K1 or DCF filing? Please help!

[canrun]

Thanks for the advice, pengyou(s)! Keep it coming, please. My next question is about the "certificate of marriageability." (COM) As I said in a previous post, I'd like to know if there's ANYTHING I need to bring back with me FROM the US in Arpil...which leads to me ask if it's possible to get the "COM" IN the US...I found this link...

 

http://www.china-embassy.org/eng/hzqz/fhjh/t84256.htm

 

Has any one gotten the COM while in the States? How did you go about getting it? I'd sure like to know! I'll go to GZ if need be, but I hate it there, though I know I'll have to go later. Any help is appreciated! As before...if you can tell me other things to bring back for the Staes, I'd very much appreciate it. Thanks all! More soon...

Aaron

[david_dawei]

DCF & HK FAQ:

http://candleforlove.com/forums/index.php?showtopic=11293

 

---

 

Section two: Questions related to marrying in China

 

-------------------------------------------------------------------------------------------------------------------

 

Q.2.1 Does it matter where we get married in China?

Q.2.2 How do I get the single certificate in China?

Q.2.3 How do I get the single certificate in the US?

Q.2.4 What if I am divorced, do I need a divorce decree?

Q.2.5 Is there a sample document for single status?

Q.2.6 Declaration of not related to future wife?

 

 

Q.2.3 How do I get the single certificate in the US?

 

A.2.3.1

If you want to do it in the states...then you need three steps..(check with your state).

 

#1 Get a certified copy of a divorce (if you have one) from the country resistrar's office. If you have no divorce..then use a statement similar to the one above and get it notarized.

 

#2 Send the certified copy of the divorce (along with the appropriate fee) to the State Government (in Mo it is the Secretary of State's Office). They will verify it with the state seal.

 

#3 Send either paper to the Chinese Consulate with jurisdiction over your area. I had to send it to Chicago. They will send it back to you with a letter of marriageability. That is what you need in China.

 

A.2.3.2

The only thing they asked of me was my U.S. passport and Certificate of Marriagability, apostitlled by the Secretary of State and authenticated by the Chinese Consulate in San Francisco.

 

A.2.3.3

Before I went, I had the Sec. State of Washington give me a form that is like an all-in-one notarization and single status. I sent this to the Consulate for the PRC in San Fransisco (they have consular jurisdiction over WA), and had them notarize and translate it to Chinese. This was about $100.

 

I then felt like I should hedge my bets, and so I took the Affadavit of Single Status off of the PRC Consulate - Houston web site, and filled in my own information as well as a notary block. I took this to my local City Hall and had the City Clerk notarize it.

 

A.2.3.4

More Info:

 

Certificate of Marriage-ability (01-08-2006)

http://candleforlove.com/forums/index.php?showtopic=15093

 

 

The "Single Status" document needed..., Where to find information on this? (10-17-05)

http://candleforlove.com/forums/index.php?showtopic=13339

[canrun]

Thanks for the info! I'm now sure I'm gonna get married here, get the COM here and file for the DCF. That's why it's been a whilesince I've posted. Decisions, decisions....

Now, I have one question about marriage IN China. I have followed the thread above and read a great deal in the FAQ's, but it's STILL not clear to me...may a foreigner get married IN the SO's hometown or MUST he register in the provincial capitol? There are a number of differing opinions in the thread, but they were all dated from summer of 2005. My SO lives a looong way from the capitol, so I want to cut down on travel time, of course. Any concrete thoughts? Thank you! Aaron

[Guest pushbrk]

Thanks for the info! I'm now sure I'm gonna get married here, get the COM here and file for the DCF. That's why it's been a whilesince I've posted. Decisions, decisions....

Now, I have one question about marriage IN China. I have followed the thread above and read a great deal in the FAQ's, but it's STILL not clear to me...may a foreigner get married IN the SO's hometown or MUST he register in the provincial capitol? There are a number of differing opinions in the thread, but they were all dated from summer of 2005. My SO lives a looong way from the capitol, so I want to cut down on travel time, of course. Any concrete thoughts? Thank you! Aaron

195225[/snapback]

Generally a Chinese citizen must register their marriage in the home town of one of the partners. Since in your case she is the only Chinese citizen, it must happen in her home town or the nearest official place where marriages are registered.

 

She'll need to check with her local government offices to get the definite answer.

[canrun]

Would someone with a Chinese SO kindly write in Chinese EXACTLY which documents/certificates, etc. she will need when we register to marry in her hometown? I've shown her the GZ/Beijing consulate websites in Enlgish (they seem to currently be under construction!) but I want to make SURE she undserstands- in Chinese- what she will need to present at the registration office. Thank you and Xie xie nin. Aaron

[Guest pushbrk]

Would someone with a Chinese SO kindly write in Chinese EXACTLY which documents/certificates, etc. she will need when we register to marry in her hometown? I've shown her the GZ/Beijing consulate websites in Enlgish (they seem to currently be under construction!) but I want to make SURE she undserstands- in Chinese- what she will need to present at the registration office. Thank you and Xie xie nin. Aaron 

195627[/snapback]

Because the requirements tend to vary (not much but some) from one marriage office to another, it would be good insurance for your SO to contact the appropriate office directly, for the exact requirements.

 

She'll also need to check on where and how to get notarial copies of your marriage certificate and a passport through her local government offices.

Edited March 4, 2006 by pushbrk (see edit history)

[LeeFisher3]

Would someone with a Chinese SO kindly write in Chinese EXACTLY which documents/certificates, etc. she will need when we register to marry in her hometown? I've shown her the GZ/Beijing consulate websites in Enlgish (they seem to currently be under construction!) but I want to make SURE she undserstands- in Chinese- what she will need to present at the registration office. Thank you and Xie xie nin. Aaron 

195627[/snapback]

Aaron, her requirements are quite simple as I understand it, basically her household register or book and ID card. This is because they know who she is based on the household book.

 

You on the other hand have to provide an affidavit of single status. It seems to be simpler to do this at a US Consulate in China than in the US because of the requirements of the Chinese Consulates in the US for authenication.

 

Here is a good link to the US Consulate in Shanghai that outlines the requirements.

 

Marriage Eligibility Requirements : American partner

1. Valid passport

2. Must meet the eligibility age (22 for men, 20 for women)

3. If marrying a non-Chinese national, one of the partners must be a long-term resident of China

4. Original or certified copies of divorce decrees, annulment decrees or death certificates if widowed

5. Certificate of Marriageability issued by the U.S. Consulate attesting that you are legally eligible to marry

 

Marriage Eligibility Requirements: Chinese Partner

1. Must meet the eligibility age (22 for men, 20 for women)

2. Family Registration Book and Chinese ID Card

Edited March 4, 2006 by LeeFisher3 (see edit history)

[LeeFisher3]

Would someone with a Chinese SO kindly write in Chinese EXACTLY which documents/certificates, etc. she will need when we register to marry in her hometown? I've shown her the GZ/Beijing consulate websites in Enlgish (they seem to currently be under construction!) but I want to make SURE she undserstands- in Chinese- what she will need to present at the registration office. Thank you and Xie xie nin. Aaron 

195627[/snapback]

Because the requirements tend to vary (not much but some) from one marriage office to another, it would be good insurance for your SO to contact the appropriate office directly, for the exact requirements.

 

She'll also need to check on where and how to get notarial copies of your marriage certificate and a passport through her local government offices.

195655[/snapback]

The marriage requirements are quite simple, the USC must prove that they are single and have a valid passport and be of age.

 

There are 2 methods of proving you are eligible to marry, the US Consulate in China or the Chinese consulate in the US. Both want to see proof of prior marriages and ending of the marriage. You submit the forms and get back a piece of paper. The US Consulate method seems to be easier because their seal is recognized in China without authentication.

[Guest pushbrk]

Would someone with a Chinese SO kindly write in Chinese EXACTLY which documents/certificates, etc. she will need when we register to marry in her hometown? I've shown her the GZ/Beijing consulate websites in Enlgish (they seem to currently be under construction!) but I want to make SURE she undserstands- in Chinese- what she will need to present at the registration office. Thank you and Xie xie nin. Aaron?

195627[/snapback]

Because the requirements tend to vary (not much but some) from one marriage office to another, it would be good insurance for your SO to contact the appropriate office directly, for the exact requirements.

 

She'll also need to check on where and how to get notarial copies of your marriage certificate and a passport through her local government offices.

195655[/snapback]

The marriage requirements are quite simple, the USC must prove that they are single and have a valid passport and be of age.

 

There are 2 methods of proving you are eligible to marry, the US Consulate in China or the Chinese consulate in the US. Both want to see proof of prior marriages and ending of the marriage. You submit the forms and get back a piece of paper. The US Consulate method seems to be easier because their seal is recognized in China without authentication.

195719[/snapback]

You can also get the COM through an agent, using a method similar to getting a visa. The best choice for you will likely depend on location. If a US Consulate in China is convenient for you to visit, that 's the simplest, easiest and least costly method. If a US Consulate in China is not convenient then choose one of the other two options.

 

The Chinese citizen is not likely to need anything she doesn't already have handy, like her household book and ID. The varied requirements tend to apply to the USC and matters of translation and notarizing your English language documents.

[canrun]

Thank you everyone! I'll have her contact the marriage office in her hometown, Guilin! Cheers! Aaron

[canrun]

Thank you everyone! I'll have her contact the marriage office in her hometown, Guilin! Cheers! Aaron

195835[/snapback]

Hi guys! I'm back! Now happily married and ready to do a DCF. GZ sent me the following requirements for the I-130 filing and it's fairly straight forward except for the notarial part. Here's what it says is needed:

 

"Beneficiary's original birth certificate"

"Beneficiary's Notarial Birth Certificate"

"Notarial marriage certificate"

"Original marriage certificate"

 

Any idea why they need both the original and notarized and how we would go about getting them notarized? (At the consulate, I assume...) Ok, the questions are now just beginning. I hope all of you can help again as you did before! Any advice about the DCF/I-130 is REALLY, really appreciated! Thanks!!!

Aaron and Helen Zhuhai, GD

[canrun]

Here's a link I found as well. Hope someone could clarify anything that seems confusing, esp. the notatial/copies part. I've got a simple brain and am STILL really nervous! Ha. Thank you!!

 

 

 

http://www.uscis.gov/graphics/fieldoffices...hou/aboutus.htm

 

And..LeeFisher added this in a previous post:

 

"When you enter the US they should stamp your passport to show you are a LPR (Legal Permanent Resident) and the green card normally arrives at your home of record in the US in a few weeks.

 

Once you have the green card you can get your Social Security card issued, this is mainly for tax purposes when you and your husband file taxes.

 

At this time you can return to China without any problem, but it is important to remember that without filing additional paperwork you must not be out of the US for more than 12 months. With vacations to visit family this should work out well for you.

 

One year and nine months after the issue date on the green card you and your husband will need to have plans to be in the US for a while, because you will need to file to remove the conditional status on the green card. This can take a few months at best."

 

 

Can anyone explain why the one year and nine months is important? I'm in a similar situation with a previous poster who wants to visit the USA with my wife before living there in about two/three years. Thanks! Here's their post:

http://candleforlove.com/forums/index.php?...ic=18089&hl=dcf

Edited May 31, 2006 by canrun (see edit history)

[change2marrow]

Thank you everyone! I'll have her contact the marriage office in her hometown, Guilin! Cheers! Aaron

195835[/snapback]

Hi guys! I'm back! Now happily married and ready to do a DCF. GZ sent me the following requirements for the I-130 filing and it's fairly straight forward except for the notarial part. Here's what it says is needed:

 

"Beneficiary's original birth certificate"

"Beneficiary's Notarial Birth Certificate"

"Notarial marriage certificate"

"Original marriage certificate"

 

Any idea why they need both the original and notarized and how we would go about getting them notarized? (At the consulate, I assume...) Ok, the questions are now just beginning. I hope all of you can help again as you did before! Any advice about the DCF/I-130 is REALLY, really appreciated! Thanks!!!

Aaron and Helen Zhuhai, GD

219996[/snapback]

Like you, I filed DCF as well. I briefly scanned over the I-130 form and I didn't see "Beneficiary's original birth certificate" or a notarized one on the form. When I filed in Jan. I wasn't required to have my SO's birth cert. (This could be a change)

 

Your SO will need a passport though and you will need to get your marriage cert notarized. To get your marriage cert notarized, you will have to get that at the Chinese provincial notary office. The consulate doesn't notarize Chinese marriage cert. or other Chinese documents.

 

Again, like you I am or was and ESL teacher. In order to file DCF you will have to have a work visa, usual a "Z" visa as we can't work under the "F" visa. Have your foreign expert cert with you as well just in case.

 

Note: DCF or "Direct Consulate Filing" is not an official term from my understanding. But it is helpful to others, because it is a different method of filing.

 

Hoped this helps.

[yuliki]

Hi Aaron,

I and my hubby is going through the DCF in GUZ. Herewith our process so far, hope it is helpful for you. And I am glad to help you for any questions that we can do for you, just let us know.

 

 

CR-1 Direct Consulate Filing in GUZ

 

Lin/ Shen Zhen Hukou Jim/ Houston USA ( Working in Shen Zhen with work permit and resident permit)

 

2006 March 28 submitted our I-130 to GUZ consulate and they accepted it. Herewith the list what I submitted accompanied with I-130:

 

Origianl Books: ( GUZ consulated requires all of it, because we phoned CO and went to GUZ once on Mar. 23 06)

Lin's

1, Passport

2, Divorce Book

3, Marriage Book

4, Birth certificate issued by a Sub-police sation of Shen Zhen Public Security Beruea, where my Hukou is located. I don't have a Birth Certificate, was not born in hospital instead of at home. ( Kept by CO)

Jim's

1, Birth certificate (kept copy)

2, Passport (kept copy with all pages )

3, Work Permit (kept copy)

4, Marriage Book (kept copy)

5, Divorce Decree (kept copy)

 

Notary certificate: ( kept all by CO)

1, Divorce Notary ( one Direct and one In-direct)

2, Marriage Notary ( one Direct and one In-direct)

3, Birth Notary

4, Birth Certiticate issued by Police station Notary

 

Of course,

I-130

G-325A ( Jim) with a passport photo

G-325A ( Lin) with a passport photo

 

Paid $190 by cash, not sure when can get the approved mail from CO one week or one month? Any questions let me know.

 

DCF(CR-1) GUZ Timeline:

 

Mar.28, 2006: Handed in I-130 for CR-1 and paid $190 by cash.

Apr.13, 2006: Petition (CR1) approved by US Department of Homeland Security. (Form I-171)

Apr.18, 2006: Sent Packet 3 out by GZ with DS-230 form and form 169 in.

Apr.21, 2006: Sent P3 [DS-230(1 copy) and of 169, a EMS coversheet with my detailed address, I copied the sheet so I can tract P4 in the future ] back to GZ ( No.1 South Shamian Rd.). Made copy for every form after filled in.

About the P3...there is a lot of information pages inside. Nothing very important. You need the DS-230 Part I. It's very short. Only one page. It has writing on the front and on the back. It's very easy to fill out. Mostly information about you. The OF-169 is a list of things you need to collect to bring to the interview. You only need to sign the paper and mail it back to Guangzhou with the DS-230. The OF-169 is in chinese and english. The I-864 is in P3, but you don't need to mail it back. You will take the I-864 with you to the interview.

 

Also thinking probably can make it in four months. If we can make it by then the most important reason is, I found the website: candleforlove and Visajourney. I leaned and got all the information we need, realized we could do DCF the most rapid way to get us together. Basically, the day we submitted our I-130 I clearly knew what will happen and all the procedures in the next months. Also once I got any questions I asked the people on CFL, and got answers and helps swiftly.

 

May 24,2006: Phoned China Visa info center, and told my name check finished on19th May and my case now is back in GUZ. Eligible for interview!! After 19th June GUZ will set up a interview date for me.

 

May 26,2006: Packet 4 send out by GUZ, was told three weeks later I can get it, bit confuse. But it¡¯s a very good news for us.

Edited May 31, 2006 by yuliki (see edit history)

[change2marrow]

Leefisher, from what I understand, is talking about after your SO is living in the US and what can be done within the two years involving travel.

 

One year and nine months after the issue date on the green card you and your husband will need to have plans to be in the US for a while, because you will need to file to remove the conditional status on the green card. This can take a few months at best."

The "1year 9mo" is about the removal of conditional status on the green card and the SO being in the states while waiting for this to be done.

 

It should be stressed that it can be a risk if the greencard holder is out of the country 9mo. out of the year. I base this on my friend who was an immigration lawyer. He mentioned to me that his wife is being denied for her citizenship, because she is out of the US for long periods of time. He advised me that I shouldn't see or use the greencard as a means of a "travel free card."

 

You've mentioned before about wanting your SO to travel to the states. I tried to do this as well prior to filing the immigration paperwork. Unfortunately, we couldn't go and I as I started to learn more about the system, my SO would never be able to travel with a travel visa while married to a USC. When my SO was denied, she was told that, 1) never been to another country and 2) MY longevity at work was the reason. If we tried to change the status of the denial, a new denial would then be brought up. (we didn't even try to change the status based on others experience and a lawyers advice.)

 

In short, there's so many "hoops and hurdles" for a Chinese citizen that is married to a USC that wants to travel to the US. I haven't heard of travel visa being granted to a Chinese citizen that is married to a USC.

 

Good luck and hoped this helps.

 

Oh, wait... When my SO was being denied for her travel visa another Chinese citizen, married to a USC, was granted a travel visa. But she had their 4yr old son with her and she's traveled to the US often.

Edited May 31, 2006 by change2marrow (see edit history)