10 year green card about up, now we are moving to China and...

[LouBen]

Hi All,

 

Wow, can't believe how long it's been since we got married in the USA (over 12 years). CFL was a HUGE help, thought I would reach out for any helpful ideas again.

 

She's Chinese, we were married in the USA and her 10 year visa will expire next year in Oct. Our kids are grown and settled here and we will semi retire in China next year. So... what to do about her USA immigration status. We are not going to come back here twice a year to keep her permanent status, maybe once ever 1 or 1-1/2 years. Should we just get her a travel visa each time? Can she have a green card and stay outside the USA more than 6 months. Any ideas?

 

Thanks!

[dnoblett]

Green card is not a visa, it is for permanent residence in the USA, if the POE determines that residing in China they can revoke it any time upon entry. Can be out of country up to a year, however lots of questions are asked if more than 6 months. Can file an I-131 for a re entry permit, which would allow for extended leave up to 2 years but may need to show reason for such a long absence.

 

Two options.

1) She naturalize and become a US Citizen, get a US passport and like You deal with visas and long term residency permits to live in China.

Or.

2) Turn in the green card at a US Consulate, and file an I-407 in China and then apply for a US B-2 Visit visa, no need to apply for one every time you want to visit, it will be a 10 year multi use visa. See: http://candleforlove.com/forums/topic/45297-conditional-green-card-holder-not-living-in-the-usa-i-751/?p=595197