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Posts: 47

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Q: Has anyone here sponsered thier Chinese wife for a U.S. Green Card? What should I know?

Hello, I am a teacher here and My Chinese wife and I have been married since August. We both got married in the United States. We both have jobs here in China and desire to stay for one more year. However, Next year we would like to move to the United States where I can continue to teach and she can find employment there in the states. Therefore, she will need a green card to gain a respectable career. I was wondering if anyone here has sponsered his/her spouse to immigrate to U.S. and can give advice. We would like to begin process immediately so she can begin looking for employment in US. I am also concerned about the financial requirements to sponser her since I only make 10,000 RMB and have no house or assets in United States except for some mutual funds. Serious help appreciated. Thanks.

10 years 16 weeks ago in  Visa & Legalities - China

 
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Being married for such a short time isnt going to help, but on the other hand the fact that you were married in the US and then MOVED BACK to China, cant be a bad thing. These Visas and Green Cards really are a case by case thing. The financial requirements are really more of a guidline, as 10,000 a month is a quite common salary for teachers here, and many many people have managed to bring their partners back.

 

The best course of action is to actually go have a sit down at your nearest consulate. They can give you the rundown of what is needed and what youll have to do. If you are too far for the trip.  Chengdu, Shanghai, Beijing, Guangzhou????    Then send them off an email. They should reply to you within 3 working days with the relevant information.  You can try calling to get someone on the phone, i always do. But no one ever seems to answer.

 

As with anything in China, although it seems impossible, with persistance, anything can be done.

 

Good Luck!

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10 years 16 weeks ago
 
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Ive already done the whole " to the embassy" gig.. I can tell you because like you I also make it my business to know all my options for my family and laws in the U.S.

So without any BS, here is what you need:
(This applies to those with no job in the U.S or and not in the U.S )

The requirement is to prepare show a bank statement for approximately $ 59,000.00 in a for checking/savings.

After that pay and ask an immigration lawyer to handle the green card process after you get back to the US because there's lots of paperwork to do. There will be too much crazy paper work to handle.

So how do you save this much money in China, Well I can tell you how to do that too but it requires patience.

Save 5,500 RMB a month for 5 years and your are set, you can find extra jobs or use your wife's salary to save up for the goal.

Good luck..

mike695ca:

I have a friend that moved his wife to the states earlier this year and he didnt need to save that. Like I said, Go talk to them, everyone is different.  If you in fact need that money, you have options.

 

If your in with your company they can produce slips for you to show whatever salary you want.   I have had companies do it for me. If need to show a certain salary, buy house , car any kind of loan.

 

Borrow the cash from her parents, your parents ect. Show you have it in the bank a certain time, start now with the saving, so you can show you saved it in the year. Once you get to the States or get the green card , give it back.  Sounds uncomfortable , but chinese do it all the time, to pay first payment for house theyll borrow money from everyone they know, So the parents , i doubt will mind, not lending it, but you holding it.

 

You can get a job in the states, from China, before you go. Dont really have to work there , but youll have proof of employment. Having a family member with a business helps, a contruction company or something. Mind you, the fraud part in the US is much more serious. Im just saying that  where theres a will theres a way!

10 years 16 weeks ago
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ironman510:

Mine is meant for people that only have a job in China and nothing in the U.S.. Mine is correct. You have no details about your friend and how he did it. I did asked and this is what i was told.

And don't be a fool, not many of us can borrow that kind of money and then return it, If he or she could do that I'd highly doubt 90% of ESL teacher would be here with their wife. So please give this guy FACT answers, not this go and ask sh*t, you are wasting the mans time.. I can feel you are just being positive with positive answers. But I already know that facts, I called and walked in and checked. This is most likely the route he'll need to take. So don't tell us what your friend did, half of those stories are half false anyway. I did the leg work so I answered the mans question..

10 years 16 weeks ago
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mike695ca:

Actually Grandpa, I have all the details I need about how he did it. This is why i mentioned it.  So is what you are saying is that he is wasting his time by looking at options and talking to his consulate. That his ONLY way to do this is to save 5500 a month for 5 years before he can go home?  Your way is not correct, you happen to be a moron. This is why as a 60 year old your still working hard to save 5000 rmb a month.  You are the exact reason people are scared to be teachers in China, because they have no future.

If anyone can agree on anything, its that chinese can save. And save they do. For many many many chinese, while not a small number, the 350,000 rmb needed. They have it squirelled away. I know you are not aware of such money, as they wouldnt tell you for fear of being milked, but for older chinese people, that isnt alot. Ask other people here, if their wives family has hundred of thousands saved.Theyll tell you. Also, are you stating that 90% of teachers here are only in China because they are stuck? Boy you really must have had a hard go of it....

10 years 16 weeks ago
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ironman510:

I'm 33 BTW, Ok Ok, Let him walk into the embassy and ask or call the U.S. Department of Homeland Security
National Customer Service Center
1-800-375-5283. I rest my case.

Your sarcastic jokes don't affect me man. grow up and give real answer with facts.

10 years 16 weeks ago
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ironman510:

And Mikes ideas are possible, just try all options we suggest..

10 years 16 weeks ago
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10 years 16 weeks ago
 
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if you married in the us and can get her a visa to return, better to apply in the us. she can stay during the adjustment of status period even if her visa has expired. tourist to temporary resident, but that means she is not with you in china, working 2 jobs and renting a room, the process could be 6 months instead of a year and half from china.

also if you live in a low populated state, the local immigration office has less applicants and the paperwork goes faster, new hampshire to process my 2nd wife's mother for green card took 9 months, in atlanta the father took 2 years on the list.

also the fees without a lawyer are now about 1000 dollars, the work permit while waiting on a green card is the most important, she cant work without and that takes 3 to 6 months for an appointment in a big city in america, good luck.

i have done this 3 times, once from america and twice from abroad.

ironman510:

And the fee's with a lawyer cost $6000 USD..

10 years 16 weeks ago
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ambivalentmace:

being a cpa in my youth, i did all the paperwork myself, it's not difficult, just tedious and lengthy. i have never used lawyers, actually went to a law library and wrote my on divorce papers, i really am a cheap asshole and i hate lawyers.

i filed my own incorporation documents from the internet. i worked for an attorney in high school for school credit and it was an eye opening experience, nothing but a mafia operation with a government stamp or approval, when the guy ask me if i want to be a lawyer, my answer was a legal thief is not any better than a non-legal thief. we left on bad terms. i saw him charge a customer 2000 dollars for incorporating that a secretary typed in 20 minutes. all she did was use his notes and no conversation. after they master being a legal petty thief, some graduate to grander schemes and go into politics where you add several zero's to the charges.

10 years 16 weeks ago
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ironman510:

Woo deep story man,  it gives a real deep look into the lawyer life style. 

10 years 16 weeks ago
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royceH:

My lawyer mate gave me some very serious and earnest advice many years ago..."Never, ever get involved in the legal process unless there is no alternative whatsoever!"

 

 

10 years 16 weeks ago
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10 years 16 weeks ago
 
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I did, yeah. Ironman510 is wrong, however. $59k? No way! You need about $95k cash/assets/mix up-front, or a co-sponsor. You also need an established domicile. 125% of the poverty line is $19,388 for 2 people. You need to have five times that amount in assets.

 

The poverty line stuff is different in every state. So, it would depend on the state of your domicile.

 

Word to the wise: never lie on an immigration application, and never try to cheat. Always tell the truth, 100%. Explain EVERYTHING! Even if you get in the first time, if they discover something funny later, they can and will jail, fine, or deport your wife... or all of the aforementioned penalties. Even one little lie can cause her to be permanently banned from the U.S.

 

Let me tell you the truth right up-front: the USCIS does not give a damn shit about you or your wife. We were in a really dangerous situation where some unmentionables were trying to force her to have an abortion against our will. We contacted the USCIS. "Sorry, can't help you" was their response. I even emailed Obama. Eventually, they refused to even talk to us.

 

We still had to prove that she wouldn't be a ward of the state. We had to prove that our relationship was real. We got followed by a lot of people. We needed a mountain of evidence to prove everything, and we had that. Lots of pictures together, chat logs, emails, medical records from the maternity hospital, and lots of other stuff. It doesn't matter how unique your situation is, you still need to prove everything and meet all the requirements.

 

If there's a bad situation, like what we had to go through, it's very possible they can make the process go quicker (ours was about 12 days, not counting mail delays which took MONTHS), but you still need to meet all of the requirements.

ironman510:

Yeah I got the 59,000 from my State, so 95,000 could be right for others..

10 years 16 weeks ago
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ironman510:

So $95,000 in the bank + a co signer would get the job done?

10 years 16 weeks ago
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Hulk:

That is the lowest it can go, around $95k... go unless you're government/active duty, then it's ... $77,550. Hawaii and Alaska are the only states that require more. Look here: http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

 

No, you need either one of those. 95k, or a co-signer. My father co-signed for me.

10 years 16 weeks ago
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ironman510:

Wow HUlk, this might be the best reality answer on all of any China forum site.. You have been there and back.. Cool, our kids have U.S passports, so I'll try the $95,000 deal when the kids are ready for High School and take the wife back, IF the U.S, jobs and Obamacare are doing well.

10 years 16 weeks ago
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Hulk:

There's a problem. Your kids count as part of your household while they're still in your house. You'll then need quite a bit more than 95k... 95k is only for 2 people. cool

10 years 16 weeks ago
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I'm going to be wall-of-text critting here a lot. It's a lot to read, but I'm trying to do my best to help you.

 

Now, there's another method... you can get her here on a student/work/tourist visa, and then apply while she's in the country, but it doesn't look very good if you try to adjust status while there; it means she entered the country with ulterior motives, under false pretenses, etc. They take that seriously. I wouldn't really recommend it.

 

If you don't have one already, start a bank account in the U.S. Use it. If you already have one, and you use it a lot, this looks really good. I totally didn't realize that at the time, but it helped me tremendously.

 

Your two best options are to:

 

1) Go back to America. Establish a domicile and work for about 6-12 months. Consistently earn 125% or greater than the poverty line. That'll be about $19,338 for 2 people. It sucks that you'll have to leave your wife in China, but unfortunately a lot of expats have to do this because they have no choice.

2) Have your family help you by allowing you to stay at their house and establish a domicile there, and by co-signing for you. Even a friend could do it. Remember, the friend/family members (you may have more than one co-sponsor) must count their household size. For example, if you have a brother who still lives with your parents, their household size has to count, along with yours. This will be a household size of 5 (parents[2], brother[1], you two[2]), and the co-signer( s ) must earn 125% of the poverty line for the 5 people in the house.

 

The co-signers should also write a letter addressed to the USCIS stating that they agree to this. Include any details you think will be helpful. "We agree to let them stay blah blah blah."

 

EXTREMELY IMPORTANT!!!!! DO NOT FORGET THIS: You MUST have "original copies" of all paperwork, including the co-signers' stuff. They will NOT accept photocopies unless it's of pictures/chat logs/email logs/etc.

 

Try to get #2. Really hope you don't have to take the first route, mate.

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10 years 16 weeks ago
 
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They are NOT ALLOWED TO ANSWER ANY QUESTIONS ON IMMIGRATION! There are no real special "exceptions" or "unique situations," you STILL HAVE TO MEET THE REQUIREMENTS! The most they can do is make the process go quicker.

 

They don't care about you, and they aren't going to take pity on you. Locals try the pity card all the time, and it gets them banned. It looks shady if you keep asking strange questions. They only answer questions on the application process, and it's all stuff you find on the website anyway.

 

The only way someone's getting home with their spouse legally is under the following conditions:

1) National security emergency in which the spouse has already traded information that directly benefits the U.S.

2) Works for the government, or is in the military (gotta be at 100% of the poverty line).

3) Has a co-signer (me)

4) Meets the 125% federal poverty line guidelines with an established domicile by his or herself.

 

Your wife's income/savings can also count towards it.

mike695ca:

jeez dude, im not arguing with you, as you just did it and your back with your family.  He asked what the guidelines are and I told his to get the info directly from the source. Read again, no where did I say that he should tell him he cant meet any guidelines.  Also... probably from your experiences but you sure seem to have a pretty negative view of your own government. You sure it was worth it to leave?

10 years 16 weeks ago
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Hulk:

Was watching TV and realized I jumped the gun... facepalmed it up. Sorry about that...

 

I'm not in America for the U.S. government... I'm here because it's a great place to live, and to raise our kids. The government doesn't bother me, and I don't bother them, but don't expect any help from them when you need it abroad.

10 years 16 weeks ago
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mike695ca:

its all good

10 years 16 weeks ago
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Hulk:

Really jumpy lately.. not thinking straight. Sorry again. :/

10 years 16 weeks ago
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ironman510:

Woo yeah no argument there... So you got her the green card?

10 years 16 weeks ago
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ironman510:

Here's a question, can the co signer sponsor your wife while you're with her in China? And thus get the visa in Guangzhou and fly back to the U.S together and join the co signer?

10 years 16 weeks ago
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Hulk:

Yeah, my dad co-signed and he's never been to China. He just mailed me the original copies. $75 emergency 1-2 day shipping. Took us a week to get it.


My wife also went to America without me. I forgot to give her my home address, and they almost turned her away. Fortunately, my parents picked her up at the airport.

 

I was finishing up my work before I went home. I also explained that to USCIS in advance, and had a written letter from my employer stating my intentions.

10 years 16 weeks ago
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Hulk:

The visa was mailed to the nearest CITIC bank branch where we lived. You choose the location. It's not sent to homes/apartments anymore because a lot of parents/family members/assholes were destroying people's visas/passports.

 

You then travel there and pick it up. Yeah, she's got her green card. When in America, you can take her passport to the Social Security office to get her SSN. They never sent hers like they were supposed to, so we just went and got one.

10 years 16 weeks ago
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ironman510:

So if I understand this correctly, for example, the I-130 form isn't filled out by me, its done by my mom who will sponsor my wife to the U.S...

10 years 16 weeks ago
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Hulk:

The i-130 is not the affidavit of support. Is your mom gay-marrying your wife? 'cause that's what she would need if it were legal to do so. You, and only you, can fill out the i-130.

 

The affidavit of support is i-864. Your mom will be signing that for you. You'll also need to do one, even if you have no income. My income was $0 for several years. Needed my dad to co-sign.

10 years 16 weeks ago
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ironman510:

haha, thanks man, I'm not sure gay marriage is legal in Ohio..( Just joking )

 

Seriously thanks Hulk, my wife works for a U.S company and she would be allowed to stay and work in China after getting a green card in the U.S because the company can give her a letter stating her work is here ( Her green card friends do this) , we need this green card for the future, investment and incase the sh*t hits the fan.

I'll send it to the Guangzhou office and with my Moms supporting documents after she mails them to me.

10 years 16 weeks ago
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Really everyone has different experiences on the matter.  I suggest you google "candle for love", its a website that specifically helps Americans dealing with applying for permanent residency for their Chinese spouses. Look there and read people's stories.  Also some of the above info looks scary, especially the financial part but my advice in your situation 1) find a co-signer and 2) Just do it and apply as soon as possible.  If you failed they will tell you the reason.  You can fix it and try again.  If you are honest and persistent you will eventually get it. No need to hire a lawyer to do this as your case doesnt appear to be complicated and the process is absolutely doable yourself.  Sometimes it takes long, sometimes its quick.  Good luck.  

ironman510:

Yeah that is a good site thanks, I just read a fraction of it myself. CR-1 looks like a good visa for married folks and combined with Hulks input.

10 years 16 weeks ago
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Hulk:

My wife and I did CR-1.

 

It's the best thing if you've been living in China for 6+ months straight. You gotta be living there for 6 months or more. Don't leave...

 

It's quick. My wife and I were only legally married for 1 month before we applied for our CR-1. It was approved quickly because of our situation, but we still had to meet the requirements!

10 years 16 weeks ago
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ironman510:

Cool, been in China 8 years and never left, sounds good, CR-1 it is than.. IF the sh*t hits the fan it is good to know the right visa, I've been wondering for years, Thanks Hulk

10 years 16 weeks ago
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Hey guys thanks for responses so far. The sums for the affidavit of support are scary. My wife and I have been saving money since we are married and been transferring it to my checking and then to mutual funds of mine so it can grow. We will be able to take money out of these in a year. So far we have 50 percent of the 59k figure saved. I am sure my parents would be willing to sponsor but they are retired teachers and I do not think , pretty sure, they do not make 5 times the 125 % poverty line. I do not want to be separated from wife for 6 months to a year. We both are planning to stay in China till summer 2015 , but was wanting to get her green card earlier so she can begin looking for employment  during the time we are here because we all know how difficult it is to get jobs. I think phill is right and I should try to find co sponser and get documents and get it sent in ASAP and see what happens. I will also try mike's advice and contact embassy in Guangzhou. I wish there was something or someone closer in Wuhan that I can talk to one on one. Hulk can your wife travel freely to china and back with green card? Our plan was for her to receive green card by this summer, her travel to America for short tourist trip to visit my family , come back work a year and then move to America summer 2015 to stay with jobs available.

pbrown22:

Well my retired parents who were teachers co-sponsored us and it worked.  I also had my sister co-sponsor us as well to be safe (i put both of them in my pile of stuff, not sure which one they used or what) though I think technically you can only have 1 co-sponsor.  None of them were rich by any means and we had little savings at the time.  Just find someone to sponsor you and try, forget all the cash savings for now.  

 

 

10 years 16 weeks ago
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ironman510:

Like Hulk said it, now its 95,000 USD.. Oh Maybe Hulk and chime in on this, but have you been filing your taxes with the IRS, they might ask you, remember to file jointly as married its your proof you've been together..

10 years 16 weeks ago
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Hulk:

59k isn't going to work. You need 95k for 2 people!


Either that, or assets/etc that will get you to that amount.

 

Either that, or... a co-signer who can prove 125% of the poverty line for themselves + you two.

10 years 16 weeks ago
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Hulk:

Yes, my wife can travel back and forth fom China with her green card.

 

My ex-girlfriend also did this.

 

Can't afford to, though. cool

10 years 16 weeks ago
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10 years 16 weeks ago
 
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Yes I have been filing IRS.....but have not filed jointly as we have only been married since August. Also this last year did not have to report anything since I did not make much over here working as esl teacher. Do not think the IRS forms are going to help our situation much. Why is it 95K? When I would read the Affidavit of Support I just saw 125% above poverty which is 19,338. I do not doubt you guys. But, it does not make sense to me that they will allow someone to move back have a job making 20,000 but because of having to pay rent, utilities, insurance, etc. have only 100 dollars savings... bring their spouse over. Contrastly, we will have close to 60,000 us dollars saved up by the time we move that will allow us to put a down payment on a nice home to own, car, and will be more than enough to get us by even if we both do not have a job right away. Which is not our situation, because I will be able to find a teaching job and she will have some office job and will not be working at a Chinese restruant. My wife's English is better than mine and she has been working for international trade  for the past 3 years. Makes no sense whatsoever!?!? As my wife said "It's no fair!" I will stop rant......what if we have 60k in savings and mutual funds, my parents income is 40K? Will they be able to count homes and cars as assets too toward 95k figure?

ironman510:

Man, like Hulk said, you can ask you family to sponsor your wife or you have to come up with a bank statement stating that you have $95k in your account, those are your two best chances.. I read up on some history, yeah it was $65K back in 2009, but now it's 95K, maybe because the gov is already supporting too many illegals in the U.S as it is. Yes it isn't fair, but it is what it is.

 

Hulk has been to hell and back to get this done and kindly shared his whole story with us, I think the CR-1 and lesson and tips from Hulk will get you started correctly..

 

PS, April 2014 you will still be here, yes file taxes jointly with your wife and it can help alot. What you didn't file last year? Man we must file every year.. The risk yes is only 50/50 getting caught by the IRS, but during the CR-1 they might ask for your taxes, I'm just saying might... Call the U.S IRS in Beijing..

10 years 16 weeks ago
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Go to www.candleforlove.com

 

This is a great site and forum for people in your situation.

 

All your questions can be better answered there.

 

As far as the financial requirements are concerned, you can get a family member or friend in the US to co-sponsor your wife using the I-864 form. 

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10 years 2 weeks ago
 
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Go to www.candleforlove.com

 

This is a great site and forum for people in your situation.

 

All your questions can be better answered there.

 

As far as the financial requirements are concerned, you can get a family member or friend in the US to co-sponsor your wife using the I-864 form. 

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10 years 2 weeks ago
 
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