Keeping the green card

[KevinNelson]

Here is my situation: I'm applying for a green card for my wife. (We have been married for four months now.) We hope to go to the States to attend my son's wedding. But we really do not have any immediate intention of remaining in the United States for more than a few weeks or a month. After that, we both return to Xi'an to resume our regular jobs. While here, I will be getting an MA degree which I trust can later land me a good job in the States later on. My work here is relevant to the MA degree (TESOL).

 

(We are going for the green card simply because we have heard it is nearly impossible for my wife to get a visitors visa since she is married to me.)

 

After I get my MA degree, we then plan to return to the States for a number of years, probably three or four years. (Without that TESOL degree, it would be nearly impossible for me to get a good job in the States that I can physically do.) Then after everything has settled with my father and family, we plan to return to China with both of us having U.S. citizenship.

 

My question is this: Between the time we get that green card, and our first trip to the States, until the time we really can settle down in the States for any extended time, is between two or three years. What will we need to do during those three years to keep her card valid? Would it be better to simply let the green card expire while here in China and then re-apply later when I know we will be going back for a longer period of time?

 

Thanks

[Randy W]

It should be POSSIBLE to maintain the green card during that time with regular (less than six months apart) visits to the U.S., BUT . . .

 

USCIS - After a Green Card is Granted Now That You are a Permanent Resident - Rights and Responsibilities

Quote

Maintaining Permanent Residence
You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

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 US for more than one 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 US may be considered, even if it is less than one year.
• Remain outside of the US for more than two 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 US may be considered, even if it is less than one year.
• Fail to file income tax returns while living outside of the US for any period.
• Declare yourself a "nonimmigrant" on your tax returns.

 

[dnoblett]

You will also run into the requirement to remove conditions on the 2 year green-card, this get's tricky to do if you have not resided in the USA.

 

Another member ran into this, they ended up deciding to give up the green-card and immediately applied for a visitor's visa, the consulate had no problems issuing the visit visa because going through the whole green-card process and then turning it in shows no immediate immigration intent. They plan on later applying for another spouse visa DCF.

 

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

 

HOWEVER, have you even tried to apply for a visit visa? If you both show ties to China, Jobs, residence, cash in the bank, they very well may issue a visa. Some members have had no issues getting a visit visa for spouse, and now with some easing of restrictions with the 10 year multiple use visas who knows it may not be as difficult as in the past.

 

Another issue, is CCP, from what I see it is not a factor for visitors, this ground of inadmissibility tend to apply to green-card immigrant visas, and not to visitors.

[tsap seui]

Randy and Dan have great advice.

 

Please don't hold back from trying to get a visitor's visa based on what others say. Yes, they can be very difficult to get, but we see more and more of them given out these days. You have a compelling case with your studies towards a MA, and related work towards that goal in ChIna.

 

I hope it works out for you to get a visitor's visa. You will spend a bit of cash and go through a lot of stress on trying to get a CR-I visa that you only plan on using for 2 to 4 weeks, basically as a visitors visa. And you've got that pesky CCP issue hanging over your heads on top of everything else...

[Scott@Hong]

You mention you would eventually return to China to live once you both have US citizenship? Keep in mind your wife would not be allowed to have dual citizenship and owning property in China is difficult without a Chinese citizen or business having some attachment to the property.

Just something to keep in mind for the long term.

[KevinNelson]

At this point, my wife has passed the interview for the CR-1. So we still seem on track for getting to the States for my son's wedding. Thank you everybody for your input.

[tsap seui]

Great to see your wife passed the interview, Kevin. Always nice to see success.