Married in the US but want to live abroad

[Guest shenkirk]

Greetings,

 

To those of you who think they read this before, I apologize. My friend wrote in for me and I would like to add a few details.

 

I've been with my wife for the past 6.5 years (I've been living in China for most of that time). She's been to the US on a tourist visa 4 times (per the US rule that no new interview is required if applying for a visa within 1 year (reduced from 5) of the expiration of the previous visa).

 

Anyway, we wanted to get married and asked around for the best way to do it. I contacted one of my senators and his staff recommended that since we don't intend on moving to the US in the indefinate future, my wife (fiance at that time) should come to the US on a tourist visa, get married, and then we could go back to China. And so we did.

 

Now that we are married (and back in China), we would like to begin the process of changing her citizenship. However, we still do not wish to move back to the US unless it is absolutely necessary (ie. pregnancy). We only want to have the freedom to go back to visit my family on an annual basis while maintaining our lives abroad. What should we do?

 

I do not believe this would qualify as visa fraud as we did not remain (nor have any intention to remain) in the US. Whatever we do, we will keep you updated. Thank you for your help.

[warpedbored]

It would still be visa fraud regardless of yourintentions because the reason for going would be to adjust status not be a tourist. The risk is too high in my oppinion. It could result in a very long or even lifetime ban from entering the US.

[lele]

Greetings,

 

To those of you who think they read this before, I apologize.  My friend wrote in for me and I would like to add a few details.

 

I've been with my wife for the past 6.5 years (I've been living in China for most of that time).  She's been to the US on a tourist visa 4 times (per the US rule that no new interview is required if applying for a visa within 1 year (reduced from 5) of the expiration of the previous visa). 

 

Anyway, we wanted to get married and asked around for the best way to do it.  I contacted one of my senators and his staff recommended that since we don't intend on moving to the US in the indefinate future, my wife (fiance at that time) should come to the US on a tourist visa, get married, and then we could go back to China.  And so we did.

 

Now that we are married (and back in China), we would like to begin the process of changing her citizenship.  However, we still do not wish to move back to the US unless it is absolutely necessary (ie. pregnancy).  We only want to have the freedom to go back to visit my family on an annual basis while maintaining our lives abroad.  What should we do?

 

I do not believe this would qualify as visa fraud as we did not remain (nor have any intention to remain) in the US.  Whatever we do, we will keep you updated.  Thank you for your help.

Hold on!

 

I have a question that needs to be answered first:

 

1. You state that you want to *change* her citizenship

 

but then

 

2. You claim that you only want to go back and forth to the US to be able to visit the family.

 

Currently the *law* in both China and in the US prevents people from being citizens of *both* nations simultaneously (although I know of a small number who currently hold passports to both). So, I must ask you this question, does she want to become an AMERICAN CITIZEN, or merely obtain a Green Card, so that she can travel back and forth unimpeded. Note that in order to keep the greencard, she *may* have to have a permanent address in the US, and will definitely have to come to the US at least 1 time every year.

 

Please note that if she obtains a US CITIZENSHIP, that it may then be very difficult for you and she to live in China in the future, although with laws changing, there is no way to tell if it will get easier or more difficult in the future.

 

Good Luck!

[Guest shenkirk]

1.

 

We didn't change her status while in the US. We merely got married and then came back to China.

 

2.

 

She would give up her Chinese citizenship but we would still live here. It would not be more difficult for us to do that than it already is for me. She would just need to get a Chinese visa while she was here.

[lele]

1.

 

We didn't change her status while in the US.  We merely got married and then came back to China.

 

2.

 

She would give up her Chinese citizenship but we would still live here.  It would not be more difficult for us to do that than it already is for me.  She would just need to get a Chinese visa while she was here.

2. Right now, if you stay married and in china for not much longer, so long as she remains a citizen, you can apply for a Chinese green card, which will entitle you to all of the rights of a citizen there

 

and also, it is *hard* to get an employment visa as a FORMER Chinese citizen to work back in China again, unless you have some type of advanced degree (PhD/Law Degree) or are investing *large* sums of money.

 

However, if she obtains a green card, she does not need to give up her Chinese passport, and it will not prevent you from obtaining an easier status.

 

Since it seems you want to live in China, I would strongly recommend if anything your moving closer to being able to stay in China, rather than her giving up your link to China! Just my own 2cents however.