Moving to China need advice

[Avs81]

Hello all!

 

I haven't been to this site in a while but I found I'm welcome no matter how long I'm away! I have a few problems that I think you guys can help me with, I will number them below so my questions don't get too cluttered.

 

1. I am moving to China because of work in July this year temporarily, and my wife's K1 Visa will be expiring in October after 2 years. I know we have to renew it 90 days before the expiration date so I'm a little nervous that we are leaving when the 10 year visa green card will be starting.

My question is: Is there always an interview? Can I tell them in the papers I have to send July 1st why I cant be there for an interview? Or is it random and they interview some people but not everyone? I think we can send out the paperwork July 1st but I'm not sure on the turnaround time though.

 

2. My second question (I know I asked several questions in my first question though)is: If we move to China how long can my wife stay there with me? I'm not sure how long I will be staying there, I think 6 months but I'm not sure. One thing I am worried about is when we send out her papers to file for the 10 year green card, should she stay here and wait to travel until she has the new green card?

 

Thank you for taking the time to answer my long questions. I will be checking back here frequently to answer any questions anyone has. Thanks.

 

Bill and Wen

Edited April 4, 2011 by Avs81 (see edit history)

[dnoblett]

1) The visa expired long ago, it is voided the moment it is used to enter the USA. You should have a 2 year conditional green-card by now. You will be filing to remove the conditions on the 2 year green-card. A Green-card is not a visa. Rarely there is an interview when removing conditions. Filing I-751, tends to take anywhere from 4 - 6 months to process with the longest cases going up to 1 year. The resulting receipt letter acts as a green-card extension valid for 1 year. Note there will be a biometrics appointment a month or so after filing the I-751

 

2) Can remain out of the USA up to 1 year on a green-card, periods longer than that will require a re-entry permit to be applied for, or a returning resident visa. However USCIS can determine that any period of absence is abandonment of residency status even periods as short as 6 months.

 

Once have the I-751 extension letter, is is best to visit USCIS field officer via Info-Pass appointment, and request an I-551 stamp in passport, it has been reported about having problems leaving China with just an expired green-card, and the extension letter.

[Avs81]

Dan,

 

Thanks for your reply, sorry about getting the terms wrong your right its green card not a visa. So we have to wait for the extension letter and then we can make an appt via the info pass to get the stamp on the passport to cover all of our bases, sounds good to me.

 

But I'm not sure when i am leaving in July so she might have to stay behind to do all of those things...thanks for the advice, I will see where the closet field office is in Massachusetts.

 

One more thing, my wife got her fingerprints done when she got her green card after we got married. Why would they need to take fingerprints (biometrics) a second time?

 

Bill

[dnoblett]

Dan,

 

Thanks for your reply, sorry about getting the terms wrong your right its green card not a visa. So we have to wait for the extension letter and then we can make an appt via the info pass to get the stamp on the passport to cover all of our bases, sounds good to me.

 

But I'm not sure when i am leaving in July so she might have to stay behind to do all of those things...thanks for the advice, I will see where the closet field office is in Massachusetts.

 

One more thing, my wife got her fingerprints done when she got her green card after we got married. Why would they need to take fingerprints (biometrics) a second time?

 

Bill

 

Info-Pass system here: http://infopass.uscis.gov/

Locate field office here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO

 

Yes kind of dumb to have to visit USCIS to get a picture, prints, and signature done again when removing conditions, but it is S.O.P. with USCIS, they do this for all applications, and do not seem to keep them on file.

[Avs81]

Dan,

 

Thanks for the links, I cant believe that they don't keep them on file...unreal.

 

Well then wifey will be staying behind to get all that jazz done. Thanks again for the help!

 

Bill

[Mick]

Dan,

 

Thanks for your reply, sorry about getting the terms wrong your right its green card not a visa. So we have to wait for the extension letter and then we can make an appt via the info pass to get the stamp on the passport to cover all of our bases, sounds good to me.

 

But I'm not sure when i am leaving in July so she might have to stay behind to do all of those things...thanks for the advice, I will see where the closet field office is in Massachusetts.

 

One more thing, my wife got her fingerprints done when she got her green card after we got married. Why would they need to take fingerprints (biometrics) a second time?

 

Bill

 

As to the fingerprints, there is no logical reason, just the way they do things. Start to finish, my wife was fingerprinted seven times.

[chilton747]

Dan,

 

Thanks for your reply, sorry about getting the terms wrong your right its green card not a visa. So we have to wait for the extension letter and then we can make an appt via the info pass to get the stamp on the passport to cover all of our bases, sounds good to me.

 

But I'm not sure when i am leaving in July so she might have to stay behind to do all of those things...thanks for the advice, I will see where the closet field office is in Massachusetts.

 

One more thing, my wife got her fingerprints done when she got her green card after we got married. Why would they need to take fingerprints (biometrics) a second time?

 

Bill

 

As to the fingerprints, there is no logical reason, just the way they do things. Start to finish, my wife was fingerprinted seven times.

 

 

JMO but I think the reason for the extra finger prints is to keep people from swapping places. Probably a common trick in the past.