American father Chinese mother 3 year old son

[Arant44]

When my wife was in maturnaty leave i applied for a american visa in his chinese passort not understanding that he was a citizen without my consent thus forced to renounse when he turns 18, it was denied and for 3 years my mother who is almost 80 now wants me to bring him there but i dont understand how to do this, as i have his chinese passort i can not apply for some trip permit through china and america says he is a citizen who can not leave china to goto america i was told i could try to goto a 3rd country first then fly to america but his american passort wouldnt have a entry stamp i think, and now after all this time my wife isnt happy on my getting his American passort how can i do that without her consent and even if i do she refuses to let me take him with out her and she only gets 15 days a year vacation time, My name is Leon Arant and helpfull reply would be nice thank you

[Randy W]

Welcome to CFL.

There are two possibilities for your 3 year old son. One, which it sounds like you have already tried, is to get an exit permit from the China's PSB Entry & Exit Bureau. But you will need to show his American passport and may need to renounce his Chinese citizenship for this, if it is still possible to get the exit permit. This is the usual way for an American citizen child to be allowed to exit China. You may or may not want to try again - your choice.

The other possibility is to go to the American consulate and apply for what is known as a "pro-forma" visa - a Visitor's visa to be placed in the Chinese passport.

It is referred to as a 'pro-forma' visa because Visitor's visas are usually not issued to (nor are they needed for) American citizens with American passports. Exceptions are made for American citizens who otherwise might not be allowed to leave China.

The best procedure to follow might be to apply for the Visitor's visa through the ustraveldocs.com website https://www.ustraveldocs.com/cn/cn-niv-visaapply.asp. You will need to apply for the Visitor's visa, and INFORM them of the child's American passport, explaining that a "pro-forma" visa is required for the child to be allowed to leave the country. The ustraveldocs site will not know about the "pro-forma" visa, nor will they understand its purpose. Simply apply for the Visitor's visa, and inform the consulate of the child's status when you can.

If you have to go to the American consulate to apply for the visa, go to the American Citizen Services area.

This is a good topic about it on this site - Pro-Forma Visa to the US.

You'll see from reading that topic and others that it is not always straight forward as to what you might experience in applying. That is especially true now during the COVID pandemic. You can find other topics through links in that topic, or click on the "pro forma visa" tag at the top of this topic.

Good luck, and just roll with it as best you can.

Edited December 28, 2021 by Randy W (see edit history)

[Randy W]

While you are at the American consulate, you may wish to apply for a CRBA - Certified Record of Birth Abroad. This document is not required, but can serve as a translated birth certificate which also serves as proof of his American citizenship.

[Martin B]

6 hours ago, Arant44 said:

When my wife was in maturnaty leave i applied for a american visa in his chinese passort not understanding that he was a citizen without my consent thus forced to renounse when he turns 18, it was denied and for 3 years my mother who is almost 80 now wants me to bring him there but i dont understand how to do this, as i have his chinese passort i can not apply for some trip permit through china and america says he is a citizen who can not leave china to goto america i was told i could try to goto a 3rd country first then fly to america but his american passort wouldnt have a entry stamp i think, and now after all this time my wife isnt happy on my getting his American passort how can i do that without her consent and even if i do she refuses to let me take him with out her and she only gets 15 days a year vacation time, My name is Leon Arant and helpfull reply would be nice thank you

Randy covered the bases pretty well.

A couple minor points to add

• Be careful about going behind your wife's back or doing things without her consent when it comes to this type of stuff, you could be budding up against international kidnapping issues, in theory. With the current US/China relations I'd suggest doing things by the book whenever possible.
• Are you actually able to re-enter China as a non-citizen on your current visa with the COVID situation? Double check this. Also you'd be subject to a very lengthy/costly quarantine upon return either way. Oh, and the rules can change overnight potentially leaving you stranded with no recourse.

Sorry about the disagreement you and your wife are having, I don't have much to add on that front.

[newacct]

You can get a CRBA without the other parent's consent. But in general you cannot get a US passport for a child under 16 without the other parent's consent, unless you have sole custody or a court order allowing you to bring the child out of the country. Even if you got a passport for a child, you should not bring the child out of the country without the other parent's consent (again, unless you have full custody).

Edited December 28, 2021 by newacct (see edit history)

[Randy W]

5 hours ago, newacct said:

You can get a CRBA without the other parent's consent. But in general you cannot get a US passport for a child under 16 without the other parent's consent, unless you have sole custody or a court order allowing you to bring the child out of the country. Even if you got a passport for a child, you should not bring the child out of the country without the other parent's consent (again, unless you have full custody).

I am assuming from what he said that they are still married and simply need to agree on any travel arrangements.

[Arant44]

I didnt expect this much trouble to bring my son there as my wife agrred before, then the consulent disagree  , as i came here wishing my son to not live in a gun violence country but i am getting support now, this what i got 3 years ago i suffer from ADHD and its complicated beyond words even memory supresstion from hypnotist as a ward of california was used,  i litterally just oppend the post now, in recednt times i was hit with if i dont act like a man i will be takin out of a mulit million dollar T fund, They want me to take him to america it seems i need a attorney to talk to, but only to visit i respect this country that lost a war as Japan occupied and slaughted so many in   Nanjing, it sadens me how they where backed into Russia as a ally, i have the CRBA it was sealed for 3 years,

i opened it now for the first time, dont want to divorce i just want to have my son visit america, my wife refuses for me to take him alone, and my mother is 79 years old soon, in March 11th, it is a story i am telling, i feel alone and sad when my son looks at me 

Edited December 30, 2021 by Arant44 (see edit history)