Partial annual residence in China?

[roblimei]

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

[dnoblett]

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.

[roblimei]

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

[dnoblett]

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

4 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.

[roblimei]

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

4 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.

[dnoblett]

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.

[roblimei]

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

[Zhou Zhou]

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.

[Eric]

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.

[Randy W]

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.

[Zhou Zhou]

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.

[roblimei]

Thanks to all..".VERY" helpful. Rob

[dnoblett]

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.

[Kyle]

There's some very good information in this thread. I've bookmarked it for further reference. Thank you, everyone!

[thelocaldialect]

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.