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Posts: 247

Governor

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Q: So what is the best/easiest way to get a Chinese wife into America "legally" for an avg. American ?

There is no rush, but because of serious illness in the family I will need to go back to the states for at least several months and possibly much longer (years) so I can be a primary care giver.

 

I have some savings in a Roth account, but having been a student for several years and then working here for 2 years my recent income has been well below what I used to make. I don’t have a house nor do I really want to buy one until after I am sure things are going to be acceptable to my wife and her daughter, assuming the daughter can even go.

 

If I reside in the states for 6 months before attempting the process, what would be a rough idea on how long the process would take? How much more complicated is it because of the stepdaughter? Could her real father forbid her from going? I have no idea about Chinese custody laws.

My intentions were to stay in China until the stepdaughter was basically ready for college, but there may be no other good option aside from accelerating the move.

 

Thanks for any and all advice.

9 years 47 weeks ago in  Visa & Legalities - China

 
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Posts: 2855

Emperor

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Spouse visa, maybe?

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9 years 47 weeks ago
 
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You must ask HULK, he knows the in and outs.

ou812:

I wanted to do that, but felt that it might be imposing on him. I have read enough to know that I might as well wait until I am in the states for 6 months before I try. The stepdaughter is the wild card, since I am sure that Chinese custody laws are probably as vague as the rest of the laws. I am guessing if her father really cares about the girl he will know that it would be good for her in the long term. I guess the easiest way will be for his ex-wife or daughter to ask him. There is no way the wife will leave the daughter in China nor would I ever consider doing so. Eventually it may be easier to contact a lawyer in America. I would have to think I would get better advice for fewer dollars than I would in China for my Yuan. In between I will see what other on her have to say and read through what Gary Chodorow has on his blog/website. Luckily I am not in a major hurry. The wife has agreed to be apart for a year if needed :-)

9 years 47 weeks ago
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Hulk:

Don't worry, I'm always glad to help. Have a sprite and a smile, lad. wink

9 years 47 weeks ago
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9 years 47 weeks ago
 
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Governor

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knock her up! 

ironman510:

How does that help if she's pregnant?

9 years 47 weeks ago
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9 years 47 weeks ago
 
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You don't need to reside in the states.

 

- If you've been in China for at least 6 months without leaving (each time you leave, the counter resets, so stay there), file for the electronic CR-1 visa.

 

- If you don't have the income, have a family member or friend co-sign for you.

 

- You need to prove you have a domicile in the states, too. That can be a co-signer, a friend, family member, whatever. Have them write a letter saying they'll let you stay with them.

 

- You need to prove that you were only temporarily out of the country. Your student visa will prove that. If you maintained a bank account in America, that will add to your proof -- especially if you used it while in China. Print out the bank records.

 

- Aside from the co-signer, try to have more than one piece of evidence (domicile, intent to return to the U.S., bonafide relationship, etc). We had about 30 pages of evidence proving our bonafide relationship, in addition to around 15-20 photographs that we cherry-picked from our travels.

 

Our evidence was irrefutable. Yours should be as well.

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9 years 47 weeks ago
 
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Governor

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I'm guessing getting your wife over may not be as difficult as getting your step daughter over.  At any rate an excellent website for learning about the process and where you would be better served to ask such questions is called "A Candle for Love".  Google it.  Someone there is bound to have such experience.  Best of luck.

ou812:

Thanks, I will be sure to check out that website :-) The stepdaughter makes the whole process much trickier, but surely I am not the only one to go through it.

9 years 47 weeks ago
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ou812:

I just tried that website, but can’t get access to it. Do I have to have a VPN to make the link work?

9 years 47 weeks ago
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9 years 47 weeks ago
 
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MORE stuff (do not ignore my previous advice):

 

- Maintain proof of you being included in the family, with your step-daughter. Photographs, etc.

 

- Unfortunately, the father can stop his daughter from going. You will likely need his permission written, signed, translated (you need both copies) and authenticated in Guangzhou. You essentially need to adopt her, and prove you adopted her.

 

- KEEP IN MIND, your co-signer needs to be able to support a family of 3, in addition to their family. This includes the step-daughter, you, and your wife. You + co-signer must be above 125% of the poverty line in your particular state. That also includes your co-signer, and anyone that person is supporting as well.

 

Example 1: your mom co-signs for you, and she's currently supporting a family of 4 in America. You will need to prove that you + her can support a family of 7. If you have zero income, you can still do this, as long as your mom is making enough for 7 or more.

 

Example 2: Your rich uncle is supporting himself and his wife, for a grand-total of 2 people. You, your wife and step-daughter are 3 people. This is a total of 5 people he needs to be able to support.

 

- You need to make a resume for your wife, and her plans to obtain employment in the U.S. You also have to do the same for yourself. If you get a job offer, that will help.

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9 years 47 weeks ago
 
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EXTREME WARNING TIME!!!!!!

 

NO MATTER WHAT, YOU MUST HAVE THE ORIGINAL COPIES OF ALL DOCUMENTS. IF SOMEONE CO-SIGNS FOR YOU IN AMERICA, YOU MUST HAVE THEM SEND YOU THE DOCUMENTS TO CHINA FROM AMERICA.

 

IF YOU HAVE PROOF OF DOMICILE & BANK ACCOUNTS IN AMERICA, THESE ALSO MUST BE SENT TO CHINA. THEY MUST BE ORIGINAL.

 

EVERYTHING MUST BE ORIGINAL... aside from some supporting documents. HOWEVER, DO NOT RISK IT!!!

 

Make sure everything is original just in case. Do not chance it. They will examine whether it's printer ink, or pen ink. Yes, they are that anal. And they should be!

 

FURTHERMORE, NEVER, EVER, EVER LIE OR MISREPRESENT ANYTHING ON THE FORM, OR IN DURING THE INTERVIEW!!! Your spouse and step-daughter will be permanently banned from the United States.

 

They are very good at catching fraud. It's not worth it.

"Oh, Hulk, it's okay. I can lie! If I get banned, I'll just change my name and documents and start again!"

 

Two words: facial recognition.

ou812:

Hulk, Thanks for all the advice :- ), but I am a bit confused. You say start the process here; wouldn’t it be easier to do it from America? I have no job there now, so wouldn’t it be better to have a job in America first? Having a domicile, is renting acceptable? I am going home at the end of the term so starting it now isn’t really an option. What’s your best guess on processing time from start to finish? I would have to think that the stepdaughter issue could double the time or is that being too negative? I am curious, if one gets a “co-signer” what are their legal liabilities in doing so? My wife would never wonder off into the wilds of America, but certainly no one in their right mind would sign on to unlimited liability or financial risk. My wife isn’t young nor is she rich, but she owns two apartments here in a small city in central China. Could she pledge the money herself or does the money have to be in an Americans name? How certain are you regarding the fathers acceptance? I have to wonder if it would be considered a major loss of face or looked at as really loving and doing what is best for his daughter? I wouldn’t ever try to take her to America without his blessing.

9 years 47 weeks ago
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Hulk:

Can you get a job in America? If so, go for it.

 

By the way, if your woman starts exhibiting shady red flags by the time you get home, drop her.

 

Processing time... start to finish? Well, we got our visa in 12 days after applying. This does NOT include mail delays, which took MONTHS.

9 years 47 weeks ago
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Hulk:

Co-signer's legal liabilities:

 

They're liable for supporting her. If she goes on emergency welfare, the co-signers get sued.


If she disappears, it's obvious green card fraud and you can report it. I doubt you'd be liable in such a case.

9 years 47 weeks ago
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ironman510:

How much money would the co-signer need to have in the bank for 3 + mom = 4 people ???, Just a guess please?

9 years 47 weeks ago
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Hulk:

For Alaska: $186,375 in the bank account, or $37,275 per year.

For Hawaii: $171,435 in the bank account, or $34,287 per year.

 

For every other state: $149,060 in the bank account, or $29,812 per year.

 

So, if you don't have the income (yearly amounts on the right), then you need 5 times the yearly amount in your bank account, or someone else's bank account, or combined (you+them).

 

Refer to this document: i-864p (USCIS.gov)

9 years 47 weeks ago
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Posts: 4

General

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from my past experience, it's unwise to hire amercan lawyer. there are agency with hands on experience, choose a reliable one. good luck~~

cub:

@carrieliu123 are u meaning a reg american lawyer or a lawyer who specializes only in immigration cases?

7 years 31 weeks ago
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7 years 31 weeks ago
 
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