Questions on Marrying and Staying Temporarily In China
Hi,
Well, my Chinese fiancee who lives in Guangxi province was just denied a K-1 visa in Guangzhou last week for reason of "not a bonafide relationship", even though we presented a lot of evidence of our ongoing relationship.
An immigration lawyer told me we should just get married in China and try to get a K-3 visa after some time has passed, and save ourselves the trouble of appealing the K-1 denial which would take a long time.
So, I am planning to go to China to marry my fiancee and live there with her temporarily, possibly for the time necessary for her to get a visa to the U.S.A. I am getting the single/non-marital status certificate from the Chinese consulate in my State.
I have some questions, I hope somebody can help me clarify:
I know I can enter China using my tourist visa and then apply for a "spousal" L visa to get extended time to stay with my wife once we are married. I know I cannot seek employment in China on just a tourist visa. I need to earn a living though. I do now have a job with a U.S. employer (digital document processing), and I can continue to work my same job from China by telecommuting via internet very easily. Would there be any foreseeable problem with the Chinese officials if I continue to do my U.S. job from China by internet? I get paid in USD to my US bank account, not in China.
About getting married: The Chinese Consulate doesn't mention anything about needing a criminal history check. They only mention a single-/non-marital status certificate as required document for marriage in China. However, I have read on other websites that a criminal history check is required also, as well as birth certificate. What other documents are actually needed by the foreigner to get married in China?
Thanks for any assistance.





V
Re: Questions on Marrying and Staying Temporarily In China
Interesting. What was their rationale for not "honoring" your "evidence" of an ongoing relationship? If you don't mind my asking, what was the nature of this "evidence?"
My understanding is that it isn't terribly hard to qualify for a K-1 visa if you simply jump through the hoops. I know a couple of folks who have gone through the exercise and while it was a bit of a hassle gathering the paperwork, they weren't denied.
Cheers,
Back to top
Login or register to post comments
meiguo
Re: Questions on Marrying and Staying Temporarily In China
Their reason was "you do not have a bonafide relationship with the petitioner". No further clarification was given.
She brought as evidence:
- My plane ticket stubs from November 2007 and last week's visits,
- Receipts of money transfer's I've sent her over the past 6 months
- A credit card I put in her name under my account
- My passport
- Photos of us and her family visiting together from November/December when I was in China for a month
- An inch stack of emails (printed in very small type to save paper)
- Skype records of numerous telephone calls
- Yahoo chat transcripts over several months
- Her engagement ring on her hand
- My affidavit of support, with tax returns for 3 years, letter from my employer, paystubs for the last several months.
You'd think this would all be enough. I don't know if they just decided we had no relationship because I hadn't been over to visit before last week since December, or because we have only been engaged 8 months.
Back to top
Login or register to post comments
zhenlai
Re: Questions on Marrying and Staying Temporarily In China
There is no criminal check necessary to get married in China. The only things you need are a form from the embassy stating that you are eligible to be married, your passport with valid Visa and your birth certificate. You must get married in the capital of the province where her hukou is. Once you are married you go to the police station in her town or city of residence and apply for another L visa that lists you as a visiting relative. You can get this as a 1 year single entry or 1 year multiple entry Visa. Only the cost is different. There should be absolutely no problem with continuing to do your work from China since it has no involvement with China. However if you live in a small city beware of the internet connection speed and availability. If you do need a job don't worry about working, especially in a small city. You can work for most schools and tutor english at home. Even without an "official" job in China you can make more from tutoring at home than most of the locals earn.
Illegitimus non carborundum
Back to top
Login or register to post comments
meiguo
Re: Questions on Marrying and Staying Temporarily In China
Xie xie, zhenlai
Back to top
Login or register to post comments
gdbill
Re: Questions on Marrying and Staying Temporarily In China
Actually, you do not need your birth certificate. You need the swore statement from the consulate where you swear your elegibility to get married and your valid passport. You also do not need to get married in the capital city of the province where your wife has her hukou. You can get married in any city where your wife has her hukou even if it is not the provincial capital.
After you get your Chinese marriage certificate, you can go to the PSB Entry & Exit Administration to apply for a one-year spousal L visa. You ned to do this, also, in the city where yourt wife has her hukou or at least where she has a registered temporary residence -- such as those who work in Beijing, but have hukou elsewhere.
Because of the Olympics there have been cases of the PSB refusing to issue a spousal L visa or placing shorter time restrictions. Some cities / provinces do not even issue these spousal L visas at all.
You are not allowed to work on an L visa. If you are inclined to work anyhow on your L visa, I'd wait until the Olympic period is over as during this time the chances of getting caught are a bit higher and if caught the chances of getting kicked out are very high. After the Olympics things might revert back to the old "business as usual" style.
"Truth is not a commodity in short supply: The problem is, there's very little demand for it." -- ???
Back to top
Login or register to post comments