roblimei Posted January 19, 2010 Report Share Posted January 19, 2010 I am soliciting advice from anyone that can suggest my best options. My wife(Limei) and I married almost 3 years ago. We have a 1 year old daughter(Meiling..u.s. citizen). Limei is currently awaiting her removal of conditions green card. Biometrics have been completed. We desire to be able to annually reside in China with her family 4 to 6 months. The rest of the year we would reside here in the states overseeing my business. What is the option to pursue? Most visas are 30 days. Because I am married to a national I believe longer visa stays can be granted. Maybe up to 4 months? Is it possible to acquire a multiple entry with each being a 3-4 month stay? Are there different circumstances for my daughter being that she is a dependant of a national? P.S. When Limei and I were going through the k-1 process I referred to this site often(very helpful). I recall other persons discussing that they were going to retire in China etc. So I am led to believe there is the opportunity. Anyone know? Thanks in advance!!! Rob Link to comment
dnoblett Posted January 19, 2010 Report Share Posted January 19, 2010 This is a common topic. There is a pitfall, if USCIS and Homeland Security determines that the green-card is not being used to reside permanently in the USA they can revoke it, Green-card is for Lawful PERMANENT Residents (LPR). They can detect this behavior through entry and exits at the POE. Maintaining Permanent Residence You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the ¡°INA¡± link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.Abandoning Permanent Resident Status 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 United States for more than 1 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 United States may be considered, even if less than 1 year Remain outside of the United States for more than 2 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 United States may be considered, even if less than 1 year Fail to file income tax returns while living outside of the United States for any period Declare yourself a ¡°nonimmigrant¡± on your tax returns http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD Even having a re-entry permit may not protect the green-card. You may be able to get away with periods out of the USA up to 6 months, but longer than that and they can determine that the majority of time is spend as NOT resident in the USA. Link to comment
roblimei Posted January 19, 2010 Author Report Share Posted January 19, 2010 We do not want to permanently reside in China, only to be able to "visit" her family for 4 to 6 months each year (winters mainly). I have a business and other properties here in the u.s. and we also would retain our house. We are wanting to have Limei's family part of our lifestyle. 30 day stays are too short. Rob Link to comment
dnoblett Posted January 19, 2010 Report Share Posted January 19, 2010 We do not want to permanently reside in China, only to be able to "visit" her family for 4 to 6 months each year (winters mainly). I have a business and other properties here in the u.s. and we also would retain our house. We are wanting to have Limei's family part of our lifestyle. 30 day stays are too short. Rob4 months should not be an issue, if you hit the 6 month mark, just be prepared to answer questions at the POE. Note more than 6 months out of country at one time WILL affect when you can eventually file for citizenship and naturalize. Link to comment
roblimei Posted January 19, 2010 Author Report Share Posted January 19, 2010 We do not want to permanently reside in China, only to be able to "visit" her family for 4 to 6 months each year (winters mainly). I have a business and other properties here in the u.s. and we also would retain our house. We are wanting to have Limei's family part of our lifestyle. 30 day stays are too short. Rob4 months should not be an issue, if you hit the 6 month mark, just be prepared to answer questions at the POE. Note more than 6 months out of country at one time WILL affect when you can eventually file for citizenship and naturalize.So, are there visas for longer than 30 or 60 day stays? Last week Limei and Meiling went to China for 2 months. Yes, I am home alone and sad. Anyways, I did get Meiling a 60 day visa. Link to comment
dnoblett Posted January 19, 2010 Report Share Posted January 19, 2010 So, are there visas for longer than 30 or 60 day stays? Last week Limei and Meiling went to China for 2 months. Yes, I am home alone and sad. Anyways, I did get Meiling a 60 day visa.It has been reported if married to a Chinese citizen you may get visa allowing longer stay, I believe 90 days, which can be extended at the PSB. Link to comment
roblimei Posted January 19, 2010 Author Report Share Posted January 19, 2010 So, are there visas for longer than 30 or 60 day stays? Last week Limei and Meiling went to China for 2 months. Yes, I am home alone and sad. Anyways, I did get Meiling a 60 day visa.It has been reported if married to a Chinese citizen you may get visa allowing longer stay, I believe 90 days, which can be extended at the PSB.THANKS!!! I remember you from several years ago. Quite helpful then also! Thanks again Link to comment
Zhou Zhou Posted January 19, 2010 Report Share Posted January 19, 2010 So, are there visas for longer than 30 or 60 day stays? Last week Limei and Meiling went to China for 2 months. Yes, I am home alone and sad. Anyways, I did get Meiling a 60 day visa.It has been reported if married to a Chinese citizen you may get visa allowing longer stay, I believe 90 days, which can be extended at the PSB.THANKS!!! I remember you from several years ago. Quite helpful then also! Thanks again I have an in-law who is a Green Card holder, but not a US citizen. To maintain his Green Card he has to re-enter the US each year. Once a few years ago he got a waiver and was able to stay out for 2 years. It's the same for many countries....and I strongly agree, dnoblett knows his business and is a great help to many of us. Link to comment
Eric Posted January 19, 2010 Report Share Posted January 19, 2010 So, are there visas for longer than 30 or 60 day stays? Last week Limei and Meiling went to China for 2 months. Yes, I am home alone and sad. Anyways, I did get Meiling a 60 day visa.Since you are married to a Chinese National, you can get a 2 Year Multi Entry Visa that is good for 90 day stays. I just got one of those a couple of weeks ago without any problems at all - I just needed to send in photocopies of my wife's passport bio pages and our marriage certificate along with the application. I used www.mychinavisa.com and received my visa in about 7 days using their regular non-expedited service. The really good thing about getting the 2 year visa is that it costs the same as the regular 1 year visa does. Link to comment
Randy W Posted January 19, 2010 Report Share Posted January 19, 2010 You MAY have to also send in a copy of her Chinese ID, depending on what your consulate asks for. The 2 year, 90 day stay visa seems to be routinely granted these days for family members. The policies about registering with the PSB and granting extensions seem to vary in different places. Some have had to make the border-crossing hop at 90 days. Link to comment
Zhou Zhou Posted January 19, 2010 Report Share Posted January 19, 2010 I recently got my new 2 year/60day/Multi visa...I sent along a copy of our "red book" with the application. I have used Oasis <https://www.oasischinavisa.com/> for several years...they turn around the visa and in hand within 12 days via regular shipping. They'll call you if there's a problem and they'll also answer e-mails. Link to comment
roblimei Posted January 20, 2010 Author Report Share Posted January 20, 2010 Thanks to all..".VERY" helpful. Rob Link to comment
dnoblett Posted January 20, 2010 Report Share Posted January 20, 2010 I recently got my new 2 year/60day/Multi visa...I sent along a copy of our "red book" with the application. I have used Oasis < https://www.oasischinavisa.com/ > for several years...they turn around the visa and in hand within 12 days via regular shipping. They'll call you if there's a problem and they'll also answer e-mails. Yes I have used that service several times, the last time I forgot to sign the application, they promptly emailed me about it, and I replied with scanned copy of signed form. They were very helpful. Link to comment
Kyle Posted January 20, 2010 Report Share Posted January 20, 2010 There's some very good information in this thread. I've bookmarked it for further reference. Thank you, everyone! Link to comment
thelocaldialect Posted January 20, 2010 Report Share Posted January 20, 2010 Actually, marriage to a Chinese citizen qualifies you for a year long multi entry L visa. You don't have to exit China during that year. I'm on my third such visa right now. Link to comment
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