TRAVEL VISA to CR1 to GREEN CARD.

[billycojack 0]

Hey all, thank you so much for this forum. I am sure it helps thousands a year navigate the red tape of a faceless government, just as it will help me!

I would like to run my situation by the group and see if it is sound, if it needs work, and how to change it. But please forgive me if my terminology is wrong, I am new to this. Okay?

Okay. My girlfriend and I are getting married. She is Chinese and I am American (my father is a naturalized citizen who was also once Chinese national). We would like to be back around March of 2012 (it is now JAN 4th) to help fix up a duplex for my parents and us to live in some months out of the year. We would then like to be able to travel in and out of the states a lot for the next 3-5+ years (but are okay with staying in the states 6 mos. out of the year if needed for green card status). She is not looking right now to become a citizen, only to have residence and/or a green card and path to future citizenship if desired.

Currently we are unmarried. The plan is for her to get a one year travel visa (which she will be able to with ease). We will then get married in China, travel to America and get married there too. Our plan is to then fix up the house for a few months (maybe 6) and then head to South America for a while and then back to China. We plan on bouncing around like this, and even plan to bring our kids up on the move between various countries, so the ability to travel is important.

What I would like to do is apply for a IR1/CR1 state side while we are there, if it possible, because it is cheaper than the K options and will allow for easier movement. If needed we can go back to China and re-enter after it has been approved.

Note: 1) do not have a job in America, and 2) have not filed taxes in the last 2 years (though I would not need to pay because my income is so low, and can back file the zero dollars I owe when I get to the US), but 3) my father is willing to sign for her, and will purchase a house in my name for tax purposes.

Does it sound like this plan will work or is there any gaping wholes in it? Most of the advice I am getting is from my father and 10 years old. Is the CR1 the correct choice? How does the timing all sound?

Thank you in advance for your input!

Edited January 4, 2012 by billycojack

[Penguin_ie 5,996]

I would stay with the travel visa- if she can get one- until you are ready to move to the USA permanently. It is tricky trying to maintaina greencard while bouncing between two countries for 5-ish years, and should her greencard be taken away, it would be difficult to get back later. Once you think you will want to permanently settle in the USA within a year, file for the CR-1 (it may be the IR-1 by then, if you are married more than two years, which means 10 year greencard for her!).

1 is not a problem, as you have a co-sponsor.

2. Not a problem- back file, or provide a letter explaining why you didn;t file.

[billycojack 0]

I would stay with the travel visa- if she can get one- until you are ready to move to the USA permanently.

Thanks you for your reply and help.

How hard is it to maintain a green card in practice? There seems to be forms and applications for all sorts of contingencies, including more than 2 years away from the states, but does anyone have experience with these in practice?

The thing is that we will be buying a little house in South America, and want to be living in three places (US, China, and other countries) variously. After living in China for three years now, I fear the problem of visas and fees and processes and prospect of some official saying no on a whim. It does not seem fun for me to have to keep buying visas (the Chinese green card system is impossible) for her country, meanwhile she is buying them for mine. Not to mention to possibility of WW3 between China and USA, where all travel would be halted. I am just looking for a bit more assurance.

We would like to be able to go on extended trips for work and volunteer abroad, as well as get her to be a US resident and on a path to citizenship as soon as possible. Are there any options for this?

Edited January 4, 2012 by billycojack

[Penguin_ie 5,996]

There is a re-entry permit, which allows up to 2 years abroad for good reasons. There is nothing for "more than 2 years". A greencard is not to visit the USA, it is, as the real name (legal permanent resident) implies, to reside in the USA. If you plan to spend 6 months or close to 6 months of every year abroad, the greencard process is not for you. It would also take a long time for her to get citizenship if she is abroad a lot. How flexible are your plans? One option would be to live in the USA pretty much all the time for three years, then she can apply for US citizenship. Once she has that she can be inside and outside the USA as much as she wants.

[bigdog 376]

Yep agree with Penguin she is right on since 2007, GC is for residency in USA.

[billycojack 0]

Hmm, that is too bad. It all truly is a system built for a cold war pre-imformation age world then. All so these guys can have their wars and control as well as our money (sorry for the commentary). I see that if I work for the state department (or government) for a year she could be naturalized immediately, which is not quite fair to be sure, but that is another option.

The problem is that I do not want to be settling down at least until we have kids, and even then I hope to bring them up abroad for reasons of a global education (and citizenship in other countries as well).

So I guess in the mean time, I will be looking into extended visa options while our plan solidifies. If married, I am supposed be able to get a 2 year to China, but on the American side I do not see any options like this.

Thanks for the info Penguin and bigdog, it looks like I might have to plan a 3 year stay in the US before we get a go for the Green Card.

Edited January 5, 2012 by billycojack

[Ryan H 3,828]

We will then get married in China, travel to America and get married there too.

You only need to get married in one country, you can choose which one (China or US); but you would not get married in both.

[Darnell 8,479]

suggest your soon to be wife get settled in New Zealand for a coupla of years. Then she gets the NZ Passport.

After that? is no barriers anywhere.

Come on, gotta live somewhere - NZ is a great place to live.

[billycojack 0]

Thanks for the input. Is there a downside to getting married in both countries?

suggest your soon to be wife get settled in New Zealand for a coupla of years. Then she gets the NZ Passport.

Also, thanks for the idea! I will be looking into it for sure. We are thinking Costa Rica for one, to get some sway in South America, and NZ seems a perfect place in the Pacific as well! It is a really good point. Why does she need a US passport, besides travel and those benefits can be found elsewhere. Maybe I will have one of my kids there. Do I get citizenship as well?

[Anh map 2,098]

Thanks for the input. Is there a downside to getting married in both countries?

Also, thanks for the idea! I will be looking into it for sure. We are thinking Costa Rica for one, to get some sway in South America, and NZ seems a perfect place in the Pacific as well! It is a really good point. Why does she need a US passport, besides travel and those benefits can be found elsewhere. Maybe I will have one of my kids there. Do I get citizenship as well?

If you are legally married, you can't get legally married again (without obtaining a divorce prior to ceremony #2). You can certainly have a great party where you stand up in front of the group and proclaim your love and commitment. But married is married.

[billycojack 0]

If you are legally married, you can't get legally married again.

You see! I learned something. Glad I didn't make that mistake.

[Darnell 8,479]

Spend some time studying about NZ immigration and passport issuance. It's a boon for her, really.