Visa application -- now or later ?

[ciaociao 0]

This might not be the right place to ask, but ...

We're halfway through the process of obtaining K3 visas

for my wife and daughter -- we were planning on returning

to the US to live this summer.

But, now, my company has decided they want me to remain

in China for another 5 years or so. So, now we're wondering if

we should continue with the visa application process, or not ?

Some specific questions are ...

(1) If we quit, then next time we apply (maybe 5 years from now),

we'll have to start all over again from scratch, right ?

(2) Are there any US residence requirements for Green Card holders ?

Are they required to reside in the US for a certain number of

days per year, or are they required to visit the US periodically,

for example ?

(3) Are there any disadvantages to holding a green card ? US taxation,

for example ?

thanks

[HeatDeath 430]

This might not be the right place to ask, but ...

We're halfway through the process of obtaining K3 visas

for my wife and daughter -- we were planning on returning

to the US to live this summer.

But, now, my company has decided they want me to remain

in China for another 5 years or so. So, now we're wondering if

we should continue with the visa application process, or not ?

Some specific questions are ...

(1) If we quit, then next time we apply (maybe 5 years from now),

we'll have to start all over again from scratch, right ?

(2) Are there any US residence requirements for Green Card holders ?

Are they required to reside in the US for a certain number of

days per year, or are they required to visit the US periodically,

for example ?

(3) Are there any disadvantages to holding a green card ? US taxation,

for example ?

thanks

1) Yes.

2) Yes. You are required to maintain a permanent residence in the US. You are expected to spend at least 50% of your time in the US. Simply visiting periodically will not be enough.

3) Yes. Green card holders have to pay US taxes on worldwide income. This is sometimes ameliorated by tax treaties, but I don't know [and somewhat doubt] if there is a tax treaty with China that will save you from paying US taxes on your Chinese income.

If you, your wife and daughter are planning on staying in China for 5 more years, I would recommend cancelling the visa application process, cutting your losses now, and starting from scratch in 5 years.

The only exception might be if you were in a situation where your daughter was in fact a step-daughter who was getting close to turning 21, and/or reasonably likely to marry in the next 5 years. That would add a certain urgency to the situation. Stepchildren over the age of 21 are significantly more difficult to sponsor, particularly if they are married. They cease to be considered "immediate relatives" at that point, and begin to look at long waiting times for visa availability.

Your biological daughter would, of course, be a US citizen by birth, and not subject to these issues.

[ciaociao 0]

Thanks very much.

> The only exception might be if you were in a situation where your

> daughter was in fact a step-daughter who was getting close to turning 21,

Our daughter is, in fact, my step-daughter.

She is 12 years old, now, so she might be 17 by the time

we go back to the US. I vaguely recall that her being over

16 makes some difference in some visa application process.

I don't suppose she'll be getting married anytime in

the next 5 years. I hope not, anyway.

[HeatDeath 430]

As far as I can remember, being over 16 will require her to go to the biometric appointments, and get some extra vaccines [maybe]. So it's extra money, but not really a big deal. The age-out points that become problematic are 21 and [maybe] 18. If you've legally adopted her, that helps, and if you start the process before she's 18, that helps too.

Edited January 5, 2011 by HeatDeath

[pushbrk 12,106]

As far as I can remember, being over 16 will require her to go to the biometric appointments, and get some extra vaccines [maybe]. So it's extra money, but not really a big deal. The age-out points that become problematic are 21 and [maybe] 18. If you've legally adopted her, that helps, and if you start the process before she's 18, that helps too.

Just adding that I completely agree with HeatDeath's advice. One option not discussed is to simply let the petitions be approved and sent to the National Visa Center. Then, go ahead and respond to the choice of agent request and let NVC sit on the cases for up to a year from that point. It just keeps your options open without costing you anything or harming your chances later. It's even possible you could get the previously approved I-130 petitions sent back to NVC when you're ready, without starting over but I wouldn't count on that.

Be aware there is really no viable K3 process anymore. The visas you'll be seeking later on are IR1 for the spouse and IR2 for the step daughter.

[ciaociao 0]

> One option not discussed is to simply let the petitions be approved and sent

> to the National Visa Center. Then, go ahead and respond to the choice of agent

> request and let NVC sit on the cases for up to a year from that point.

Yes, we thought about that -- I guess we are one of the few people for whom

the slowness of the process might actually turn out to be an advantage :-).

So, we might be able to drag things out for a year or so, but not much more, right ?

In my own research, I found this stuff on the USCIS web site ...

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the “Travel Documents” link to the left under “Green Card Processes & Procedures.” If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate.

If I'm reading that correctly, it says that being outside the US for up to a year

at a time would be OK. If that's true, then we could go ahead and get Green Cards

and just go back for a visit once a year. If the I-131 procees is not too long

or difficult, that might work, right ?

[pushbrk 12,106]

> One option not discussed is to simply let the petitions be approved and sent

> to the National Visa Center. Then, go ahead and respond to the choice of agent

> request and let NVC sit on the cases for up to a year from that point.

Yes, we thought about that -- I guess we are one of the few people for whom

the slowness of the process might actually turn out to be an advantage :-).

So, we might be able to drag things out for a year or so, but not much more, right ?

In my own research, I found this stuff on the USCIS web site ...

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the “Travel Documents” link to the left under “Green Card Processes & Procedures.” If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate.

If I'm reading that correctly, it says that being outside the US for up to a year

at a time would be OK. If that's true, then we could go ahead and get Green Cards

and just go back for a visit once a year. If the I-131 procees is not too long

or difficult, that might work, right ?

It MIGHT work but there's no guarantee it will. You'll want to read all the other information at that same page regarding maintaining permanent resident status. The CBP can decide on the spot that you are not "residing" in the USA anymore and deny you entry. If you were to have her come here long enough to establish a bank account and obtain a State identification card, it would help.

[Darnell 8,478]

oh - there's some stuff to be done for 'go slow' - always..

but - before I talk about that -

Since yer hoping for K-3/K-4 visas -

you DID file an I-130 on the stepchild, yes? If not, do so this week.

-----

Once the petition leaves USCIS - it's in some 'circling' pattern

between the mailroom and the 'casefile' area - at some point -

the casefile is opened, an NVC/Consular Casefile # assigned -

and

THEN - at this point - the clock starts...

You have up to one year, IIRC, from the date the NVC/Consulate Casefile # is assigned to 'documents complete' time tick at NVC -

but even then, after 'documents complete' -

there is still 'final review process' - which could take anywhere from 2 to 6 weeks, depending on whats in the casefile + the visa application stuff + the workload.

then - if you NOT DO NVC Electronic Processing - GUZ IV MUST set the appointment -

and

they won't do that until the physical casefile SHOWS UP in the mailroom at GUZ IV -

and

that doesn't happen until the casefile is released from the China Customs Clearing House (think of it as a bonded warehouse for imports in the USA - same concepts there, mostly) - and it could take anywhere from 1 to 5 months for the casefile to clear out of this customs house. Right PRIOR - DHL was utilised to get the casefile INTO CHINA, and from NVC to China, is about 5 days.

then, poking along, someone in the mailroom actually opens the casefile, and sends out the appointment letter.

EVEN THEN - once the appointment date is set - you can RESCHEDULE the appointment - you have about 1 year from the time that GUZ IV opens the casefile to interview date. If you 'went slow' , as much as possible, you'll need to get new police reports, and schedule the medical exam for about 3 weeks prior to the actual (final) interview date.

Good Luck !

[pushbrk 12,106]

oh - there's some stuff to be done for 'go slow' - always..

but - before I talk about that -

Since yer hoping for K-3/K-4 visas -

you DID file an I-130 on the stepchild, yes? If not, do so this week.

-----

Once the petition leaves USCIS - it's in some 'circling' pattern

between the mailroom and the 'casefile' area - at some point -

the casefile is opened, an NVC/Consular Casefile # assigned -

and

THEN - at this point - the clock starts...

You have up to one year, IIRC, from the date the NVC/Consulate Casefile # is assigned to 'documents complete' time tick at NVC -

but even then, after 'documents complete' -

there is still 'final review process' - which could take anywhere from 2 to 6 weeks, depending on whats in the casefile + the visa application stuff + the workload.

then - if you NOT DO NVC Electronic Processing - GUZ IV MUST set the appointment -

and

they won't do that until the physical casefile SHOWS UP in the mailroom at GUZ IV -

and

that doesn't happen until the casefile is released from the China Customs Clearing House (think of it as a bonded warehouse for imports in the USA - same concepts there, mostly) - and it could take anywhere from 1 to 5 months for the casefile to clear out of this customs house. Right PRIOR - DHL was utilised to get the casefile INTO CHINA, and from NVC to China, is about 5 days.

then, poking along, someone in the mailroom actually opens the casefile, and sends out the appointment letter.

EVEN THEN - once the appointment date is set - you can RESCHEDULE the appointment - you have about 1 year from the time that GUZ IV opens the casefile to interview date. If you 'went slow' , as much as possible, you'll need to get new police reports, and schedule the medical exam for about 3 weeks prior to the actual (final) interview date.

Good Luck !

Actually, the one year clock restarts at NVC every time they ask for something, so it's not just the one year from case number to case complete. Each time they send a notice that includes the phrase, "if we do not hear from you...." the clock has restarted. Also, an I-130 approval doesn't "expire" like the I-129F approval does, so once the file is "open" in Guangzhou, you can delay the interview for quite some time, then delay entry for up to six more months from visa issue.

[ciaociao 0]

> It MIGHT work but there's no guarantee it will. You'll want to read all the

> other information at that same page regarding maintaining permanent resident status.

> The CBP can decide on the spot that you are not "residing" in the USA anymore and

> deny you entry. If you were to have her come here long enough to establish a bank

> account and obtain a State identification card, it would help.

Yep, I read all that stuff. Thanks.

She lived in the US for a couple of years, so she has a US bank account,

California Drivers License, SS card, etc. The big thing we're missing,

I guess, is a US residence -- we don't have a home in the US. I suppose

there are ways to fake this, but that's always risky. Or, I suppose I

could buy a cheapo condo somewhere, but that seems like a pretty extreme

measure just to keep a Green Card.

The simple approach is to just start all over again in 5 years. But we have

expended *enormous* amounts of effort gathering all the required documents

and fighting with government departments in three countries.

Much more than usual, even, because my wife's background is complex.

So, we're dreading the thought of having to do all that stuff over again.

If I have to buy a condo to avoiding repeating this agony, then maybe I will.

But, with help from the kind folks here, maybe I can conclude that those sorts

of extreme measures are not necessary. Thanks again.

[pushbrk 12,106]

> It MIGHT work but there's no guarantee it will. You'll want to read all the

> other information at that same page regarding maintaining permanent resident status.

> The CBP can decide on the spot that you are not "residing" in the USA anymore and

> deny you entry. If you were to have her come here long enough to establish a bank

> account and obtain a State identification card, it would help.

Yep, I read all that stuff. Thanks.

She lived in the US for a couple of years, so she has a US bank account,

California Drivers License, SS card, etc. The big thing we're missing,

I guess, is a US residence -- we don't have a home in the US. I suppose

there are ways to fake this, but that's always risky. Or, I suppose I

could buy a cheapo condo somewhere, but that seems like a pretty extreme

measure just to keep a Green Card.

The simple approach is to just start all over again in 5 years. But we have

expended *enormous* amounts of effort gathering all the required documents

and fighting with government departments in three countries.

Much more than usual, even, because my wife's background is complex.

So, we're dreading the thought of having to do all that stuff over again.

If I have to buy a condo to avoiding repeating this agony, then maybe I will.

But, with help from the kind folks here, maybe I can conclude that those sorts

of extreme measures are not necessary. Thanks again.

You can use a family member's address as your US domicile. It's common and NOT "fake".

[ciaociao 0]

> You can use a family member's address as your US domicile.

> It's common and NOT "fake".

No family except an ex-wife, unfortunately.

But, thanks for the suggestion.

[pushbrk 12,106]

> You can use a family member's address as your US domicile.

> It's common and NOT "fake".

No family except an ex-wife, unfortunately.

But, thanks for the suggestion.

A friend, even a rented room will do.

[Darnell 8,478]

regardless of what her status is -

the USCitizen MUST be able to prove up, by interview day -

either

--established domicile in usa or

--intent to re-establish domicile in USA

The first one is straight-forward (lease in hand, proof of lease payments, at a minimum)

and the second one is vapor-ware - as each VO reviews 'intent' in a different fashion - and I can't tell you what even the baseline looks like.

Regardless, there's no way to get around that one requirement for the USCitizen - so please make some time to formulate yer strategy for domicile in the USA, tying it in with yer calendar for 'events'.

Good Luck !

ps to Push - wow - 1 year per thing at NVC? OK !

[pushbrk 12,106]

ps to Push - wow - 1 year per thing at NVC? OK !

Yeah, you can check your own notices to see the wording but I've seen many. I've also seen cases go into essentially AP that lasts over a year at NVC.