Babies in China

[robhon]

I just returned from Chongqing yesterday after visiting my wife and her family for three weeks. My wife has entered her 8th month of pregnancy. She's absolutely smitten with the little bundle that's growing in her belly. She seems very happy and comfortable, and her family (large family) is taking very good care of her.

 

But, dispite all my wrangling and pleading, our case is still trapped at the NVC. It looks like we're going to be having a baby in China now. I'm not too excited about this idea because I've been to several hospitals there and I am not impressed at all. But I tell myself, "They have lot's of babies in China. It's going to be okay."

 

Does anyone know anyone who has been through this before? I'd love to find a kindred soul in this matter.

[Dave G.]

Dear Fellow Kindred Soul...

 

Here I am! Unfortunately. I don't know if you've seen my postings in the thread about GZ Mailing. I too just returned from China having spend a month there. I've been back exactly two weeks. Last Friday, I found out my fiancee is five weeks pregnant.

 

I see you filed a K-3. We are going the K-1 route. For us, we're stuck in the large mailing that was picked up in GZ on July 21st. I feel glad to have cleared NVC but we lost precious weeks.

 

Here is where I see our similarities in our situations. We'd rather have our loved ones by our side and give birth in a Western facility. We're both frustrated by the time involved in the process. And, we're both excited to be daddies.

 

Here's where it's different. Because you're married, you'll be able to bring your child to the States with just a few extra pieces of paperwork filed. For us, according to my fiancee, we will be in trouble. She says that babies born to parents who are not married have a difficult time getting a passport. No passport, no immigration. My fiancee is very concerned about this and is considering terminating the pregnancy. That would tear me apart. I do what I can each day but have made zero progress since last Friday. I've got one letter out to one senator....working on the second today.

 

Let me know what you're process has been as you've appealed other for help. I'd be curious to know. If you want to talk more OT, send me a quick private note through this board and share your email address with me.

 

I wish you both the best of luck.

 

Dave

[Guest jimb]

Hi Dave

 

I am going through a simular situation. I think yours will be easier, because if you can prove the child is yours, the baby will be an American citizen and can get a US passport, no visa required.

 

In my case my fiancee has a daughter born out of wedlock, she had a wedding ceremony but the wedding was never registered. When the child turned out to be a girl, he threw them both out. keeping all the money she had invested in his familys business. This was her second daughter. In order to get a birth certificate, which is required for a passport, we must pay a hugh fine to the Chinese government. She is going tomorrow to, pay the fine and try to register her daughter, without the fathers name on the birth certificate, and get a document from the court stating she has sole custody of her daughter. She is afraid the father will try to extort money from us if he has to sign any documents, to allow the girl to come to the US. I'll let you all know how we made out later in the week.

 

I don't think you should have any problem getting a US passport for your child. The consulate does require proof that you are the father. The rest is fairly straightforward.

 

jimb

[Dave G.]

Thanks Jimb......

[robhon]

Jimb,

 

Oh my god! That's such a horrible story! My heart goes out to you and your fiancee.

 

I have to say though, I have heard quite a number of stories of Chinese women loaning Chinese men money for various things and end up getting swindled. There are definitely some nasty bits baked into what is otherwise a very beautiful culture.

[Dave G.]

For those interested in this thread, take a look at:

 

http://www.bcis.gov/graphics/howdoi/childp...c.htm#following

 

I don't pretend to understand it all, but it seems to answer some of the questions posed so far.

 

Good luck!

[Dave G.]

Sorry....me again. Posting info as I find it. It's looking good, guys.

 

From the DOS site:

 

http://travel.state.gov/visa;familybased.html

 

" Miscellaneous

 

Since no advance assurances can be given that a visa will be issued, applicants are advised not to make any final travel arrangements, not to dispose of their property, and not to give up their jobs until visas have been issued to them. An immigrant visa can be valid for six months from date of issuance.

 

With few exceptions, a person born in the United States has a claim to U.S. citizenship. Persons born in countries other than the U.S. may have a claim, under United States law, to U.S. nationality if:

 

Either parent was born or naturalized in the U.S., or

Either parent was a U.S. citizen at the time of applicant's birth.

 

Any applicant believing he or she may have a claim to U.S. citizenship should not apply for a visa until his or her citizenship has been determined by the consular office. "

 

I'll keep hunting. Looking for the actual law.....

 

Dave

[Guest R2D2]

It would be good to have DNA testing done ASAP so that there will be no foul ups in the future. After all, she/he will be an American.

[Dave G.]

It would be good to have DNA testing done ASAP so that there will be no foul ups in the future.   After all, she/he will be an American.

Pre-natal DNA testing. In China? Scary thought.

 

Here's what I think seals it. Folks, I think we're okay. But, a lawyer might be needed to verify. Check this out carefully...I'll share what I think is significant (for me at least...it contains info for everyone with concerns):

 

http://www.immigration.gov/lpBin/lpext.dll...tm#fr-66fr32138

 

What Is Meant by the Term “Legal” Custody?

 

 

 

Both section 320 and 322 of the Act, as amended by the CCA, require a U.S. citizen parent(s) to establish that the child is in his or her legal custody. The term “legal custody” refers to the responsibility for and authority over a child. For the purpose of the CCA, the Service will presume that a U.S. citizen parent has legal custody of a child, and will recognize that U.S. citizen parent as having lawful authority over the child, absent evidence to the contrary, in the case of: (1) A biological child who currently resides with both natural parents (who are married to each other, living in marital union, and not separated),

 

(2) a biological child who currently resides with a surviving natural parent (if the other parent is deceased), or

 

(3) in the case of a biological child born out of wedlock who has been legitimated and currently resides with the natural parent. "

 

I'll be interested if you read this stuff like I am.

 

Dave

[Guest R2D2]

Does not apply. You are the parent but unmarried to the mother. The mother is the costodial parent and you are but a boyfriend now. You have to establish that the child is yours. To do this in China will require some legaleze. You might ask the consulate how you could establish that it is your child other than the DNA route. Placenta fluid would be used to determine this beyond any doubt. Perhaps someone else has had experience with this here or on one of the other boards.

[wolf]

Jimb, Dave, first let me congradulate the both of you. I will try to offer what I think to be correct. It is very difficult to get US citizenship for a child born in another country. If you can get the child born at an American hospital, than the child will be a US citizen. Since you both are citizens, you need to find a US hospital in China that will take your Fiancee with you there.

My Fiancee has two daughters from a unregistered mariage, she is legally a single parent. The fathers name goes on the birth certificate, married or not this happens at the hospital. To get a passport for her daughters all she needed was to show the birth certificate and that she was the mother.

The K-1 visa allows the girl to bring her children under 18, I think, not 21. with her I-129f forms.

Now here is one thing you really need to be careful about. A single girl in China that has children needs to go for a test each year to see if her tubes are cut. If her tubes are intact, they will be cut to prevent future children. The Chinese even give the girl a paper stating she has been cut, for each year she most go to the hospital for this test.

Sorry, I know this is not good news for you, but this is what I know from my fiancee and I have seen her papers.

[Guest R2D2]

In our links and resource section, Don has a piece about the process. Seems you can register the unborn child with the consulate and this will suffice as to the legalities. I would ask DonH more about this and where he got the information.

[owenkrout]

Sorry if anyone disagrees, but it seems to me that this scenario is one where you need to make the trip back to China and get married legally. Seems that some have managed to do that lately, so the rules must have liberalized since three years ago. Then you check with the authorities and make sure that your name will go down as the father. Then item #3 applies and the child's American citizenship will not be in question. "(3) in the case of a biological child born out of wedlock who has been legitimated and currently resides with the natural parent. " It is entirely possible that the consulate will still want DNA proof at a later date. I would strongly discourage any invasive procedure to establish the DNA prior to birth.

 

The K-1 is not the only way to pursue this. The K-3 or CR-1 will do the job too. She maintains "face" and the child's right to US citizenship is protected.

 

BTW, my wife tells me that single mothers are becoming more and more common in China now. Still the local governments have a lot of sway and may be enforcing much more stingent rules than the national government.

[Guest hakkamike]

Ok, do like R2D2 says, get the DNA test??? How far along is the pregnancy, after the results are received what to do,if it is yours or not yours, keep the thing or not? I have took on two great girls that arent blood kin of mine?(twins8) that will send me to my grave on day hahahahahaa

[finenn]

A single girl in China that has children needs to go for a test each year to see if her tubes are cut. If her tubes are intact, they will be cut to prevent future children. The Chinese even give the girl a paper stating she has been cut, for each year she most go to the hospital for this test. Sorry, I know this is not good news for you, but this is what I know from my fiancee and I have seen her papers.

I have never heard of this, and neither has my fiancee or her friends/family. Very disturbing allegation.

 

Can you or someone else substantiate this?