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Immigration Issues/expat brother married chinese wife

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Question
Hi,

My brother is an American citizen living in China where he teaches English.  He recently married a Chinese woman. He has no intention on returning to the states to live.  However, he would like to come back to the states to visit with his new wife, probably for 3 weeks.  We were informed that she could not be issued a tourist Visa, since they are afraid she might defect.  A friend suggested that he could get a temporary green card at the consulate in China, and when they get to the states she could file for a re-entry permit.   

I would just like to know if this is true, and if so, how I can obtain these documents.  Is the temporary green card form I-130 and the re-entry permit form I-131?  Also, can the re-entry permit be renewed every 2 years.  And is there a requirement to return to the states to maintain green card status?  Any advice is greatly appreciated!!!

Thank you,
Alan

Answer
Hi Alan,

The appropriate category for entry of your brother's wife is K-3 visa. Both an I-130 and an I-129F must be filed: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a

The Consulate will not issue a visitor visa, and other categories are not applicable such as student (which also requires a nonimmigrant intent similar to visitor visa), or employment-based (which requires a bonafide job offer for a specialty occupation, etc.)

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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