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American father Chinese mother having a baby in China

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ferg9 Rookie

ferg9   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: China
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Posted (edited)

Hi all. We're already in the process of getting the cr1 visa for my wife to come to the US. She is 7 months pregnant at the moment. I have questions regarding how to go about making the baby an American citizen.

I know that soon after the baby is born (this is my first on so correct me if I'm wrong but I think it will need a few weeks before it can make a trip to Guangzhou from Shenzhen) we must go to the US embassy and file the CRBA and apply for an American passport for the baby.

My questions are about getting the exit visa for the baby. I've heard sometimes these are rejected. Does anyone know why that happens, or what I can do to make sure it doesn't happen? I don't understand - when the baby is born is it considered a Chinese citizen automatically?

Any tips or info is appreciated, thanks!

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Penguin_ie Grand Master

Penguin_ie   5,984

Posted
Filed: Citizen (apr) Country: Ireland
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Posted

**** Moving from Bringing Family to China regional forum as the question is more about Chinese laws than US immigration *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Pitaya Grand Master

Pitaya   2,576

Posted
Filed: Lift. Cond. (apr) Country: China
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Posted

Welcome to the forum.

Take a look at this link about CRBA process (and FAQs) at the US consulate in Guangzhou: http://guangzhou.usembassy-china.org.cn/children-and-birth-abroad2.html

Good luck on your immigration journey.

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

"Si vis amari, ama" - Seneca

 

 

 

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SBB Enthusiast

SBB   74

Posted
Filed: Citizen (pnd) Country: China
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Posted

To be pendantic, you don't have to do anything to "make" your baby an American citizen. Your baby is an American citizen by virtue of the circumstances of his/her birth, the CBRA just documents this.

That having been said, the reason for these complications is that Chinese nationality law considers any child born in the PRC to at least one Chinese citizen to be a Chinese citizen and the PRC does not recognize or allow dual-citizenship.

07/14/2012: Eloped in Texas Hill Country
08/11/2012: Mailed I-130, I-485, and I-765 to Chicago Lockbox
08/13/2012: Package received by Chicago Lockbox
08/14/2012: Priority Date
08/17/2012: Notice of receipt sent
08/21/2012: Biometrics appointment notice sent
08/27/2012: Walk-in biometrics completed
09/19/2012: Interview scheduled for October 26
10/24/2012: EAD production ordered
10/26/2012: Interview in San Antonio. AOS approved!
11/5/2012: USCIS claims green card delivered, nothing in mailbox.
12/5/2012: Service request filed for non-delivered green card.
12/7/2012: Service request replied to (but not delivered).
1/4/2013: Filed I-90, paid another $450
1/24/2013: Biometrics again...
4/1/2013: First Green Card from November finally arrived...

4/22/2013: Replacement Green Card arrived.

8/9/2014: Filed I-751

8/14/2014: Received NOA for I-751

3/12/2015: ROC Approved!

7/18/2016: Sent in N-400 to Texas lockbox

7/21/2016: N-400 delivered

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Ryan H Grand Master

Ryan H   3,790

Posted
Filed: Lift. Cond. (apr) Country: China
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Posted

If you can't get the PSB to issue an exit permit, then contact the Consulate in Guangzhou and explain your situation, they will be able to issue a pro forma visa to the baby's Chinese Passport. You then exit China with the baby's Chinese Passport and enter the US with the baby's US Passport.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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