Me - USA Citizen Her- PRC citizen want to marry and she wants to keep her PRC passport

[Herojay]

Hi All,

 

First, have done a search but found so many inter-related / non-related posts I found myself quite confused. So apologize if someone points out I could have just read an old post...

 

I have begun the USA gov analysis of forms and different ways of getting married but have a fundamental question.

She wants to keep her PRC Citizenship (passport) and so it seems she could stay here with a Green card. Is this true? If so, how long can she stay? 

 

Next, I read at USA gov we could marry in China, we could marry here in USA (plan to do both) but does anyone have any experience or recommendations on the best process?

 

Finally, in about 5 years, will retire and then we plan to live 50% China (we own an apartment) and USA (we own a home). Assume all would be good  with any time restrictions each visit etc as we could just go back and forth. Any concerns or comments?

 

Thanks

 

Jay

[chiuyan]

After you guys are married you will be able to sponsor her for a permanent residence.  Permanent residence is permanent (as long as you follow the rules)--she doesn't have to apply for US citizenship if she doesn't want to.  If she chooses to apply for US citizenship, the US will not care if she keeps or renounces her Chinese citizenship, but the Chinese government will cancel her Chinese citizenship (note that applying for pr based on marriage can be complicated, so start your research BEFORE getting married).

 

Permanent residence, while permanent, is conditional on residence.  If you plan to make extended trips outside the US (I think if it is over 6 months) you have to apply for a permit and it might be denied.  If you plan to consistently live half of the year outside the US, I would plan on living a bit more than 50% in the US just to maintain that as your main residence.

 

PR status can be revoked if a judge orders it for things like certain felonies, failing to pay your taxes, etc. so it is not quite as "guaranteed" as citizenship.  Also, if you guys ever got divorced her pr status could be revoked as well.

 

Disclaimer: I am not a lawyer, but I went thru this process with my wife (she is not from China, but that shouldn't matter from the US side of things)

[roddy]

When it comes to China-US marriage issues, you're probably better of on candleforlove.com. Huge amount of experience and expertise there.

[Lu]

17 hours ago, Herojay said:

I read at USA gov we could marry in China, we could marry here in USA (plan to do both)

You can only marry once (unless you divorce). So you cannot legally marry in both places. What you could do is have a legal wedding in one country and a social wedding in the other.