American married to Chinese, baby born in America.

[Amber.Andrew]

I am American and my husband is Chinese. We had planned on having our baby here in China as it seemed the easier thing to do considering we are currently living here and do not pan on moving, but now that doesn't seem to be an option. The hospitals here are just too different from what I'm used to back home, and it seems like every time I go they have a new problem to wail on that stems from me being more meaty than most Chinese women. Anyway, problems being what they are I've decided to return home to have the baby. So after the baby is born, I will need a passport and a visa to bring him/her back to China? Even though the baby's father is Chinese. And once we get here will we need to renew the visa like I do every year?

Any help/information would be greatly appreciated. I plan on leaving next month regardless, but it's better to know and understand what we're getting into.

Thanks!

[PengHaoShi]

Yes, that's the way, but they may grant a visa with a longer term than just 1 year.

China does not allow dual-citizenship; but if you are married to a Chinese and are living in China for at least 5 consecutive years (plus some other pre-requisites, such as stable income or at least 200.000 RMB in a Chinese bank account, etc.), you can apply for a Chinese Permanent Residency = Green Card. Whether they grant this depends on the local authorities plus the ministry of PSB in Beijing.

[fanglu]

So after the baby is born, I will need a passport and a visa to bring him/her back to China?

Yes, that's right. It might be possible to get him/her a Chinese passport, rather than an American one, but that would mean he/she would need a US visa to travel to the US. I don't know how difficult that would be. Probably simpler just to use the US passport and renew the Chinese visa when required.

[gato]

See if these articles help (be sure to read the comments):

http://www.beijing-k...-Foreign-Babies

http://www.startinch...mixed_kids.html

[PengHaoShi]

Look into the Green Card matter. Legally, a foreigner holding a Permanent Residency has all rights like a Chinese with only three exemptions:

- you cannot be elected (so sorry for you, you cannot become the President of the PRC),

- you cannot participate in any election,

- you cannot join the army.

Besides this, you have all other rights like sending your kids to school, to university, buy property like a Chinese, join social welfare system, etc. It is identical to a Hukou, except you do not have to apply for one and you can settle wherever you want in China.

The question will be whether local authorities will really recognize this or whether you might have to get legal assistance. I'm very often in a situation, that people look at my Green Card and don't know, what that means. I once even had a fight at the PSB when registering, because they insisted that I should have a visa. It took me more than an hour and them several phone calls, before the issue was settled.

As I have no kids in China, I can't tell you what problems you might have in reality, but the law is very clear and straightforward about that.

[roddy]

PengHaoShi, we'd love to read a nice long write-up of how you got your Permanent Residency.

Also, isn't there some arrangement where kids CAN have dual citizenship, on the basis that they aren't old enough to make the choice? I'm sure I've read about it on here.

[PengHaoShi]

Roddy, there are three roads for a Chinese Green Card:

1) the applicant is a professor or high ranking researcher in a field which is recognized by the Chinese government as strategic,

2) the applicant is the number one in a company, which is regarded as a strategic enterprise in a strategic business field (applied to me, although it was a comparatively small company with only 400 employees),

3) family reunification, which means that one person is a foreigner and the other person is either a Chinese citizen or a Permanent Resident of China.

My wife went back to our home country for an assignment for some time, but at the end of this year she will be in China for 5 consecutive years. So we want to apply for a Green Card for her also and we looked into the prerequisites already. That's the number 3. So we will see what happens, there is no possibility to go against the government or to sue them. The local government has to judge whether these foreigners are beneficial to China or not, in most cases Beijing will agree.

So for Amber, it's important what her husband is doing. If he is a high qualified person (which I assume, otherwise why can he be so fluent in English and marry an American wife), they have to put together the right story and might need the help from some Chinese friend or advocate.

If she can obtain this, then the kid can have an American citizenship, enjoy all benefits in China and decide later, which nationality he/she wants to have.

[Amber.Andrew]

Is it still possible for me to be approved for a Green Card if I leave China for several months? I will be gone for about 6 months, will that count against me? Also 5 consecutive years, I should finish 5 years? For instance, I'm currently living in China for about 3 and a half years, so I consider this my 4th year in China. Maybe I just choose to confuse myself on this matter, haha.

Also, concerning what PengHaoShi has just said, my husbands English is not that good. We communicate mainly with Chinese which I speak almost fluently with the exception of some vocabulary that I do not know and understand. I do have plenty of friends in high places who are Chinese citizens and could possibly help us if we needed it though.

The Green Card sounds like the best way to go though, so thanks for the advice.

I have another question to ask for any of you other Americans married to Chinese out there. I will want to have my husband visit me in America the last month of my pregnancy and hopefully for the birth of the baby. Does anyone know the steps of attaining a visa for him? I've heard that we can get a visa that allows him to visit family, for which I am, and that would be the easiest visa to get. I mean rather than a tourist visa which the government is quick to reject so many Chinese people who apply for it. Any advice on this situation?

You are all a big help to me right now! Pregnant, stress! You're saving my husband a lot of unnecessary pregnancy fits! So thanks to you from him as well!

[gato]

Actually, it's quite easy for Chinese citizens to obtain tourist visas to the US now. A friend of mine just got it, and although she prepared lots of documentation (such as a bank statement), the visa officer said only the online application form was needed. I've read on Chinese forums about visas that the rejection rate for US tourist visas now is very low, with so many Chinese tourists going abroad.

The tourist is effective for a year. The amount of time one can stay is determined at immigration control upon landing in the US. Usually they grant 6 months of stay for tourists.

[PengHaoShi]

Amber, yes 5 years in total when applying. You can leave for some time, but I do not know whether it could be 6 months or even more. The easiest thing is to call up PSB and let them send you the prerequisites or to look at their web-site. They differ a bit from province to province. But generally, they refer "per year", so if you leave in September and come back in March, then you are absent for about 4 months this year and 3 months in 2014. Shouldn't be a problem, but better ask.

We are just starting the process again for my wife (based on my green card).

Generally, what you need:

- marriage certificate,

- non criminal record certificate (from the US, with apostille from Foreign Ministry, certification by Chinese Embassy + translation and certification of the translation)

- health certificate,

- notarized rental agreement for at least another 2 years or a property certificate, if you own one,

- notarized certificate of at least 200.000 RMB in a bank account of your husband or other proof how to secure your daily live in China.

All documents should be issued within the last 6 months prior to application. The process might take 1 to 2 years after application, although the law says, they should do it within 6 months.

Another benefit is that, with a green card, you do not need a visa any longer and also no residency permit, but especially no work permit. You can do whatever job you want to do and are not required to show your qualification. When the PSB came to our office building and checked all companies for foreigners, working there, I showed them my green card and everything was OK, I do not have a work permit any longer.

[icebear]

I assume once you have that green card you are also no longer able to take a tax deduction of 30% of your income (as normal working foreigners are). This can have a pretty large tax impact that far outweighs visa inconveniences.

[roddy]

Amber, how has this worked out for you?

[Amber.Andrew]

Well, I am still expecting. I'm currently in America until I have our child. But we do plan on getting her a green card after we arrive back in China. Then after 1 more year I will apply for a green card myself. But all of the information was very useful. I will try to remember to update on how it worked out once it's all said and done.

[Amber.Andrew]

SO.. I need some more information from you guys if possible!! Hehe.

 

First of all, only 1 more month until our little bundle arrives. So now all I think about is her passport and visa!

 

I want to get back to China ASAP. I miss my husband very much and we decided he wouldn't come for the birth. I need him there to get our apartment ready for a baby, and that costs money. ANYWAY......

 

My question is. There are plenty of passport and visa companies out there. I want to get her documents expedited so I can get home as soon as possible. I would like to go through a company that can do both in one go in around 6-8 business days if possible. 

 

Do any of you have any recommendations for a company I could use? Possibly one you've used and trust. 

 

Oh, and one more question. I have read that to obtain her visa I will need a document from the father giving his permission etc. Well, his name won't be on the birth certificate here, and he is a Chinese citizen not American. Do I still need something along these lines do you think? Thanks in advance.