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Mitch0526

US and Chinese Citizen's Children

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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?

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automatically chinese, so says China.

Want otherwise?

1. get CRBA and USA passport

2. get exit stamp in USA passport.


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use search tool here, advanced search tool !

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


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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Why are you filing for a K1?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.

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Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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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 by newacct

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


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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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.

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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 by leishi

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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.

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