total newbie seeking advice on which road to take

[harbiner]

Hey everyone,

 

I'm new to this forum but it looks very useful. Anyway, I've been in a pretty serious relationship with a Chinese girl for a while and we're starting to think about the future -- marriage, kids, and all that.

 

I have no intention -- or wish -- to make her come live in the US forever, nor do I intend to move to China permanently. My hope is that we can figure out some way of moving back and forth between the countries every few years. She speaks decent English, and I speak fluent Chinese, so I'm not concerned about employment or any of those things, but I have no idea what sort of visa situations would make that kind of lifestyle possible (more specifically, what US permissions she would need to be able to live back in China for a few years and still return to the US to live later).

 

Since we haven't done anything official yet -- and probably won't for at least a year, I feel the upside of all this red tape is that we still have all our options open. So, assuming the end goal is being able to move between China and the US with some degree of freedom, what's the best and quickest road to take? Is it better to marry in China or in the States? Etc. Etc.

 

Also, just because I know we're going to run into this sooner or later: I know that they often ask for documentation your relationship is real when you're applying for the visa. It wouldn't be too hard for us to provide that documentation, but it's almost all in Chinese. Is that OK? Would I -- God forbid -- have to translate it all before we presented it to them?

[dnoblett]

Firstly welcome to CFL.

 

Secondly there is no such thing as a "Permanent Visa" Immigrant visas are for entry to the USA and becoming a "Lawful PERMANENT Resident" a green-card is for permanent residence in the USA, it is not a "Permanent Visa".

 

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

 

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.
  

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

 

Whe applying for a visa, only official documents need to be translated. Things like emails, and chats do not.

Edited July 23, 2009 by dnoblett (see edit history)

[harbiner]

Firstly welcome to CFL.

 

Secondly there is no such thing as a "Permanent Visa" Immigrant visas are for entry to the USA and becoming a "Lawful PERMANENT Resident" a green-card is for permanent residence in the USA, it is not a "Permanent Visa".

 

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

 

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.
  

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

 

Whe applying for a visa, only official documents need to be translated. Things like emails, and chats do not.

 

Thanks! I wonder, do you (or anyone else) have experience with that "returning resident" stuff? I.e., is it just a matter of filing the proper paperwork and waiting the obligatory long time for approval, or is it actually very difficult to get that?

[dnoblett]

Thanks! I wonder, do you (or anyone else) have experience with that "returning resident" stuff? I.e., is it just a matter of filing the proper paperwork and waiting the obligatory long time for approval, or is it actually very difficult to get that?

Can be dificult to get, need to prove that the reason remained out of the USA longer than 1 year or more was for a reason that was out of your control, like caring for a family member like a very sick parent.

 

Again green-card is for residing in the USA permanently.

 

One option is to reside in the USA for 3 years as a LPR continuously married to a US Citizen, and then apply for US Citizenship and become a US Citizen, this will eliminate the hassle of the green-card. However will then have the problems of visas to visit or reside in China.

[warpedbored]

I agree with Dan on the citizenship issue. Chinese visas are fairly easy to get and renew. You can get multiple entry visas good for a couple of years where all you have to do is go to Hong Kong for a day and re-enter every 90 days or so. If your wife has good Guanxi you may be able to get them extended at the local police station. Since you are a US citizen you will need to do this anyway. She might as well come with you. Extended stays for LPRs out of the US can be problematic. All it would take is an over zealous immigration officer to decide your wife has abandoned her LPR status to cause you immense grief. As Dan pointed out, green cards are for permanent residence in the US not a few years here, a few years there.

[Guest Wuhan4me]

If she becomes a citizen of Singapore, she can enjoy the Visa Waiver Program with the USA, and ALMOST do whatever she wants in China. Same thing for New Zealand.

 

It might help a bit, if you could state yer ages, and a bit of 'job background' , and maybe even current 'kid' count.

[whome?]

Thanks! I wonder, do you (or anyone else) have experience with that "returning resident" stuff? I.e., is it just a matter of filing the proper paperwork and waiting the obligatory long time for approval, or is it actually very difficult to get that?

Can be dificult to get, need to prove that the reason remained out of the USA longer than 1 year or more was for a reason that was out of your control, like caring for a family member like a very sick parent.

Again green-card is for residing in the USA permanently.

 

One option is to reside in the USA for 3 years as a LPR continuously married to a US Citizen, and then apply for US Citizenship and become a US Citizen, this will eliminate the hassle of the green-card. However will then have the problems of visas to visit or reside in China.

Also can be ok if you work for a USA company that assigned you to China but you need a notarized letter from the HR department. At least this is what a DOS offical told me .. I have not tried it yet.

[harbiner]

If she becomes a citizen of Singapore, she can enjoy the Visa Waiver Program with the USA, and ALMOST do whatever she wants in China. Same thing for New Zealand.

 

It might help a bit, if you could state yer ages, and a bit of 'job background' , and maybe even current 'kid' count.

 

It sounds so far like her becoming a citizen of singapore is actually the best option. Anyone have any more information about that?

 

As for our info, we're both in our early-mid twenties. I'm a teacher (used to teach English in China, which is how we met, now teach Chinese in the US); she's still technically a uni student though her study is done, she is doing an internship at a hotel as her major was tourism English.

 

Currently we have no kids, obviously...

[Guest Wuhan4me]

Well, there is that OTHER option, of course - and that's to hunker down and take a real hard look at what it would mean for HER to live in USA with YOU for an extended period of time. Forget the back and forth between the two countries - what does it look like, for her, to live and work in the USA?

 

(I'm not asking for some immediate response, but suggest, instead, that you write up about 10000 words on it, doing your own research, then show it to her).

[warpedbored]

I'm not so sure becoming a citizen of Singapore would be a good option. there is a big difference between not needing a visa as a tourist and living here. I still maintain that becoming a citizen of the US is the best option

[harbiner]

Well, there is that OTHER option, of course - and that's to hunker down and take a real hard look at what it would mean for HER to live in USA with YOU for an extended period of time. Forget the back and forth between the two countries - what does it look like, for her, to live and work in the USA?

 

(I'm not asking for some immediate response, but suggest, instead, that you write up about 10000 words on it, doing your own research, then show it to her).

 

 

perhaps I should have been clearer; even if she were fine with the idea of living in the US forever, that's not something that I am interested in. China is what I studied in school, what I am most passionate and knowledgeable about. It seems highly likely that in the future my career is going to lead to me spending significant amounts of time there regardless of who I'm married to. That said, I don't want to leave the US forever, either.

[warpedbored]

End result is the same. Green cards are not meant for a few years here a few years there. They are meant for permanent residence. All a Singapore citizenship for her would gain you is tourist privileges. She would still have to go through the the green card process to live here. Here is how I see it. If she were to come here with you then three years after being granted her green card she could apply for American citizenship. Once that is granted she can come and go at will for as long as she pleases. Since you as an American citizen will have to get your visa to live in China renewed from time to time anyway she might as well join you. Perhaps one of our Chinese members can answer but there may even be a visa for the wife of an American Citizen to live in China with him.

 

As a green card holder she would not be able to stay out of the US for more than a year without a re-entry permit. It is a good idea to make that 6 months or less. Also she would be expected to spend significant time in the US each visit. I have a friend here in Portland who has a part time wife who spends six months at a time in China then six months here. She came under pretty heavy questioning the last time she came back to the US. All it takes is one over zealous immigration officer to decide she has abandoned her LPR status to cause you immense grief.