Shanghai Expats
Visas

US Green card for Chinese wife living in China

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Barry88 Original post #1
Hello All, I was wondering if in the case that both my Chinese wife and I live and work in China, if we can apply for her US green card or not. Everything I have read makes it sound like we need to live in the US to do this. We have been married since October 2020(only registered in China so far). We have no plans to move to the US, however We do want it in case SHTF, or job situation changes quickly. She has already obtained her 10-year multi-entry US visa last year for tourism so she could visit my family. I actually heard that this might make it more difficult for the green card application. Should I register our marriage at the US consulate first? I would assume there must be some kind of exception for this since I am still an American citizen, but work in China. I appreciate any advice that can be given on this matter. Thanks

2 Replies

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kerry168 #2
Register your marriage first , then apply for a spouse green card which is like a resident permit that would allow her to be in the US but not to work in the US . Key is the marriage registration
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JohnF88 #3
One of the big misconceptions is that a green card is a Visa. It is Permanent Residence. Which sort of means you need to be a permanent resident for it to stay in effect! If you leave the US internationally for more than 1 year you will have to re-file to be re-admitted. And if they feel you are not a “permanent resident,”…they may void your green card. Usual criteria for being a PR are a US address, electric bills, bank accounts, etc.. Even if you do live there and plan on your wife naturalizing (citizenship), a stay of more than 6 months outside may endanger that process… “Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the “Continuous Residence and Physical Presence Requirements” page.”

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