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Wife wants to visit China, worried she won't be able to return

China Visa pro forma visa Exit visa

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#1 ferg9

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Posted 13 September 2016 - 01:12 PM

Hi all I'm not sure if this is the right category to post in but here goes:

My wife is here with me in the States, she has her green card, and she plans to take a trip back to China in November. We were married on March 9, 2015, so I know there is one more step which we need to complete within the 90 day window before our 2 year anniversary. My questions are related to that final step we need to complete and how her status in the US will affect her ability to return if she goes to China. Separately (and I'm not sure if anyone will have knowledge of this) she wants to take our daughter with her to visit China. Our daughter was born in China but we got her an American passport and China gave her an exit permit, so now she is living with us in America as an American citizen. My questions around that are about which type of visitor visa to get her since she was born in China and has one Chinese parent but now lives in the US. The only info I can find on the consulate website is about children with one Chinese parent who were born in the US, not China like our daughter was.

Questions-
*Will my wife be able to return even though we haven't finished her immigration process? (still need the last step completed within 90 days of second anniversary)
*Can someone please help me understand what that last step is?
*Does anyone know if there are special things to consider in regards to getting my daughter a visitor visa to China as she has one Chinese parent, was born in China, but now is an American citizen living in the US?

Thank you very much

#2 dnoblett

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Posted 13 September 2016 - 02:11 PM

1) Yes, the 2 year conditions has only to do with showing you are in a bona fide marital relationship two years into permanent residency, travel to and from the states has nothing to do with this.  My wife visited Canada several times either with me or by herself during the 2 year period.  Should have absolutely no bearing or issues with travel.  The only caveat is if she travels shortly after you filed the I-751 to remove conditions there will be a biometric appointment she will need to do and perhaps an interview that can be a problem if she is out of the country at the time they are required.

 

2) The last step is called removal of conditions.  Study topics tagged I-751 http://candleforlove...s/forums/I-751/

 

3) Yes, Daughter will require a visit visa in order to visit China, she is a US Citizen.  If you live near a Chinese consulate, can apply for it in person, and can get a 10 year visit visa.  If you live a distance should be able to use a visa service to handle this like Oasis Visa Service. https://www.oasischinavisa.com/

 

It is recommended that she have a letter from you allowing her to travel out of the country with one parent. For example: 
link to photos.state.gov/libraries/unitedkingdom/164203/cons-acs/sample_letter_of_consent_to_travel.pdf



#3 newacct

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Posted 13 September 2016 - 08:54 PM

Technically, according to Chinese law, your daughter is a Chinese citizen too, and should get a Chinese "Travel Document" (which identifies the bearer as a Chinese citizen) from a Chinese consulate to enter and exit China. However, the policies for Chinese Travel Document have been shifting back and forth in recent years and vary between consulates, so it might be best to fill out both applications for Chinese visa and Chinese Travel Document and see which one they take.



#4 Randy W

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Posted 13 September 2016 - 09:45 PM

Technically, according to Chinese law, your daughter is a Chinese citizen too, and should get a Chinese "Travel Document" (which identifies the bearer as a Chinese citizen) from a Chinese consulate to enter and exit China. However, the policies for Chinese Travel Document have been shifting back and forth in recent years and vary between consulates, so it might be best to fill out both applications for Chinese visa and Chinese Travel Document and see which one they take.

 

 

China does not recognize dual citizenship. British citizens are handled differently, which may be the source of your "Travel Document" rumor. A British citizen born in China may be required to return to China and explicitly rescind their Chinese citizenship before they can be issued a visa in their BRITISH passport.

 

When you apply for your daughter's Chinese visa in her American passport, you may need to show the exit visa that was used when she left China.


Edited by Randy W, 13 September 2016 - 09:48 PM.


#5 ferg9

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Posted 13 September 2016 - 11:09 PM

One follow up question regarding my wife - will she need to bring any documents with her besides her green card and passport to ensure that she is able to re-enter the U.S.? I remember it being quite a pain bringing her to America for the first time... Lots of documents needed and stopping in immigration offices. Just want to be sure we don't miss anything.

In regards to my daughter's visa, I was concerned that since she was born in China and has a Chinese birth certificate that there would be a different process, but it sounds like we'll just go for the regular L Visa and bring her exit permit as proof that she left China lawfully.

Thanks as always!

#6 dnoblett

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Posted 14 September 2016 - 06:28 AM

Only extra recommended document if greencard has a married name and passport has maiden name, which is sometimes the case for those married in the states, is to carry a copy of marriage certificate to show how name changed.

She is not immigrating a second time, just reentering from a trip abroad, in most ports of entry she will use the citizen and residents line avoiding the long immigrants and visitors lines.

#7 newacct

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Posted 14 September 2016 - 03:24 PM

 

Technically, according to Chinese law, your daughter is a Chinese citizen too, and should get a Chinese "Travel Document" (which identifies the bearer as a Chinese citizen) from a Chinese consulate to enter and exit China. However, the policies for Chinese Travel Document have been shifting back and forth in recent years and vary between consulates, so it might be best to fill out both applications for Chinese visa and Chinese Travel Document and see which one they take.

 

 

China does not recognize dual citizenship. British citizens are handled differently, which may be the source of your "Travel Document" rumor. A British citizen born in China may be required to return to China and explicitly rescind their Chinese citizenship before they can be issued a visa in their BRITISH passport.

 

When you apply for your daughter's Chinese visa in her American passport, you may need to show the exit visa that was used when she left China.

 

 

China "not recognizing that Chinese citizens possess dual nationality" means that if someone really possesses Chinese nationality and a foreign nationality at the same time (according to each country's respective laws), China only recognizes the person's Chinese nationality, and does not recognize the person's foreign nationality.

 

As a Chinese citizen, the OP's daughter should not be issued a Chinese visa.



#8 dnoblett

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Posted 14 September 2016 - 05:09 PM

China "not recognizing that Chinese citizens possess dual nationality" means that if someone really possesses Chinese nationality and a foreign nationality at the same time (according to each country's respective laws), China only recognizes the person's Chinese nationality, and does not recognize the person's foreign nationality.
 
As a Chinese citizen, the OP's daughter should not be issued a Chinese visa.


That's interesting.

  1. My wife naturalized 4 years ago, does this mean that China does not recognize that she is a U.S. Citizen?  And how would she be able to and from China now that she does not have a green-card and a valid visa in her Chinese passport?
  2. The OP's child does not have a chinese passport and a US green-card for which could travel into and back out of China, their only option is for them to get a Chinese Visa in her U.S. Passport.


#9 jonathantwu

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Posted 14 September 2016 - 06:58 PM

 

China "not recognizing that Chinese citizens possess dual nationality" means that if someone really possesses Chinese nationality and a foreign nationality at the same time (according to each country's respective laws), China only recognizes the person's Chinese nationality, and does not recognize the person's foreign nationality.
 
As a Chinese citizen, the OP's daughter should not be issued a Chinese visa.


That's interesting.

  1. My wife naturalized 4 years ago, does this mean that China does not recognize that she is a U.S. Citizen?  And how would she be able to and from China now that she does not have a green-card and a valid visa in her Chinese passport?
  2. The OP's child does not have a chinese passport and a US green-card for which could travel into and back out of China, their only option is for them to get a Chinese Visa in her U.S. Passport.

 

 

She is going to apply a visa to visit China and upon application, her old passport will be void.  No dual for Chinese.



#10 Randy W

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Posted 14 September 2016 - 07:00 PM

 

 

Technically, according to Chinese law, your daughter is a Chinese citizen too, and should get a Chinese "Travel Document" (which identifies the bearer as a Chinese citizen) from a Chinese consulate to enter and exit China. However, the policies for Chinese Travel Document have been shifting back and forth in recent years and vary between consulates, so it might be best to fill out both applications for Chinese visa and Chinese Travel Document and see which one they take.

 

 

China does not recognize dual citizenship. British citizens are handled differently, which may be the source of your "Travel Document" rumor. A British citizen born in China may be required to return to China and explicitly rescind their Chinese citizenship before they can be issued a visa in their BRITISH passport.

 

When you apply for your daughter's Chinese visa in her American passport, you may need to show the exit visa that was used when she left China.

 

 

China "not recognizing that Chinese citizens possess dual nationality" means that if someone really possesses Chinese nationality and a foreign nationality at the same time (according to each country's respective laws), China only recognizes the person's Chinese nationality, and does not recognize the person's foreign nationality.

 

As a Chinese citizen, the OP's daughter should not be issued a Chinese visa.

 

 

 

You have your own interpretation of Chinese laws - it does not hold sway with the Chinese.



#11 newacct

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Posted 15 September 2016 - 12:50 AM

 

 

 

Technically, according to Chinese law, your daughter is a Chinese citizen too, and should get a Chinese "Travel Document" (which identifies the bearer as a Chinese citizen) from a Chinese consulate to enter and exit China. However, the policies for Chinese Travel Document have been shifting back and forth in recent years and vary between consulates, so it might be best to fill out both applications for Chinese visa and Chinese Travel Document and see which one they take.

 

 

China does not recognize dual citizenship. British citizens are handled differently, which may be the source of your "Travel Document" rumor. A British citizen born in China may be required to return to China and explicitly rescind their Chinese citizenship before they can be issued a visa in their BRITISH passport.

 

When you apply for your daughter's Chinese visa in her American passport, you may need to show the exit visa that was used when she left China.

 

 

China "not recognizing that Chinese citizens possess dual nationality" means that if someone really possesses Chinese nationality and a foreign nationality at the same time (according to each country's respective laws), China only recognizes the person's Chinese nationality, and does not recognize the person's foreign nationality.

 

As a Chinese citizen, the OP's daughter should not be issued a Chinese visa.

 

 

 

You have your own interpretation of Chinese laws - it does not hold sway with the Chinese.

 

First, it's the only way to read the plain text of the law. And second, it's the same way that it is interpreted by the Chinese government.


Edited by newacct, 15 September 2016 - 12:50 AM.


#12 Randy W

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Posted 15 September 2016 - 05:33 AM

 

 

China "not recognizing that Chinese citizens possess dual nationality" means that if someone really possesses Chinese nationality and a foreign nationality at the same time (according to each country's respective laws), China only recognizes the person's Chinese nationality, and does not recognize the person's foreign nationality.
 
As a Chinese citizen, the OP's daughter should not be issued a Chinese visa.

 
 
You have your own interpretation of Chinese laws - it does not hold sway with the Chinese.

 

First, it's the only way to read the plain text of the law. And second, it's the same way that it is interpreted by the Chinese government.

 

 
 
Search the forum for the term "pro forma visa" to find out how that was dealt with in the past. This family did not have any issues when they applied for the exit visa using the child's American passport, so the pro forma visa was unnecessary.
 
The word from the consulate in 2006 - http://candleforlove...china/?p=216436
 
 
 

For a child who has both a US and a Chinese passport, if it is the first time for the child to exit China, they will need to come to the Consulate's American Citizen Services Unit (ACS) to make arrangements for a "pro forma" visa. If the child has already been to the US and is now traveling to China, the child should use the US passport when entering and exiting China.


Edited by Randy W, 15 September 2016 - 06:27 AM.


#13 ferg9

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Posted 21 September 2016 - 12:48 AM

I just want to add that we spoke to an agent at a visa service within a Chinese grocery store here in California. The agent said that because our child is under the age of two, she won't be able to get a normal tourist visa and will have to get something she called a "travel document" instead. She said we could only get that at the embassy and not through their service. I haven't found the info about what that document may be or what I will need to apply for one yet, so if anyone has knowledge to share please do!

#14 Randy W

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Posted 21 September 2016 - 01:19 AM

I just want to add that we spoke to an agent at a visa service within a Chinese grocery store here in California. The agent said that because our child is under the age of two, she won't be able to get a normal tourist visa and will have to get something she called a "travel document" instead. She said we could only get that at the embassy and not through their service. I haven't found the info about what that document may be or what I will need to apply for one yet, so if anyone has knowledge to share please do!

 

Check with another visa service, or, better yet, go to the consulate yourself. Ask for the visa. We have not heard of an American citizen (w/passport) being required to purchase a travel document instead of a visa. Be sure to show them the exit visa used when she exited China.

 

A travel document would be a separate document or card issued by the Chinese authorities to allow Entry and/or Exit.

 

The travel document was discussed earlier in this thread. IF the consulate requires you to get a travel document instead of a visa, you would apply for it there. But make sure you know how you will get your daughter out of China. With a travel document, you may need a new exit visa from the PSB.


Edited by Randy W, 21 September 2016 - 03:07 AM.


#15 Randy W

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Posted 21 September 2016 - 03:33 AM

Just for some fun reading material, here's a story from a Canadian citizen about what they went through to get a residence permit in their child's Canadian passport. As he concludes, all they really needed was an exit permit, and a trip to Hong Kong, which got them an entry stamp in his Canadian passport.

 

A terrible guide to renouncing a child’s Chinese citizenship

Just a quick update: After posting this, I received some feedback from others in similar situations and instead of renouncing citizenship they simply obtained an exit permit — a little blue book that works in lieu of a passport for a Chinese citizen with a foreign passport to get out of China — returned to their home country, and got a family visa at the embassy in their home country (the country of the child’s non-Chinese passport). 

 

 





Also tagged with one or more of these keywords: China Visa, pro forma visa, Exit visa

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