Pros/Cons of wife becoming USC

[weiaijiayou]

In the past day, my wife decided that it would be nice for her to have US citizenship and a US passport. When I pressed her on it, she laughed and admitted that her desire for the passport was, at least in part, because it would be fashionable in China, almost like a status symbol. She had been discussing with Chinese friends about how the Chinese government gives more rights to ¡®huaqiao¡¯ or Chinese with foreign citizenship. When asked, though, she couldn¡¯t name any of the specific benefits for overseas Chinese returning to China. Despite this, she really seems intent about getting citizenship (at least right now), and this has made me want to learn more about the pros and cons.

 

Up front, I need to say that my main questions about her getting US citizenship revolve around the fact that we will be returning to China to live permanently at some point during the next several years.

 

First, to me, the positive aspect of citizenship would be that, while we¡¯re living in China, my wife would be able to return freely to the US, a condition she deems very important because she wants to be able to see our family in the US. Based on my currently limited understanding, if we just try to retain her green card while in China, she would need to return to the US on a regular basis and for substantial periods of time, and she could be denied entry if the customs and border people decide that she appears to have abandoned the green card. If that were to happen, I believe that, in order for her to go back to the US, we would then have to apply for a K-3 visa that would give her multiple entries into the US for a limited period of time (e.g., a year? 2 years?). For those of you who know more about these aspects of green cards and visas, I would really appreciate it if you could provide any feedback on the accuracy of what I¡¯ve just said.

 

I¡¯m also interested in all of your input as far as what benefits and privileges we may lose while in China if my wife does decide to become a US citizen. For example, as a USC, she would be required to apply for visas in order to return to and stay in China, correct? Correspondingly, I would no longer be able to use our marriage to apply for a tourist visa that authorizes a year-long stay in China, right? Finally, I¡¯m also wondering how her holding US citizenship would affect our ability to buy a home in China, make investments, or run a business. As I understand it now, Chinese citizens are less restricted in these areas, and thus, if she maintains her Chinese citizenship, our home and whatever Chinese business dealings we might want to engage in can operate through her.

 

On the other side of the spectrum, will there be any benefits that my wife will be able to obtain in China as a holder of US citizenship that she does not have now, as a Chinese citizen (or that she would not be able to derive through me, as her husband)?

 

The whole thing right now is making both of our heads hurt. Any comments, opinions, facts, experiences, etc., are all welcome.

 

Some more personal stuff:

Originally our decision about all this was easy. Before we started this whole visa process, my wife¡¯s mom had been very concerned about my wife having to apply for a visa to return to China. Since this seemed to be such a major issue for her, my wife and I decided that we should just get the green card, make the most of it while we needed to be in the US, and if it was ever deemed ¡°abandoned¡± we would deal with those issues when it came time. I assured her mom: ¡°Don¡¯t worry, she will always be a Chinese citizen, and she can always come back to China without any applications or paperwork.¡±

 

But last night, after my wife and I talked about citizenship and she saw that my opinion about becoming a USC was at best lukewarm, my wife went into the other room. After a few minutes I heard the phone dialing and then heard my wife¡¯s thick Henan accent and the familiar ¡®die?¡¯ as her dad answered the phone. Once her mom was on, I could hear her making some small-talk and then, after a momentary pause in the conversation, she started to broach this issue with her mom. I jumped off the couch and shot into the room, my wife laughing as I accused her of secretly trying to have all of her points heard without her mom hearing my side, too.

 

But alas, during the past year my wife has been in the US, her mom¡¯s natural sternness and skepticism toward my wife¡¯s plans has been changing, her confidence in her daughter growing, and soon she was agreeing that maybe this US citizenship idea could be worth considering.

 

I was kind of blown away because my wife's mom is an extremely traditional woman and very, very ¡®ai guo.¡¯ But now she may be willing to accept the idea of US citizenship for her daughter, depending on what would be gained or lost in terms of status, opportunities, obstacles, etc.

 

So now I¡¯m just interested in all of you guys¡¯ and girls¡¯ input, experience, and knowledge.

[dnoblett]

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

[weiaijiayou]

Here is a list I found:

Thanks for the list. We had been looking at a similar one last night in the book the government mails to new green card holders. When we came across "jury duty," I said it was usually looked at more as an obligation than a privilege, but she replied enthusiastically that she'd love the chance to help punish criminals. It seemed to me that she was envisioning casting the final, damning vote in the death penalty case of some twisted sicko...

[Kyle]

My wife is going through the citizenship process for keeping the family together. At a later date her parents may want to live with us as well in America.

 

My wife and I have faced some problems here because of our faiths. Her parents share the same faith which is one reason why they have encouraged my wife to become an US citizen.

 

The problem with the green card is that you have to renew it - which basically means the GOV can choose not to - it isn't guaranteed.

 

My wife and I see ourselves coming back to China later in life, which is another huge reason why we're doing this. Depending on what you feel is important (freedoms), it is nice to have the protection of the US Gov behind you when abroad. Most likely if any problems arise, you'll be deported rather than imprisoned. Less chance of getting separated.

 

The sad thing is this:

 

Some Chinese will tend to interpret this as either "the big bad USC is putting pressure on his wife" or two, "the PRC citizen is unhappy with the PRC"

 

Neither is true.

 

My wife and I have some very specific reasons why we are doing this, which after we return to America, and you still want to know, we'll share with you through a PM.

 

Both my wife and I deeply love China. If my wife becomes a USC it does not reflect any distaste with China or Chinese culture. Again, it is all about keeping us together.

 

EDIT:

 

The country of your passport doesn't remove what makes a Chinese person Chinese nor does it nullify the parental/child bond that already exists.

Edited February 26, 2010 by Kyle (see edit history)

[weiaijiayou]

My wife is going through the citizenship process

More excellent points and issues to consider... Thanks Kyle.

[credzba]

I read this with interest, as my wife and I have discussed this, but I don't know the rules.

 

Our intention was to retire, and live in China, but it is my understanding that we can only own 1 property in China if we are foreigners.

Since we plan on using apartment rental income for retirement, it is important one of us be chinese citizens.

 

If my understanding is correct, this is one advantage of not becoming USC.

[amberjack1234]

I read this with interest, as my wife and I have discussed this, but I don't know the rules.

 

Our intention was to retire, and live in China, but it is my understanding that we can only own 1 property in China if we are foreigners.

Since we plan on using apartment rental income for retirement, it is important one of us be chinese citizens.

 

If my understanding is correct, this is one advantage of not becoming USC.

We have had other members here that have done what you are thinking about. What they did was put the property in trusted relatives of the Chinese spouse.

 

Larry

[weiaijiayou]

I read this with interest, as my wife and I have discussed this, but I don't know the rules.

 

Our intention was to retire, and live in China, but it is my understanding that we can only own 1 property in China if we are foreigners.

Since we plan on using apartment rental income for retirement, it is important one of us be chinese citizens.

 

If my understanding is correct, this is one advantage of not becoming USC.

Yes, this was exactly the kind of lead I was looking for... Thanks.

[warpedbored]

As a US citizen your wife can live abroad for as long as she likes and still return to the USA. As a LPR she needs to return to the US regularly for extended periods of time to maintain her LPR status. Some people see having to get a multiple entry visa and step out of China every so often as a down side but the American spouse will need to do this anyway so he might as well have company. There are also problems with a LPR being able to collect Social Security or survivor's benefits if she is living abroad.

 

My wife made the decision to become a US citizen on her own with no encouragement from me. Mainly because we want to bring her son here and that is the fastest way. If you and your wife would like to bring her parents to the US to take care of them the only way she could do that is to become a US citizen.

[Guest Pommey]

If your wife gets USC then she will need a visa to go there, if you plan to retire you will both need to exit get new visas and re- enter every so often. Neither of you can legally work unless you get p.residence visas or work visa. Legally neither of you can start a business, getting loans will be difficult.

 

Houses may have to be rented or bought under a chinese citizens name.

 

but apart from those, its a great idea

[Kyle]

Neither of you can legally work unless you get p.residence visas or work visa.

That's not much of an issue though. If they do decide to work or study in China, their future employer/school will be able to assist them with that. If they do receive permanent resident status, then they won't have to periodically go through a POE and reenter.

[amberjack1234]

I read this with interest, as my wife and I have discussed this, but I don't know the rules.

 

Our intention was to retire, and live in China, but it is my understanding that we can only own 1 property in China if we are foreigners.

Since we plan on using apartment rental income for retirement, it is important one of us be chinese citizens.

 

If my understanding is correct, this is one advantage of not becoming USC.

Yes, this was exactly the kind of lead I was looking for... Thanks.

You are welcome.

 

Larry

[Randy W]

Neither of you can legally work unless you get p.residence visas or work visa.

That's not much of an issue though. If they do decide to work or study in China, their future employer/school will be able to assist them with that. If they do receive permanent resident status, then they won't have to periodically go through a POE and reenter.

 

 

Even without the permanent residence status, a visa or a residence prmit can often simply be renewed by the local PSB - check with them.

[rogerluli]

Depending on what you feel is important (freedoms), it is nice to have the protection of the US Gov behind you when abroad. Most likely if any problems arise, you'll be deported rather than imprisoned. Less chance of getting separated.

 

 

This is a major issue that often gets glossed over by those planning on living in China the "easy way", having your wife remain a PRCC. What if the totally unexpected happens??? We plan on starting to live in China in 3 1/2 years when I retire. Before that my wife will become a USC. We already own multiple homes in China that we can rent or sell as needs arise but let me tell you that rents in most of China are so low that it is not profitable to rent. Most are doing it waiting for the appreciation on their house to kick in. Having to travel out of China to renew our visas is not a problem since we plan on traveling in southeast asia anyway and may apply for retirement visas in Thailand or Malaysia...

[Urkidding]

If your wife gets USC then she will need a visa to go there, if you plan to retire you will both need to exit get new visas and re- enter every so often. Neither of you can legally work unless you get p.residence visas or work visa. Legally neither of you can start a business, getting loans will be difficult.

 

Houses may have to be rented or bought under a chinese citizens name.

 

but apart from those, its a great idea

 

In China... its not on what you can own... its who you know.

 

Like in the US... Money talks, bs walks...