US and Chinese Citizen's Children

[Mitch0526 1]

I am going to marry a Chinese national in the Fall. We will be living in China and hopefully have children together. We plan on making yearly visits to the US, but will not have residency or a Green Card or anything there.

My question is, would our children automatically become Chinese or American citizens?

What then would be the process of bringing them to the US. Would we have to get a tourist visa for my wife and children each time?

[Darnell 8,478]

automatically chinese, so says China.

Want otherwise?

1. get CRBA and USA passport

2. get exit stamp in USA passport.

[Mitch0526 1]

Ok, thank you. I couldn't find any information about the CRBA that is relative to my situation.

[Darnell 8,478]

use search tool here, advanced search tool !

don't see it? come back on a PC, try again.

[Mitch0526 1]

Ok, thanks. I found a little information on some forums through the advanced search took, but not completely what I was looking for. I was looking more for a guide or information page but couldn't find that.

[Boiler 43,397]

Why are you filing for a K1?

[Mitch0526 1]

Well, we realized we made a mistake. Our original goal was to go to the States to get married under this visa and then return to China immediately to continue my job. We also wanted to get her residency, so that she could move to the States in the future in the case of an emergency.

Now we realize we can't get her residency this way. We are trying to see if we should continue this process or not. We are just looking for the best way for her to go meet my family and friends this summer before our wedding in China in September.

[Darnell 8,478]

http://www.visajourney.com/forums/forum/154-consular-reports-of-birth-abroad-crba/

It's really not 'that' buried.

[newacct 688]

I am going to marry a Chinese national in the Fall. We will be living in China and hopefully have children together. We plan on making yearly visits to the US, but will not have residency or a Green Card or anything there.

My question is, would our children automatically become Chinese or American citizens?

What then would be the process of bringing them to the US. Would we have to get a tourist visa for my wife and children each time?

Your child is automatically a Chinese and an U.S. citizen at birth.

Your child is automatically a Chinese citizen at birth due to Article 4 of the Nationality Law of the People's Republic of China, since the child is born in China and at least one parent is a Chinese citizen.

Your child is automatically a U.S. citizen at birth if you meet the presence requirements to transmit citizenship (5 years presence in the U.S., 2 after the age of 14). You should get a CRBA.

However, if the child needs to leave China and go to the U.S., then they will need to apply for an exit permit in order to get through the exit controls, since there won't be a U.S. visa in their Chinese passport. If they go to a third country with a visa then this is not necessary.

You say you plan on living in China and having "children" together. Note that China still has a One Child policy.

Edited April 30, 2013 by newacct

[Boiler 43,397]

K1 may be the only realistic method to visit the US.

[Darnell 8,478]

yup - I've mentioned that to him, but there's a lot of noise about it.

[apple21 953]

Well, we realized we made a mistake. Our original goal was to go to the States to get married under this visa and then return to China immediately to continue my job. We also wanted to get her residency, so that she could move to the States in the future in the case of an emergency.

Now we realize we can't get her residency this way. We are trying to see if we should continue this process or not. We are just looking for the best way for her to go meet my family and friends this summer before our wedding in China in September.

Since you don't have plans of living permanently in the US, your wife should apply for a tourist (B2) visa.

[Mitch0526 1]

We are already deep into the process for the K-1 Visa. I think it would hurt us to drop out at this point.

[leishi 11]

Your child is automatically a Chinese and an U.S. citizen at birth.

Your child is automatically a Chinese citizen at birth due to Article 4 of the Nationality Law of the People's Republic of China, since the child is born in China and at least one parent is a Chinese citizen.

Your child is automatically a U.S. citizen at birth if you meet the presence requirements to transmit citizenship (5 years presence in the U.S., 2 after the age of 14). You should get a CRBA.

However, if the child needs to leave China and go to the U.S., then they will need to apply for an exit permit in order to get through the exit controls, since there won't be a U.S. visa in their Chinese passport. If they go to a third country with a visa then this is not necessary.

You say you plan on living in China and having "children" together. Note that China still has a One Child policy.

The one child policy wouldn't apply to them, unless they want to have more than one child with chinese citizenship, then it would apply to them.

Edited May 2, 2013 by leishi

[newacct 688]

The one child policy wouldn't apply to them, unless they want to have more than one child with chinese citizenship, then it would apply to them.

Until the OP's spouse gets a U.S. green card, all of their children will automatically have Chinese (and American) citizenship at birth, no matter where they're born, according to the law. Of course, if they don't get a hukou for their additional children, then it would probably be okay.