any time at this point.

 

Yeah, I know... I suppose it would probably add close to a year. It is more about a job opportunity that is too good to pass up than it is about speeding up the process at this point. But having said that, being with my wife is my top priority.

 

As far as moving to China there is no rule saying you have to stay in the US to get her a visa. The problem as I see it is if you decide to move to China her green card won't be issued until she goes through a POE in the US. then there is the problem of maintaining her LPR status. The UCIS frowns on staying out of the US too long.

 

I could see this if she was in China by herself, but if I was there on a work Visa, wouldn't that be cause for exception?

 

Stays of over one year require a re-entry permit. They also want to see that she stays in the US for a significant amount of time. Otherwise they may deem she has abandoned her LPR status. If you take the job in China how long do you intend to stay?

 

The job would most likely be a 2 year contract. I imagine we would return to USA twice a year. For tax status reasons, it's my understanding that my time in the US would be limited to 35 days in a calendar year.

 

If indefinite you may want to put her visa on hold until about 6 - 8 months before you want to come back then file DCF.

 

Mmm... good point.

 

How does she feel about it? Although we would all like to think that our sweet hearts wanted to meet us because of our good looks and charming personalities the truth is most of them wanted to meet us because they want to come to the US. She may not think much of the idea of staying in China indefinitely.

 

Of course she wants to be with me for my good looks and charming personality! Actually, she's completely ambivalent about whether or not she comes to USA. She genuinely just wants to be together wherever. Despite the one child policy, she comes from a big family (4 siblings), so she would have no issue staying in China. With her, the issue is how soon we can be together and raise a family... her biological clock is ticking loudly! At 30, she thinks she's an old woman.

 

With regard to the Visa, she really doesn't want to go through the process of re-doing all of our paperwork... and I can't say I blame her!

[Bert]

I called GUZ to check on the progress and the woman (although polite) basically laughed at me and told me that it would be another 3-4 months before it clears customs, and that the interview would follow in another 2 months or so... bringing us to an October/November interview date.

 

I tried to track the package on the DHL site. I didn't find anything referenced to May 19, but I did find a package referenced to May 20 (tracking number 9332836752). It was a 1 pound package that cleared Customs quickly. It was delivered the the Consulate on June 01. Hopefully, this was your package.

 

I know it took one month for the Consulate to acknowledge receipt of our package, once it was delivered to the Consulate. When I contacted them, they gave me the same old garbage of 3-4 months for Custom clearance. It's a stock answer.

[usaRichard]

 

 

First, a bit of background... our CR-1 case was completed at NVC on 05/19/2009, but has not yet been received by GUZ. I called GUZ to check on the progress and the woman (although polite) basically laughed at me and told me that it would be another 3-4 months before it clears customs, and that the interview would follow in another 2 months or so...

Our CR-1 left NVC on March 24, we found out last week by calling DOS that our interview date is July 9th, not an unreasonable period of time IMO - YMMV

 

Best regards

[dnoblett]

Always takes 3 months or so to clear customs, doing DCF will not save you anything in fact it will take longer to process.

 

Stay the course!

 

Patience grasshopper, you are in the final stretch.

 

About the job in China, she could travel to the USA and imediatly return to China, the POE stamps passport I-551 which = GreenCard.

 

HOWEVER green-cards are for residence in the USA, they are NOT some sort of permanent "Visa" USCIS can determine any period of time out of the USA as abandoning residence status and revoke the green-card. Traveling to the USA periodically but remaining out of the USA the majority of time can be considered to be abandoning residency status.

 

Best scenario is if you took teh foreign job, is to refile for a spousal visa DCF when you do decide to move o the USA permanently.

[Shadowman]

HOWEVER green-cards are for residence in the USA, they are NOT some sort of permanent "Visa" USCIS can determine any period of time out of the USA as abandoning residence status and revoke the green-card. Traveling to the USA periodically but remaining out of the USA the majority of time can be considered to be abandoning residency status.

Ouch!! Not the answer I was hoping for... but exactly the information that I needed... Thanks!

 

So... this eliminates any option of quickly finishing up the CR-1 and going back to China to work. One more reason why they will really have to make me an offer I can't refuse... I really don't want to start over again, but if we could be together sooner AND they throw boat loads of money at me... well, I'd have to consider it.

[Shadowman]

I called GUZ to check on the progress and the woman (although polite) basically laughed at me and told me that it would be another 3-4 months before it clears customs, and that the interview would follow in another 2 months or so... bringing us to an October/November interview date.

 

I tried to track the package on the DHL site. I didn't find anything referenced to May 19, but I did find a package referenced to May 20 (tracking number 9332836752). It was a 1 pound package that cleared Customs quickly. It was delivered the the Consulate on June 01. Hopefully, this was your package.

 

I know it took one month for the Consulate to acknowledge receipt of our package, once it was delivered to the Consulate. When I contacted them, they gave me the same old garbage of 3-4 months for Custom clearance. It's a stock answer.

 

Thanks for the detective work! My case was completed on 5/19... so it is possible that it went out on 5/20... fingers crossed!