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US Expatriate's Chinese Wife Visa

Just like it says.. a forum for discussion of these things.

US Expatriate's Chinese Wife Visa

Postby mjsccmc » Mon Oct 20, 2008 10:56 am

Hi people:

I just married a Chinese woman in the USA last month. I wonder if there is a quick and easy way to get her a permanent resident visa to the USA? Is there some type of regulation that enable an expat's wife to get such a visa promptly due to his employment with a USA company overseas? Thanks for your attention and answers.

Best,

ccmc
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Postby p1atl10 » Mon Oct 20, 2008 11:20 am

The same timeframes exists for an-expat as not.

You are, however, allowed to file a 319J which will exempt her from the residency requirement...

But in general.

- Application for Conditional 'Green Card"...processing takes 6 months to a year.
- Granting of Conditional Green Card
- 2 years later....removal of the "condition"...Have to prove you are still married as that was the condition under wich she was granted the green card
- One more year...granting of the 10 year Green card.
- 2 more years of waiting and can apply for Citizenship.

Total process from marriage to Citizenship....figure 4-5 years.

At any point...if they move you back, she will have to reside in the US 50% of the time with no single stay outside the US more than 6 months. Or they void her green card and consider her residency as abandoned.

Funny thing the US Government...they think you should actually live there to be a citizen. she would be exempt from that if you file the 319J....but there is really no "fast track" just because you are posted overseas...
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Postby mjsccmc » Mon Oct 20, 2008 11:57 am

Thank you so much for this most informative instruction. I searched the web for Form 319J, but was not able to locate it. Do I get this from the Embassy? I assumed the process for conditional green card and the regular green card is the same, the need to go to Guangzhou for interview, etc? Thanks again.
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Postby p1atl10 » Mon Oct 20, 2008 12:46 pm

Check the website...The Consular Office/American Affairs has an open house once week where you can talk to an officer.

Tuesdays 3-4pm

http://shanghai.usembassy-china.org.cn/ ... _hour.html

Probably worth talking to them....
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Re: US Expatriate's Chinese Wife Visa

Postby underh20 » Mon Oct 20, 2008 7:06 pm

mjsccmc wrote:Hi people:

I just married a Chinese woman in the USA last month. I wonder if there is a quick and easy way to get her a permanent resident visa to the USA? Is there some type of regulation that enable an expat's wife to get such a visa promptly due to his employment with a USA company overseas? Thanks for your attention and answers.

Best,

ccmc


No fast track.

In order for her to get the green card she'll have to show she intends to live in the US. With you staying here for work, they'll consider she does not intend to reside in the US or that the marriage is a sham.
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Re: US Expatriate's Chinese Wife Visa

Postby underh20 » Tue Oct 21, 2008 8:19 am

leidelaohu wrote:
underh20 wrote:No fast track..

I think it is the fast track, guys. There's x number of immigrants allowed each year from each country. There are classes of status for immigrant visa applications. Immediate family (wife, husband, mother father) are near the top. After that there's a bunch of other groups until you get down to "I just wanna move there because it sounds kewl." Those people can wait years and years without ever getting off the waiting list.


Ok, let me rephrase this ...

Other than the so-called fast track for immediate family, there is no fast track. The "fast track" for immediate family takes approximately one year. Now if you want to call that "fast" that's your call. But it ain't getting any faster than that.
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Postby p1atl10 » Tue Oct 21, 2008 8:38 am

One year waiting upon application for Conditional Green Card Status....

Been there done that...Immediate family, Mrs P1ATL10 brought into the US on a K-1

Took about 9 months from application till issuance of K-1

Married in Feb....
Conditional Green Card finally issued in November of the same year.
(Now about 12 months instead of the 9 we did)

At which point the clock started ticking for the 2 year review to remove the condition.

Which happened 2 years later in November...

One more year of waiting.

November....Apply for permanent Green Card. Issued the following April.

Now you have 10 years until you have to re-apply for another Green Card...or a further 2 year wait for Citizenship.
(Assuming you can read and write basic English, and pass the History test. I took it and failed!! And have met the Residency requirements.)

So...Total time including K-1 = 58 months.

Without K-1....47 months for a process that theoretically takes 3 years.

And this was before the big slow-down post 9/11
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Postby underh20 » Tue Oct 21, 2008 3:53 pm

leidelaohu wrote:Hey, if your turtle comes in ahead of the other guy's turtle, he's fast, right ? :D


WTF would I want to have a turtle? Just because someone else is foolish enough to buy a turtle doesn't mean everybody else is. ;)
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