Spouse visa questions

[chobagui]

thanks for the info, folks! you are all so kind here.....

 

now for a question more to my specific situation: 4+ year live in relationship here in china. recently married here in China. I work here in China. we live in an apartment rented by my company. I have no residence in america at this moment. my work situation is open ended, meaning i don't have a contract with specific dates on it but given the current economic climate and job situation i'll likely stay here awhile. but i'd like to go back eventually (i have kids from a previous marriage that I miss terribly) and the possibility exists that I could find employment back in the USA.

 

given the length of time necessary for getting an immigration visa for my wife (months to years?) what would you more experienced folks recommend as a course of action? start the process now? or wait until i get an actual job and move back and then bring her back? it seems to me the better situation is to start the process over here. once the visa is issued how long do you have to enter the US and establish residency?

 

any and all advice is much welcomed. trying to plan for an uncertain future.

 

rgds

will

[dnoblett]

When you file a petition in country at the US consulate or Embassy, the timing can be as short as 4 months to get a visa. This process is known as DCF or Direct Consulate Filing.

 

A few concerns are US Domicile, this is REQUIRED in order to get the visa, so it is a good thing to work on re-establishing domicile. You need to establish residency in the USA before getting the visa.

 

Maintaining US domicile:

 

• Valid US Driver's license
• Maintaining bank accounts in the USA
• Filing returns to the IRS. (US citizens may be exempt from paying tax on foreign income, however are not exempt from filing a return each year)
• Maintained a mailing address in the USA such as at a relative's home.

Once a visa is issued it will be valid for 3-6 months.