CR-1 for pregnant fiancee, lots of questions

[ferg9]

Hi guys. My fiancee is 7 months pregnant (Due May 8th) and we are beginning the process of the CR-1 Visa. My work visa here in Shenzhen lasts until July 10th. My head is starting to spin thinking of all that needs to be done and knowing that I have so many questions about this process. We have to go to Nanchang (hopefully next week) to actually get married, after which I will try to DCF the I-130 petition as soon as possible. I have a lot of questions that I would greatly appreciate your help with.

 

1. About the process of actually getting married. From what I've gathered from my fiancee, we need to go to Nanchang because I'm a foreigner and her hometown of Ji'An won't process a marriage with a foreigner. Do I need to do anything special to make sure the marriage is properly registered after I marry in Nanchang?

 

2. I read that when I bring in the I-130 to Guangzhou, I will need a notarized marriage certificate. I've also read that I will need to bring a notarized translation of the marriage certificate. Where can I get these notaries completed? Do other documents need to be notarized such as birth certificate and police report? I read that her birth certificate, which I think we only need for the interview not for for the I-130, must be obtained by a "local notary public office", and I'm not sure what that means. Does she need to go to Ji'An to get a notarized birth certificate?

 

3. Since my visa expires July 10th and I doubt the process will be finished by then, what can I do to make sure I'm able to stay in China until the process is complete? Should I go to Hong Kong and apply for a tourist visa? Or is there a longer term visa I can apply for since I will be married? Can we still stay in Shenzhen if neither of us are working or would we have to live with her parents? I'd really like to avoid that because they live in a tiny village in the mountains and I'd rather not bring my newborn baby there.

 

4. For filling out the I-130, I know this question has been answered before so forgive me, but line 1, 2 and 3 about name address obviously is meant for names and addresses in English. Do we just attach a form with her name and our adresses written and write "see attached form"? Should we use Pinyin or Chinese characters? Line 20 says to write the name and address in relative's native alphabet, so I'm assuming for line 1, 2 and 3 we would use Pinyin.

 

The next few questions are concerning the interview, which I know is in the future but it would help put my mind to rest having a few things cleared up:

 

5. Does she need to bring both of our "police certificates" or criminal records with her? Or is it just her police certificate she needs to bring? If she needs mine, would I need to provide one from America and Suzhou (where I lived last year) and Shenzhen?

 

6. I read that her medical examination must be completed in a designated place, but I didn't see it written where that designated place is. Will we have to go all the way to Shanghai to get the medical check done? I'm worried that because the baby is due in early May it will be complicated for her to be travelling around and getting vaccinations.

 

7. I don't think I'll have a job lined up for when I get back to the US. We've saved up some money and I was planning to go job hunting once I actually get back to the US. I will have a joint-sponsor (my mother) because I would not qualify. Will it be a problem that I don't have something lined up for when I get back? Is one joint sponsor enough (she is well above the poverty line but not rich).

 

 

Okay that's all that's coming to mind right now. I'm sorry for so many questions, but I'm just feeling very overwhelmed especially with the baby on its way. I'm sure that as I go through the process I will think of a few more. You all are an amazing resource, thank you so much,

[Randy W]

Your wife should be best able to help you with some of this but for us Westerners (some of these links may not work) . . .

 

Getting Married in China

To legally get married in China, you will gather the required documents and present them to the appropriate Chinese authorities. Any ceremony is optional.

Chinese Embassy in Washington, D.C. - Marriage Registration in China (includes a sample single affidavit)

The one from the Embassy doesn't seem to be there anymore - this is from the Houston consulate - http://houston.china...age/jh.htm#aoss

But Visa Express gives this example - http://www.visaexpre...inglestatus.htm

Your choice

The required documents may be certified in China by taking them to a consulate/Embassy. The documents may be ready in time to get married (register) that same day. In the states, it must be notarized then sent to your state's department of state for notarization...then sent to the Chinese consulate

Foreign-Related Marriage And Divorce In China

Dept. of State - Living, Working, and Marriage in China

As of April 1, 2019, two foreigners are not allowed to register their marriage at Civil Affairs offices in China (marriages between a foreigner and Chinese national are still permitted.) This means that two foreigners can no longer obtain a Chinese marriage certificate. This new regulation was published on March 29, 2019, and went into effect nationwide as of today. The details of this announcement can be found here: http://www.mca.gov.cn/article/xw/tzgg/201903/20190300016006.shtml (in Chinese only) or you can call the Civil Affairs hotline at 962200.

 

A marriage is simply the process of REGISTERING the marriage, so once you're married and have the red book certificates, that's it (except for the notarial translation).

 

Chinese Notarial Documents - see DOS China Reciprocity Schedule

NOTE: If the link is broken, try http://travel.state..../fees_3272.html or go to http://travel.state.gov/ and search for "Reciprocity by Country" (they seem to change this periodically)

Most of the documents needed can be obtained from one of China's Notarial Offices (Gong Zheng Chu). All Chinese documentation to be used abroad is processed through the notary offices and issued in the form of notarial certificates. Notarial offices are located in all major Chinese cities and in rural county seats

The documents required are the GongZhengShu 公证书

Sample application for documents (your province or hukou may vary):

http://www.bnpo.gov....72115331419.doc

http://www.bnpo.gov....ide/detail1.asp

A discussion of the huji (or hukou 户口) system can be found at Hukou System. Chinese residents should go to their hukou for all notarial documents (birth, divorce, and/or single certificate, and police records). For the police record, one obtained at the hukou will cover all of China.

A notarial document will be in the standard white notarial booklet, have an official red seal, an English translation, and an attestation to the true translation.

Note that police records and single certificates are valid for one year from the date of notarization. Others are valid indefinitely.

Marriage certification for I-130 or K-3 must be in the same format.

If ANY document is unobtainable, you should submit a statement of WHY it is unobtainable, and what effort you made to obtain it.

Edited September 26, 2019 by Randy W (see edit history)

[Randy W]

For your visa, once you have the red book marriage certificates, take it to your local PSB entry/exit bureau - they will fix you up there without having to leave the country. But if you want one of the new 10 year visas, you will need to apply at one of the overseas consulates (I don't know if you can get one in Hong Kong).

 

You (or her) do not need to provide your own police certificates (hers ARE required, of course) - the consulate will be able to get what they need. I'm not sure if they will need you to get one for your time in China, though.

 

The Medical information form will have information on where the exam can take place. Yes, it will need to be in Shanghai, Beijing, or Guangzhou.

 

The co-sponsor's I-864 should be "Enough", but I always advise that "Enough" is not ENOUGH - that is, the consulate is REQUIRED BY LAW to look BEYOND the information on the I-864 to the "totality of circumstance" in considering whether your wife might become a public charge while in the U.S. You will need to establish a domicile (basically, a place where you can hang your hat on arrival on the U.S.), and I recommend that you provide evidence of at least an active job search, if not some actual interviews and/or job offers.

Edited February 28, 2015 by Randy W (see edit history)

[Randy W]

GUZ - Medical Exam Instructions in English and Chinese (includes list of designated hospitals)

link to http://photos.state.gov/libraries/guangzhou/47024/IV/Medical instruction _GIV-8_ - Apr_ 12.pdf

Edited December 18, 2020 by Randy W (see edit history)

[ferg9]

Thanks very much Randy, that was helpful. I'm still a bit confused about obtaining a notarized and translated copy of the police record and birth certificate. I know that she must go to her home town where her Hukou is, but it's a small town which I don't know will provide notary or translation services. So is it correct that we first go to her hometown to get the police record, marriage certificate, and birth certificate AND THEN go to a Gong Zheng Chu to get them translated and get those translations notarized?

Also, regarding my fiancee being pregnant: When we file the I-130 she will not have given birth yet, but she may have given birth by the time the interview comes along.

Will it be a problem if on the I-130 we don't include any children, but then during the interview process she will indeed have a child? Also, if she is still pregnant at the time of the medical examination, I'm worried that we won't be able to complete everything. I know there are supposed to be vaccines (which mostly can't be done during pregnancy) and an x-ray, which I'm not sure is okay or not.

Thanks again for all of your help.

[Randy W]

Thanks very much Randy, that was helpful. I'm still a bit confused about obtaining a notarized and translated copy of the police record and birth certificate. I know that she must go to her home town where her Hukou is, but it's a small town which I don't know will provide notary or translation services. So is it correct that we first go to her hometown to get the police record, marriage certificate, and birth certificate AND THEN go to a Gong Zheng Chu to get them translated and get those translations notarized?

 

Also, regarding my fiancee being pregnant: When we file the I-130 she will not have given birth yet, but she may have given birth by the time the interview comes along.

Will it be a problem if on the I-130 we don't include any children, but then during the interview process she will indeed have a child? Also, if she is still pregnant at the time of the medical examination, I'm worried that we won't be able to complete everything. I know there are supposed to be vaccines (which mostly can't be done during pregnancy) and an x-ray, which I'm not sure is okay or not.

Thanks again for all of your help.

 

 

Yes - your (soon-to-be) wife should be able to get you through that process of acquiring the white books (pardon me for being reluctant to use the term,"fiance" here).

 

The pregnancy is not a problem as far as the consulate and the process are concerned, although it may cause you to need to do some juggling of the requirements and/or time frame involved. They are aware of and can allow for medical concerns about her condition. There are procedures they follow to ensure that the baby will be allowed to leave the country, depending on whether the birth date falls before the interview, or after the interview (hopefully, not DURING the interview). A new born baby with a blank American passport will need an exit visa from the Chinese authorities - be sure to look into this so you'll be prepared. There have been at least a couple of cases where the Chinese authorities REFUSED to issue the exit permit, claiming that the child would be a Chinese citizen, and thus require a Chinese passport. The consulates have issued "pro-forma" visas (a visitors visa) to the child's Chinese passport for some of these cases.

[ferg9]

Thanks Randy! You're really helping me out. I'm going to be annoying and ask one more thing. She knows what to do and who to call to get the certificates, but we both aren't sure whether we need to get the actual certificates themselves notarized or "white booked" or if it's the translations that need to be notarized. Last one, I think!

[Randy W]

Thanks Randy! You're really helping me out. I'm going to be annoying and ask one more thing. She knows what to do and who to call to get the certificates, but we both aren't sure whether we need to get the actual certificates themselves notarized or "white booked" or if it's the translations that need to be notarized. Last one, I think!

 

 

The "white book" format is what is needed. It's NOT called that in Chinese, but is actually a Chinese standard-issue document for use overseas, NOT done to any consulate specification. It's actually a separate document, which will include a copy or a summary of the original Chinese document. They'll know what to do. Like I posted earlier,

 

Most of the documents needed can be obtained from one of China's Notarial Offices (Gong Zheng Chu). All Chinese documentation to be used abroad is processed through the notary offices and issued in the form of notarial certificates. Notarial offices are located in all major Chinese cities and in rural county seats

 

The documents required are the GongZhengShu 公证书

 

 

That should be everything you need to know.

[warpedbored]

I would like to add that if you file DCF now you are very likely to get her visa before July. As soon as the baby is born you will need to get an American passport for the child. If China won't issue an exit visa you'll need a Chinese passport for the child for the consulate to issue a proforma visa.

[Doug]

I don't know about Nanchang, but in Nanjing the same people who registered and married us, also did the official white book translation of any and all documents we wanted them to. They sent them out express mail to me in the states as well. Really a good set up. You might call ahead and check. Oh they also took some good pics which helped for the interview.

 

Later in Changzhou my wife found people who would do the white book, as we needed more.

Edited March 1, 2015 by Doug (see edit history)

[ferg9]

Thanks Doug and warpedbored.

warpedbored - I know that soon after the baby is born (this is my first on so correct me if I'm wrong but I think it will need a few weeks before it can make a trip to Guangzhou from Shenzhen) we must go to the US embassy and file the CRBA and apply for an American passport for the baby. I'm wondering about getting the exit visa for the baby. Does anyone know why exit visas are sometimes rejected, or what I can do to make sure it doesn't happen? I'm unclear - when the baby is born is it considered a Chinese citizen automatically?

Also, Randy mentioned that if my work visa expires before I am ready to leave, I can take my marriage certificate into a local PSB and they'd help me out. Is that a visa they can supply for me? How long does that last? How far in advance of my current work visa's expiration should I apply there?

[dnoblett]

Thanks Doug and warpedbored.

 

warpedbored - I know that soon after the baby is born (this is my first on so correct me if I'm wrong but I think it will need a few weeks before it can make a trip to Guangzhou from Shenzhen) we must go to the US embassy and file the CRBA and apply for an American passport for the baby. I'm wondering about getting the exit visa for the baby. Does anyone know why exit visas are sometimes rejected, or what I can do to make sure it doesn't happen? I'm unclear - when the baby is born is it considered a Chinese citizen automatically?

Also, Randy mentioned that if my work visa expires before I am ready to leave, I can take my marriage certificate into a local PSB and they'd help me out. Is that a visa they can supply for me? How long does that last? How far in advance of my current work visa's expiration should I apply there?

 

 

Study topics tagged CRBA I believe some do mentioned problems getting exit visa from the PSB.

Study topics tagged Residence Permit about extending your allowed stay based on marriage to Chinese citizen. (Randy may have more detail on this due to his residing in China for an extended time)

[Randy W]

Thanks Doug and warpedbored.

 

warpedbored - I know that soon after the baby is born (this is my first on so correct me if I'm wrong but I think it will need a few weeks before it can make a trip to Guangzhou from Shenzhen) we must go to the US embassy and file the CRBA and apply for an American passport for the baby. I'm wondering about getting the exit visa for the baby. Does anyone know why exit visas are sometimes rejected, or what I can do to make sure it doesn't happen? I'm unclear - when the baby is born is it considered a Chinese citizen automatically?

Also, Randy mentioned that if my work visa expires before I am ready to leave, I can take my marriage certificate into a local PSB and they'd help me out. Is that a visa they can supply for me? How long does that last? How far in advance of my current work visa's expiration should I apply there?

 

 

 

The visa I am applying for now will be for three years. In the past, they've only been for one year, but have NOT required me to leave the county - that is, NO "border hops" just before visa expiration.

 

Talk to the folks at the PSB ENTRY and Exit Bureau to find out what they can do for you.

 

That includes the exit visa, by the way. They should be able to tell you whether he will be able to get an exit visa. Under the Chinese Nationality Law, a child of one or two Chinese citizens, born in China, is considered a Chinese citizen. Dual citizenship is not recognized. Usually, the baby is allowed to be treated as an American citizen and get an American passport. The exit visa is then required, since the American passport has no entry stamp. A strict interpretation of the Chinese Nationality law, which has sometimes been applied, is that the baby IS a Chinese citizen, and the American citizenship (and passport) is not recognized. Thus, no exit visa can be issued if they take that attitude. The American consulate will issue a "pro-forma" visitor's visa for the baby's Chinese visa in these cases. You will need to ask at the PSB to find out what they will do.

Edited March 5, 2015 by Randy W
spelling (see edit history)

[wawster]

Hi There,

I hope this will help. I married my wife last november. My wife is from a very small yown in the mountains of Hunan. So we had to go to the province capital - Changsha - to get married. the marriage registration office also had a notarial and translation office there - I assume it will be the same for you.

We had to have:

My passport

My single certificate. For me, living in Kansas, I had to send to you my Secretary of State to have it authorized, and then had to send to to the Chinese Consulate in chicago to have it authorised by them. Then I could use it in china. I am sure your procedure will be different as you're living in China.

Yifang's divorce papers.

Her hukou.

 

We had to fill out the forms in the registration office...they took some pictures of us, and then it was done - they handed us the two red books.It all took less than an hour for us to be registered as married.

 

We went in the next room to the notarization office and handed them the red books, Yifangs divorce papers, and a few other things for her son. They copied them all and then the next day we got the translated and notarized copies in the "White book" format. That is just the booklet with a white cover that has the copy, the translation of the copy, a doc that says the copy is the same as the original doc, and a translation of that doc, etc...it adds up to 6 or 7 pages in the white booklet. I had them do 2 of everything because I was heading back to the US, and would have to do the I-130 stuff from here.

 

The marriage registration is not too hard to do, buddy, and the folks at the registration office are kinda used to walking us poor americans through the process. They even had a chart for ne to fll out the forms that had English tips to tell me what to write and where, as my Mandarin is at a pretty low level.

 

I was also pretty stressed about making sure I had everything in order. Listen to the veterans here, and they'll do ya right!

 

as for the DCF....can't help ya there man....But these other folks sure can!

Warren