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Fstop

Unobtainable police certificate

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Another update:

 

Our friend of a friend went to the local notary office in Changchun and was refused (we sort of expected this). Today she went to the PSB with all the documents - power of attorney, passport pages, etc. She was told no - they wouldn't even look at all the documents she had. They informed her that my former employer (an international school) needed to do it, even though my wife was not an employee there. She is now going to contact them and see if they will help (I've had no luck in persuading them so far). 

 

If this doesn't work I have no idea what we're going to do, because right now all I have are emails from people who have failed to get this document as well as a letter from my former employer saying that it's impossible to obtain. 

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Filed: IR-1/CR-1 Visa Country: Russia
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On 7/26/2021 at 5:59 PM, Fstop said:

Another update:

 

Our friend of a friend went to the local notary office in Changchun and was refused (we sort of expected this). Today she went to the PSB with all the documents - power of attorney, passport pages, etc. She was told no - they wouldn't even look at all the documents she had. They informed her that my former employer (an international school) needed to do it, even though my wife was not an employee there. She is now going to contact them and see if they will help (I've had no luck in persuading them so far). 

 

If this doesn't work I have no idea what we're going to do, because right now all I have are emails from people who have failed to get this document as well as a letter from my former employer saying that it's impossible to obtain. 

Hi! How are the things going? any good news about this? 

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Filed: IR-1/CR-1 Visa Country: China
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To get a police record you will need all of your residents permits for the entirety of your time in China.  Without those, you won't be able to get one. 

 

My wife who is a foreigner and we live and work in China, she lost her passport and had to get a new one.  When we got the criminal check for China, we could only get the check for the residents permits we had in her new passport.  They (NVC) approved our documents and our interview is at the end of the month. 

 

That service that has been mentioned in this thread, send them your scans of all your residents permits and they will be able to get it done for you.  If you don't have them, you can't get a criminal check.

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Unfortunately it doesn't work that way in Changchun. No third party can obtain the criminal record check - just my former employer or if my wife traveled back to China herself. I have confirmed this with an agency and a lawyer. 

 

We have the resident permits that were put into her passport along with the passport stamps. We do not have the temporary residence form, however. I explained this in a letter to the NVC and they approved it, but that didn't matter to the consular officer, since the criminal record check from China is listed as "available" by the state department. 

 

My former employer was supposed to go to the PSB with all of the documents on Friday but we have not heard back yet; I'm going to call first thing on Monday. 

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Filed: Timeline

Just a note to clarify sonething that can lead to confusion.  NVC does not approve documents that are submitted; they have no role in determining if documents meets all requurements or not.  They basically only serve a clerical function for document collection, to ensure that all required forms are completed and something is submitted for each required document.  For official documents needed (e.g., birth, marriage, divorce, or death certificates), they do check to see that the document is the correct type, issuued by the correct authority.  When something like a letter saying it is not possible to get a specific document is submitted, they basically "accept" that this is what you are submitting in lieu of the required document.  This allows your case to move forward to the embassy/consulate for interview, where the consular officer determines, as part of the adjudication process, whether all the documents submitted meet the legal requirements.

Edited by jan22
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On 8/7/2021 at 12:50 AM, Fstop said:

Unfortunately it doesn't work that way in Changchun. No third party can obtain the criminal record check - just my former employer or if my wife traveled back to China herself. I have confirmed this with an agency and a lawyer. 

 

We have the resident permits that were put into her passport along with the passport stamps. We do not have the temporary residence form, however. I explained this in a letter to the NVC and they approved it, but that didn't matter to the consular officer, since the criminal record check from China is listed as "available" by the state department. 

 

My former employer was supposed to go to the PSB with all of the documents on Friday but we have not heard back yet; I'm going to call first thing on Monday. 

How long were you in China for? My fiancée did two 4 month stints and the university also did not give her any documentation. We also reached out to the same law firm and it’s taking them a while. Very worried we will have everything except this documentation. 

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We were in China just under 2 years. My wife was there for a few months on tourist visas before the resident permit was issued so about 18 months total but not more than 6 months continuous (if that makes sense). The embassy didn't care - she was there for more than a year in total so we need the document. 

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Okay, so my previous employer applied for my wife's police certificate today. They said it will take about 2 weeks, and then a few more days for the notary and translation. That is, if the police can find her record. If they cannot find her record, I just hope that they can give us a document saying as much. So yet another wait begins...

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Filed: IR-1/CR-1 Visa Country: Russia
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24 minutes ago, Fstop said:

Okay, so my previous employer applied for my wife's police certificate today. They said it will take about 2 weeks, and then a few more days for the notary and translation. That is, if the police can find her record. If they cannot find her record, I just hope that they can give us a document saying as much. So yet another wait begins...

Finally!!! Goods news! Why could not they do it earlier, ugh. On the other hand, its good that they finally agreed to help. Good luck!

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Strike my previous post. My previous employer didn't apply for it after all and I have no idea why. They seem to be giving me the runaround. Promised to apply for it last week but when I called to confirm they said they would do it this week. I called again today...didn't happen. 

 

Again, I'm  not sure what to do and it all seems rather hopeless. 

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  • 3 weeks later...
Filed: IR-1/CR-1 Visa Country: Russia
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On 8/20/2021 at 2:33 PM, Fstop said:

Strike my previous post. My previous employer didn't apply for it after all and I have no idea why. They seem to be giving me the runaround. Promised to apply for it last week but when I called to confirm they said they would do it this week. I called again today...didn't happen. 

 

Again, I'm  not sure what to do and it all seems rather hopeless. 

Hi! Any updated on it? Has your previous employer finally applied for the police clearance?

I was thinking if they wont help maybe its a good idea to bring in the lawyer to deal with this situation. Its ridiculous that because of this stupid little paper they deny immigration for your wife.

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Yes, there has been some progress. Her visa has been issued and she (along with our youngest daughter) will arrive in the US next week! This took some serious maneuvering from some higher ups and with some embassy officials calling the US embassy in Bangkok and explaining how things work (or don't work) in China. But after some serious networking, her visa was finally granted. I'm sorry that I can't be any more specific than that - I don't want to get anyone in trouble!

 

We are still working on getting the Chinese police clearance, however. The police keep asking for more documents. Because we were married during our stay in China (nearly 10 years ago) and she changed her name (taking my last name), the police wanted name change documents and these of course needed to be translated into Chinese. The police should have everything now; we are just waiting now for the clearance to be issued. 

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Filed: IR-1/CR-1 Visa Country: Russia
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5 hours ago, Fstop said:

Yes, there has been some progress. Her visa has been issued and she (along with our youngest daughter) will arrive in the US next week! This took some serious maneuvering from some higher ups and with some embassy officials calling the US embassy in Bangkok and explaining how things work (or don't work) in China. But after some serious networking, her visa was finally granted. I'm sorry that I can't be any more specific than that - I don't want to get anyone in trouble!

 

We are still working on getting the Chinese police clearance, however. The police keep asking for more documents. Because we were married during our stay in China (nearly 10 years ago) and she changed her name (taking my last name), the police wanted name change documents and these of course needed to be translated into Chinese. The police should have everything now; we are just waiting now for the clearance to be issued. 

Oh wow congratulations! Its a very good news! Its ok, no need to be more specific.

 

But I don't understand, if her visa was granted, why still need police clearance? and how are you getting it if you aren't in China and your ex-employer did not want to help?

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Filed: IR-1/CR-1 Visa Country: Russia
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42 minutes ago, Fstop said:

When it was granted I had already paid all the fees to obtain it, so I figure why not go through with all of it and try and actually get it? You never know when we might need it!

Oh I see, makes sense. Can you please share how you end up getting the clearance? via whom? 

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