If you, like me, have a Chinese spouse then there’s a good likelihood that at some point you will want to obtain permanent residency in your country for your husband or wife. Each country’s rules and regulations will vary, with some countries’ procedures being relatively simple, while others are quite complex. Today we’ll take a look at some tips for preparing your spouse’s green card application from the American perspective.

1) Proving you have a "bonafide relationship"

You know your marriage is real, but sham marriages are especially common in China, and it is up to you to present convincing evidence that your relationship with your spouse (or fiancée) is legitimate. How can you do this? By presenting evidence that the two of you have an ongoing relationship that has evolved over a period of time. When you submit your application it is best to include photos of the two of you together in different settings with family and friends (just wedding photos won’t cut it, as those are easy to fake). You may also include chat logs (especially important if you are living in a separate country from your spouse), phone records and e-mails to show that you communicate regularly. If you speak different languages, be prepared to explain, and even prove, that you are able to communicate with each other. You may also include letters, or affidavits, from friends and family which state that they know your spouse and briefly explaining their relationship with the both of you. You should also include a document which explains the evolution of your relationship, including how and where you met, how your relationship progressed, when and where you married, etc.

2) Addressing "Red Flags"

There are certain "red flags" which will make a visa officer suspicious about your application, and it is best to address those up front, explaining them in detail when you first send off your application. Red Flags can include a short courtship period and a "hasty" marriage, especially coming closely after a divorce. If you and your spouse have met through the internet and you have only seen him/her in person once before deciding to get married, that can send up signals to immigration that perhaps your marriage is not legitimate. Having previous green card applications that ended in divorce can also signal to the visa officer that perhaps you are marrying foreign women for profit. If you hire an immigration attorney he or she can review your application and spot potential red flags and give advice as to how to deal with them, but not everyone can afford to hire a lawyer, so review your application carefully and try and put yourself in the shoes of the visa officers and look at your case objectively. If someone else told you a story similar to that of you and your spouse, would you find yourself feeling a bit skeptical, wondering if the guy was being taken by a green card-digger? If there are any parts of your story which make you pause and go "hmmm," then be prepared for the visa officer to question those parts as well.

3) Financial matters

In order to legally apply to bring your spouse abroad you must prove that you are able to provide for your spouse. This means that you need to make a certain amount above the poverty line (the exact amount changes year by year, so visit the USCIS website to find out more) otherwise you’ll need a co-sponsor. Even if you are living in China you’ll still need to provide tax returns, despite the fact that you most likely will not owe anything in taxes. You will also have to prove to Customs and Immigration that you have maintained a home in America, especially while living abroad. This issue is called "establishing domicile" and if you have been living in China for a long period of time this can be tricky. You can help establish domicile by making sure you have an active bank account in your home country, by applying for jobs in your home country and arranging interviews, by having an apartment or house established as your "residence" (even if you plan on living with family) and by having mail sent to that address in your name in advance.

4) Preparing for the interview

When your spouse is granted her interview it is best that he or she should prepare a bit before going in. The interview is the ultimate deciding factor as to whether or not your spouse is granted a visa. Your spouse should bring with him/her the supporting evidence that you prepared (pictures, letters, statements) even if you sent this evidence in already with your original application. Your spouse should also be prepared to answer questions about you, your job, your family and your relationship. Make sure that your spouse knows your basic family history – your mother and father’s names, where you were born and raised, your job and what it entails. If your spouse claims to speak English he or she should be prepared to answer questions in English, so your spouse should consider carefully whether or not he/she is comfortable using English to answer basic questions about the relationship. Visa officers do speak Chinese so if your spouse is not comfortable then it is best to stick to that language. Do be aware, however, that if you claim on your petition that you and your spouse use English to communicate but your spouse fails to display basic English proficiency at the interview then this could throw up some red flags for the visa officer.

5) Be Prepared to wait

The process of bringing your spouse over to your home country on permanent residency can take a long time. If you are living in China then luckily you can file directly at the consulate (this is called DCF, Direct Consulate Filing) which can cut down your wait time considerably, but it is still best to expect a six month wait at minimum, with many applications taking well over a year to process from start to finish. There is generally no way to expedite the process, so expect the worst, hope for the best, and bring a healthy dose of patience with you!
 

Related Links
How to Get Married in China
China Online Dating Guide, Part 1: Don't Believe the Hype
Don't Have $500000? You're Staying a Semi-Permanent Resident

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