Question: Need some help deciding which visa's I should focus on for my wife and child?
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Answer #1:
You should have filed for your daughter's birth abroad early,. I am not sure on the time limit and if it is a bit late ?You also have to prove that you have lived in the US for so many years before her birth but as I said I do not remember the years required,
Please read about this on consular report at this page :
Click Here
Here is info on the birth and residence for you as a US citizen
Click Here
Your wife would have to be sponsored by you to come to the US but as far as a visit I doubt that she will be able to come as a visitor since you are married.
The fact that she applied many years ago and denied will probably not have that much negative impact now..But as I said i am not an expert.I highly doubt about the tourist visa.
You could file from abroad but you will have to show financial support and a home for all of you.
Did you report your marriage at the US consulate in China ?
I will be back in a while going to look for more info for you and maybe in the mean time another reader will know more about this ?
PS :
I am back. The only thing I have found for sponsoring your wife but not for a visit is at this link bottom of page :
Click Here
Answer #2:
Let's do the easy stuff first. You can enter the US anytime because you are a citizen. You'll need a US passport, but that's something you can get from the local consulate or embassy.Your daughter may be a citizen, depending on your residence in the USA. It used to be ten years; I think that's more like five years. But you have to be able to document this, and you'll have to satisfy the Consulate that you do, in fact, have the required residency. Let's assume you meet that requirement, so your daughter is a US Citizen. Will China yank her citizenship? That's an issue you have to resolve with China. I suspect a lot will depend on how China regards dual citizenship. The US allows dual citizenship, with the caveat that you have to leave and arrive the USA with a US passport.
Your wife is the most difficult one. A tourist visa will depend on her ties to another country. In your case, China. If she has economic ties (a job) that'll help her. But how many employers will allow someone to leave for a year? That'll hurt. It's not impossible, but sounds very difficult.
You wife qualifies for an Immediate Relative immigrant visa. The processing may take several months, because China has a backlog of applicants. She can stay in the USA as long as she wants. When you return, she can ask for a two-year duration outside the USA. After that, she'll have "abandonned" her immigrant status.
Bottom line, I don't think you'll achieve your goals soon. But if you don't start now, you'll just be putting off their trip, so keep going!
Answer #3:
As "going_for_baroque" said, your daughter absolutely, positively MUST enter and exit the USA on an American passport. I can guarantee you that the US Consulate will NOT put a visa in a Chinese passport for your daughter.You don't have to file the Report of Birth Abroad for your daughter, but you can't take her to the USA unless you do. Call and ask the consulate if you don't believe me.
The easiest way to get your wife to the USA for a year is to file an I-130 and get her an IR-1 visa. You can file at the consulate (Consular Filing) since you actually live in China. Upon arrival in the USA she'll get her Green Card in the mail within 6 to 8 weeks.
Since you've been married over 2 years her green card will be the 10 year permanent one. Before you return to China she can file an I-131 to get a reentry permit. This will allow her to live outside the USA up to 2 years.
If after two years you are still living happily in China she can simply turn the green card back into the US consulate and give up her status. It will have absolutely no effect on her getting another green card at some future date.
The alternative is sweating out trying to get your wife a B-2 Tourist Visa (hard to get) and then hoping she's admitted for 6 months (the maximum) and then filing for an extension for another 6 months (almost never given anymore) and hoping that's approved.
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