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  • Question on change of status

    Hi, I am American and have been living in China for 7 years. My wife is Chinese and we have been to the USA 3 times already with her using a 10 year B1/B2 visa (I met her after I moved to China). We got married on our 2nd trip here and didn’t think it was necessary to tell immigration since we planned to come back to China. This was no problem on our 3rd trip here when we went through immigration together at the airport and said we were married (that was the reason for her to use the line with me for American citizens). Anyway, my question now is what happens if we decide not to come back to China the next time we visit the US? Most likely we would return to China after our summer vacation (we are teachers in China), but what if we really decided to stay, if, for example, I found a better job in the US after a few weeks there? Would it be ok to just file for a change of status in that case?
    I ask questions!

  • #2
    EASY! You don't want to apply for the change of status as the application for green card is a much more detailed requiring more information. You simply not worry about the ten year visa you got, only state it where you need to put her addresses after she has reached the age of 18. You need to file a brand new application for her "Spousal visa" Make sure she will remain in US LEGALLY, all the rest is easy, once the forms are completed and submitted, the process will start and she will be contacted for an interview which in your case will be pretty straight forward. There MAYBE a question about her current visa status which you will then state and provide the visa number.
    Good luck with the procedure, your wife will be granted her green card pretty easily.

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