Need Help On Getting Remarried in China

[luv4her]

Hi All,

 

Here is my story. I got married to a Chinese girl about 6 years ago in China. She got here after approval of K3 application. About a year after she got here, we got divorced. the I130 was never approved because I didn't follow up on the petition.

 

The situation now is that I have met another girl in China and I am planning to marry her in China. My questions are as followed:

 

1) Should I get the divorce decree validated in China at a People's Court? so that I am permitted to remarry in China?

 

or

 

2) Should I just forget about the divorce decree and save the trouble of going through the People's Court and just file a K1 petition to get my gf to the states and get marry here?

 

or

 

3) Should I just indicate myself as single and never married on the Affidavit of Single Status, and get married again in China with my gf with my fingers crossed that the MinZhengTing (Chinese Marriage Registration Office) doesn't know anything about my previous marriage?

 

 

Whatever help/input I can get is greatly appreciated.

 

 

P.S. I am more inclined to #2 and #3... *shrugs*

[Randy W]

Seems like # 2 is the least likely to have any complications.

[whome?]

Hi All,

 

Here is my story. I got married to a Chinese girl about 6 years ago in China. She got here after approval of K3 application. About a year after she got here, we got divorced. the I130 was never approved because I didn't follow up on the petition.

 

The situation now is that I have met another girl in China and I am planning to marry her in China. My questions are as followed:

 

1) Should I get the divorce decree validated in China at a People's Court? so that I am permitted to remarry in China?

 

or

 

2) Should I just forget about the divorce decree and save the trouble of going through the People's Court and just file a K1 petition to get my gf to the states and get marry here?

 

or

 

3) Should I just indicate myself as single and never married on the Affidavit of Single Status, and get married again in China with my gf with my fingers crossed that the MinZhengTing (Chinese Marriage Registration Office) doesn't know anything about my previous marriage?

 

 

Whatever help/input I can get is greatly appreciated.

 

 

P.S. I am more inclined to #2 and #3... *shrugs*

 

If you got divorced you should have documentation of the divorce. You were married in China. You went back to China and got the divorce?

 

The USCIS knows you married a Chinese woman before. IMO you should get the divorce documentation. If you already have it you only need to get in translated into english and submit with the petition.

 

Option 2 is risky because the USCIS has a record on file that you were married to a Chinese woman before.

 

Options 3 is risky because if US govt. finds out about your prior marriage you lied under oath to a consular officer to get a Marriagability Certificate.

 

If something is worth doing .. it is worth doing right.

[Randy W]

Hi All,

 

Here is my story. I got married to a Chinese girl about 6 years ago in China. She got here after approval of K3 application. About a year after she got here, we got divorced. the I130 was never approved because I didn't follow up on the petition.

 

The situation now is that I have met another girl in China and I am planning to marry her in China. My questions are as followed:

 

1) Should I get the divorce decree validated in China at a People's Court? so that I am permitted to remarry in China?

 

or

 

2) Should I just forget about the divorce decree and save the trouble of going through the People's Court and just file a K1 petition to get my gf to the states and get marry here?

 

or

 

3) Should I just indicate myself as single and never married on the Affidavit of Single Status, and get married again in China with my gf with my fingers crossed that the MinZhengTing (Chinese Marriage Registration Office) doesn't know anything about my previous marriage?

 

 

Whatever help/input I can get is greatly appreciated.

 

 

P.S. I am more inclined to #2 and #3... *shrugs*

 

If you got divorced you should have documentation of the divorce. You were married in China. You went back to China and got the divorce?

 

The USCIS knows you married a Chinese woman before. IMO you should get the divorce documentation. If you already have it you only need to get in translated into english and submit with the petition.

 

Option 2 is risky because the USCIS has a record on file that you were married to a Chinese woman before.

 

Options 3 is risky because if US govt. finds out about your prior marriage you lied under oath to a consular officer to get a Marriagability Certificate.

 

If something is worth doing .. it is worth doing right.

 

 

No - they got divorced in the US. He would like to get married in China again, which would require translation of his divorce decree.

 

There is no risk in #2, because his decree is required for the I-129F petition and also available in English

[dnoblett]

1) Should not be needed because you need to get a certificate of marriageability from a US Consulate.

 

How do I get the Marriageability Affidavit?

The U.S. Consulate has the authority to issue Marriageability Affidavits for Americans who wish to marry in China. To apply for a Marriageability Affidavit, you are required to apply in person, by appointment, at the U.S. Consulate. Please click here to make an appointment. You must bring your U.S. passport, your fianc¨¦¡¯s ID, and evidence that you are currently single if you have been married before, and sign your Marriageability Affidavit in front of a Consular officer.

MORE: http://guangzhou.usembassy-china.org.cn/in..._in_china2.html

 

2) K-1 is an option.

 

3) You can indicate single, BUT do not say never married, this is LYING!

 

Should be able to provide divorce decree to US Consulate.

 

Note K-1 is the simplest, but costliest of the visas, CR-1 is the least expensive but requires marriage first.

[whome?]

Option 1 -- may or may not require a copy of the USA divorce decree (translated to Chinese) in additional to the marriagability certificate. It depends upon the marriage registration office of the local civil affairs bureau, (Min Zheng Ju) in each jurisdiction.

 

Option 2 -- Randy is right if you got the divorce in USA (I was thinking you had to get the divorce in China). This is the option with the least resistence.

 

Option 3 -- Related to option 1. You only have to show them your notarized copy of the US divorce decree and swear under oath that you were married previously but the married ended in divorce. You are not given the option to just say I am now single. You have to answer if you were married before or not.

 

Once you get the marriagability certificate see option 1. I would only guess that an offically translated copy of the USA divorce decree is enough not that you would need anything from the Chinese government. But your future wife would need to check (and check more than once) with the local officals.

[Guest Wuhan4me]

I suggest you take the OFFICIAL, STAMPED, divorce decree INTO a US Embassy / Consulate in China, and have an affadavit of marriage-ability prepared there - takes about 20 minutes and costs 30 bucks USD.

 

THEN - take this affadavit INTO the local Chinese Marriage Office, ask them WHICH translation office to take it to for the OFFICIAL TRANSLATION. Go to THE TRANSLATION OFFICE .

 

Once you have the official translation in hand, you can file for marriage at the Chinese Marriage Office.

 

When you are filing again, don't focus doing a new K-3 - focus SOLELY on the I-130.

 

You should not try to circumvent any entity, China or USA, as it will ALWAYS come back to bite your ass.

 

Good Luck.

Edited July 6, 2009 by Wuhan4me (see edit history)

[SmilingAsia]

I think K1 is easier. Just in case anything happens during the processing, you just bail out without one more marriage record

 

如果你真的想进入“围城”,

If Guangzhou, they want a notarized paper stating you are unmarried now.

Since you were married in China before, maybe Min Zheng Ju (Civil Adminitration Bureau) has your previous marriage registry record. Better you bring your divorce decree and make a copy of Chinese translation as well.

Edited July 7, 2009 by SmilingAsia (see edit history)