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Returning to US after 10 months in China / Chinese Passport Expiration

Residency Domicile

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#1 kdavid3

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Posted 01 October 2017 - 10:13 PM

Hello All,

 

My wife was issued a ten-year green card late 2014. She was in the US for almost three straight years until late May 2017.

 

She and my two boys have accompanied me to China for research. We'll have been here for ten months by the time we return late March 2018.

 

I understand an advanced parole is suggested for individuals who will be abroad for longer than 12 months. As I mentioned, we'll only be 10.

 

Three questions:

 

1. Given the current political climate regarding immigration, is there any reason to believe that my wife will be given any grief? I have plenty of documentation to prove our trip abroad was temporary, and that our home is indeed in the US.

 

2. My wife's Chinese passport will expire June 2018, about 3 months after we return late March 2018. Her green card is good through 2024. Will the expiration of her Chinese passport cause any problems?

 

3. Given everyone's experience, is there anything else I should do to ensure we all successfully pass immigration/customs upon our return?

 

Thanks!



#2 Randy W

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Posted 02 October 2017 - 10:47 AM

Seems like you would want to renew your wife's passport in China, before returning.

 

You can expect her to be pulled aside and questioned about her stay in China, but it sounds like you will be well prepared for that.

 

All in all, it sounds like you've done everything you reasonable can to be prepared, especially if you have maintained the same address (? - I'm guessing that you have, and that it's a BIG plus if so)

 

Don't place too much stock in the fact that 10 months is less than 12 - ANY stay outside of the U.S. can be cause for abandonment of the green card, if you appear to have abandoned your residence.



#3 dnoblett

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Posted 02 October 2017 - 11:06 AM

Another hallmark of maintaining residency is filing a tax return every year, I am assuming you filed a joint return during the 10 months away from the states. 



#4 Randy W

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Posted 02 October 2017 - 11:50 AM

Another hallmark of maintaining residency is filing a tax return every year, I am assuming you filed a joint return during the 10 months away from the states. 

 

 

The time out of country is May, 2017 to March, 2018 - no tax returns are due.


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#5 MikeandRong

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Posted 02 October 2017 - 06:21 PM

One thing important to remember when your wife renews her passport while still in China, is to tell the worker that she wants the old one back once she gets the new one. In our case at the time, they kept the old one and only gave her the new one. It required 2 extra trips back to talk to the passport worker along with some help from a friend who knew another worker who just happened to work there too. The original had all the previous visas in addition to the proof of exit/entrystamps that was needed at a later time durning an interview back at USCIS here at home by the case officer.

#6 kdavid3

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Posted 03 October 2017 - 12:47 AM

Thanks for your replies!

 

Yes, we've paid taxes (filed jointly) each year. I'll pay our 2017 taxes before our departure late March, granted I have all the documents needed to file.

 

We've been at the same residence since 2014. We were fortunate enough to sub-let our apartment, so we have the lease and all relevant bills, bank statements, etc.

 

My fellowship has been provided by the US Dept. of Education, so will have those documents as well.

 

Just wanted to make sure nothing weird was going on that I was unaware of.



#7 Randy W

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Posted 03 October 2017 - 03:31 AM

Thanks for your replies!

 

Yes, we've paid taxes (filed jointly) each year. I'll pay our 2017 taxes before our departure late March, granted I have all the documents needed to file.

 

We've been at the same residence since 2014. We were fortunate enough to sub-let our apartment, so we have the lease and all relevant bills, bank statements, etc.

 

My fellowship has been provided by the US Dept. of Education, so will have those documents as well.

 

Just wanted to make sure nothing weird was going on that I was unaware of.

 

 

The returns aren't due until April (June with a 2 month "out of country" extension) - no one would be expecting to see them before April 15 - your choice, of course.


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