Question about Chinese Police Checks

[rippley5150]

Hello

I am a Canadian citizen living in China. I married an American last year. I went to the consulate in Guangzhou for my spousal visa interview and the visa officer requested police clearance checks for my entire time in China. I have lived in China off and on for 13 years.

I have been doing some research and what I have found is that in order to get police checks from the cites I've worked in I would need to have my passport with my Chinese visas and the entry and exit stamps. I first came to China in 2003 and am no longer in possession of that passport as I did not have it returned to me from the passport office in Canada.

 

Some of the companies that can obtain police checks have told that it will not be possible to get the record checks. I have also read that the PSB or police stations will not issue any sort of documentation stating that they will not provide the record checks.

 

If I am unable to get the record checks and by all accounts it seems that I won't or any other sort of documentation, what would my next course of action be? I am in the process of talking to an immigration lawyer in Beijing.

 

I am saving all communication between the companies I've emailed but I am not sure if that will be enough to satisfy the requirements at the consulate. The visa officer said they wanted to see real evidence of an attempt to get the record checks.

 

Has anybody else experienced this type of scenario?

 

Thank you for your time.

 

[dnoblett]

This one may be useful. http://candleforlove.com/forums/topic/43709-obtaining-police-certificate-for-foreigners-how-to/

 

My understanding is one report from your current local office should cover all of China, if they say no criminal record this should be all.

[Randy W]

This one may be useful. http://candleforlove.com/forums/topic/43709-obtaining-police-certificate-for-foreigners-how-to/

 

My understanding is one report from your current local office should cover all of China, if they say no criminal record this should be all.

 

 

The police reports for foreigners are issued through employers in conjunction with the PSB typically cover only that situation.

 

Document who you talked to (w/names, if possible), and turn this in to the consulate.

 

Put out a REASONABLE effort to get what you need, document what you do, who you talk to, and what is said, and let it go at that, The Consulate doesn't DEMAND the impossible, although you may need to convince them that it IS impossible

 

See http://candleforlove.com/forums/topic/48785-police-criminal-record-report-process-is-broken/

[Randy W]

The Consulate MAY ask for more than one if you lived AND worked in more than one place - see the two links already posted in this thread.

 

If you HAVE, it's in your own best interest to TRY and DOCUMENT your efforts to get a police report from each job.

[rippley5150]

Thank you for your replies.

I was able to get the police check from Beijing without too many problems.

It only covers Beijing.

In your opinion, what would REASONABLE effort be?

I am documenting everything and am in talks with an immigration lawyer in Beijing.

 

Thank you for your time.

[Randy W]

Thank you for your replies.

I was able to get the police check from Beijing without too many problems.

It only covers Beijing.

In your opinion, what would REASONABLE effort be?

I am documenting everything and am in talks with an immigration lawyer in Beijing.

 

Thank you for your time.

 

 

You GOT the police certificate, no ??!? That is, by definition, a REASONABLE EFFORT. DOCUMENTING the "reasonable effort" is only necessary to explain to the consulate why you were UNABLE to get a police certificate - include names (if known), locations, dates, what was asked for, and what was the response.

Edited February 19, 2017 by Randy W (see edit history)

[rippley5150]

I had a lawyer type a declaration stating that the police checks were unobtainable in the previous cities that I lived in. I sent in the requested original tax forms from my wife and her father is co sponsor. I received my passport and a white paper asking for the police checks from my entire time in China.

 

Does any one know if it is possible to actually speak with a visa officer?

I sent an email back to the consulate in GZ and they replied with a please send the requested documents. They are unobtainable lol

 

Any suggestions or thoughts would be great.

 

Thank you for your time.

[Randy W]

I had a lawyer type a declaration stating that the police checks were unobtainable in the previous cities that I lived in. I sent in the requested original tax forms from my wife and her father is co sponsor. I received my passport and a white paper asking for the police checks from my entire time in China.

 

Does any one know if it is possible to actually speak with a visa officer?

I sent an email back to the consulate in GZ and they replied with a please send the requested documents. They are unobtainable lol

 

Any suggestions or thoughts would be great.

 

Thank you for your time.

 

You already have. What evidence have you submitted to show that you made a reasonable effort and were unable to obtain them? How would your lawyer know whether they were obtainable?

 

You should have names, dates, contact information, and responses received for every inquiry you made to the PSB.

 

You MAY be able to speak to an officer through the American Citizen Services on the second floor of the consulate. I'm not sure, however, that they would be able to discuss an individual case with you.

 

There is not much you CAN do, except to respond with what you have. Keep hammering with NEW information when possible.

 

Like I've said, The Consulate doesn't DEMAND the impossible, although you may need to convince them that it IS impossible. Said to say, but you're on your own there! Wish we had better advice for you, but it's really up to them (and you), unfortunately.

Edited May 16, 2017 by Randy W (see edit history)

[Randy W]

Just to toss something else out there - would it be possible for you to return to Canada and apply from there?

 

If you took this approach, I have no idea if it would be better to let this application die and file a new petition, or to have this one transferred to a US consulate in Canada. Just a thought.

 

Perhaps a consultation with Marc Ellis, a lawyer who knows the Guangzhou consulate, could help - see http://www.marcellislaw.com/

Edited May 16, 2017 by Randy W (see edit history)