Chris and ZhiJia
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Posts posted by Chris and ZhiJia
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For note, we just finished this process, we had to get our state's department of state to notarize our US marriage certificate, we had to get the US State Department to Notarize it, as well as getting the Chinese Embassy in DC to notarize it. The process is finished, and we are now waiting for the final notarized document to be returned in the mail.
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For China, it's only 125% of the federal poverty level. The numbers you want to look at are listed here.
Sorry for the short response I'm on my phone right now.
And as C90 said. It's a general standard, and not country based.
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Having outstanding debt will not cause a visa denial, or prevent her from leaving the country, as long as her payments are current.
My wife currently owes $35,000 in debt on a home loan, which we are still paying together. She was able to receive her K-1, and leave the country with no issue, and is currently here in the US with me, and has received her Green Card.
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On 4/19/2017 at 10:56 PM, RandyW said:
The child is a dual citizen of both China and the U/S. Under Chinese law, his son IS a Chinese citizen. The Chinese Nationality Law does NOT allow dual citizenship, and so the Chinese authorities WON'T recognize his American passport, until his Chinese citizenship is renounced.
He was born in the U.S., but his mother had not yet "settled in a foreign country" - meaning she had not been awarded a green card. Under Article 5 of the Chinese Nationality Law, he IS a Chinese citizen.
100% this, we just went through this exact process. The Chinese government will not issue him a Visa until he applies for one and his mother shows her Entry Visa with Stamps, as well as her Green Card. If the Green Card is not presented when you apply for a Chinese Visa, they will flat out reject it, and you will be forced to apply for a Travel Document.
It is worth noting that if you cannot make a second trip to the Consulate, the current wait to receive a Travel document by mailing in the documents is approximately 30 days.
Now, here is the other important factor. Your son's plane ticket must be booked under his Chinese travel document, because they will not issue a ticket to a US passport holder, that does not have a registered Chinese Visa (yes they check). My Wife made this mistake and booked his ticket under his US passport, we had to spend 40 minutes at the counter while they redid his booking under his Chinese Travel Document (which is valid for 2 years and counts as a Chinese Passport).
Getting him a Chinese Visa is the most advisable way, but if his Mother's green card has not yet arrived in the mail, you have no other option but to get a Travel Document.
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Her Green Card arrived in the mail today. No more waiting and filing documents now until it comes time to ROC
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We got caught up in the whole family life stuff, so we stopped actively monitoring the Case status.
She checked her email today, and had a message from USCIS on 03-31-2017.
I-485 has been approved, Now we are just waiting for the card to be produced. We are very happy that we did not have to do an interview, everything has been such smooth sailing during this entire process.
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Status Update:
We reached out to the Embassy in DC to make an appointment, and we had a major major stroke of luck.
Within the past 1-2 years they started sending out a group of document processors to Lexington, KY (225 miles away from Nashville). They are there only once or twice a year, and we were fortunate enough that they were there Saturday, and Saturday only.
We made the Drive out to the designated location in Lexington, we spoke with the representatives in person, and they indicated that a Visa would not be issued until the Green Card is in hand, however they said they would issue a Travel Permit that would allow him to enter China, and upon entry, she could then start going through the paperwork to have an Exit permit issued.
They also provided a notarized slip from the Embassy that they "claim" should allow her to apply for the Exit permit without any push back from the Mainland government. This part is here nor there until she arrives.
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Why would they need to be here so your Wife could learn driving? Are they going to teach her to drive? There are instructors that you can hire to do this.
If they are here to watch your daughter while she learns to drive, you can hire a babysitter.
Either of these two reasons are immediate grounds for denial of entry. If they say they are entering for anything else, they are lying to immigration, which is a ban able offense.
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8 minutes ago, RandyW said:
Did you ask if it INCLUDES an exit visa to allow him to return to the U.S.?
I told her he was going to be going for a visit and returning to the US after a 2 month stay, that is when she said he needs a travel document.
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Ok, I just spoke with the Embassy. They stated that because she has not received Permanent Resident status yet, we must apply for a Travel Document in person.
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5 minutes ago, RandyW said:
The Travel Document is issued to Chinese citizens. If you can get an Entry AND Exit Travel Document (allowing the child to LEAVE at the end of the visit), then you are in good shape.
If not, your wife may need to go to the PSB in her home town and apply separately for the Exit Visa.
Chinese Nationality isn't simply lost - you may need to renounce it at the PSB in her home town. Again, though, that is usually done as part of the process of acquiring an Exit Visa. It seems to all hinge on how easily you can get an exit visa for the trip home.
I don't think we've heard of a case where a child is born BEFORE the mother adjusts status on the U.S., so you are blazing new territory there.
Pro-forma visas HAVE been issued in cases where the child was REQUIRED to get a Chinese passport.
This video is from an American citizen with a child born in China
What catches my eye in all this is this clause - "one of whose parents is a Chinese national and has settled abroad(obtained U.S Green Card), and who has acquired foreign nationality at birth". Under Chinese law, your wife DID NOT have a green card, and so the child DID NOT acquire foreign nationality at birth (under Chinese law).
Yeah, it's all a bit funky. I will keep you apprised of the situation based on how things go today. I have already started working with my boss to arranged time for a trip to the embassy, depending on how things go with the Agency. Of course, if we lived closer than 11 hours away from DC, we would definitely go in person to file the paperwork, but an 11 hour road trip that may result in a 1-2 day stay is not not feasible right now, and I have used the same Agency in the past to process my China visa, which went off without a hitch.
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2 hours ago, RandyW said:
Here is the Wikipedia version of China's Nationality Law
which seems to say that his American citizenship won't be recognized - he will be considered a Chinese citizen, possibly even AFTER she gets her green card (since she didn't have it at the time of birth). If that IS the case, you may need to renounce his Chinese citizenship.
Renouncing citizenship, for American citizens born in China to ONE Chinese parent, is part of the process of obtaining an exit visa (simply signing the paperwork involved in getting the exit visa).
I'm not sure how this will transpire in your case. An Entry AND Exit travel document would be nice, but make SURE his mother has his American passport. The American consulate in China can help with what is known as a "pro-forma" vistor's visa, if it comes to that.
From the China-Embassy.org website
QuoteThe Law also provides that a person whose parents are both Chinese nationals and have both settled abroad (obtained U.S Green Card), or one of whose parents is a Chinese national and has settled abroad(obtained U.S Green Card), and who has acquired foreign nationality at birth shall not have Chinese nationality. The child will be eligible for a Chinese visa. Below are the documents required for visa applications:
He is still eligible for the Travel Document until the Greencard is approved. However, once the greencard is approved, he loses his rights to his Chinese Nationality. Atleast that is my interpretation.
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Elkhorn, NE
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Yung Berg (do Artist names count, if not, then I need a different one)
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We just had a talk, and if they won't accept the documents as enough proof, we will get him a Travel Document, since her greencard has not been issued, he is still eligible for the Travel Document. Unfortunately, to get this, we will need to schedule time for a road trip.
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8 minutes ago, RandyW said:
If he was born in China, you will need to show his exit visa.
Again, though, proof of legal presence (your wife's) is what is required.
We sent his birth certificate from the hospital here in Tennessee where he was born. As well as a copy of his SSN, the only hold up is the wife, we are sending copies of our filing documents to show her status, because they either didn't look at the EAD card, or didn't care about it.
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14 minutes ago, RandyW said:
They need proof of legal presence - try the EAD, AP, and a copy of her K-1 visa.
That should be enough, but you are at the mercy of the person behind the counter. If you are using a visa service, don't. Go to the consulate yourself.
Your son was born in the U.S., correct?
Yes or son has his US passport. We provide them with a copy of her EAD, AP, and K1, they still asked for green card. We can't go to the consulate, it's 700 miles, and I don't have enough vacation time to take off to drive there.
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Erie, PA
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Yoko Ono
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So as the topic implies. We are in the process of trying to get a China Visa for our Son (8 months old). He currently has his US Passport. We have filed for my Wife's EAD, AP, and AOS.
EAD, and AP have both been granted, she has her EAD card with I-551 on the bottom.
AOS is still several months away before an interview is even scheduled.
We submitted the application for our Son's China Visa, and they immediately rejected it, saying we must provide a copy of my Wife's GreenCard, which we obviously won't have. We are just trying to arrange for our Son to travel back home with his mother to visit the other half of the family.
We are in the process of preparing copies of our AOS NOA1, as well as the EAD/AP NOA1's, and NOA2's. Can anyone else who has gone through this process provide any additional information?
Thank you,
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32 minutes ago, Hope&Love said:
Same city here. We live very close to Brentwood. Our date is 11/30, still waiting on EAD/AP
I venture forth to Nashville every once and awhile. In fact, this weekend we are going to eat breakfast at Pancake Pantry, before heading over to the Zoo.
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2 minutes ago, Rick & Apple said:
Look closely at the bottom of the card. Since you have approvals for both EAD and travel, it should say something about travel.
Good catch,
On the bottom it says Serves as I-512 Advance Parole
Thank you, time to call the wife.
Pros and cons of name change (China-specific)
in China
Posted
Just my input here. My Wife took on my last name when we got married 4 years ago, and since then has travelled back to China multiple times, as well as a recent 3 week trip to South America. Her Green Card is in her Married name, her Passport and Visa are in her Chinese name. She always keeps a copy of our Marriage Certificate with her, and has experienced no problems domestic, or abroad.
Everyone else's experiences will differ, but she has not experienced any problems. She even recently got a Travel Document (because her Passport was stolen), and then replaced her Passport. The were no problems, or delays due to the different names on the documents.