Residence Permit in China

[dan1984]

Hello all.

I've been living in Beijing for 14 months - first on an L (travel) visa and for the past 6 months on a F (business) visa.

I have registered with my local PSB and have all my registration forms of temporary residence:

http://www.google.com.hk/imgres?q=temporary+residence+permit+china&um=1&hl=en&safe=strict&sa=N&tbm=isch&tbnid=tS8Jd17XeVGa3M:&imgrefurl=http://www.visa100.org/Download.html&docid=q4z93wztLLt3BM&w=1859&h=1242&ei=Za5LTuaHOYWdmQXE8YGdCA&zoom=1&biw=1280&bih=636

I have been with my girlfriend, Jian Wen, for 10 months. We have discussed marriage and that is our plan, but we are not yet engaged/married or ready to fully take that next step at this time.

I spent a fair amount of time on Candle in 2006/2007 when I was involved with a woman from Liaoning, which ended in a brief and very unfortunate marriage.

I'm back on Candle now and beginning to re-familiarize myself with all the difference aspects of the visa process.

For our situation, when the time comes, I think the DCF method will be the most logical and simple process, as is noted in this thread:
http://candleforlove.com/forums/index.php?/topic/43253-just-starting/

However, as I mentioned above, I only have my registration forms of temporary residence. Would I be able to use these, as opposed to a residence permit, to go about the DCF process??

If not, what actually is a residence permit?? From what I understand, is it just the working visa that is put in your passport??

Thanks in advance for your help, and glad to be back on Candle!

Dan from Beijing via Milwaukee

[Randy W]

You're asking the wrong people - you need to go here

 

U.S. Citizenship and Immigration Services

U.S. Embassy - Beijing

No. 55 An Jia Lou Road

Beijing, China 100600.

"U.S. Citizens with proof of residency in China may file an Immediate Relative Petition (Form I-130) by making an appointment to come in to the office during Window hours."

 

Yes a residence permit is like a visa affixed to your passport, but if the USCIS folks at the Beijing embassy will accept your proof of residency for your I-130, you're good to go!

 

I believe they've been known to accept less.I think the Guangzhou USCIS office is more strict.

Edited August 17, 2011 by Randy W (see edit history)

[dan1984]

Hey Randy, thanks for the advice and info!

 

I guess I'll be making a trip over to the US Embassy at some point in the not too distant future to question them. Glad to know they are alittle more lax than down in Guangzhou!

 

Have a good one!

 

You're asking the wrong people - you need to go here

 

U.S. Citizenship and Immigration Services

U.S. Embassy - Beijing

No. 55 An Jia Lou Road

Beijing, China 100600.

"U.S. Citizens with proof of residency in China may file an Immediate Relative Petition (Form I-130) by making an appointment to come in to the office during Window hours."

 

Yes a residence permit is like a visa affixed to your passport, but if the USCIS folks at the Beijing embassy will accept your proof of residency for your I-130, you're good to go!

 

I believe they've been known to accept less.I think the Guangzhou USCIS office is more strict.

[dan1984]

Any other thoughts or info anybody has to share??

[Beachey]

I don't think you need to make an actual appointment, I would send an email to DHSBeijing-CIS@dhs.gov asking your specific question. You should have an answer within 24 hours.

[Kyle]

You can try to ask them via email as Beachy suggests, but to go there physically, you will have to make an appointment. They are strict about that. You can make an appointment by emailing them at the email address Beachy provided

[dan1984]

Kyle, Beachy - thanks a bunch! Yep, I'm planning on emailing them to see if I can get an answer. I found this the other day, and yes, am going to send my email out in a few:

http://beijing.usembassy-china.org.cn/homeland_security.html

 

What I'm guessing though is they'll reply I need the actual residence permit, as that seems to be the official stance. However, if I were to use my temporary residence permit, show all my visa stamps, apartment lease, etc - all the evidence that shows I've been living here for at least 6 months - I'm thinking they'll accept it.

 

Nevertheless, if the answer is the actual residence permit is necessary (albeit I think they'd still except my other evidence based on others experiences), it does not leave me with much peace of mind, to say the least.

 

So, I was just seeing if anybody had any other experiences to share in terms of DCF-ing in Beijing, and what they provided to show "their residence" in China.......?

 

Thanks again!

 

dan

 

 

I don't think you need to make an actual appointment, I would send an email to DHSBeijing-CIS@dhs.gov asking your specific question. You should have an answer within 24 hours.

[Randy W]

Kyle, Beachy - thanks a bunch! Yep, I'm planning on emailing them to see if I can get an answer. I found this the other day, and yes, am going to send my email out in a few:

http://beijing.usemb...d_security.html

 

What I'm guessing though is they'll reply I need the actual residence permit, as that seems to be the official stance. However, if I were to use my temporary residence permit, show all my visa stamps, apartment lease, etc - all the evidence that shows I've been living here for at least 6 months - I'm thinking they'll accept it.

 

Nevertheless, if the answer is the actual residence permit is necessary (albeit I think they'd still except my other evidence based on others experiences), it does not leave me with much peace of mind, to say the least.

 

So, I was just seeing if anybody had any other experiences to share in terms of DCF-ing in Beijing, and what they provided to show "their residence" in China.......?

 

Thanks again!

 

dan

 

 

I don't think you need to make an actual appointment, I would send an email to DHSBeijing-CIS@dhs.gov asking your specific question. You should have an answer within 24 hours.

 

 

One strategy might be to go there with your entire I-130 package filled out ready to turn in and see if they will accept it.

[dan1984]

Hmmmm, that is true, Randy.

 

However, I'm/we're not at the point of filing yet. I'm just trying to prepare so when it gets to that point, we already have a clear idea of what the process entails, and everything we have to do. For example, if having been in China for six months with a residence permit is the be all end all, well, then I'll find a way to go out of my way in the short-term to get the residence permit and let the six month countdown process begin......and have that checked off the list of things that need to be done and gathered what needs to be submitted.

 

Here's to hoping my temporary residence permit and all the other documentation qualifies me!

 

Kyle, Beachy - thanks a bunch! Yep, I'm planning on emailing them to see if I can get an answer. I found this the other day, and yes, am going to send my email out in a few:

http://beijing.usemb...d_security.html

 

What I'm guessing though is they'll reply I need the actual residence permit, as that seems to be the official stance. However, if I were to use my temporary residence permit, show all my visa stamps, apartment lease, etc - all the evidence that shows I've been living here for at least 6 months - I'm thinking they'll accept it.

 

Nevertheless, if the answer is the actual residence permit is necessary (albeit I think they'd still except my other evidence based on others experiences), it does not leave me with much peace of mind, to say the least.

 

So, I was just seeing if anybody had any other experiences to share in terms of DCF-ing in Beijing, and what they provided to show "their residence" in China.......?

 

Thanks again!

 

dan

 

 

I don't think you need to make an actual appointment, I would send an email to DHSBeijing-CIS@dhs.gov asking your specific question. You should have an answer within 24 hours.

 

 

One strategy might be to go there with your entire I-130 package filled out ready to turn in and see if they will accept it.

[dan1984]

Well, I got a couple of responses back from < dhsbeijing-cis@dhs.gov > here in Beijing. Here is their response to my question regarding residency:

 

""If you 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 may file I-130 for your wife in the USCIS Beijing office. You need come to this office to file this petition in person or you may file it at the Chicago Lockbox. The window service at the Beijing office is provided on Tuesday through Thursday from 2 to 4pm and you should make an appointment.""

 

Attached also was the following Word Document:

""GENERAL INFORMATION ON APPLICATIONS FOR PERMANENT RESIDENCE

 

Thank you for your inquiry regarding your interest in filing a petition for an immediate relative. We hope that the following general information will be of some assistance in answering the question you have posed. Please understand that each individual's circumstances are special or, depending on your particular needs or plans, may differ in significant aspects and that we may not be able to answer every question in this brief response. Please note that more instructions, legal information and application forms are found at www.uscis.gov or at www.dos.gov. Specific immigration regulations can be found in 8 Code of Federal Regulations (8CFR) or you may also refer to the Immigration and Nationality Act; both references are found in the USCIS website. In very complex cases you may need legal assistance.

 

The Beijing office of DHS/USCIS accepts immediate relative petitions (Form I-130 and G-325A) from U.S. citizens who are residing in China. Once the petitions are accepted and approved they are forwarded to the Guangzhou Consulate for “immigrant visa” processing. Several months after the Beijing office approves the I-130 petition, your relative will be scheduled (by the Guangzhou Consulate) to attend an interview. For specific information on processing times you may contact the U.S. Consulate General, Guangzhou at 020-8121-8000. You may also refer to their website http://guangzhou.usconsulate.gov. An “immigrant visa” will confer permanent resident status upon a lawful entry to the U.S. Generally, a permanent resident is a non-citizen or non-U.S. national whose actual dwelling place is in the United States.

 

Petitions on behalf of immediate relatives may be filed in person at the CIS office in Beijing, or you may make the payment at the American Citizen Services office of the US Consulate General near your residence and send the petition to us by express mail at the address below.

 

USCIS

US Embassy Beijing

No. 55 An Jia Lou Road, Chaoyang District

Beijing 100600

 

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 USCIS Service Center who has jurisdiction over your home state in the U.S. (Please see the I-130 form instruction). Absent evidence of residence in China, such as your valid Chinese "Foreigner Residence Permit", this office will not adjudicate an immediate relative petition, and jurisdiction rests with the office where you have legal residence.

 

In addition to all of the supporting evidence requested on the instructions provided on the application forms, we require that you provide Chinese Notarial translations of all documents written in the Mandarin language. If you have documents written in languages other than Chinese or English, you must provide documents authenticated by the embassy of the country where they were issued. English translations must be provided.

 

If you file the petition in person at the CIS office in Beijing, we require that, at the time of application, you present your passport, the passport of the beneficiary, and photocopies of the passport biographic page.

 

This office does not accept direct payments and on the day you submit the application to us you will be provided a payment slip and will be asked to pay all application fees at the cashier's window located at the American Citizen Services window of the U.S. Embassy. The embassy cashier can accept cash (USD or RMB) and credit cards issued by a US bank. Their hours are Monday-Friday 8:30 AM to noon and 2:00 PM to 4:00 PM.

 

For security reasons, the Beijing office is unable to accept walk-in applicants and you must first obtain an appointment. You may call 10-8531-3111 or e-mail to dhsbeijing-cis@dhs.gov to schedule an appointment.

 

The location of the DHS/USCIS Beijing Office is:

 

U.S. Embassy

DHS/USCIS

Tian Ze Road

Chaoyang Dist., Beijing

 

If you feel that the information we have provided or the information found on the USCIS website is insufficient to address the specifics of your case, you may wish to contact an immigration attorney. Unfortunately, government offices cannot provide applicants with specific, personal advice, on how their case should be best handled. We trust you have found this general information to be sufficiently informative to help you begin the application process. All forms you need are downloadable from the Internet at www.uscis.gov

 

Before you file an immediate relative petition with the USCIS Beijing office, please use the checklist attached below to make sure your petition is complete.

 

I-130 (PETITION FOR ALIEN RELATIVE)

 

CHECKLIST

 

 

1. Please note the following items on Form I-130 (the following items must be completed).

• Part B and C Name of the beneficiary must be consistent to the one in the passport. Any other names used should appear in item 7 of Part C (Other Names Used, including maiden name)

• Item 11 of both Part B and Part C (Names of Prior husbands/wives) must be completed. If not applicable in this case, please write “none”.

• Item 18 of Part C (Address in the United States where your relative intends to live) must be completed.

• In item 20 of Part C (If your relative’s alphabet is other than Roman letters, write his or her name and foreign address in the native alphabet), please write in Chinese characters the beneficiary’s name and address, including ZIP code.

• Part D. You must answer questions 1 and 2. Do not use “N/A”

• Part E. Must be signed by the Petitioner (U.S. Citizen)

 

2. Filing fee (Currently $420.00). If you make the payment at the ACS section of a US Consulate General and mail the petition to us, please enclose a copy of the fee payment receipt.

 

3. Copy of the petitioner’s valid U.S. passport (copies of both the biographic page and current visa must be provided).

 

4. Copy of the petitioner’s valid Chinese visa (“Z” or “X”), and/or the Foreigner Residence Permit

 

5. Notarial Translation of the Marriage Certificate (if married in China), or certified copy of the Marriage Certificate (if married in the U.S.), or authenticated copy of the Marriage Certificate (if married in other country/area). If the marriage certificate was issued in other country/area and is in foreign language, an official English translation must be attached.

 

6. Proof of legal termination of all previous marriages (i.e. divorce decree and/or death certificate), if applicable. The document(s) should be a). notarial translation (if issued in China); or b ). certified copy (if issued in the U.S.); or c). authenticated copy with official English translation (if issued in other country/area and in a foreign language)

 

7. Please also provide a copy of the marriage certificate and a copy of all Divorce Certificates (if applicable). The original documents must be presented while filing the petition in person at the USCIS Beijing office.

 

8. Form G-325A for both the petitioner and the beneficiary (must be completed and signed)

 

Regarding the item “Applicant’s employment last five years. (If none, so state) list present employment first”:

• Employment also includes studies. If the applicant (either the petitioner or the beneficiary) is/was a student during a certain period in the last five years, please list the name and address of the school, and specify the occupation as “student”.

• If the applicant is/was during a certain period in the last five years staying at home as a homemaker, please list it and specify the occupation as “homemaker”.

• The time frame for each entry on the G-325A form should be continuous.

 

9. Personal photo for the petitioner and the beneficiary (1 for each, US passport photo).

 

10. Copy of the beneficiary’s valid passport (the biographic page).

 

 

TRANSLATIONS

 

All documents that are in languages other then English must be translated. The translator must certify that they are fluent in both languages:

 

“I hereby certify that I am fluent and competent in both English and _____ and that I have translated the attached/above document from ______ into English. The translation is true and correct to the best of my knowledge.”

 

Signature

ID#

 

I-130 petition for step-child

 

A separate petition must be filed if the USC is also petitioning the stepchild (to be eligible for the petition, the child must be under 18 years when the USC married the petitioned spouse). Supporting documents include all those needed for the petition filed for the spouse, plus a Notarial Birth Certificate of the child. However, the step-child does not need to complete form G-325A or submit a photo. Filing fee is also $420.00.

 

Revised on 11/23/10

 

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

I followed up with the following message, as my question wasn't really answered:

 

""Hello,

 

Thank you very much for your quick response, and the information; I really appreciate it!

 

I guess I still don't have the answer for my question though. I don't have a "Foreigner Residence Permit," "Z" work visa, or "X" student visa.

 

I do however have my continuous "Registration Form of Temporary Residence" (which when I submit the petition will be continuous for over 2 years), my Chinese visas and stamps showing I've been in China continuously, apartment lease, and other forms of evidence to show I've been living in Beijing. Here is a link for what the "Registration Form of Temporary Residence" looks like, although I'm sure you know it:

http://www.visa100.o...y_Residence.JPG

 

Would all these documents qualify as "other long-term official authorization permitting me to live in China" and file the I-130 petition with your USCIS Beijing office?

 

Registering with my local PSB near the Llama Temple to get the "Registration Form of Temporary Residence" is what I need to do to be here legally/officially, and I think that would qualify as official authorization permitting to live here, correct?

 

Hopefully you understand what I am trying to clarify.

 

Thanks once again for your speedy response, and look forward to receiving your follow-up.

 

Best Regards!

 

Dan""

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

Just now I got this reply from the office:

 

""We replied to you and sent you an attachment yesterday. Please read very carefully the attachment. That is the most updated information regarding our residency requirement. Thanks.

 

DHS/USCIS, Beijing

 

Tel: 86-10-8531-3111

 

Fax: 86-10-8531-3100""

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

 

So, I still don't have my answer regarding whether or not my Form of Temporary Registration is enough. Maybe I'll give it a few more weeks and then call the office or schedule an appointment and go in and ask.

 

Any thoughts on their responses and how I should interpret them?? Think I have what it takes to go the DCF route and submit the petition right here in Beijing??

 

Whewwww.........what a headache..........

 

Thanks!

Edited August 24, 2011 by dnoblett
remove glasses smiley (see edit history)

[Beachey]

I think some of this may depend on your eventual time frame. Your best shot might be to do what Randy describes above and go in with your I-130 package, all your residency proof and plead your case. Worst case is they say No.

 

If denied, At that point you would have to file at the Chicago Lockbox which will take longer.

 

The one problem is you normally want to DCF within about 9 to10 months(3-4 months for approval plus six month visa validity) of when you would like to return to US. Filing in the US normally takes 3-6 months longer.

 

In the meantime, try to figure out how to get a Resident Permit.

[dan1984]

Hmmm, I think you and Randy are right in saying that when the time comes to go there with the I-130 package and plead my case.

 

If denied, could I mail my paperwork to the Chicago Lockbox from here in Beijing? For some reason I seem to recall reading that the petition needs to be submitted from within the United States, of going that route....or maybe that was for the fiance petitions....?

 

Either way, be it in Beijing or Chicago, I guess the main thing to prioritize is to make sure the I-130 package is prepared sufficiently and everything is included.

 

It's just a pain not getting the answers you want and having this feeling of uncertainty in your mind, but, then again, I guess that's the whole visa process in a nutshell.

 

I don't really think the residence permit is an option. They are rarely given out, only for people who make large investments in China, have businesses here, have made "cultural contributions," etc.

 

The more realistic options are if I can get a "work visa," or just enroll in a class for the sake of the "student visa."

 

In past threads though I've read how people have had petitions approved with "travel visas," and it's all at the discretion of the visa officer. Hopefully when the time comes he/she will accept my Registration Form of Temporary Residence and all the other evidence to show I've been living in Beijing.

 

 

I think some of this may depend on your eventual time frame. Your best shot might be to do what Randy describes above and go in with your I-130 package, all your residency proof and plead your case. Worst case is they say No.

 

If denied, At that point you would have to file at the Chicago Lockbox which will take longer.

 

The one problem is you normally want to DCF within about 9 to10 months(3-4 months for approval plus six month visa validity) of when you would like to return to US. Filing in the US normally takes 3-6 months longer.

 

In the meantime, try to figure out how to get a Resident Permit.

[thelocaldialect]

If you plan to marry your girlfriend before you file you can get a residence permit (NOT the same as permanent residence) based on your marriage now. I know because I have one B) . The old "visiting relatives" tourist (L) visa is being replaced by a residence permit for the same purpose. It still doesn't permit you to work legally so it is pretty much the same thing in all but name but it will do the job for the USCIS requirements. It doesn't cost much, I got mine in January for 400rmb and it was pretty easy to get, you just need your spouse's hukou, ID card, etc and your marriage book.

 

Or, as you say, a student visa of convenience would work too, although that is sort of an expensive route to go all things considered. A residence permit for work (which is what you would get after you entered the country on the Z visa -- Z is for entering only) is not necessarily easy to get if you're already in the country on a different type of visa. At the very least you'd probably have to make a run to Hong Kong to convert the visa type, and that's after you've found a job that will give you one. Much more hassle than just getting the "visiting relatives" residence permit if you plan on getting married before filing anyhow.

[Randy W]

If you plan to marry your girlfriend before you file you can get a residence permit (NOT the same as permanent residence) based on your marriage now. I know because I have one B) . The old "visiting relatives" tourist (L) visa is being replaced by a residence permit for the same purpose. It still doesn't permit you to work legally so it is pretty much the same thing in all but name but it will do the job for the USCIS requirements. It doesn't cost much, I got mine in January for 400rmb and it was pretty easy to get, you just need your spouse's hukou, ID card, etc and your marriage book.

 

Or, as you say, a student visa of convenience would work too, although that is sort of an expensive route to go all things considered. A residence permit for work (which is what you would get after you entered the country on the Z visa -- Z is for entering only) is not necessarily easy to get if you're already in the country on a different type of visa. At the very least you'd probably have to make a run to Hong Kong to convert the visa type, and that's after you've found a job that will give you one. Much more hassle than just getting the "visiting relatives" residence permit if you plan on getting married before filing anyhow.

 

You would go to the local PSB for the residence permit AFTER you're married.

[thelocaldialect]

Yeah, that's what I thought I said Randy. Where did you get the impression that I meant you could get a spouse visa/residence before you were married? In fact, in the very first sentence I said "If you plan to marry your girlfriend before you file ..." (file for DCF, of course).

 

The OP wants to file DCF and he's talking about filing for a potential wife. I assumed he meant to marry her in China, and as soon as he's married he can apply for a residence permit based on his marriage. Obviously if he's talking about a fiance visa it wouldn't be an option.