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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:

 

“Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage”


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

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Answering questions.

 

1) NO, a green card holder is NOT a US Citizen, they are still the citizen of their home country, the green-card allows permanent residency and working in the USA, the same as a US Citizen needing a residency permit to live in China.

 

2) Would be better and faster do do this in China before coming to the USA filing I-130 at the US Embassy in Beijing would result in about a 4 month process to get visa as opposed to nearly 10 months if filed in the USA. Only requirement is showing residency in China. (We call this DCF process, means Direct Consulate Filing)

 

3) Copy of Marriage Book + English Translation, 2"x2" passport photos, A G-325A from spouse downloadable from USCIS.Gov, copy of divorce record if spouse married before.

 

4) Yep, most do that.

 

5) NO, when the baby is born, register the birth at the US consulate and apply for a US Passport for the child, and will need to get an exit visa from the local PSB to allow leaving China.

 

6) Nope, if birth is before or after getting IR-1 visa for spouse, just see #5 if child is born in the USA then nothing applies at all.

 

7) Child can have a western name as far as I know.

 

8) This can be somewhat tricky, visa should be in passport name, If can get an addendum added to visa stating AKA with western name added to passport, then file petition using married name with maiden name listed as other names used, if not, then perhaps use current legal name and wait until after arriving in the USA to get a legal name change, which would require replacing green-card at additional cost.

 

9) NO They just supply an I-864 as a joint sponsor.

 

10) YES It will be needed at Visa interview, and in the case of a state side filing a copy would be needed at the NVC stage of the process.

 

ADVICE, If you are still living in China and have a residency permit, file the petition at the DHS office in Beijing.

Edited by dnoblett (see edit history)
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#2 has more to do with timing of my getting a job and my wife having a baby and she insists on giving birth in Shanghai. If I did file in the USA, would it be any more complex other than waiting longer for it to process? Any other paperwork?

 

#4 I am still not clear on number 4. Would I have to create my own affidavit and if so are there any samples I can use? OR would I have to go through a body? If so where?

 

#5 I am worried about the timing on this one as I will be working in the States. Will I get this passport issued immediately? Also can I return to the USA first and then have my spouse take the baby with her?

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#2 no more complex, just a few months longer.

  • File I-130 to USCIS in the states to Phoenix or Chicago depending on where you live.
  • USCIS can take up to 6 months to process and approve
  • USCIS sends petition to NVC
  • NVC process can take 2-3 months
  • Note: NVC has special email process set up for China
  • Interview tends to be about a month after NVC completes their process

#4 Yes they are written by persons knowing of your relationship and they get them notarized.

Here are examples used in a different process, but essentially the same thing, simply reword them for a visa petition.

#5 Yes, the consulate prints and issues passports for child.

 

A couple threads to study:

Edited by dnoblett (see edit history)
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#4 Yes they are written by persons knowing of your relationship and they get them notarized.

Here are examples used in a different process, but essentially the same thing, simply reword them for a visa petition.

 

 

While I don't want to discourage you from presenting any and all evidence that helps your case, if you have been married since 2009, you likely should have a lot of evidence besides an affidavit.

 

1. Pictures over the last 3 years

2. Rental/Lease Agreements with your names on them. (If in Chinese, will need to be translated)

3. Tickets or Invoices from Trip you have taken together.

4. Also, you should have/would have needed to file Taxes for 2009, 2010, and 2011. (If you haven't you are going to need to do so now). In all cases, you would have to file married.

 

My wife and I were only married about six months and we did not get an affidavit. Playing Devil's Advocate here, after three years married would would think you should be able to provide evidence other than getting a friend to vouch for you.

 

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.

 

The only birth certificate my wife ever got was a Chinese notarized white book ( I can never remember the Chinese name for it) which stated her name, DOB, place of birth and her parent's names. I am sure the info came from her houkou. I believe many Chinese do not have a separate birth certificate depending on where they were born..

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  • 1 month later...

I would like to thank you guys and sorry I havn't replied in a while. My wife finally did obtain her birth certificate which is seperate from her hukou.

 

 

There are a couple more questions I would like to ask.

 

1. If my baby is born while I am not in China, given the circumstance, could I register the birth in the USA? Would he/she get her passport?

 

2. Let's say I apply for an exit visa, could my Chinese wife take the baby out without my being there? How long does this exit visa last?

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Documenting a Child Born Abroad Who Acquires U.S. Citizenship at Birth - http://guangzhou.usembassy-china.org.cn/ne...gistration.html (GUZ)

 

 

 

 

 

Your child, as the child of an American citizen, is entitled to citizenship and an American passport. He/she may need an (Chinese) exit visa in order to leave China.

 

Please note, as soon as a U.S. passport is issued, the baby's parents must apply for a Chinese visa to ensure that they don't have problems leaving the country. However, if one parent of the child is a Chinese citizen and the child was born in China, the Chinese government may consider the child a Chinese citizen. In that case, the child will have to obtain a Chinese passport before leaving the country. The child will still be a U.S. citizen and should always use his/her U.S. passport for international travel after departing China. Please contact the exit and entry administration office of the local Public Security Bureau for more information.

The Dept. of State has this to say about that:
China considers a child born within its borders to hold Chinese citizenship if one parent is a Chinese national, even if the child applies for and receives a U.S. passport while in China. In these cases, when parents want to travel overseas with their child, they should contact their local Public Security Bureau for information on obtaining a travel document (lu xing zheng).

 

Note that the phrase "Chinese passport" usually refers to the exit visa. Check with your
PSB
office for details - they will know EXACTLY what is required.

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