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Archive for the marriage spouse China Category

Marrying in China: Exit/Entry Requirements

A valid passport and visa are required to enter and exit China and must be obtained from Chinese Embassies and Consulates before traveling to China.  Americans arriving without valid passports and the appropriate Chinese visa are not permitted to enter and will be subject to a fine and immediate deportation at the traveler’s expense.  Travelers should not rely on Chinese host organizations claiming to be able to arrange a visa upon arrival.  Chinese authorities have recently tightened their visa issuance policy, in some cases requiring personal interviews of American citizens.  Although a bilateral United States-China agreement provides for issuance of multiple-entry visas with validity of up to one year for tourists and business visitors, Chinese consulates often limit visas to only one entry.

If you are planning to visit your fiance(e) in China, please contact us for information on how you can bring him or her over to the U.S. Call us at 626-771-1078 or visit www.chinesefiancee.com

Getting Married in China (Chinese version)

在中国结婚

打算与中国公民在华结婚的美国公民应了解下列相关的中国政府办事程序。在中国结婚需根据中国相关法律进行登记。与普遍的看法不同,美国外交官员和使馆官员无权主持婚礼并见证婚姻。原因在于,根据美国宪法,管理民政事务的权利分属各州。因此,禁止美国联邦政府雇员、美国使馆官员越权,侵犯各州的职责。 

现行的《中华人民共和国婚姻法》于1980年9月通过,并于1981年1月1日起生效。该法要求,结婚登记手续由各地民政局婚姻登记处完成。计划结婚的美国公民应该在其未婚夫/妻户口所在地的婚姻登记处咨询并办理。在北京可以向下列机构咨询:

北京市民政局婚姻登记处
北京市朝阳区华严里8号1层,邮编:100029
电话:6202-8454
办公时间:周一至周五上午9:00-11:30; 下午1:30-5:00

从2003年10月1日起,中国的婚姻登记机关停止为双方均为暂时来华的外籍人士办理结婚登记。新规定要求申请登记结婚的外籍人士中至少有一方在中国长期居住。 

收到登记结婚申请后,民政部门将核实双方是否达到最低结婚年龄(尽管某些地方民政部门确定的最低年龄可能略高,但一般应达到男22岁,女20岁),双方是否单身或能够自由结婚。有过婚史的人需要提交离婚证明或前配偶死亡证明的原件或经过公证的复印件。办理结婚登记的美国人一方通常需要提供下列材料:      

  • 有效护照和有效签证;
  • 如果双方都为外籍人士,一方应出示在华长期居住证明;
  • “单身声明”,此份文件可在美国大使馆/领事馆办理。(美国公民要在领事面前宣誓并保证自己具备结婚资格。大使馆出具此份文件时,有过婚史的人需要向大使馆出示离婚证明或前配偶死亡证明。为配偶提出移民签证申请时,需要再次提交以前婚姻终止的证明,所以我们建议登记结婚时不要将离婚证或前配偶死亡证明的原件交给民政部门而提交清晰的复印件。一般情况下,如果你出示经公证的文件并将复印件交由有关机构审查,中国方面会接受复印件。如果你的未婚夫/妻有过婚史,同样处理。)
  • 三张两人合拍的结婚证件照
  • 登记费用 

如要了解登记结婚的中国公民需提交哪些文件,请咨询户口所在地的婚姻登记处。

通常情况下,结婚证在申请当日发放。 

为配偶申请移民签证

登记结婚后,美国公民可以为自己的非美国公民的配偶申请移民。在中国居住的美国公民可以向美国国土安全部(DHS)设在北京的办事机构为自己的非美国公民的直系亲属递交移民申请。DHS的联系方式是:(8610)8531-3111(电话)或(8610)8531-3100(传真)。


Marrying in China: Registering Your Marriage

The marriage registration process may take anywhere from several days to several months to complete, depending upon how quickly the required documents are obtained. (For example, some Chinese citizens have difficulty getting a “release” from their “danwei” to obtain the “certificate of birth” or the “certificate of marriageability.”

IMPORTANT TIP: It is recommended that the couple dress up (coat and tie for the male). From past experience, it appears that whenever a couple appeared in jeans and tennis shoes the registration process took over a month whereas couples who dressed formally and displayed a “correct attitude” were usually registered within a few days.

After marrying, it is important to submit required immigration paperwork to the USCIS to enable your spouse to enter the USA. Our law firm can assist; visit www.chinesefiancee.com for more information.


Marrying in China: Requirements of the Chinese Fiance(e)

The Chinese partner to the marriage will be asked to submit the following

  • a certificate of marriageability (obtainable from the office which has physical control of his or her file)
  • a certificate of birth
  • household registration book
  • health certificate (obtainable from a regional level local hospital)
  • a letter from the parents of the local partner giving permission for their child to marry a foreigner (this letter should include the index fingerprint of both parents below their signature and date).

After marriage, the US/Chinese couple will need to prepare US immigration paperwork allowing the Chinese spouse to enter the U.S. Visit our website at www.myfianceevisa.com or call us at 626-771-1078 for more information on how our law firm can assist.


Marrying in China: Requirements of the U.S. Fiance(e)

The American partner to a marriage in China will generally be asked to submit the following:

  • a current passport
  • a Chinese residence permit
  • a health certificate from the local hospital designated by the civil affairs office
  • a “certification of marriageability” which can be prepared at the U.S. Embassy on the basis of an affidavit in which the American citizen swears or affirms before a Consul that he or she is currently legally eligible to marry (persons who have previously been married need to show a certified divorce decree, annulment decree, or death certificate both to the Embassy when preparing this certificate and to local authorities. Since proof of termination of all previous marriages will again be required when you file an immigrant visa petition on your spouse’s behalf, we recommend that you do not surrender the certified copies of death certificates or divorce or annulment decrees to the civil affairs office. You should take a good photocopy with you when you go to register the marriage. Generally, if you present the certified copy with the copy for their review, the Chinese authorities will accept the copy. This is also true for your spouse if he or she has previously been married.)
  • three photos of the marrying couple, taken together
  • a registration fee

 For legal assistance, visit our law firm’s website at www.myfianceevisa.com


How to Marry Your Fiancee in China an Overview

If you don’t want to bother with the K-1 fiancee visa and prefer to marry your fiancee in China, here’s information on how to marry in China. This information is provided by the Chinese government.

 Foreigners wishing to go to China to marry Chinese citizens should be acknowledged that the legal marriage age in China is 22 and above for male, 20 and above for female according to the Chinese law, and bigamy is illegal.

Before going to China, the following documents should be prepared:
1. Your non-spouse certificate which indicate your name, sex, date and place of birth, nationality, personal identification document number, marital status (never married or divorced or widowed) and the name of your fiancee/fiance. The divorced should have divorce certificate and the widowed death certificate and must declare that he/she has never got married since and remains single.
The above-mentioned documents are invalid unless they are first notarized by a local notary public and then legalized and finally authenticated by the Chinese Embassy  (valid for 6 months since the date of authentication).
2. Certificate of decent occupation or reliable income.

After entering into China with the above-said documents and a valid visa, you should together with your fiancee/fiance, submit in person your marriage application to the marriage registration office of the local government above county level where the Chinese fiancee/fiance resides and, have your health checked by a designated hospital. Marriage can be registered only after the application is ratified, and Marriage Certificate is issued upon registration.

 Once you’ve married, you’ll need to apply for an immigrant visa for your spouse or for a spousal visa. We can help, call us at 626-771-1078 to speak with an experienced immigration attorney or visit us at www.myfianceevisa.com


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