Moving to China

[roblimei]

My wife(Limei) and I want to start spending more time in China. Eventually even possibly consider moving there. How does this affect her green card status? I understand that I can keep renewing L visas for my stay in China but how does this affect Limei for travel back to the U.S. Either for visitation or a move back. We also have a 1 yr. old daughter U.S. born. What if China would refuse an visa extension for me. Would I be jeopardizing being separated from my family if I were forced to leave and Limei could not re-enter the U.S. because she lost permanent residence in U.S.?

[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.

 

More:

 

http://candleforlove.com/forums/index.php?showtopic=40243

US Citizenship VS Green-Card

http://candleforlove.com/forums/index.php?showtopic=39814

 

More on Citizenship:

 

Here is a list I found:

1. A Citizen Can Vote
   A citizen has the right to vote for elected officials at the federal, state and local levels who shape the policy of the government.
   
2. Dual Citizenship (Currently N/A with China)
   Certain countries, including Ireland and the United Kingdom, recognize "dual citizenship" permitting naturalized U.S. citizens to maintain their citizenship of birth and original passport.
   
3. Citizens Can Bring More Relatives From Abroad, More Quickly
   Citizens can petition for a wider variety of family members to come to the US as permanent residents. They also have much shorter waiting times for green cards, and no limits.
   
4. Citizens Cannot be Deported
   Most of us never expect to commit a crime, but if we are the victims of circumstance, in the wrong place at the wrong time, as citizens, we cannot be deported. We also don't need to worry about a lost green card or too-long stay outside the US preventing us from re-entering.
   
5. Citizens Can Retire Abroad With Full Social Security Benefits
   Citizens who retire abroad get all their Social Security benefits. Green card holders only get half of the benefits they earned.
   
6. Citizens are Entitled to More Public Benefits
   Citizens are eligible for more public benefits, including Supplemental Security Income (SSI) and Food Stamps, as well as certain academic scholarships and financial aid.
   
7. A US Citizen Can Hold Office and Have More Job Opportunities
   Only a citizen has the right to hold an elected position in most city, state or federal offices. Many federal, state and city jobs also require citizenship.
   
8. Adopted or Natural Children Under 18 May be Naturalized Automatically
   Depending on the circumstances, children born abroad, who are under 18 years of age and unmarried may be able to naturalize automatically when a parent does so.
   
9. Citizens Have More Financial and Tax Benefits
   Citizens often receive approval on loans andmortgages more easily, and/or they get better rates, because the lender knows there is less chance they will defect. Citizens are often subject to fewer restrictions on estate taxes as well.
   
10. Citizens Don't Have to Worry About Renewing a Green Card Every 10 Years
    We have enough to worry about with passports and other paperwork. As citizens, we don't have to worry about renewing a green cards every ten years.
    

http://immigration.about.com/od/whybecomea...0CitizenBen.htm

[C4Racer]

Tough decision. Dan did a great job laying out the rules and pitfalls.

 

If you will live in China for a few years, her Chinese citizenship could provide you with some benefits or opportunities not available to couples who are both foreigners. This is why it can be a tough decision. Not quite sure how easy a visitor visa to the US would be to get. It would depend on your job and how strong your ties to China. The consulate would view her as following you. You would need to reapply for a green card if and when it came time to move back. China would give you a "L" Visitors Visa with a longer period of validity. Every few years, you would need to make a trip to Hong Kong and apply for a new visa.

 

This information is from the Chinese Embassy website

¡øUS citizens may apply for a Single Entry (valid for 3-6 months), Double Entry (valid for 6 months), Multiple Entry (valid for 6 months or 12 months) "L" Visa as needed.

¡øForeign spouse and children of a Chinese citizen may apply for a Multiple Entry "L" Visa valid for 24 months.The original and photocopy of relevant Marriage Certificate,Birth Certificate, Kinship Certificate and other necessary documents are required to provide.

Edited January 23, 2010 by C4Racer (see edit history)

[roblimei]

Tough decision. Dan did a great job laying out the rules and pitfalls.

 

If you will live in China for a few years, her Chinese citizenship could provide you with some benefits or opportunities not available to couples who are both foreigners. This is why it can be a tough decision. Not quite sure how easy a visitor visa to the US would be to get. It would depend on your job and how strong your ties to China. The consulate would view her as following you. You would need to reapply for a green card if and when it came time to move back. China would give you a "L" Visitors Visa with a longer period of validity. Every few years, you would need to make a trip to Hong Kong and apply for a new visa.

 

This information is from the Chinese Embassy website

¡øUS citizens may apply for a Single Entry (valid for 3-6 months), Double Entry (valid for 6 months), Multiple Entry (valid for 6 months or 12 months) "L" Visa as needed.

¡øForeign spouse and children of a Chinese citizen may apply for a Multiple Entry "L" Visa valid for 24 months.The original and photocopy of relevant Marriage Certificate,Birth Certificate, Kinship Certificate and other necessary documents are required to provide.

Is there the worry of someday the L visa extension not being approved and having to leave China and being separated from your wife because she has forfeited her green card?

[Kyle]

Separation is a possibility. We have known intercultural couples who have been affected by this (which is one of the main reasons we started the IR-1 process).

Edited January 23, 2010 by Kyle (see edit history)

[roblimei]

Separation is a possibility. We have known intercultural couples who have been affected by this (which is one of the main reasons we started the IR-1 process).

What is the IR-1 process?

[dnoblett]

Separation is a possibility. We have known intercultural couples who have been affected by this (which is one of the main reasons we started the IR-1 process).

What is the IR-1 process?

This a green-card visa, Kyle and his wife are moving to the USA permanently soon. Kyle and his wife have been living in China for more than 3 years now, and just went through the process of getting her a spousal visa to move to the USA, she does not yet have her green-card, that will come automatically after they enter the USA on their Spousal IR-1 visa.

 

You are talking about going the other way.

Edited January 23, 2010 by dnoblett (see edit history)

[C4Racer]

Separation is a possibility. We have known intercultural couples who have been affected by this (which is one of the main reasons we started the IR-1 process).

What is the IR-1 process?

 

IR-1 is the process for obtaining a US visa for spouse to who you have been married for at least 2 years. Same as CR-1 except when done you have a ten year green card with no conditions.

 

Tough decision. Dan did a great job laying out the rules and pitfalls.

 

If you will live in China for a few years, her Chinese citizenship could provide you with some benefits or opportunities not available to couples who are both foreigners. This is why it can be a tough decision. Not quite sure how easy a visitor visa to the US would be to get. It would depend on your job and how strong your ties to China. The consulate would view her as following you. You would need to reapply for a green card if and when it came time to move back. China would give you a "L" Visitors Visa with a longer period of validity. Every few years, you would need to make a trip to Hong Kong and apply for a new visa.

 

This information is from the Chinese Embassy website

¡øUS citizens may apply for a Single Entry (valid for 3-6 months), Double Entry (valid for 6 months), Multiple Entry (valid for 6 months or 12 months) "L" Visa as needed.

¡øForeign spouse and children of a Chinese citizen may apply for a Multiple Entry "L" Visa valid for 24 months.The original and photocopy of relevant Marriage Certificate,Birth Certificate, Kinship Certificate and other necessary documents are required to provide.

Is there the worry of someday the L visa extension not being approved and having to leave China and being separated from your wife because she has forfeited her green card?

 

I have not heard of family member being denied a visa to China. They are already making extra concessions to any married to a Chinese citizen by extending the time. I doubt this would be a big problem. Another option is you could find a job and apply for a "Z" visa which is a work visa. Within thirty days of entry you are expected to file resident paperwork. We have some members who are living and working in China. They can tell you more info about this I am sure. Still seperation is always a possibility in such a situation.

Edited January 23, 2010 by C4Racer (see edit history)

[chengdu4me]

Without pasting all the links and info to give as evidence ( it is just as easy for you to do), I'll say this. Once your wife is a USC, then it is real easy for you two to spend as much time in China as you want. China has a fairly easy process for your wife to return to China, keep her US citizenship, but also receive a resident permit to allow her to live, once again, in China. As her spouse, you get an extended L visa to be with her. The odds of China refusing to renew this type of visa is so slim that it isn't worth mentioning.

 

The big issue is the US. Having only a GC is not the way to go globe hopping. A USC always has the door open. A GC holder must knock first and hope it is still open. IMHO, it is not a chance worth taking. Help her get her USC status as soon as possible. After that, do whatever you want.

[dnoblett]

Without pasting all the links and info to give as evidence ( it is just as easy for you to do), I'll say this. Once your wife is a USC, then it is real easy for you two to spend as much time in China as you want. China has a fairly easy process for your wife to return to China, keep her US citizenship, but also receive a resident permit to allow her to live, once again, in China. As her spouse, you get an extended L visa to be with her. The odds of China refusing to renew this type of visa is so slim that it isn't worth mentioning.

 

The big issue is the US. Having only a GC is not the way to go globe hopping. A USC always has the door open. A GC holder must knock first and hope it is still open. IMHO, it is not a chance worth taking. Help her get her USC status as soon as possible. After that, do whatever you want.

I argee. US Citizenship has it's privileges.

[GDBILL]

The L visas for spouses of Chinese citizens / permanent residents will give you a year or two of uninterrupted stay and can be easily renewed without having to leave the country. You cannot, however, work and if you have a Z work visa you will probably have to leave the country to renew it every year or two even though your spouse is Chinese.

 

I think the chances of China doing away with the L spousal visa are low, but one would be foolish to think they are really slim. Visa policy changes here easily and there have been instances during special events (The Olympics and the 60th Chinese National Day period) when spousal visas were restricted.

 

The policy of allowing a former Chinese citizen -- now a US citizen -- to return and live in China as easily as one claimed is a myth. There are severe restrictions / conditions and the vast majority who try are declined. While some smaller backward cities / provinces may make it easy, all the major cities and even those considered second-tier have a multitude of conditions such as having a masters degree, skill that China values currently, offer of employment in a specialized industry, a certain amount of investment capital, own real estate and / or have political connections. All others get visas like any other tourist except they may have longer periods of stay.

[Guest Pommey]

 

The policy of allowing a former Chinese citizen -- now a US citizen -- to return and live in China as easily as one claimed is a myth. There are severe restrictions / conditions and the vast majority who try are declined. While some smaller backward cities / provinces may make it easy, all the major cities and even those considered second-tier have a multitude of conditions such as having a masters degree, skill that China values currently, offer of employment in a specialized industry, a certain amount of investment capital, own real estate and / or have political connections. All others get visas like any other tourist except they may have longer periods of stay.

 

 

 

 

one of the reasons Jin is against obtaining US citizenship