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going back home


Hapa77
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There are virtually no women here. One will come by and stay for a bit and then poof gone. But I guess that the men can answer. It seems like, to me, that most go back home at least once a year. Many go back twice a year and there are a few that go back more than 3-4 times a year. We even have one that his wife stays in China for about 6 months a year. My wife has not been back to China in 8 years now. So as you can see it is all over the board as you can imagine. It's like most thing in life there is on one size that fits all. But the norm does seem to be once a year for a month or two. Many surprising things come out of Chinese women that you don't know about when we marry one isn't there.

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Wife goes at least every year with some months overlapping to make it each 9-10 months. Goes for avg of 3 months or so at a time. Tries to time it around holidays or around certain family events or something that needs to be taken care of.

 

As long as nothing is going on here that is more important, why not go and enjoy it before health or finances dictate otherwise.

 

Now we are both older and retired and kids are on their own so it is easier to just pick up and go, so that does make a difference too.

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Word of warning, recently rumor has it that many coming back from China were detained and not allowed in without the spouse coming to get her or having to go through the immigration courts. Here is why:

 

 

The U.S. government expects that green card holders will really live -- that is, make their primary home in -- the United States. In the government's eyes, someone who just wants to jet back and forth between international destinations, and not really settle here, does not deserve a green card. That conflicts with the desires of some immigrants, many of whom operate on the myth that as long as you return to the United States at least once a year, you can keep your green card.

That isn't true. In fact, technically speaking, you can lose your right to a green card after one day outside the United States , if you left with the intention of establishing a home elsewhere. This is referred to as abandonment of residence. Short trips rarely produce such extreme results, of course -- a person returning to the U.S. after a few days isn't likely to face a lot of questions from the border official, who is the one who would have to raise this issue. But the importance of your intentions, and in some cases being able to prove them, is worth bearing in mind as you make your plans.

In fact, trips of up to six months don't usually raise many questions. However, if the trip lasts longer than six months, the questions you'll face upon return will get more probing. And if the trip is longer than a year, you'll raise a presumption that you've abandoned your residency, and have to work very hard to convince the U.S. immigration authorities otherwise. It's best to be able to show that you were kept away longer than expected, for example by a medical problem or the death of a family member. (Bring documentary proof of such events.)

 

http://www.alllaw.com/articles/nolo/us-immigration/travelling-as-conditional-resident.html

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Word of warning, recently rumor has it that many coming back from China were detained and not allowed in without the spouse coming to get her or having to go through the immigration courts. Here is why:

 

 

 

The U.S. government expects that green card holders will really live -- that is, make their primary home in -- the United States. In the government's eyes, someone who just wants to jet back and forth between international destinations, and not really settle here, does not deserve a green card. That conflicts with the desires of some immigrants, many of whom operate on the myth that as long as you return to the United States at least once a year, you can keep your green card.

That isn't true. In fact, technically speaking, you can lose your right to a green card after one day outside the United States , if you left with the intention of establishing a home elsewhere. This is referred to as abandonment of residence. Short trips rarely produce such extreme results, of course -- a person returning to the U.S. after a few days isn't likely to face a lot of questions from the border official, who is the one who would have to raise this issue. But the importance of your intentions, and in some cases being able to prove them, is worth bearing in mind as you make your plans.In fact, trips of up to six months don't usually raise many questions. However, if the trip lasts longer than six months, the questions you'll face upon return will get more probing. And if the trip is longer than a year, you'll raise a presumption that you've abandoned your residency, and have to work very hard to convince the U.S. immigration authorities otherwise. It's best to be able to show that you were kept away longer than expected, for example by a medical problem or the death of a family member. (Bring documentary proof of such events.)

 

http://www.alllaw.com/articles/nolo/us-immigration/travelling-as-conditional-resident.html

I wish the article on the link would have gone into a little more detail. While I have no idea what CBP is profiling at the Q&A POE, I do know for a fact that when you go to your adjustment of status interview for a renew of your 2 year card, 10 year card, and citizenship exam and interview that all of your accumulated time outside of the USA durning the period of time not in just 1 year, but the entire period of your application is both asked for and totaled up to an exact total day count. On ours we had to go through 2 passports, one expired and the new one and count not only the trips, but total days. And it counts for anywhere outside of the USA you have gone, even a quick trip up to Canada or down to Mexico, or even a boat cruise to the Caribbean. It's total days outside the USA that counts, not just China.

 

As stated above, over 6 months is a problem, and a year would be pretty well finished. There are some papers you can file that I don't remember the number to that you can ask permission to extend your length of time outside the USA if you are going to be over that amount of time. If you really are living 2 lives and are scamming, then you will probably get caught up at some point of time. However if it's all on the up and up, as stated above, keep good records that you can show at the POE if asked. If you want to visit a sick relative, attend a class reunion, enjoy a holiday, and kick back with friends on a tour, go for it. It would be easy to prove with receipts and a camera phone.

 

Expect the unexpected, don't lie or embellish the truth, be direct in your answers, and if you don't understand the question there is nothing wrong with asking it to be repeated or to ask a different way as you don't understand the word or question being asked to you.

 

This is another good reason to become a U.S. Citizen when you get the opportunity.

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This link will give you a detailed what if scenario about overstays and CBP questioning at the POE.

 

http://lawandborder.com/risk-abandoning-green-card-abroad-6-months/

 

 

This was an interesting point made in that article (hopefully, not applicable to the OP here) -

 

At the U.S. Port of Entry

At the port of entry, CBP could inspect you just briefly after you wait in line, or CBP could take you to a separate office for detailed questioning (called “secondary inspection”). Then CBP would take one of several actions:

  • Admit you to the U.S. (granting a documentary waiver, if necessary).
  • Refer you to deferred inspection, meaning a later appointment with CBP for further investigation.
  • Allow you to withdraw your application for admission and return abroad.
  • Allow you to relinquish your LPR status (voluntarily give up your green card) and be admitted as a nonimmigrant.
  • Issue a notice to appear for removal proceedings in Immigration Court. Notably, CBP does not have the power to take your permanent resident status away. Only a judge in Immigration Court can do that.

 

Edited by Randy W (see edit history)
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I would add to Randy's post that reality is one thing and reality is another. If it ends up going to a judge, make sure you have representation; otherwise get ready to go back to the detention center. And they will detain you. (Why take the risk?)

 

I understand the need for a Chinese woman or man to come back home and see family, but theymust sooner or later meet the reality that they are changing countries. You don't have to be a citizen. Many Asians I know wait until the very last minute or not at all to get citizenship. They feel they want to easily go back home if need be. And thus a great conflict occurs if support is not provided by you. And most likely, you will be alone a lot of the time.

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Word of warning, recently rumor has it that many coming back from China were detained and not allowed in without the spouse coming to get her or having to go through the immigration courts. Here is why:

 

 

The U.S. government expects that green card holders will really live -- that is, make their primary home in -- the United States. In the government's eyes, someone who just wants to jet back and forth between international destinations, and not really settle here, does not deserve a green card. That conflicts with the desires of some immigrants, many of whom operate on the myth that as long as you return to the United States at least once a year, you can keep your green card.

 

That isn't true. In fact, technically speaking, you can lose your right to a green card after one day outside the United States , if you left with the intention of establishing a home elsewhere. This is referred to as abandonment of residence. Short trips rarely produce such extreme results, of course -- a person returning to the U.S. after a few days isn't likely to face a lot of questions from the border official, who is the one who would have to raise this issue. But the importance of your intentions, and in some cases being able to prove them, is worth bearing in mind as you make your plans.

 

In fact, trips of up to six months don't usually raise many questions. However, if the trip lasts longer than six months, the questions you'll face upon return will get more probing. And if the trip is longer than a year, you'll raise a presumption that you've abandoned your residency, and have to work very hard to convince the U.S. immigration authorities otherwise. It's best to be able to show that you were kept away longer than expected, for example by a medical problem or the death of a family member. (Bring documentary proof of such events.)

 

http://www.alllaw.com/articles/nolo/us-immigration/travelling-as-conditional-resident.html

my wfe has a friend she went through canada(passing through on a connected flight) she was detained for 2 hours. i think the wife also said she had to go back to beijing too.

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My wife has made 4 trips back to the home country, typically no more than a month or two at a time.

 

Twice before becoming a US Citizen and twice after, citizenship has the advantage of no issues upon returning to the states, the last time she returned she had her mother traveling on an IR-5 immigrant visa the POE was JFK and there was a long line, my wife managed to get her mum into the resident/citizen line and able to get through customs much faster another advantage of citizenship.

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my wfe has a friend she went through canada(passing through on a connected flight) she was detained for 2 hours. i think the wife also said she had to go back to beijing too.

The issue in this case was Canada, they can be strict about persons traveling through Canada who are not citizens or residents of the USA without a visa for Canada, green-card holders need what Canada calls an Electronic Transit Authorization.

 

http://candleforlove.com/forums/topic/48686-visiting-or-transiting-through-canada-by-air/

 

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=420&top=16

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my wfe has a friend she went through canada(passing through on a connected flight) she was detained for 2 hours. i think the wife also said she had to go back to beijing too.

The issue in this case was Canada, they can be strict about persons traveling through Canada who are not citizens or residents of the USA without a visa for Canada, green-card holders need what Canada calls an Electronic Transit Authorization.

 

http://candleforlove.com/forums/topic/48686-visiting-or-transiting-through-canada-by-air/

 

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=420&top=16

 

my understnding to this my wife should be fine traveling she has a U.S GReen card and her final destination is shanghai

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Your wife will be just fine. My wife came home from Fushun in early April after a 3 1/2 month stay. She got welcome home words and smiles from all of the officials in Dulles Airport when she came back. Ya pretty much have to be looking for trouble (to get into trouble). Normal trips with no pushing the limits each time, they aren't harassing people just to do it.

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Your wife will be just fine. My wife came home from Fushun in early April after a 3 1/2 month stay. She got welcome home words and smiles from all of the officials in Dulles Airport when she came back. Ya pretty much have to be looking for trouble (to get into trouble). Normal trips with no pushing the limits each time, they aren't harassing people just to do it.

 

Wenyan had better been greeted that way upon her return via Dulles. My heart rate starts to rise and my palms get sweaty just thinking about the wrath of Buddha that could have been released upon them had they not treated Wenyan any other way. There is no limit to the amount of bad karma and wet mopping that could have been. I shudder and shake just thinking about how quickly our older, truly pissed off and in a bad mood Chinese wives can become, if provoked enough. The stare alone can make million year old granite crack, let alone some lowly TSA line greeter who is not being polite and smiley.

 

All joking aside, I concur that everything will be just fine.

 

You just have to keep it in perspective what you are hearing and reading, and the source of your information.

 

Knowing that it may have come from your wife's girlfriends cousin, who heard it at work from her coworkers brothers sister, who overheard the waitress talking about what she had read on 001 last week and confirming it with a Wikipedia article that she remembers reading about last year, thus becoming the Chinese wives heard it though the grapevine gospel truth.

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Your wife will be just fine. My wife came home from Fushun in early April after a 3 1/2 month stay. She got welcome home words and smiles from all of the officials in Dulles Airport when she came back. Ya pretty much have to be looking for trouble (to get into trouble). Normal trips with no pushing the limits each time, they aren't harassing people just to do it.

well, our flights will be passing through canada thats why im asking. i wouldnt think it would be a problem because shes not leaving the airport just passing through to get home on the other side of the lake, but you never know.

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