can she go back home?

[xiaozhu 4]

Yes, just like what Darnell said, it is quite open as long as she wants to go back China and live in China whatever temporally or permanently, whatever you two are a couple or not. From your post, maybe you also need to make sure that she is not for immigration purpose by marrying you. Usually people would not get divorced till they get a 10-year green card.

If she becomes a US citizen in the future, I think she automatically gives up Chinese citizenship. Then re-gaining a Chinese Citizenship will be a quite long way to go! China is not an immigration country like USA mainly due to its populations! That also is one of reasons why many Chinese-American couples have to settle down in USA instead of China eventually.

[amykathleen2005 441]

I still don't see why you are so concerned with this now. Do you really want to go into a marriage thinking about divorce?

[VanessaTony 3,567]

Its not dual nationallity i am asking... If she wants to return home to live... can she?

Yes. I said in my first post here: http://www.visajourney.com/forums/topic/293202-can-she-go-back-home/page__view__findpost__p__4443135 but here it is again in a different way...

She can live NO PROBLEM in the US for years (indefinitely even) as long as she has her GC and follows all residency requirements she's fine. She can return to China, again, no problem, AS LONG AS she doesn't get US citizenship.

If she gets US citizenship then she loses her chinese citizenship and as Darnell posted there are ways to get that back but as someone else posted, it's a long and difficult road.

She can remain in the US while divorced from you as long as she has (and maintains) her 10 year greencard. She doesn't need to remain married to you, and she doesn't need to return to china.

Your question has been answered already but you didn't seem to understand it.. I don't think you're well-versed in the Visa and LPR process yet. Perhaps you should do a bit more reading on "Legal Permanent Residency" and have your s/o read that as well. Her LPR status (or greencard) has NO effect on her ability to return to china or live in china.. bearing in mind she has residency requirements in the US or she gives up her LPR status. If she returns to china forever she will need to give up (or lose) her GC.

[Sergi9 110]

California service center approved her application. "thank god i hired an attorney"; My question is this: what if later after we are married she wants a divorce and wants to go back to china... does she still have citezenship in china or are there forms and process she needs to return home? I want her to know this.

Maybe she should ask the Immigration officer at her VISA appointment this question.

[Ryan H 3,821]

I still don't see why you are so concerned with this now. Do you really want to go into a marriage thinking about divorce?

I share this sentiment.

[Claudia2010 1]

I am not very familiar with china laws but in cuba it not illegal to carry both citizenships but cuba doesnt recognize a second citizenship in my case US...what i simply require is to have both passports when traveling us to get out of the country and the cuban one to enter cuba...

[pushbrk 13,044]

China does not allow dual nationality BUT her immigrating on a K1 isn't her getting US citizenship (US passport). She is a resident (with a greencard), totally different and has NO impact on her chinese nationality. She can have a greencard no problems but she will never be able to apply for US citizenship, unless China changes their laws.

She can marry you and AOS to get her GC and remain in the US, no probs. If you divorce also no issue (of course she will need an unconditional card, or a conditional card and ROC without you), she is still a chinese citizen. Just remember no US citizenship for her (at least at this time).

Gotta correct the bold section above. China has no say in whether any of their citizens can apply for US Citizenship. They don't "recognize" dual citizenship but have no control over what their citizens do in other countries. US Immigration doesn't ask the Chinese government's permission to grant citizenship.

[VanessaTony 3,567]

Gotta correct the bold section above. China has no say in whether any of their citizens can apply for US Citizenship. They don't "recognize" dual citizenship but have no control over what their citizens do in other countries. US Immigration doesn't ask the Chinese government's permission to grant citizenship.

I thought it was quite obvious (though apparently not) that my post had "if she plans on keeping her chinese citizenship.." implied at the start of the part you bolded given I was replying directly to a question about retaining chinese citizenship/the ability to return to china with no problems. My bad for not ensuring it was 100% clear. I did elaborate further down.

As I stated in some of my further posts, if the OP's chinese s/o wants to retain chinese citizenship she cannot obtain US citizenship as china does not permit dual and according to their laws, obtaining another countries citizenship automatically revokes chinese citizenship. China is not made away of you getting another citizenship unless you tell them or in an example I gave where they realised another passport existed when the citizen had remained in the US for a significant period and no visa to explain that trip in their home countries passport.

[pushbrk 13,044]

I thought it was quite obvious (though apparently not) that my post had "if she plans on keeping her chinese citizenship.." implied at the start of the part you bolded given I was replying directly to a question about retaining chinese citizenship/the ability to return to china with no problems. My bad for not ensuring it was 100% clear. I did elaborate further down.

As I stated in some of my further posts, if the OP's chinese s/o wants to retain chinese citizenship she cannot obtain US citizenship as china does not permit dual and according to their laws, obtaining another countries citizenship automatically revokes chinese citizenship. China is not made away of you getting another citizenship unless you tell them or in an example I gave where they realised another passport existed when the citizen had remained in the US for a significant period and no visa to explain that trip in their home countries passport.

All well and good but yet many Chinese Citizens hold US and Chinese passports, using the Chinese passport to enter China and the US Passport to enter the USA. My wife has had extended time in the USA with nothing but a long expired US visa in her Chinese passport and there will likely NEVER be another US visa in her passport or anything else in her Chinese passport to show she's authorized to enter the USA or remain for a long period of time. What she uses to enter in the USA and show that authorization is a Green Card and it is NOT in her Chinese passport.

I'm pointing out there's a vast difference between what some countries technically publish that the "allow" and what their citizens routinely do anyway.

[VeraVimes 5]

If like Vanessa&Tony have said, China does not allow dual nationality, then she more or less forfeits her Chinese citizenship when she takes US citizenship.

The land of my birth is the same - by taking citizenship elsewhere, I forfeit my Dutch citizenship, and if I try to enter Holland with my Dutch passport while in possession of US citizenship, I will be accused of fraud. I am thinking about not taking US citizenship because I really don't want to lose my Dutch citizenship. But maybe more research is needed by you and your beloved?

I didn't realize this applied to Dutch citizens as well. I have dual nationality - Dutch and British - so I figured I wouldn't tempt fate and try to get a third. Permanent resident seems like a good enough deal. If anything, I know Holland is a safe place that I'd always want to be able to get back to...

[pushbrk 13,044]

I didn't realize this applied to Dutch citizens as well. I have dual nationality - Dutch and British - so I figured I wouldn't tempt fate and try to get a third. Permanent resident seems like a good enough deal. If anything, I know Holland is a safe place that I'd always want to be able to get back to...

Permanent resident status instead of US Citizenship holds only three disadvantage of which I am aware.

1. You cannot vote.

2. You CAN be deported for criminal activity.

3. You must maintain the status, so there are limits to how long you can leave the USA. Google "Maintaining Permanent Resident Status".

While some MIGHT consider these major factors, my wife and I do not.

[Krikit 1,165]

Permanent resident status instead of US Citizenship holds only three disadvantage of which I am aware.

Another disadvantage which I haven't really researched, yet, are the affects of estate and survivor pension taxes on the surviving non-US citizen spouse.

Moving from K-1 Process to General Immigration Discussion.

[pushbrk 13,044]

Another disadvantage which I haven't really researched, yet, are the affects of estate and survivor pension taxes on the surviving non-US citizen spouse.

Moving from K-1 Process to General Immigration Discussion.

We aren't worried about estate taxes, so I don't know about that but yes, my wife's survivor benefits from Social Security might be lower as an LPR than as a Citizen but any private pension benefits wouldn't be impacted.

[iampatricias 17]

I didn't realize this applied to Dutch citizens as well. I have dual nationality - Dutch and British - so I figured I wouldn't tempt fate and try to get a third. Permanent resident seems like a good enough deal. If anything, I know Holland is a safe place that I'd always want to be able to get back to...

Back when I reached adulthood, I looked into becoming Canadian (for dual citizenship purposes) and everything I looked at had "as of 2001..." comments related to it, as if the limitations had recently been put into effect. It's possible that your dual nationality is allowed if you obtained it before changes were made?

[KemalTuanaYalcin 16]

Its not dual nationallity i am asking... If she wants to return home to live... can she?

Yes, she can. The only thing I would suggest you do is keep an eye on her Chinese passport and when it comes close to expiring, visit the Chinese Consulate in your area and see about having her passport renewed so that it does not expire.