Marriage Visa Questions

[yialanliu]

Hi guys, I am currently engaged and am getting married next January 2013 so wondering if anyone knows the policy for marriage visas in China.

Because China doesn't have an immigration policy, how does the marriage work in the China?

Will I be able to work in China with the visa,, transferring from a possible Z visa that I am getting soon.

Next, if I am going to get the marriage visa, would it still be okay for my fiance to get a marriage visa as well(the US K visa).

Also, is the marriage visa forever because I don't want to give up my US citizenship.

Thanks,

Yi Liu

[fanglu]

China doesn't have marriage visas. If you are married to a Chinese citizen you can get a longer L (visiting relatives) visa. This is the same preferential treatment as given to former Chinese citizens who have taken up foreign citizenship. You can not legally work in this visa.

Visas are distinct from citizenship. You don't need to give up US citizenship to get a Chinese visa.

(null)

[liuzhou]

China most certainly has an immigration policy. What it doesn't have are marriage visas, as fanglu says.

At present, based on you being married to a Chinese citizen, all you can get is the extended L-visa (which you can renew again and again). It is still just a visitor's visa though, and therefore you can't legally work.

In theory, and it's very much only in theory, you are entitled to apply for so-called "permanent residence" (D-visa) after five years of marriage. This would give you the right to work, but in practice, no one knows anyone who has ever received it.

[yialanliu]

Hmm, how long is the extended Ls that you can get? Also, do I have to do visa runs every time?

And if this is the case, would it be better to stick with the work visa?

[liuzhou]

The length of the L visa depends on the local PSB and omens that morning. Different places give different times, but it is possible to renew over and over again.. But that is a hassle, so I would say it definitely better to be on the residence permit which you get via the work visa. That is still the only legal way you can work. Also they only need renewing annually in most cases.

[xiaoxiaocao]

I met an Australian citizen who was granted a 1 year 'L' visa after marrying a Chinese national.

[yialanliu]

In theory, and it's very much only in theory, you are entitled to apply for so-called "permanent residence" (D-visa) after five years of marriage. This would give you the right to work, but in practice, no one knows anyone who has ever received it.

So even with marraige, you can't get the D visa automatically? I was born a Chinese citizen and became a US citizen at 14 years of age. I have relatives in China but my parents are US citizens. Does that give me any benefits in obtaining a D visa earlier since I was a former Chinese citizens and have relatives in China?

[liuzhou]

As I said, the D-visa is virtually impossible to get. Since it was launched a few years ago, only a handful have been issued, mostly to people who have invested millions of dollars in China. You certainly don't get it automatically because you marry a Chinese national. In fact, I've never heard of anyone who successfully got one through marriage.

The fact that you were originally a Chinese citizen and have relatives in China is of no advantage, whatsoever.

[jbradfor]

Does that give me any benefits in obtaining a D visa earlier since I was a former Chinese citizens and have relatives in China?

I assume you already have the "return home card"?

[roddy]

Seriously, trot down to the PSB and ask about the process for applying for a D visa. Then come back and tell us what happened. We're here all week, we can wait, and Liuzhou would love to try and get one if they're actually handing them out.

Given the D visa's unicorn-like levels of scarcity, it's often overlooked that it works, should it happen to ever actually materialize in your passport, like a study or work visa - you still need to get residence permits from the local PSB. Now I don't know how long that residence permit would be for, but it would not surprise me at all if it was, ooooh, say, a year? After all, they're going to want you back in to check you aren't divorced.

I think all foreign spouses I know have ended up getting one-year L visas over and over again with no huge amount of hassle.

[rezaf]

Seriously, trot down to the PSB and ask about the process for applying for a D visa.

If any of you actually does that then please 幫個忙 and ask them if by any chance they give citizenship as well.

[roddy]

This topic reminded me of something. I've just spent way too long Googling it down.

James Veneris. American soldier, captured in the Korean War. Was one of the twenty-one such POWs to opt to stay in China, and one of the very few to never return to live in the US. He married a Chinese woman, was widowed and remarried, again to a Chinese woman.

Veneris wanted Chinese citizenship. Never got it. He wanted to join the party. Was never allowed to. The man was, in everything but passport, a loyal Chinese citizen, yet:

作为一名长期在中国生活的美国公民，温纳瑞斯每年都要到济南市公安局的外事管理部门，办理在中国居留的例行登记手续。　

Good luck doing any better than 老温. Rezaf, you may perhaps like to start by provoking an Iran-China war, and then defecting during it?

[rezaf]

I also think that it's very unlikely but I want to know my options if I decide to stay here. However I remember there was a Korean girl on 非誠勿擾 who said she had got the Chinese citizenship.

[yialanliu]

Thanks guys for the tips.

I am not even married yet so it's a long process away. Can't ask the PSB since I am not even married yet, but definitely will reply at the site when I do. However, the reason why I ask is because I want to get a better handle of the rules.

I am an only child so this helps me because I can use assets of my parents much easier than if I was one of many kids. The reason I say this is because I know in the US, it's 500,000 USD investment to become an investment immigrant. The thing in the US is that real estate can sometimes count as investment I think if it's due to renting.

In China, my family has a couple of units of rentals. Does this count because in the US it often counts. I've read that 2 million USD is the minimum for China yet other places say 5 million USD. The 2 million isn't a problem if that's all that is needed however 5 will be harder.

The reason I ask is because I have seen that very few are able to stay in China even if they meet the 5 year requirement. I was thinking with this additional requirement met, would it be easier? At the same tiem I am looking at a period of 4 more years before the 3 year requirement is met. With that condition, what are the odds rules would change, making it harder? Or do you think rules might become easier.

I ask all this knowing much is on ideas and not on anything people we know have done. But this discussion is still helpful in allowing me to find the best way of getting a D visa.

[gato]

I don't think a green card or citizenship is possible. I've been told by a visa agent that the best possible arrangement for a former Chinese citizen, short of a work visa, is a two-year L visa that can be renewed indefinitely. I was told that it still has a 6-month limit for each stay, so you may need to make a trip outside the border every 6 months.

http://www.china-embassy.org/eng/hzqz/zgqz/t84246.htm

A Chinese-American born in China (Taiwan, HongKong and Macau included)may apply for a Multiple Entry "L" Visa valid for 24 months.The photocopy of the personal information page of his/her passport is required to provide.

[heifeng]

is a two-year L visa that can be renewed indefinitely

I can vouch that I have received a two year L visa in 2009, which only just recently expired. The only thing is, mine only had a 30 day per entry limit, but I didn't even bother to ask for anything longer since I am not allowed to leave my hamster wheel couldn't take that much continuous time off anyway. But I DID request the 2 year visa, and received it....

Since it's time to renew, maybe I'll see what I can get next time in terms of re-entry lengths...

[Sam Reeves]

After you get married you get a visa that you have to reapply for every six months. It's not a one year deal.

You have to then do this for 5 years (as someone already stated), so my math isn't great, but that's 10 times... perhaps 9 if you don't count the one that goes over to a 5 year visa.

They used to give you a 5 year visa after marriage, but this going back 10 years or more. As this was abused by guys from poorer countries marrying just so they could stay in China, they got rid of it. Kind of makes sense as you could, in those days marry, then a year later divorce, and still keep your 5 year visa.

The truly annoying thing about the 6 month marriage update visa, and the 5 year visa, is that it doesn't entitle you to work in China, not at all. You would still need a work visa in your passport as well.

So in truth, the Chinese marriage visa somewhat functions as a 'tourist visa', assuming each time you extend it for three months. So, 3 month tourist visa from Hong Kong (as far as I know, the only place that issues three month tourist visas to the mainland), then you extend it three months again within the mainland (presumably because you have a lot more pictures to take). 6 months vs. 6 months.

Only difference is the tourist visa (due to having to do it twice as many times), will cost you around an extra 150-200 quai each time, depending on city (I'm guessing it changes, city to city, but don't know that for sure, as I've only been married in one city). By the way, you still have to pay for your 6 month 'marriage visa' each time too . Not expensive.

So the breakdown goes like this:

The Chinese 'marriage visa' (I use the term loosely) is almost totally useless for you.... BUT... your countries marriage visa is very useful for your wife.

As someone has already said (sorry, I can't remember who without going through the whole thread again) the D visa is as rare as hens teeth, and you should probably view you getting it as being as likely as Indianna Jones coming across 'the arc of the covenant' (with all the trouble beforehand).

Last time I heard, to get that visa required investing around 200,000 -300,000 RMB in China. I believe it was more around the 200,000 mark, but my memory fails me on that point.

[roddy]

After you get married you get a visa that you have to reapply for every six months. It's not a one year deal.

Is that a nationwide norm, or just your experience? I've always heard of foreign spouses getting one year L visas, but things change.

[Sam Reeves]

I can't say for sure if it's a nationwide norm Roddy... The problem is Chinese law can change from province to province, not to mention including autonomous regions.

In general that one should be the same... in fact it was technically a year visa... only you had to 'update' it after six months. China.... sigh.

[GaHanna]

I got a one year visa after marriage a couple of years ago. Now on a Z.