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China Law Permits return Visit When???


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Sent I-129F K-1 to Texas Service Center. Received it on may 25 2004.

I have heard my Fiancee must wait 5 Years!! by the laws of China

before she can return to China as a US citizen. Can anyone verify this for me? Please respond if you have information you can tell me at all PLEASE let me know. Many thanks!!

 

Drew

 

 

 

 

 

 

 

 

 

 

 

Texas Service Center Approved I-129F K-1 Jul 26 2004.

 

NVC received Approved Pettion Aug 5

 

NVC security check cleared Aug 16, & sent the same day to Guangzhou, China US Embassy.

 

Arrivedin GUZ customs Aug 19 & then cleared customs & Delivered to US Embassy Sep 14.

 

Fiancée recieved P3 packet Sep 21 returned P3 packet to GUZ Sep 23.

 

Interview March 21<3

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I don't know anyone who has made the transition from Permanent Resident (Green Card) to Citizen. If you are just waiting for interview, citizenship is a long ways away. Years in fact. My friends all are Permanent Residents and have no problem visiting China. Even during the first year after arriving as long as you have reentry permission from USCIS there is no problem with a visit. Several people I know live in China and only visit the U.S. once or twice a year. Others have jobs that send them back and forth every few weeks.

 

I've never heard of the problem you mention, but why worry it would be over 7 years for citizenship.

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Yes, she will have to wait at least 5 years to return to China as a US citizen as that is about how long it takes for AOS to temp Green card, permanate green card and then applying for citzenship. If you read the US pages regarding naturalzation, aways down the page it give special info for K visa or maybe all spouses saying that three years is all it takes for them after becoming a permanate resident.

I am too lazy right now to go look it up but you should have no problem finding it.

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...

 

I have heard my Fiancee must wait 5 Years!! by the laws of China before she can return to China as a US citizen.

 

...

You have to take the two parts of your statement together - she must wait 5 years to return to China AS a US citizen (actually longer than that - she can APPLY for US citizenship once she has her permanent green card for 5 years - not sure about timelines as to how long it actually takes), but she can return to China as a Chinese citizen with her US green card at any time.

 

And as others have mentioned, this has nothing to do with Chinese laws. In fact, I remember hearing a rumor at some point that China was considering allowing Returnees (that is former Chinese citizens that have emigrated to other countries but then returned to China to work, generally after pursuing higher degrees abroad) back in China without Chinese visas. That is, their PRC citizenship would no longer be recognized, but they'd be able to come back in without going through visa hassles. The purpose of the proposal was to encourage more Returnees and stop the brain drain as people left China. I heard this from a head hunter in Shanghai like 4 years ago, and nothing since, so I guess it never happened. Too bad.

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The wait to apply for citizenship is 3 years, if based on marriage to a USC, and 5 years otherwise. You can apply 3 months prior to the 3 or 5 year anniversary of receiving your green card - conditional or not. The naturalization process takes about a year.

 

It is not uncommon to have your citizenship application running at the same time as AOS. The citizenship application will force approval of the ten year green card if it has not been issued yet.

I stand corrected. Thanks for clearing up the timing don.

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