Chances of success

[wannagohome]

Hi All. Im very anxious about our upcoming interview. As my name suggests I really wanna go home. My husband and I married in China and we have a baby also an American citizen born in China. I want to raise my baby in America. What are the chances of success (with a child) that my husband can get the immigrant visa if all documents are in order? They wouldn't just deny us right? I can't endure China any longer but I don't want to leave China without my husband. Also if he gets the visa, when must he enter America by? Is it 6 months from the issuance? Thanks in Advance

[Ryan H]

Having a child neither increases nor decreases the chances of success. With that being I have heard that it is very rare for a visa to be denied when a couple has been living together in the beneficiary's country.

 

If a visa is issued, it must be used before expiration date that is printed on the visa. Validity of the visa is tied to when the medical exam takes place, the closer to the interview date the medical exam is conducted, the longer the validity of the visa.

For example:

• Medical exam takes place in October
• Interview takes place in November
• Assuming the interview is successful and a visa is issued, then it would likely have an expiration date for the following April (6 months from the date of the medical exam)

[wannagohome]

Thank you. The beneficiary, my husband is not Chinese, so this is not his home country. We both met and fell in love in China, got married and had a baby here. Fingers crossed

[warpedbored]

I doubt you'll have any problems with his visa as long as all the papers are in order. Police checks for prior residence etc. Even though the child is American he / she will need an exit visa. China has been persnickety about this recently but the consulate can issue a provisional visa.

[Randy W]

I doubt you'll have any problems with his visa as long as all the papers are in order. Police checks for prior residence etc. Even though the child is American he / she will need an exit visa. China has been persnickety about this recently but the consulate can issue a provisional visa.

 

 

The word there is 'pro-forma' visa - a visa for the Chinese passport of an American citizen, issued in the event that the PSB refuses to issue an exit visa. Check with the PSB first.

[newacct]

Well the OP said the husband is not Chinese, so probably neither parent is a Chinese citizen, in which case the child would not be a Chinese citizen either. In that case it should be easier to leave China.

[warpedbored]

I don't know how China views children born in China of foreign parents. Regardless I believe an exit visa would be required even if the child has a US passport since there would be no entry stamp.

[Randy W]

I don't know how China views children born in China of foreign parents. Regardless I believe an exit visa would be required even if the child has a US passport since there would be no entry stamp.

 

 

Yes - but unlikely to encounter any problems in getting one. The problem came about when the PSB authorities were refusing to recognize the foreign citizenship.

 

From the PRC Nationality Law - seems to definitely exclude those born to BOTH foreign parents

 

Article 4

Any person born in China whose parents are both Chinese nationals and one of whose parents is a Chinese national shall have Chinese nationality.

 

[wannagohome]

Yes. My husband and I are not Chinese. The child was born in China, and has a Chinese residence permit but not Chinese nationality. The child has American citizenship and an American passport. We should not need an exit visa. We already left for Hong Kong with no problem.

[Randy W]

Yes. My husband and I are not Chinese. The child was born in China, and has a Chinese residence permit but not Chinese nationality. The child has American citizenship and an American passport. We should not need an exit visa. We already left for Hong Kong with no problem.

 

 

Usually, a newborn American citizen would have a blank American passport, with (obviously) no entry stamp. An exit visa would be required in that situation. However, the residence permit may serve that function. I'm guessing that you've already talked that through with the PSB folks and are good to go.

[KevinNelson]

Ah, somewhat along these lines... I hope to file the I-130 no later than the end of January, 2015. My wife is a CPC member. We have been married for four months now. My son is getting married in the last week of June, 2015. Is it resonable to believe that my wife will have her green card by the time we need to travel to my son's wedding?

[tsap seui]

If you filed the I-130 on Jan 1st chances are very good that your wife would have had, or be going to, her interview by the end of April. It is rare to see, say her interview goes well, CCP issues resolved and visa in passport, in only 60 days. With no CCP issues and your DCF flied I-130 application chances were VERY good that she would have her visa, and could go to America in time for the wedding. THe CCP issues are gonna need, sad to say, a miracle to get everything done in time. There are lots of CCP issue posts available to read. Miracles do happen from time to time though.

 

The green card only becomes available a couple of weeks or so, after she goes through her POE in the airport, please don't mistake that with her immigrant visa which is given out in Guangzhou...allowing her to travel one time to America.

[Randy W]

I think he's referring to the visa itself as a "green card" - it will serve as an I-551 green card once endorsed at the POE for 1 year or until the actual card arrives in the mail.

[warpedbored]

If you are living in China and file DCF it is possible but considering the 3-4 month delay that will be caused by your wife's CCP membership it's too close to call. DCF usually takes anywhere from 3-6 months, a CCP waiver another 3-4.

[KevinNelson]

Well, we managed to get everything filed on January 29th... that is the DCF at Guangzhou of the I-130. Now the wait and prayers...