Moving to China for long haul--give up green card?

[canrun]

Hi all,

 

My wife and I will be moving to China this summer for the long haul--I can make a better living there than I can here (I'm an ESL teacher.) I lived in China for over ten years, and did DCF from there, so I sort of know the lay of the land. My wife has a ten-year GC, we will get the re-entry permit which gives us two years' window, but not sure what happens after that. We are looking at 5-7 years back in China for the kid(s) to get through elementary school.

 

So, here's my question, and I know this is a long way out: after the two years are up, are there ANY ways to keep my wife's GC, or will our only option be to give it up and try to get her a tourist visa to come back to the States to visit family? We will not be able to swing six month or even yearly visits, I'm afraid. If we DO give up the GC, how "difficult" is it to get her a tourist visa and then eventually another GC down the line? (I know that is a very specific question, with few if any here having gone through that.)

 

Any thoughts are appreciated! I'm sure it will all get sorted out in due course.

 

Cheers,

Aaron

 

Ps...feel free to move this if it is more relevant in another area of the forum.

[Randy W]

Her green card is valid until it is revoked, which MIGHT happen when she tries to re-enter the U.S. after the 2 years. If you apply for a tourist visa, it might be denied because she has a valid green card.

 

Yes, you can file another I-130

 

Preservation of LPR Status - Maintaining Legal Permanent Resident Status. Zhang & Associates, P.C.

Quote

The Factors Indicating Intent



The intent of a LPR to remain a permanent residence in the U.S. is a key factor in the USCIS's determination of whether the LPR has abandoned his/her permanent residence in the U.S. However, a mere oral or written statement of intent to remain a U.S. resident to the USCIS is not sufficient. Apart from the length of the absence from the U.S., the USCIS will look to many objective facts that reflect the LPR's intent. The major factors that are considered in determining the LPR's intent include:



1. The length of the LPR's absence from the U.S.;

2. The purpose for the LPR's departure;

3. The existence of facts evidencing a fixed termination date for the stay abroad;

4. The continued filing of U.S. tax returns with the IRS in a resident status;

5. The location of the LPR's close family members;

6. The location and nature of the LPR's employment abroad;

7. The maintenance of other ties with the U.S. including mailing address, bank account, ownership of property, driver's license, club membership(s), mortgage, credit card, etc.



The Totality Test to Determine the Alien's Intent



No single factor in the above list is controlling with regard to the alien's intent to maintain legal permanent resident status in the U.S. The USCIS officers will analyze all relevant factors and look to the "totality of the circumstances" to decide.

 

 

 

Returning to or Rescinding Legal Permanent Resident Status -

Quote

If you intend to travel to the U.S. as a non-immigrant, you may wish to file an Abandonment of Lawful Permanent Resident Status Form I-407 to clarify your status. Former LPRs will usually be asked to execute this document and surrender their I-551 (green card) before being issued a non-immigrant visa. The I-407 can be executed on the same day as your non-immigrant visa interview before the interviewing Consular Officer.

I'm sure the above also applies when applying for an IR-1 visa after a long absence. The form I-407 clarifies your present status - if you have not attempted to use a previous green card, it may still be on record as being valid. In other words, when returning to the US after an extended absence but before the green card expiration date, your green card may still be on file as valid. The Immigrations Officer, however, may decline your entry and revoke your green card. To clarify the situation, you may wish to have your spouse file a new I-130, and file the I-407 to conclusively show abandonment of the green card.



The DS-117 may allow you to determine your status before you return.

[dnoblett]

Not long ago someone asked a similar question regarding this, ultimately they decided to abandon green-card at the consulate and apply for a B-2 to visit. The question of immigrations intent was nullified by abandoning green-card so getting B-2 should not be an issue.

 

http://candleforlove.com/forums/index.php/topic/45297-conditional-green-card-holder-not-living-in-the-usa-i-751/

 

The other option is having your wife file an N-400 and become a US Citizen, thus no green-card to maintain, only the normal run around for her to get a visa to China, and then the issues of residency permit to remain in China for an extended period.

[canrun]

 

 

The other option is having your wife file an N-400 and become a US Citizen, thus no green-card to maintain, only the normal run around for her to get a visa to China, and then the issues of residency permit to remain in China for an extended period.

 

Good point! The only thing is that we are going to buy an apartment for her parents (and eventually one for us), so becoming a citizen would make that quite a bit more difficult. So, unfortunately we're not looking at that option.

 

I will maintain addresses, bank accounts, etc. in the U.S. for the duration. This post was basically written because "someone" said on one of the Chinese BBS chat boards that it's possible to remain out of the country without losing the GC. Ultimately, what I think that poster means is that if you are in the military or sent overseas on a government job you can keep the GC, something they apparently did not clarify in Chinese. Ah...the joys of Visahood!

[canrun]

Ps...That link was very useful. Thanks.

[Dennis143]

All the best to you and Helen, Aaron!

[david_dawei]

This post was basically written because "someone" said on one of the Chinese BBS chat boards that it's possible to remain out of the country without losing the GC. Ultimately, what I think that poster means is that if you are in the military or sent overseas on a government job you can keep the GC, something they apparently did not clarify in Chinese. Ah...the joys of Visahood!

I do believe those are two exceptions (goverment/military) but generally claiming it was for your career and she had to follow you doesn't help her keep it.

 

What I think I would do is get the 2 year re-entry... then in that time, towards the end, I would visit the consulate and tell them it doesn't look like you have the time to re-entry and what can you guys do?

 

I am not sure I would simply show up at the airport 3-5 years later and simply give it a shot. At least if you surrender it at some point, your probably ease the chance to get the B-2.

 

Good luck.

Edited February 24, 2013 by david_dawei (see edit history)

[canrun]

 

What I think I would do is get the 2 year re-entry... then in that time, towards the end, I would visit the consulate and tell them it doesn't look like you have the time to re-entry and what can you guys do?

 

Yep...I think that's the best course of action. I'll likely apply for the re-entry permit next month. (Just curious...how far in advance should we do that? We'll likely be leaving in late June.)

 

Dennis: Thanks for the kind words! Lord, we've been back in forth across the Pacific like a ping pong ball it seems!

[canrun]

Sorry...maybe my comment got lost in my greeting to Dennis there. Anyone have an idea how far out this should be done?

 

 

I'll likely apply for the re-entry permit next month. (Just curious...how far in advance should we do that? We'll likely be leaving in late June.)

 

Thanks!

[dnoblett]

I would apply for that at least 3 months prior to leaving country.

 

According to USCIS you have to file the I-131 in the mail because this is not AP, you are applying for a travel document.

 

You will get a NOA-1, and should get a Biometric appointment sometime within a month or so of applying. If for some reason it does not arrive withing the 2 weeks before leaving, schedule an infopass appointment and see about getting the document at the field office.

[canrun]

Ok, I'll get on it first thing next month. Cheers.