Cancel K1 Petition, Move to China to Stay and Get Married

[endoftheroad 1]

We are at the interview stage since 2009. We have been delaying the interview due to my girl's court battle in China over inheritance. We are getting sick of waiting, the Chinese courts are so slow. So we were wondering if I should just move to China, cancel the K1, and get married there. We had planned to retire in China anyway so living there would just be moved up to now. But we have some big questions. Here are two:

Q1 - What do I have to do to live in China indefinitely?

Q2 - What would we have to do to visit the USA later?

TIA!

[pushbrk 12,883]

We are at the interview stage since 2009. We have been delaying the interview due to my girl's court battle in China over inheritance. We are getting sick of waiting, the Chinese courts are so slow. So we were wondering if I should just move to China, cancel the K1, and get married there. We had planned to retire in China anyway so living there would just be moved up to now. But we have some big questions. Here are two:

Q1 - What do I have to do to live in China indefinitely?

Q2 - What would we have to do to visit the USA later?

TIA!

I'm not an expert on residing in China long term but your wife visiting the USA later would require a tourist visa. You would need to show strong enough ties to China to overcome the assumption of immigrant intent. It's a big hurdle that only very strong evidence would overcome. Your other option would be an IR1 visa filed DCF but then she would be required to maintain permanent residence in the USA.

The way we'll deal with extended stays in China is to get a work related visa tying me to my brother in-law's company.

Edited April 12, 2010 by pushbrk

[justashooter 430]

assuming that you are a US citizen and that your wife is a chinese citizen, you can get a chinese "green card" to live in china. the process is similar to the US process.

moving to USA as a couple after that would be possible, as you would be allowed entry as a citizen, but you would have to sponsor your wife through DCF, and this would involve establishing a USA domicile and meeting the 125% of poverty line guideline.

[Darnell 8,478]

to 'stay long term' you have two paths -

1. get work in china, get a company to sponser you, get the work visa through the company that sponsers you . OR

2. get a temporary residence permit. You'll need to be married, then show up at the big PSB office with yer marriage certificate, yer passport, yer wife, her hukuo book, her china id card. Price varies, duration varies from 1 year to 3 years, variance is due to physical location pegged to her hukuo book. One is not allowed to work whilst holding a temporary residence permit.

Good Luck !

Edited April 12, 2010 by Darnell

[endoftheroad 1]

I'm not an expert on residing in China long term but your wife visiting the USA later would require a tourist visa.

I think she would be able to get a tourist visa, she has in the past. She has a very stable government job of over 2 decades, owns a couple houses, etc. etc. Of course the difference now would be her having an American hubby, but I would have a job to return to in China as well plus we will have a child there.

to 'stay long term' you have two paths -

1. get work in china, get a company to sponser you, get the work visa through the company that sponsers you . OR

2. get a temporary residence permit. You'll need to be married, then show up at the big PSB office with yer marriage certificate, yer passport, yer wife, her hukuo book, her china id card. Price varies, duration varies from 1 year to 3 years, variance is due to physical location pegged to her hukuo book. One is not allowed to work whilst holding a temporary residence permit.

Good Luck !

So the only way to stay in China longterm and work is getting the employment sponsor? I wish there was a way to immigrate there.

Thanks

[Darnell 8,478]

You could do what I did, ages past -

buy a minority partnership in a company, have them handle yer work visa. Not a cheap route, by any means.

[pushbrk 12,883]

I think she would be able to get a tourist visa, she has in the past. She has a very stable government job of over 2 decades, owns a couple houses, etc. etc. Of course the difference now would be her having an American hubby, but I would have a job to return to in China as well plus we will have a child there.

Unless you're leaving the child behind when visiting the USA, the child would hurt her B2 visa chances, IMO as would having a USC spouse. It will only cost the application fee and travel expense to a Consulate to try though.

[endoftheroad 1]

This is the plan now. Me to China and not her to the USA. Working with major USA employers but may start just teaching to get my feet wet. Just want to be together NOW!

Edited May 9, 2010 by endoftheroad

[Darnell 8,478]

Good Luck with it all - Don't forget to review the American Chamber of Commerce-China Branch, when you go looking for USA Employers in China. (They have a web portal with a list of member companies)

Edited May 9, 2010 by Darnell