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Found 20 results

  1. Quick questions I can't find clear answers to elsewhere: My baby was born in China earlier this month. I am in the US and cannot go to China. Question 1: To apply for the CRBA, are scanned/printed copies of physical presence acceptable, or do I need to mail university transcripts and other documents to my wife? Question 2: Do I need to amend or submit further documents to my wife's I-130 application regarding our child, or because the baby will have a US passport is further documentation unnecessary? Thank you for any clarification the forum may provide.
  2. Hi All, Thanks for the help last time, got the CRBA or consular report of birth abroad and my sons USA passport. But now I need to visit the entry/exit bureau to get the entry stamp on his passport. Does anyone know how that works? Also my wife is doing her IR-1 and they are asking in addition to many documents any criminal records for when she lived in the states. She only lived there for two years, but does anyone who has dealt with this before had a similar issue? Thanks in advance for everyone’s help or advice on this. Bill
  3. This is my first post. I’ve gotten a ton of valuable information from this community and so far I’ve been able to find answers to all my questions here! However I’ve hit a roadblock and we are working on a tight timeline so I need some help. My husband was born in the US and lived there till he was 6 years old before leaving due to his dads work which brought him to many countries. He returned to the US at age 17 for university for 4 years. During university he traveled in and out of the US to visit his family. After that he moved back home and never lived or worked in the US but would travel back for business or pleasure. He definitely meets the 5 year physical (incl 2 years after age 14) presence requirement for our children to receive CBRA. However he does not have his first passport which shows his first 6 full years in the US. He has his university transcripts and passports showing his total presence in the US after age 14 to be just under 4 years. We have been married for 15 years and have two children born in China, aged 8 and 10. We live in Beijing but never went to the US consulate there to register their birth. We never went through the CRBA process because we could not provide evidence of the total 5 years physical presence before the children worn born. My husband found work in the US and left in January to start a new job there. Myself and the kids are still in China trying to get our PR or passports to join him. We hope to leave in June after the school year so that the children can start school in the US in August. Since we did not file CRBA, in December he filed a petition for all three of us to obtain immigrant visas. The process has been smooth and quick. We received notice to book our interviews in early March and I’m busy gathering all the documents for the interview which we plan to schedule in May. However, after much research and talking to someone in a similar situation it seems that we need to prove that our CRBA was denied and its not our own choice to choose either CRBA or I-130. My husband will be back in May to try filing CRBA and get US passports for the children. If that is denied then he should get a letter of denial which we will present at our immigrant visa interview. My questions are: 1. Is this a feasible plan? 2. If CRBA is denied, do we get the denial letter on that day? Because we would like to go for our medical and immigrant interview ASAP after the denial. 3. Will Guangzhou accept the denial letter at the interview or was it supposed to be submitted at petition time? I wonder why they didn’t ask for that when it’s clear that my husband is a US citizen through birth in the US. 4. If we go our our visa interview in mid May, would we be able to leave China on the last week of June?
  4. Hi all Happy Thanksgiving! Being in China again during the holiday left me without yet another turkey dinner. I am going to throw this out and see what comes back to me. I've been in China for 12 years. A long time yea I know. I am married with two lovely twin girls(6 months). I of course want them to go to school and live in the USA. For obvious reasons. right? Here is the deal: I want them to understand China before I take them home. That means we will remain inside China for at least 5 more years but I am thinking more like 10. So theyll have some school here but no freaking gaokao for my angels. I want to know so many things so i'll just have to be anal about it and list them. If anyone can help, way cool. thanks in advance! 1. If my girls get their American passports but live in China how does it work with visas for them? 2. Do they need a visa? 3. This one is complicated: We did not go to GZ yet because there were issues after the birth but all is well. We didn't want to take the girls on a train at such a young age. So i am sure that I will have to pay some stupid fine. As if I broke a law having children. 4. Once my girls get their passports & visa etc blah blah, what do I need to do about getting my wife a tourist visa to go visit my hometown(Chicago)? 5. Is it easy for my kids to go to the USA? 6. What will happen to their hukou? 7. I forsee a major clusterfudge of paperwork, interviews and so on. What could I fully expect to see in terms of getting my girls their passports, visiting chicago and keeping them living in China for the next 10 years. 8. Any external links you may suggest to me? I would like to say that this site is really good and would like to thank all of you here. You make the world a bit easier for us red-tapers. - David
  5. ...so my second wife and I were married in the United States. It was on a tourist visa, which she got a few months before our planned summer vacation back to California. We live in China. About a month before we go, we find out that we're expecting. Looking at the marriage requirements for China, we just got married in my hometown because it was hella easier. (I also know from experience --my ex-wife is also Chinese -- that getting married in China has a lot of bureaucracy that I really wasn't interested in.) So we get married in California. Then we went back to China. About a month ago, my second son was born. My wife's tourist visa is good for 10 years. I want to apply for his passport but I have concerns about how it will affect my wife's tourist visa. She has no interest in immigration, but would like to visit in the summers. Will applying for our son's American passport affect her tourist visa? Looking at the instructions it says they need to see both parent's passport and marriage certificate. Thanks for the advice. maybe I'm being paranoid.
  6. The child was born in China. The father is a naturalized U.S. Citizen. The mother is a LPR. The child could not obtain automatic citizenship, because the father did not reside in the U.S. for 5 years. The child had to go thru immigration processing and entered the U.S. with IR-2 visa. Now the confusion begins. There are two laws INA 320 and INA 322. INA 320: the child receives citizenship automatically upon entering U.S. INA 322: the child must apply and his/her U.S. parent must prove 5-year residence in the U.S. Initially, it is believed that the child falls under INA 320. But when applying for a US passport for the child, the US parent was asked to provide secondary evidences, one of which including: "A statement of your U.S. citizen parent detailing all periods and places of residence or physical presence in the United States and abroad before your birth." (See link; scroll down to "Foreign Documents + Parent Citizenship Evidence") Does this mean the U.S. citizen parent has to meet the 5 year residence, as INA 322 required, anyway? Another question is: is it necessary to get a Certificate of Citizenship first? Or directly get a passport is OK? And which form to file? N-600 or N-600K for the Certificate? Thank you for your help.
  7. Hi guys. My fiancee is 7 months pregnant (Due May 8th) and we are beginning the process of the CR-1 Visa. My work visa here in Shenzhen lasts until July 10th. My head is starting to spin thinking of all that needs to be done and knowing that I have so many questions about this process. We have to go to Nanchang (hopefully next week) to actually get married, after which I will try to DCF the I-130 petition as soon as possible. I have a lot of questions that I would greatly appreciate your help with. 1. About the process of actually getting married. From what I've gathered from my fiancee, we need to go to Nanchang because I'm a foreigner and her hometown of Ji'An won't process a marriage with a foreigner. Do I need to do anything special to make sure the marriage is properly registered after I marry in Nanchang? 2. I read that when I bring in the I-130 to Guangzhou, I will need a notarized marriage certificate. I've also read that I will need to bring a notarized translation of the marriage certificate. Where can I get these notaries completed? Do other documents need to be notarized such as birth certificate and police report? I read that her birth certificate, which I think we only need for the interview not for for the I-130, must be obtained by a "local notary public office", and I'm not sure what that means. Does she need to go to Ji'An to get a notarized birth certificate? 3. Since my visa expires July 10th and I doubt the process will be finished by then, what can I do to make sure I'm able to stay in China until the process is complete? Should I go to Hong Kong and apply for a tourist visa? Or is there a longer term visa I can apply for since I will be married? Can we still stay in Shenzhen if neither of us are working or would we have to live with her parents? I'd really like to avoid that because they live in a tiny village in the mountains and I'd rather not bring my newborn baby there. 4. For filling out the I-130, I know this question has been answered before so forgive me, but line 1, 2 and 3 about name address obviously is meant for names and addresses in English. Do we just attach a form with her name and our adresses written and write "see attached form"? Should we use Pinyin or Chinese characters? Line 20 says to write the name and address in relative's native alphabet, so I'm assuming for line 1, 2 and 3 we would use Pinyin. The next few questions are concerning the interview, which I know is in the future but it would help put my mind to rest having a few things cleared up: 5. Does she need to bring both of our "police certificates" or criminal records with her? Or is it just her police certificate she needs to bring? If she needs mine, would I need to provide one from America and Suzhou (where I lived last year) and Shenzhen? 6. I read that her medical examination must be completed in a designated place, but I didn't see it written where that designated place is. Will we have to go all the way to Shanghai to get the medical check done? I'm worried that because the baby is due in early May it will be complicated for her to be travelling around and getting vaccinations. 7. I don't think I'll have a job lined up for when I get back to the US. We've saved up some money and I was planning to go job hunting once I actually get back to the US. I will have a joint-sponsor (my mother) because I would not qualify. Will it be a problem that I don't have something lined up for when I get back? Is one joint sponsor enough (she is well above the poverty line but not rich). Okay that's all that's coming to mind right now. I'm sorry for so many questions, but I'm just feeling very overwhelmed especially with the baby on its way. I'm sure that as I go through the process I will think of a few more. You all are an amazing resource, thank you so much,
  8. My fiancee is pregnant and our baby is due in May. She and I are living in China together. We are just about ready to send our i-129f package out. A previous post discussed how the new Obama legislation on immigration may slow down other immigration processing, I'm wondering if anyone thinks that may be true for the K-1 visa as well, or since it's a non-immigrant visa it may not be affected? Our plan was to hopefully move to the U.S. in August, assuming everything went according to plan with the K-1 visa. So my questions would be: 1. Is the 7 month timeline a realistic expectation, especially considering the new immigration legislation? 2. If the K-1 visa were granted earlier than expected or the baby wasn't quite ready for the move, is it correct that we have a few months to leave China before the actual "3 months to marriage" countdown begins? 2. Will the pregnancy/baby have any effect on the visa process for my fiancee? I am assuming she will either be very pregnant looking or will have given birth shortly before the interview in Guangzhou. Again, thank you so much to the people who reply on this site! It's unbelievably helpful and so appreciated.
  9. Hello all, We are just about and the end of the long immigration process of getting my family to the US. I have searched many sites, without any luck, concerning the requirements to properly exit China with our daughter. It seems everyone who has done this has a different situation and story. She has her US passport, but has been living in China via my wives household registration book (Hukou , so she doesn't have any Chinese issued visas in it. We tried to get her a Temporary Exit permit (Tongxing Zheng ֤ͨ), but we were turned down, both here in Xiamen and back in her hometown. We were successful in obtaining a Chinese passport. Does anyone know the process of getting a Pro-forma visa from the consulate general in Guangzhou? I checked both their website and ustraveldocs, but I drew a blank. Thanks in advance, Phil
  10. This week the Chinese govt changed the policy for exit of a baby with a us passport and a chinese mother and us citizen father. They are no longer giving exit and entrance books. We had to file for Emilys chinese pasport. And get a us visa issued to the chinese passport. Even though she has a US passport. Nedless to say this caused us a lot of isues his week. Since we were near guz trying to file the paperwork we did a quick passport application and tomorrow I will hit the consulate during the open 2 hour friday window time. Hopefullythey will have a easy way to quickly file for and get the visa when the passport arrives. I broke a rule and purchased the plane tickets for for jan 18. Stupid thing is the baby lap ticket has her English name and her chinese passport has to have the chinese name. Sorry fir extra typo s tablet is not good for my finger,
  11. I am not sure if the I-130 can be handed in at the ebmassy in Guangzhou. I saw that the USCIS has a walk-ins on Fridays from 8:30 to 10:30. Do they have to be handed in during this two hour window only on Fridays? Thanks for your help...I am just starting the process for my wife and getting my daughter registered as a US citizen.
  12. Hi everyone this is my first post. I am posting for a friend of mine who's going through this problem. Here's the situation: - My friend is a naturalized US Citizen. He was married with his wife in China, and they are living there, for over 2 years. - My friend applied for his wife to come to US, by filing I-130 stateside. It was filed around March 2013. It was approved and sent to NVC just recently, March 2014. -They had a baby girl born on July 2013 in China. - My friend thought his baby could get US Citizenship automatically. But when he went to the embassy, he found out she can't. Because he did not meet the "5-year US residency" requirement. - My friend will have to file for I-130 for his baby to come to US. Then, once the baby sets foot in the US, she can become citizen right away. Now, apparently, we would want the baby and the mother to come to US together. If my friend files I-130 stateside, it would take a whooping 12 months + for process. The baby cannot be separated from her parents that long. Again, the mother's case is now in NVC, and they were just starting to file I-864 and DS-260 etc for the mother. What can we do for the child? How can we get the baby to come with the mother? Please help. Thank you.
  13. In July or August Yuan and I will be going thru the Cirt of Birth Abroad/passport/SS card paperwork in Shanghai for our daughter. She wanted to do it in Guz, but I am going to be very busy with the factory construction and machine install that I will not have the time to go there for a few day's. I put my foot down "which I will pay for later". So we are going to do it in Shanghai. She keeps saying something about an exit paper that she must do in her HOKU city. I told her we can go there for a visit after things settle down here in Shanghai, and file the paperwork then. I was wondering if anyone has gone thru the process lately and if it was as much of a pain in the arse as the whole K1 process? I have brought a lot of information with me to help out. Dr bills from the US for her ultrasounds, Marriage license, back w-2's a few pictures of her pregnant. My college transcripts to prove I was in the USA.
  14. We are going to have a BABY. If CSC is not to slow she will have her 2 year GC with travel Doc. The baby will be born in China, I have a 6-12 month work contract the baby will be born in the middle of. From what I have been reading online if we both come back to America with copies of the Birth certificates with certified translations that the baby will have an immediate GC when we enter the states. The only stipulations are that we bring the baby within the first 2 years and it is our first trip back to the states since the birth. I hope this is the correct. I would hate to have to deal with another round of USICS forms. My main concern is the Chinese immigration letting us out of the country with the baby without a visa for him/her.
  15. Hopefully I’m not going to get poked at for asking these questions and would appreciate any feedback. My situation is that I have gone the English teaching route for some years and will be returning to the States for a job. I have been happily married since June 2009 to my lovely Chinese spouse and have stayed by her side even longer than that. We are expecting a baby in Feb-Mar 2013. My questions are: 1) Can I petition using an IR-1 so that my wife is permitted a green card? Will this automatically renounce her of Chinese citizenship? Is there a way for her to allow her residence in the USA but allow her to retain her Chinese citizenship? 2) Can I file everything from the USA even though we got married here in Shanghai? 3) What documents would I need to take back with me if it is possible to petition from the States? 4) I am guessing the best way to prove my bona fide residence with my partner is an affidavit from a third party source since I only rented all this time. I am confused how to go about obtaining this. Here is what it has to say: My question here is how do I obtain such an affidavit? Do I have through a certain body or do I have to draft this out myself? Are there any samples online? 5) I am expecting a baby in Feb/Mar 2012 as I stated earlier. Does that mean I have to sign two i-130 forms? 6) With the info I specified from above, does that mean I have to wait until the baby is born as I would need the baby’s birth certificate 7) When the baby receives his/her birth certificate, isn’t he/she supposed to be assigned a Chinese name by law? How could I assign the baby an English name? 8) I would also like for my spouse’s last name to be mine. How would I go about doing this? I here this is possible during the interview. Is this true? Would I just use her Chinese name on the forms? 9) Let’s say I need my parents to co-sponsor my spouse, would they have to be physically present during the interview? 10) Does my Chinese spouse need to obtain a birth certificate? Wouldn’t a houkou and passport be enough to establish Chinese citizenship? Are the houkou and birth certificate the same? I keep receiving conflicting info. Many thanks in advance
  16. My wife is planning to give birth of our baby in China (long story!). I'm a US citizen while she is on her 2 year green card. I was told I can easily get my baby a US passport at the US consulate in China so I could bring her back here in the states. Is that really an easy process and how long does it usually take to get all the paperworks done at the consulate? TIA P
  17. Actually, children born to an American parent are automatically an American citizen. She just needs to file the appropriate paper work to get the passports etc. What parent, the mother or the father ?
  18. My wife (Chinese) and I (American) had our first child this last August. My job ties me to China for the next 5 - 6 years. I'd like to take my son home to America so that he can meet his American family. What is the best way to go about getting him issued a passport and visa? An American passport seems like a no-brainer, but would cause problems once we return to China after a short visit to America. As I said above, all three of us will be in China for the next several years. I need to find an option that will be the least amount of hassle in regards to passports, visas, etc. Candid personal experience and stories would be a big help. Thanks in advance!
  19. I have a unique situation involving my son Ryan (6 years old) who is a Citizen of the united states born abroad (here in china) to myself and my deceased husband. I am preparing the paperwork required for packet 3 for my K-1 which includes a request for forms DS-230 & OF-169 (any children that will be immigrated you to the US) to be completed. Ryan has his Consulate report of birth abroad paperwork and a US passport. Question #1 Do I need to fill these forms out for Ryan? Question #2 Do I pay the fee of 131 usd & 400 usd for him also?. Thank you in advance for your help!
  20. Has any member of CFL has any experience of going thru the process of acquiring American citizenship for a child born abroad to a US citizen who married a Chinese National? If you do, could you provide some detail of what needs to be done and how long does it take? Is the US citizen has to be presented at the embassy in China to file the application douments? Thanks.
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