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Filed: Timeline
Posted

Hi, I am not sure if this is a new topic. I'm an American and my wife is Russian. We live overseas right now. We plan to move back to the US before the end of this year. I submitted I-130 for her last November and it's been approved earlier this month and now the files have been forwarded to the Dept. of State. I just have a question regarding getting police certificates of no criminal record.

I understand that one MUST get the police certificates of no criminal record from all countries one has lived for more than a year since the age of 16. So my wife needs one from Russia and another from Singapore (where we live now). These can be easily obtained. But she has also studied and worked in China for almost two years and hence would seem to need a certificate from China as well.

My question is does the Dept. of State really care in this situation about getting this certificate from China when/before my wife goes for the visa interview? Has anyone been in a similar situation? I mean, she is not a Chinese national and was there not for a terribly long time. From what I understand, one (or at least one's agent) must go to the place where one lived in China to obtain this certificate. The Chinese Embassy here seems to be unwilling/unable to help. It's hardly a convenient thing to deal with the authorities in China and neither of us really wants to spend the time and money to go there just to get a piece of paper.

In there is no way around this, does anyone know a reliable agent in China (or elsewhere) that can help with getting this certificate from the Chinese police?

Thanks in advance.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hi, I am not sure if this is a new topic. I'm an American and my wife is Russian. We live overseas right now. We plan to move back to the US before the end of this year. I submitted I-130 for her last November and it's been approved earlier this month and now the files have been forwarded to the Dept. of State. I just have a question regarding getting police certificates of no criminal record.

I understand that one MUST get the police certificates of no criminal record from all countries one has lived for more than a year since the age of 16. So my wife needs one from Russia and another from Singapore (where we live now). These can be easily obtained. But she has also studied and worked in China for almost two years and hence would seem to need a certificate from China as well.

My question is does the Dept. of State really care in this situation about getting this certificate from China when/before my wife goes for the visa interview? Has anyone been in a similar situation? I mean, she is not a Chinese national and was there not for a terribly long time. From what I understand, one (or at least one's agent) must go to the place where one lived in China to obtain this certificate. The Chinese Embassy here seems to be unwilling/unable to help. It's hardly a convenient thing to deal with the authorities in China and neither of us really wants to spend the time and money to go there just to get a piece of paper.

In there is no way around this, does anyone know a reliable agent in China (or elsewhere) that can help with getting this certificate from the Chinese police?

Thanks in advance.

I hope this helps. Go to this governement website and click on China. I will cut and paste what I found for you, but please check it out for yourself.

Police Records

Generally available, reliable. Persons should apply for a certificate of no criminal record at the local Public Security Bureau (PSB) (or certain types of employers such as state owned enterprises), then make application to the notary office for a certificate based on the PSB document. Persons without a criminal record will be able to obtain a certificate to that effect. Certificates for individuals with one or more criminal convictions will list all convictions for which records still exist. The certificates purport to reflect all criminal convictions during residence in China. Police records are generally not available for the period prior to 1949. Certificates are available for those in the J-1, Z, and X categories. The GOC does not issue police records for temporary residents of China in L or F visa categories.

Police records also are not available for those who were in China in diplomatic status including those working for international organizations such as the United Nations. Notarial police certificates are based in part upon records from an individual's employer. If an employer refuses to release records, the notarial office is not able to issue a certificate. This is the case for persons sent abroad for education by the Chinese Government who fail to return to China.

According to a 1957 state council ruling that is still in force, the imposition of a re-education through labor (Lao Dong Jiao Yu) term does not result from a criminal conviction. Administrative organs, rather than courts, impose re-education through labor. It is important to distinguish re-education through labor from labor reform (Lao Dong Gai Zao), which is a sentence meted out for criminal offenses.

Please print out anything you think might be helpful at your interview, such as this information. :thumbs:

I Looooooove my baby Lyn.

Filed: F-2A Visa Country: China
Timeline
Posted

I definitely think your wife would need to get a certificate from China because I came across very similar situation when I applied for my greencard 3 years ago. I did my undergrad in Canada for two years and a half and NVC asked for a police record at and it cost me painful time to get it finalized. According to NVC, if the applicant stayed in a foreign place for more than 6 months, he/she needs to get a non-criminal record certificate.

I'm a Chinese citizen but to be honest I'm not 100% sure either. It really depends on where your wife stayed since different local police bureaus have different interpretations and processes. If your wife could physically be in China, I would suggest her contact the school and get a certificate from school's security dept. Then bring that piece of paper to local public notary office and they'll help you from there. Most public notary offices provide English service. If you cannot not make a physical presence, a lawyer might be a better option because not a lot of agencies handle this kind of business, at least not I'm aware of.

No matter which way you choose, local police or Chinese consulate won't be a great place to contact because 99% they would tell you they don't have your records. Try to speak to a public notary office. They are the ones most familiar with this kind of cases because every piece of paper goes to NVC will pass their hands.

Hope it helps and good luck!

Hi, I am not sure if this is a new topic. I'm an American and my wife is Russian. We live overseas right now. We plan to move back to the US before the end of this year. I submitted I-130 for her last November and it's been approved earlier this month and now the files have been forwarded to the Dept. of State. I just have a question regarding getting police certificates of no criminal record.

I understand that one MUST get the police certificates of no criminal record from all countries one has lived for more than a year since the age of 16. So my wife needs one from Russia and another from Singapore (where we live now). These can be easily obtained. But she has also studied and worked in China for almost two years and hence would seem to need a certificate from China as well.

My question is does the Dept. of State really care in this situation about getting this certificate from China when/before my wife goes for the visa interview? Has anyone been in a similar situation? I mean, she is not a Chinese national and was there not for a terribly long time. From what I understand, one (or at least one's agent) must go to the place where one lived in China to obtain this certificate. The Chinese Embassy here seems to be unwilling/unable to help. It's hardly a convenient thing to deal with the authorities in China and neither of us really wants to spend the time and money to go there just to get a piece of paper.

In there is no way around this, does anyone know a reliable agent in China (or elsewhere) that can help with getting this certificate from the Chinese police?

Thanks in advance.

 
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