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Hello Everyone!

I have been hiding on the boards for awhile am touched by how supportive this community is! I'm hoping that one day I can also be knowledgable and helpful.

I've seen a couple posts about the police certificate, but am wondering if anyone has any input on my current situation.

I am a US citizen in China on an X visa (with residence permit). I qualify for DCF, so that is great. We are filing our petition this Thursday. Though we haven't been approved yet, I am looking ahead at paperwork, because I know that it can be difficult here.

The question is this:

My husband is a Swedish national, and has been in China off and on for the past 7 years. He has had every kind of visa you can get (F, L, M, Z). I can figure out how to get a police certificate for periods when he was on a Z-visa and work permit, but I am not sure what to do about times when he has been on an F/M visa, as he has been for the past two years.

According to the State department, the certificate cannot be issued to someone on an F visa, so what should I do? Has anyone run into this?

Thanks!


2015.04.25 Married in Hangzhou, China

2015.05.14 I-130 filed at consulate in Guangzhou, China

2015.05.28 NOA2

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~duplicate thread removed~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

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Hello Everyone!

I have been hiding on the boards for awhile am touched by how supportive this community is! I'm hoping that one day I can also be knowledgable and helpful.

I've seen a couple posts about the police certificate, but am wondering if anyone has any input on my current situation.

I am a US citizen in China on an X visa (with residence permit). I qualify for DCF, so that is great. We are filing our petition this Thursday. Though we haven't been approved yet, I am looking ahead at paperwork, because I know that it can be difficult here.

The question is this:

My husband is a Swedish national, and has been in China off and on for the past 7 years. He has had every kind of visa you can get (F, L, M, Z). I can figure out how to get a police certificate for periods when he was on a Z-visa and work permit, but I am not sure what to do about times when he has been on an F/M visa, as he has been for the past two years.

According to the State department, the certificate cannot be issued to someone on an F visa, so what should I do? Has anyone run into this?

Thanks!

Sorry to answer with a question but are you saying that the US State Department says a person on a Chinese F visa can't get a police certificate?

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No worries,

This is what I pulled from the State Department: (http://travel.state.gov/content/visas/english/fees/reciprocity-by-country/CH.html#policerecords-6)

"Generally available, reliable. Persons should apply for a certificate of no criminal record at the local Public Security Bureau (PSB) (or certain types of employers such as state owned enterprises), then make application to the notary office for a certificate based on the PSB document. Persons without a criminal record will be able to obtain a certificate to that effect. Certificates for individuals with one or more criminal convictions will list all convictions for which records still exist. The certificates purport to reflect all criminal convictions during residence in China. Police records are generally not available for the period prior to 1949. Certificates are available for those in the J-1, Z, and X categories. The GOC does not issue police records for temporary residents of China in L or F visa categories."


2015.04.25 Married in Hangzhou, China

2015.05.14 I-130 filed at consulate in Guangzhou, China

2015.05.28 NOA2

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If US government already confirms that you can't get police records for L or F visa stays in China,

then I wouldn't worry about them. However, you might want to explain that in the attached letter

along with the link to that site.

That said, the local Chinese government may still issue the police record...who knows.

So I would just try to get them all, and should they reject those L or F visa stays,

then oh well...US government already knows it's not possible.


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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You've done your homework. My guess is that if they (DOS) are aware that the PSB won't issue a document for that visa category they would consider it "unobtainable". Check this section of the FAM.

My suggestion would be to obtain if for the period(s) you can and then provide a statement for the period(s) it's not available. If you live near one of the embassies you could make an ACS appointment and ask a CO.

A member here on VJ named pushbrk is the guy I would ask for a more detailed answer. You might try a PM to him.

Are you filing in BJ or GZ?

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Thanks for the advice!

We live in HZ, filing in GZ tomorrow!

(crossing fingers for a smooth first step)

Just curious why you would file in Guangzhou? Hangzhou is in Shanghai's consular district so I would think that you would file in Beijing, no?

http://shanghai.usembassy-china.org.cn/visas/immigrant-visa.html

Unfortunately, the American Citizen Services (ACS) unit in Shanghai cannot collect petitioners’ Form I-130 or filing fee. However, American citizens residing in Shanghai’s consular district for six months or longer can pay the filing fee and submit their petition to theUSCIS field office in Beijing on the day of their appointment.

USCIS Beijing

Americans living in China but outside Guangdong, Hainan, Fujian, and Guangxi provinces should contact the USCIS field office in Beijing to schedule an appointment:

U.S. Citizenship and Immigration Services

U.S. Embassy Beijing

55 Anjia Lou Road

Beijing, China, 100600

Phone: (010) 8529-6740

Email: DHSBeijing-CIS@dhs.gov

Website: http://beijing.usembassy-china.org.cn/homeland_security.htmland here

USCIS Guangzhou

Americans living in Guangdong, Hainan, Fujian, and Guangxi should contact the USCIS office in Guangzhou regarding the petition submission process:

U.S. Citizenship and Immigration Services

5th floor, 2nd annex of Tianyu Garden

136-142, Linhe Zhong Road

Guangzhou, China, 510133

Phone: (86-20) 8518-7651

Email: cis-guangzhou.inquiries@dhs.gov

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Yes, that was my initial thought as well, but Beijing and Guangzhou confirmed that the information that you copied above (from the SH website, correct?) is out of date.

Frustrating especially because my flight this morning was so delayed that I missed my appointment. Now I am trying to go again next week, hoping for better results.


2015.04.25 Married in Hangzhou, China

2015.05.14 I-130 filed at consulate in Guangzhou, China

2015.05.28 NOA2

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So my husband just got back from Shanghai yesterday to ask for his police certificate at the Changning Public Notary. He said that he was able to persuade them into giving him a certificate for a period just over a year when he was on a work permit (but initially they didn't want to issue it because they needed an affidavit from his company stating that they didn't think he had committed any crimes). He couldn't get such a document because the company dissolved several years ago. Anyway, they were able to do it with his employment contract, work permit, and residence permit, old passport, and new passport. 2 weeks, 400 kuai.

Interesting to note that they said a certificate could also be issued for time when he was on an F visa (which is contrary to what the State Department acknowledges). The Shanghai Changning Notary said that he could get such a document at the notary for the city where he entered. In this case, he has been on an F visa for the past year, entering at Hangzhou, so they told him to go there and HZ would issue the police certificate. However, I asked the Hangzhou Notary to issue him one several months ago, and they said they couldn't do it for people on F visas. Moral of the story: the system is not unified, and it seems like nobody really knows what is going on. Not really shocking, I guess.


2015.04.25 Married in Hangzhou, China

2015.05.14 I-130 filed at consulate in Guangzhou, China

2015.05.28 NOA2

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So my husband just got back from Shanghai yesterday to ask for his police certificate at the Changning Public Notary. He said that he was able to persuade them into giving him a certificate for a period just over a year when he was on a work permit (but initially they didn't want to issue it because they needed an affidavit from his company stating that they didn't think he had committed any crimes). He couldn't get such a document because the company dissolved several years ago. Anyway, they were able to do it with his employment contract, work permit, and residence permit, old passport, and new passport. 2 weeks, 400 kuai.

Interesting to note that they said a certificate could also be issued for time when he was on an F visa (which is contrary to what the State Department acknowledges). The Shanghai Changning Notary said that he could get such a document at the notary for the city where he entered. In this case, he has been on an F visa for the past year, entering at Hangzhou, so they told him to go there and HZ would issue the police certificate. However, I asked the Hangzhou Notary to issue him one several months ago, and they said they couldn't do it for people on F visas. Moral of the story: the system is not unified, and it seems like nobody really knows what is going on. Not really shocking, I guess.

I would suspect that a police certificate covering any of the time in China would be good enough. While this is a worldwide requirement, the fact that your husband is presently in China is proof enough that he hasn't committed any crimes the Chinese authorities know about since he likely would nave been kicked out of the country if he had. Good Luck.

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