We DON'T want to go for a green card yet!

[billycojack 0]

I am soon to be married to a Chinese woman, I am a USA native. We are both in our late 20's, and do not want to be forced to live in America 6mo+ out of the year. We would like to travel around the world and still be able to visit the states.

I have been advised to NOT got for a CR-1 for now and only get a travel visa because with a green card she will have to stay in the USA, but we have also been told that once the marriage paperwork is done it will be near impossible for her to ever get a travel visa again. Therefore, if seems that if we get married, either she will no longer be able to go to the states, OR have to stay there 6mo+ out of the year until she gets citizenship (which we are not even sure she wants at this point).

What is the REAL story. THANKS!

[Inky 1,111]

That is the real story.

Its much harder to get a travel visa to the USA when you are married to a US citizen because they believe the person will just stay in the USA and not leave. One has to prove beyond a doubt that they will leave America after their visit and when a person is traveling around and has no set home location no job or strong ties to their country its very hard to get a visa to visit the USA.

[Harpa Timsah 13,258]

Where do YOU live? If you live in China then it might be easier for your wife.

[Brother Hesekiel 2,236]

If you live together in China, and have substantial property there, basically, if you can show that it would be a ridiculous motion to abandon everything you have in China just to move head-over-heels to the U.S., can point to your Lear Jet on the runway, you won't have problems getting a visitor's visa for your wife to the U.S.

[aaron2020 11,651]

I am soon to be married to a Chinese woman, I am a USA native. We are both in our late 20's, and do not want to be forced to live in America 6mo+ out of the year. We would like to travel around the world and still be able to visit the states.

I have been advised to NOT got for a CR-1 for now and only get a travel visa because with a green card she will have to stay in the USA, but we have also been told that once the marriage paperwork is done it will be near impossible for her to ever get a travel visa again. Therefore, if seems that if we get married, either she will no longer be able to go to the states, OR have to stay there 6mo+ out of the year until she gets citizenship (which we are not even sure she wants at this point).

What is the REAL story. THANKS!

A green card holder is a legal US permanent resident. This requires the person to maintain a US residence. Since this is not your plan, then the CR-1 route (which leads to a green card) is not the correct path for you.

Yes, it is much harder for person to get a visitor visa once he/she marries a US citizen. Most foreign spouses who marry a US citizen usually ends up immigrating to the US; not so many US citizens want to move to their spouses' countries.

If your wife already has a visitor visa, she can continue to use it.

If your wife wants to visit the US, then she should apply for a visitor visa.

If she is turned down for a visitor visa, then you can down this very expensive route. Apply for the CR-1 visa, enter the US as an immigrant, visit and do what you would do on a vacation, go back to China and turn in the green card at the US Embassy/Consulate, and then request a visitor visa. No immigrant intent problem because she is turning in a green card.

[VanessaTony 3,567]

As others have said the CR-1 definitely isn't the route for you. As you said you want to travel and it's not JUST 6 months out of the year you need to live in the US. Living in the US doesn't exclude the option of travel though. It would be your home base while you travel around. You need to figure out how you would travel. I'm surprised you have the money to travel for entire years without remaining somewhere long enough to work but stranger things have happened.

Also, your fiancee wouldn't want to become a USC because she would have to give up her Chinese citizenship.

SO either live in China or somewhere else and set up roots so visiting the US isn't a big deal, OR apply for the CR-1 and have your home base in the US and the couple of months a year you travel won't be a big deal.

[billycojack 0]

Thanks all for the input! And sorry for the delay in responding...

That is the real story.

Its much harder to get a travel visa to the USA when you are married to a US citizen because they believe the person will just stay in the USA and not leave.

This is exactly what I am talking about. She DOES NOT want, at this point, to take the journey to US citizenship and revoke her Chinese nationality just to be able to travel into America once she has married me. It is kind of a poor situation. She would like to be able to visit and stay with my family on a yearly basis however, but be free to move around outside the US as well.

Where do YOU live? If you live in China then it might be easier for your wife.

This is another main point of our problem. Though we are both 'living' in China now, we do not plan to 'live' anywhere for the next few years. We will be freelancing, and staying months on location, wherever around the world we would choose to go. We would hope to also include the US in the plan and hope to not be barred from there just because it is feared that she would illegally run away. Our current laws only seem to support the thought process that a) we want to stay in one place for many many years, and that b) everyone wants to live in America, hence the problem for us.

If your wife already has a visitor visa, she can continue to use it.

If your wife wants to visit the US, then she should apply for a visitor visa.

If she is turned down for a visitor visa, then you can down this very expensive route. Apply for the CR-1 visa, enter the US as an immigrant, visit and do what you would do on a vacation, go back to China and turn in the green card at the US Embassy/Consulate, and then request a visitor visa. No immigrant intent problem because she is turning in a green card.

Our specific issue is that she will be re-applying years in a row for a travel visa, not just a on-time thing. Currently, as I understand it, there is a standard where for the following 4 years after approved for a travel visa she will be re-approved much more easily. But I am not sure if marrying me will gum up the process. We would rather not lie, or pay $2000 a year just because they don't trust her.

As others have said the CR-1 definitely isn't the route for you. As you said you want to travel and it's not JUST 6 months out of the year you need to live in the US. Living in the US doesn't exclude the option of travel though. It would be your home base while you travel around. You need to figure out how you would travel. I'm surprised you have the money to travel for entire years without remaining somewhere long enough to work but stranger things have happened.

I guess we would want to stay in a place long enough to work there, but we are not talking years, just months. We are not moneyed, only plan on living meagerly so that we can theoretically live the life we want to and see the world, including the US. We both have access to international flights for next to nothing, so that is not the problem. This is why I am do pissed about this visa thing. It is standing in the way of our dream. By declaring that she has married a US citizen, the US government no longer wants her to travel there freely. Seems weird to me.

THANKS AGAIN FOR THE INPUT.

It seems I might have to head over the the immigration office while in the US next time, and look deeper for some loop holes. It is possible my wife would decide to get a green card and then maybe we can shoot for the extenuating circumstances permission to stay outside of the US for longer, but as I understand it, that seems only to apply for government workers.