HELP!

[mikepellicore]

Hi , My name is Mike, I have been here before, but I really need some help. I just read again, that I need a foreigner's residence permit, for marriage, and even more important for the first time, for a I-130, it says that I must prove more than 6 months residence, and a valid visa to file for I-130. this is the first time I have seen this in three months of studying the path to USA. Please tell me that this is for DCF in Beijing or Shanghai, and not for filing from USA. Thank you , Mike and Zhen

[Guest pushbrk]

Hi , My name is Mike, I have been here before, but I really need some help. I just read again, that I need a foreigner's residence permit, for marriage, and even more important for the first time, for a I-130, it says that I must prove more than 6 months residence, and a valid visa to file for I-130. this is the first time I have seen this in three months of studying the path to USA. Please tell me that this is for DCF in Beijing or Shanghai, and not for filing from USA. Thank you , Mike and Zhen

 

This is for filing DCF. If you live in the USA and are a citizen, you don't need any US visa. Where are you reading this?

[mikepellicore]

Hi , My name is Mike, I have been here before, but I really need some help. I just read again, that I need a foreigner's residence permit, for marriage, and even more important for the first time, for a I-130, it says that I must prove more than 6 months residence, and a valid visa to file for I-130. this is the first time I have seen this in three months of studying the path to USA. Please tell me that this is for DCF in Beijing or Shanghai, and not for filing from USA. Thank you , Mike and Zhen

 

 

It said I need a chinese visa good for more than 6 months and a foreigner's residence permit to file a I-130, U.S. Consulate Beijing I-130 checklist. Must prove more than 6 months residence.

[david_dawei]

Hi , My name is Mike, I have been here before, but I really need some help. I just read again, that I need a foreigner's residence permit, for marriage, and even more important for the first time, for a I-130, it says that I must prove more than 6 months residence, and a valid visa to file for I-130. this is the first time I have seen this in three months of studying the path to USA. Please tell me that this is for DCF in Beijing or Shanghai, and not for filing from USA. Thank you , Mike and Zhen

 

 

It said I need a chinese visa good for more than 6 months and a foreigner's residence permit to file a I-130, U.S. Consulate Beijing I-130 checklist. Must prove more than 6 months residence.

 

What your reading is the Consulate's instructions for the I-130 to be FILED AT THE CONSULATE (technically filed with USCIS oversea).

 

If you plans are to marry and file in the US (at USCIS state-side), then ignore those Consulate instructions.. Only need to follow the state-side instructions...

[Guest pushbrk]

Hi , My name is Mike, I have been here before, but I really need some help. I just read again, that I need a foreigner's residence permit, for marriage, and even more important for the first time, for a I-130, it says that I must prove more than 6 months residence, and a valid visa to file for I-130. this is the first time I have seen this in three months of studying the path to USA. Please tell me that this is for DCF in Beijing or Shanghai, and not for filing from USA. Thank you , Mike and Zhen

 

 

It said I need a chinese visa good for more than 6 months and a foreigner's residence permit to file a I-130, U.S. Consulate Beijing I-130 checklist. Must prove more than 6 months residence.

 

It sounds like you are reading instructions for filing DCF in Beijing. Unless you have lived in China for six months and have a residence permit for China, you cannot do that. If you are currently a US resident and will remain so, those instructions do not apply to you. I asked you where you were reading this, not what it said.

[david_dawei]

Hi , My name is Mike, I have been here before, but I really need some help. I just read again, that I need a foreigner's residence permit, for marriage, and even more important for the first time, for a I-130, it says that I must prove more than 6 months residence, and a valid visa to file for I-130. this is the first time I have seen this in three months of studying the path to USA. Please tell me that this is for DCF in Beijing or Shanghai, and not for filing from USA. Thank you , Mike and Zhen

 

 

It said I need a chinese visa good for more than 6 months and a foreigner's residence permit to file a I-130, U.S. Consulate Beijing I-130 checklist. Must prove more than 6 months residence.

 

It sounds like you are reading instructions for filing DCF in Beijing. Unless you have lived in China for six months and have a residence permit for China, you cannot do that. If you are currently a US resident and will remain so, those instructions do not apply to you. I asked you where you were reading this, not what it said.

 

He's reading it from the consulate website:

 

http://www.usembassy-china.org.cn/guangzhou/uscis/I130.html

[mikepellicore]

Hi , My name is Mike, I have been here before, but I really need some help. I just read again, that I need a foreigner's residence permit, for marriage, and even more important for the first time, for a I-130, it says that I must prove more than 6 months residence, and a valid visa to file for I-130. this is the first time I have seen this in three months of studying the path to USA. Please tell me that this is for DCF in Beijing or Shanghai, and not for filing from USA. Thank you , Mike and Zhen

 

 

It said I need a chinese visa good for more than 6 months and a foreigner's residence permit to file a I-130, U.S. Consulate Beijing I-130 checklist. Must prove more than 6 months residence.

 

thank you so much, I new the checklist was from Beijing, and I thought it was for DCF, but what about the foreigner's residence permit being needed to get married? I am going there to get married at the end of October. Does it take long to get this permit? Are there restrictions to getting this permit? I plan on filing I-130 as soon as I return to the USA. I have most of the documents except our marriage papers, (as soon as we marry). I have 4

certified copies of every thing so I can send an original certified copy with I-130, I-129F, one for the interview, and one for emergency. I have completed several copies of the G-325A, except for signatures and dates. Should I have these notarized or is that overkill?

Thanks again, I don't want to make a mistake, it doesn't hurt to ask even if you think you already know the answer. We have to get to the interview!

[SirLancelot]

 

thank you so much, I new the checklist was from Beijing, and I thought it was for DCF, but what about the foreigner's residence permit being needed to get married? I am going there to get married at the end of October. Does it take long to get this permit? Are there restrictions to getting this permit? I plan on filing I-130 as soon as I return to the USA. I have most of the documents except our marriage papers, (as soon as we marry). I have 4

certified copies of every thing so I can send an original certified copy with I-130, I-129F, one for the interview, and one for emergency. I have completed several copies of the G-325A, except for signatures and dates. Should I have these notarized or is that overkill?

Thanks again, I don't want to make a mistake, it doesn't hurt to ask even if you think you already know the answer. We have to get to the interview!

 

 

In the past you may have needed a permit, but now you don't need that. All you need is a notorized statement from the embassy or consluate stating that you are single and legal to marry again. That is all you need on your side. The Chinese SO will need some things on her side but she'll be familiar with those requirements.

[david_dawei]

You don't need the permit to get married..

 

Go here, scroll down to the DCF & HK FAQ.. there's a section on getting married in China; where to get married, what documents you need, sample single status, how to get them in china, etc...

 

http://candleforlove.com/forums/index.php?showtopic=19303

 

To file state-side, follow these instructions:

 

http://www.visajourney.com/forums/index.ph...mp;page=k3guide

 

Nothing get's notarized/certified as to the US forms... But the marriage certificate will need to be translated (and I presume this is notarized).

[Guest pushbrk]

Hi , My name is Mike, I have been here before, but I really need some help. I just read again, that I need a foreigner's residence permit, for marriage, and even more important for the first time, for a I-130, it says that I must prove more than 6 months residence, and a valid visa to file for I-130. this is the first time I have seen this in three months of studying the path to USA. Please tell me that this is for DCF in Beijing or Shanghai, and not for filing from USA. Thank you , Mike and Zhen

 

 

It said I need a chinese visa good for more than 6 months and a foreigner's residence permit to file a I-130, U.S. Consulate Beijing I-130 checklist. Must prove more than 6 months residence.

 

thank you so much, I new the checklist was from Beijing, and I thought it was for DCF, but what about the foreigner's residence permit being needed to get married? I am going there to get married at the end of October. Does it take long to get this permit? Are there restrictions to getting this permit? I plan on filing I-130 as soon as I return to the USA. I have most of the documents except our marriage papers, (as soon as we marry). I have 4

certified copies of every thing so I can send an original certified copy with I-130, I-129F, one for the interview, and one for emergency. I have completed several copies of the G-325A, except for signatures and dates. Should I have these notarized or is that overkill?

Thanks again, I don't want to make a mistake, it doesn't hurt to ask even if you think you already know the answer. We have to get to the interview!

 

Don't notarize the I-130 or the G325A. Papers that require notarization are specifically indicated.

 

This is the wording your are looking for with regard to marriage in China.

 

How do I get the Certificate of Marriageability?

The U.S. Consulate has the authority to issue Certificates of Marriageability for Americans who wish to marry in China. If you have been married previously, please bring original or certified copies of all final divorce decrees, annulment decrees, or death certificates if widowed. To apply for a Certificate of Marriageability, you and your fiancé(e) are required to apply in person at U.S. Consulate Shanghai. You must bring your U.S. passport and your fiancé(e) must bring his/her Chinese National ID (shenfenzheng) and Family Registration Book.

 

This is for Shanghai but it is pretty much the same for other Consulates. I think that in Guangzhou, the fiance does not have to be present in person. You can check the specific website for the Consulate you will visit and/or email them for specific instructions. If you'll do a search on "Certificate of Marriageability" or even simply "marriage in China" you'll find the information you need for both of you.

 

There are two other ways for a US Citizen to obtain the needed certification of marriageability but if you will be near a US Consulate in China, going there in person is by far the simplest way to do it.

Edited September 10, 2006 by pushbrk (see edit history)

[SirLancelot]

How do I get the Certificate of Marriageability?

The U.S. Consulate has the authority to issue Certificates of Marriageability for Americans who wish to marry in China. If you have been married previously, please bring original or certified copies of all final divorce decrees, annulment decrees, or death certificates if widowed. To apply for a Certificate of Marriageability, you and your fianc(e) are required to apply in person at U.S. Consulate Shanghai. You must bring your U.S. passport and your fianc(e) must bring his/her Chinese National ID (shenfenzheng) and Family Registration Book.

 

WOAH! This is definitely new. I researched into this earlier this year and I was living in SH then. I checked the USCon SH and it did NOT require that the fiancee be there too. This is a NEW requirement if true.

 

It probably came into affect after IMBRA. I did my research before IMBRA really started being implemented.

[david_dawei]

How do I get the Certificate of Marriageability?

The U.S. Consulate has the authority to issue Certificates of Marriageability for Americans who wish to marry in China. If you have been married previously, please bring original or certified copies of all final divorce decrees, annulment decrees, or death certificates if widowed. To apply for a Certificate of Marriageability, you and your fianc?(e) are required to apply in person at U.S. Consulate Shanghai. You must bring your U.S. passport and your fianc?(e) must bring his/her Chinese National ID (shenfenzheng) and Family Registration Book.

 

WOAH! This is definitely new. I researched into this earlier this year and I was living in SH then. I checked the USCon SH and it did NOT require that the fiancee be there too. This is a NEW requirement if true.

 

It probably came into affect after IMBRA. I did my research before IMBRA really started being implemented.

 

The experiences definitely vary from the posted instructions.. I recall one member who said the SO waited outside and he went to get her ID.. didn't need to see her. I'm not sure it has anything to do with IMBRA... but interesting to note if it is the case..

[Guest pushbrk]

How do I get the Certificate of Marriageability?

The U.S. Consulate has the authority to issue Certificates of Marriageability for Americans who wish to marry in China. If you have been married previously, please bring original or certified copies of all final divorce decrees, annulment decrees, or death certificates if widowed. To apply for a Certificate of Marriageability, you and your fianc?(e) are required to apply in person at U.S. Consulate Shanghai. You must bring your U.S. passport and your fianc?(e) must bring his/her Chinese National ID (shenfenzheng) and Family Registration Book.

 

WOAH! This is definitely new. I researched into this earlier this year and I was living in SH then. I checked the USCon SH and it did NOT require that the fiancee be there too. This is a NEW requirement if true.

 

It probably came into affect after IMBRA. I did my research before IMBRA really started being implemented.

 

The experiences definitely vary from the posted instructions.. I recall one member who said the SO waited outside and he went to get her ID.. didn't need to see her. I'm not sure it has anything to do with IMBRA... but interesting to note if it is the case..

 

In Novemeber 2005, GUZ responded to my email by indicating I should bring my fiance's Chinese ID card and proof of any divorces, if applicable. Her presence was not required. I seem to remember others reporting that Beijing required both to be present.

 

As you've said, experiences vary from the posted instructions. I would add that policies change without being posted on the website and advise all concerned to email the appropriate Consulate in advance for their current policy.

Edited September 10, 2006 by pushbrk (see edit history)

[ericeblack]

I was just recently married in China. I got my certificate of marriagability from the Beijing Embassy. My wife had to be present because they gave us a short interview. Just simple questions...how did you meet, how long have you know each other, future plans etc. It took about 30 second to answer all the consuls questions. I just gave them my passport and my wifes ID and asked for a certificate. !0 minutes later they came out with one in both Chinese and English. The counsul asked his questions and I signed the paper. Very easy. As long as you are not currently married I don't think the consulate can deny you this certificate. We had not trouble at all.

 

To get married all I needed was my passport and this certificate. No residence permit is required for this. You can marry on any type of visa. The visa I had at the time as a business visa. As long as you have any visa you can marry. I married in Hebei province in the capital Shijiazhuang. Other provinces may be different. It was very easy here. Once hour and we had our marriage certificate.

 

I am now in the process of getting my residence permit. This takes time to get. First, you need to have a job in China. Your employer must then file paperwork with the local authorities and give you a letter from the local government. If you are in the states you send this letter, visa application, and your passport to the Chinese Embassy in America...they will then send you a Z visa. If you are in China you must take you letter to Hong Kong to do this. You Z visa is not your residence permit. It is considered your working visa. Your Z visa is good for ONLY 30 days after you enter China. Once you enter, you must find an appartment if your employer does not provide one. Then you have to give you passport and visa to your employer and they will send it away to get your residence permit. You must have a residence and a job in China to get a residence permit. Once you give your employer your passport it will take between 14 and 20 days to get your residence permit.

 

When you want to file a I-130 from within China, you have to file at the USIC office where your residence is located. I live in Xiamen so I have to file at Guangzhou. If you are filing the I-130 in the US You DO NOT need a Chinese residence permit. DCF means to directly file a I-130 form in a different country. Therefore it is a process reserved for people who hold residency to that country. You can not come to China on a tourist visa and file a I-130 here. You can only file an I-130 in China if you have a Chinese resident permit.

 

Also, as far as I know, it is no longer nessessary to have residence for longer than 6 months.

 

"Petitions on behalf of immediate relatives may be filed in person at the DHS office in Beijing or at the American Citizen Service office of any Consulate near your residence in China. However, if you do not have a valid Chinese "Foreigner Residence Permit", "Z" work visa, ¡°X¡± student visa, or other long-term official authorization permitting you to live in China, you should file your immediate relative petitions with the nearest immigration office (DHS/BCIS) in your home state in the U.S."

 

As long as you have a Z visa or a Residence Permit you should be ok.