DanKearney

Wow! I had no idea that it was possible to become naturalized after only three years. We've never discussed it because I didn't know about it. That would obviously solve one problem, but could possibly open up another with the hiring company in Hong Kong. She'll have to talk to the hiring company to see what they think about it.

I read the forms and instructions and went down the eligibility flow chart and it looks clear that we could send in the paper work right now.

It's about time for our nightly chat session, so we've got some things to discuss tonight.

Thanks everyone for some excellent and timely help!

Cheers,

Dan K.

Thanks everyone for the input. It helps a lot.

Seeking citizenship for her here won't work in this situation. She's only been in the U.S. since May 2007, so that's not possible until May 2012.

She's in China right now filling out the paperwork for a work visa for Hong Kong. They say it'll take at least one month for them to get it cleared.

Voluntarily surrendering her green card is an option I guess. I was hoping to avoid going through the whole process again if we decide to move back to the U.S. in a few years. Anyone here know if the process is any smoother/quicker for a person re-applying if they previously surrendered?

Cheers,

Dan K.

Greetings All,

It's been a long time since I was on Visa Journey. My wife arrived in the U.S. in May of 2007. She's got her green card and everything's been smooth sailing. Until now. . .

My wife's a citizen of the PRC. She's just been offered a good job in Hong Kong. I've been trying to get a job in HK or on the mainland for a while now with not much luck. It's tough to get an interview if you're not already there.

Anyway, our plan is for her to accept the job. I can get into HK with a dependent visa under her work visa. That's the foot in the door for me at least.

The big question is how this will affect her U.S. permanent residence status. We don't have a time frame for how long we'll stay in HK or China. For all I know it could be permanent. However, if/when the time comes to return to the U.S., I don't want to go through all the immigration process yet again.

I've looked at form I-131 for requesting a Re-entry Permit. It states that one must be in the U.S. at the time of appplication. That's no problem. However, knowing the USCIS's sloth in these matters, I doubt that the appoinment for biometrics required in the process would come up before we have to leave the U.S. for her to start the new job. (Why they need to do this again after one has already done it as part of the green card process I don't understand) The form instructions state that one can choose to leave the U.S. before the application is granted and request to pick up the approval at a U.S. consulate/embassy abroad. BUT, it states that it is possible the application might be denied if one leaves the U.S. before approval.

Anyone out there gone through this process have any input?

Also, the form instructions state that if one leaves the U.S. for less than one year, a re-entry permit is not needed and one just use's the green card for re-entry. Stretching this logic, can one simply return to the U.S. once a year to fulfill this "less than one year" requirement?

Cheers,

Dan K.

Black Hawk, CO

Damn, I wasn't planning on learning so much new stuff today. I wonder what important thing got jettisoned from my brain to make room for this new stuff. . .

Thanks for that information. I'm going to check it out.

Dan K.

YuAnDan,

Thanks for that information. If I read it correctly, I think that what we plan to do is allowable (Although debatable).

You may be found to have abandoned your permanent resident status if you:

[*] Move to another country intending to live there permanently.

We don't "Intend" to move to China permanently, just for a few years. We'll be maintaining our home in the U.S.

[*] Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

We'll both be returning to the U.S. at least once or twice each year.

[*] Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

I think returning each year covers this also.

[*] Fail to file income tax returns while living outside of the US for any period.

We will be filing U.S. income tax returns for any income earned in China.

[*] Declare yourself a “nonimmigrant” on your tax returns.

Don't intend to do that.

[*] If you intend on doing this, file N-400 within 90 days of third anniversary of LPR status, get Citizenship, and a US passport, then residency will NOT be an issue.

Can you explain this a little better? I thought one had to have a Green Card for 7 years before being able to apply for citizenship?

Thanks for all the info.

Dan k.

Kathryn,

Thanks for the information, that helps me to ensure I understand the process properly.

Yes, I know about the issues involved if we move to China. I know of a number of other Chinese nationals with U.S. green cards who essentially live and work in China, but maintain their green cards because they own a home in the U.S. (As I and my wife do) and they return to the U.S. every 6 months for about 2 weeks. They've been doing this for at least 8 years and the USCIS has never questioned it.

Anyone else out there heard of this scenario? I'd be curious to hear of others experience.

Also, referring to the extension of one's Green Card. What document does the USCIS provide to show that the Green Card's expiration date has been extended. I thought it was an NOA letter?

Cheers, and thanks for the help.

Dan K.

Greetings All,

I'ts been a wonderful year-and-a-half not having to deal with any immigration processes. The clock is ticking however, and my wife's two-year anniversary comes up in the middle of May 2009. I've got a couple of questions that I haven't seen addressed in any of the other posts or the FAQ and of course not on the USCIS website. I'm hoping someone else has already gone through the same process and might know. So here goes:

1. I'm pretty sure one cannot submit the I751 more than 90 days before the 2 year anniversary date. Is that correct?

2. We're going to travel back to China for a month or so next year, probably in late March or as late as late May. I'm concerned that my wife will be required to be in the U.S. to attend the biometrics appointment during this time. Is there any way to either do the biometrics before we leave, without an appointment, or is it possible to have that done at a consulate or embassy in China?

3. If I understand correctly, the complete process is:

a) We submit I-751, fees, and supporting documentation.

B) We receive a NOA letter from USCIS verifying receipt of the I-751, etc. This NOA is valid to show legal residency in the U.S. should the Removal of Conditions process go beyond the 2 year anniversary date. Is that correct?

c) We will receive an appointment to go in for the biometrics.

d) We "might" receive an appoinment for a joint interview.

e) Determination will be made and we'll receive the offical approval or disapproval.

4. My wife is currently interviewing for a new position that would post her back to China to work. She might be in China at the time her current provisional Green Card expires. Will she be allowed to travel back to the U.S. after her two year anniversay date so long as she has her expired Green Card and the NOA from USCIS documenting that we've applied for the Removal of Conditions?

Thanks again to everyone for your invaluable help and opinions.

Cheers,

Dan K.

Black Hawk, CO

Greetings All,

This isn't really immigration related, but I figured Visa Journey was a good place to start. I didn't see a FAQ or anything. . .

My wife has been in the U.S. since last May and has her green card. We'd like for her parents to come visit next Summer for about two months. Her parents are both retired and in China.

I've heard differing processes and procedures from different people. Does anyone know what process we have to go through to get my in-laws visas to visit?

Cheers,

Dan K.

Black Hawk, Colorado

Just an FYI. My wife arrived at SFO on 14 May 2007. I had remembered that one of the forms we submitted during the CR1 process (I think it was the I-864 or the DS-230 Part I) asked if we wanted the USCIS to initiate a SSN for my wife. We answered yes to that. However, one of the informational form letters she rec'd at SFO said that she should apply at the local SS office for a number.

So, we went to the SS office just a few days after she arrived and applied for her SSN in person. I made sure to ask about what I stated in the paragraph above because I was afraid that two SSN requests might raise some red flag. The person at the SS office said no problem and mentioned that her computer showed nothing had yet been initiated. We rec'd the card in the mail today (4 June).

BTW, we also discovered that we were able to open a checking and money market account a few days after she arrived based upon her passport and her CR1 visa in it. However, we later learned that without an SSN or Taxpayer I.D. number that the bank is not "allowed" to pay interest on any bank balances. The bank made it seem like this was a gov't rule, not a bank policy.

Dan K.

Black Hawk, CO

Greetings All,

I've been so busy these past few weeks that I've neglected to post a big thank you to this web site and all of you who answered my questions over the past 14 months.

My wife and I began her immigration process during the first week of February, 2006. My wife had her interview in Guangzhou on April 26th. 2007 and received her visa a few days later.

Yuan arrived in Colorado on May 14th., and she's spent the past two weeks adjusting to the time zone, altitude, and culture changes.

Thanks everyone for your help.

Dan K.

Black Hawk, Colorado

Greetings All,

Last Friday I rec'd a packet from the NVC with the DS-230 Part I in it, instructions and some other info. My wife and I completed everything and I am waiting for the completed forms to arrive from China so I can submit them. That packet was dated 14 August from NVC.

Today I arrived home and found another request for "OF-230 Part I" from the NVC dated 19 August. It's not a duplicate of the first packet. None of the other stuff that came in the first packet were in this one. Ther is a page titled "Missing Document list" in it that says I also have to submit copies of my wife's divorce. I submitted those months ago with the original I-129F and I-130. The first packet that arrived last week said that the divorce papers were necessary at the interview. It didn't say to include them in the submission. The barcode sheet in this second packet has the same case number as the one in the first packet, but is in a different format.

Anyone else had this happen to them? Should I send a second completed DS-230 in and include the divorce papers with it? Or should I just add a copy of the divorce papers to the first DS-230 packet that I'll be sending in? Why does this process have to be so bleepin vague! Aarrrgh!

So anyone with a clue I'd be glad to hear it.

Cheers,

Dan K.

Black Hawk, Colorado and GuangZhou, China

Thanks for the help folks. As always, much appreciated.

Cheers,

Dan K.

Greetings All,

Just trying to complete the DS-230 in a manner that will be accepted. As usual, instructions are vague.

Item 22 asks for the applicant's work history. Are they expecting the full address of the employer in the "Location" column, or is "City, Province, Country" good enough?

Also, is "Undecided" an acceptable answer to the question at the bottom which asks "In what occupation do you intend to work in the United States?"

Cheers,

Dan K.

Black Hawk, Colorado and GuangZhou, China

Greetings All,

I rec'd the I-864 form in the mail and am filling it out, but I am unsure of the proper answer to the question listed under Part 4 Eligibility to Sponsor, Section C Sponsor's Annual Houshold Income. The question asks: "Sponsor's individual income".

Which line from the W2 is proper? Since I've got Savings Plans, 401(k), etc, etc. every box on the W2 has a different amount in it. Regardless of which one I choose to enter I am above the necessary minimum, but I don't want to choose the wrong figure and have a red flag hold things up for me later.

Should I choose box 1 - Wages, tips, other compenstation or box 3 - Social Security wages? Box is is way higher than box 1.

Or, should I use the "Adjusted Gross Income" figure from Line 37 of my 2005 1040? Or am I just an ####### nut-job worrying about this minutia?

Thanks,

Dan K.

Black Hawk, Colorado

Thanks everyone for the information. I've decided that we'll use myself as the agent.

Cheers,

Dan K.

Black Hawk, CO

Greetings All,

My wife just received the "Choice of Agent and Address" form from USCIS. Basically, it asks her if she wants USCIS to send all correspondence directly to her or she can choose an "Agent" to receive all correspondence for her.

The rationale stated in the letter seems to be that USCIS feels that mail delivery service can sometimes be unreliable (In other countries, presumably).

Anyway, if we choose me as the Agent, then I'll have to forward everything to my wife in China which will still expose the documents to "unreliable" delivery service and add processing time as they'll have to be sent to me and then sent again to her.

Nothing that I've mailed to my wife has been lost in the mail. She's received everything I've mailed to her. I do however use the mailing address of her office, not her home because I feel that's more reliable.

So, I'm leaning toward her choosing no Agent and putting her office address on that form. Before we go ahead, I am wondering what other folks have done in this situation.

Thanks for the help.

Cheers,

Dan K.

Black Hawk, Colorado

Thanks all for the replies.

Dan K.

Grettings all,

I submitted the I-130 for my spouse a few months ago. I rec'd the NOA1 a few weeks later and dutifully submitted the I-129F afterwards. Today I rec'd 3 duplicate emails from USCIS that state my I-130 has been approved. Here's what it looks like:

The following is the latest information on your case status

Receipt Number: WAxxxxxxxxxxxxxxx

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status:

This case has been approved. On May 18, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours.

Does this mean that they will now contact the consulate in Guangzhou and the process will proceed from there? I'm not quite certain if I should be doing anything or not.

Any ideas?

Thanks,

Dan K.

Black Hawk, Colorado

Thanks everyone for the info. I guess I should have read the I-129F instructions fully "before" I posted my question.

Cheers,

Dan K.

Greetings All,

I submitted the I-130 for my wife a few weeks ago. Rec'd the NOA #1 letter from USCIS this weekend. I understand that I should now submit the I-129F packet. I live in Colorado. The NOA seems to have been sent from the California Service Center, not the Nebraska one to which I submitted my I-130.

Should I send the I-129F to Nebraska or California?

Cheers,

Dan K.

Black Hawk, Colorado