Need Advice, My Fiance Has Two Identities

[Dobee 0]

Quick back story:

Me and my Chinese girlfriend are looking to get a K-1 visa. We have been "together" for like 4 years now I have visited twice, (the last visit was a year ago). It just so happens that my girlfriend (lets call her Anna) was a second child for her parents. Her birth was back when the Chinese government was cracking down hard on the "one child policy", so to avoid getting an abortion, paying a huge fine, and or potently loosing their job(s) her mother fled to a rural part of China to give birth to her. She had to live with her aunt for a number of years registered under a fake identity (lets call that one Lily). However, her real identity (Anna) is also registered too; real age and name she prefers to go by, but she uses her fake one (Lily) in official instances such as employment.

So where does this come into the K-1 visa process you may ask ? Well as you probably know we need to establish proof of a existing relationship. All I have to show for that are the hundreds of pages of chat logs we have accumulated. (Proof of visiting isn't an issue). However her other name, Anna is on the chat logs and she wants to use the name Lily to avoid any conflict with the government and her parents.

I don't want her parents to get in trouble for having to use her alternate identity (which is actually her real one ... I know its confusing).

I don't know what to do. Any advise would be greatly appreciated.

[Merrytooth 5,748]

what is her name on birth certificate?

[Kay&Jay 44]

She has to use the name that uses in all legal documents.Wow 2 identity that sounds weird though.

[Happytobe 164]

If I remember correctly... The petition asks for the "actual" name, as well as any aliases. I don't see a way to disclose anything but both names to our government. As far as the chat logs.... Writing an explanation about the names would be recommended to clarify why there are the 2. I'm sure it's not the first time our government has seen this.

I hope some one chimes in who has experienced this. As I'm not sure if this info gets disclosed to the Chinese government. Good luck

[Darnell 8,478]

go by the name in her hukuo book.

you're probably trying to say she has 2 hukuo books, as well,

so use the name in the hukuo book that SHE used to get her current China ID card.

[Ian H. 207]

I agree with previous posts. She should use the name on her official docs. If she is using any aliases she has to list those as well. I hope this doesn't cause issues, but it shouldn't since this was something her mom did and for good reasons.

[CowBoE 429]

You might have to review all "major" official documents and determine which may be best to use.

They will require minimally these for the K1 visa processing.

So you have to investigate which name(s) she can get this documents in.

1. Birth certificate (required)

2. (No criminal record) Police certificate (required)

3. No marriage (or Single) certificate (required)

But even beyond the K1 visa processing, you have to think about...

1. You mentioned her employment, then likely she has various social/insurance funds,

so after she get green card or US citizenship, you have to think about which name

can she withdraw these funds from. Unless there is a way to withdraw them

before she comes to US.

2. You have report (Chinese) assets that are greater than $10,000 in value in tax filing

because 2 governments are now collaborating to share such information, so you have to

think about how you are going to sync-up the Chinese vs name that will be used in US.

3. Also, does she have 2 national IDs with unique numbers?

4. Does she have Chinese passport? If so, which name is used?

5. If she has any interest in going to school in US which will require her

transcripts and degree, then you have to think about name conflicts here as well.

6. Lastly, will using one of the name will get her in trouble with Chinese government?

I think you have to carefully think through the entire future life cycle of dual-identity.

And at some point, it is probably a good idea to find a way to use only one, if possible.

- - - -

That said, I wonder if you can just come forward and explain the entire situation of

dual identity...but I don't know if that's going to get her in trouble in China.

Good luck...

[Darnell 8,478]

You might have to review all "major" official documents and determine which may be best to use.

They will require minimally these for the K1 visa processing.

So you have to investigate which name(s) she can get this documents in.

1. Birth certificate (required)

2. (No criminal record) Police certificate (required)

3. No marriage (or Single) certificate (required)

1,2 and 3 not exist at the moment.

They exist, only after presenting hukuo book to the office that generates these 3 documents.

So, choice of hukou book important, apparently there are 2.

[Dobee 0]

Thanks all, you have given me some good things to consider, I think she does have two hukou books. I might just have to list her other name as simply an alias, fortunately her family name is the same on both so ... But I really appreciate everyone's input !

Thanks !

[RandyW 149]

There may or may not be any issues for her in China - this is independent of the immigration process. As far as the U.S. government is concerned, Anna and Lily are simply aliases.

Like others have said, you simply need to determine the best alias to use to get her official records (birth certificate, police certificate, and single certificate).

Make a separate determination of which name she wants to use in the U.S., and use that on all immigration forms, reporting the other name as an "alias".

[Girl from Celebes 588]

Different names on chat logs and legal papers is not an issue. The CO asked me how did I call my then-fiancé ( my now husband) during online chats like on Skype or emails. I think he just wanted to see if I knew my husband's nickname and any other names we have used.

When I answered it correctly the CO was just smiled, nodded and saying, " Yeah, I knew how you call him. I saw on your chat logs and emails". We included chat logs as well as emails printed and screenshot of video calls on Skype. I did not even use my real names on Skype and I did not get tough questions regarding that matter.

Edited September 25, 2014 by Girl from Celebes

[iawait 9]

I think you should involve an attorney familiar with a case like this and disclose everything to USCIS. She might want to petition her parents in the future or her sibling. A mistake and/or lie now will come back to bite her in the long run.

[Marco&Bettina 502]

Thanks all, you have given me some good things to consider, I think she does have two hukou books. I might just have to list her other name as simply an alias, fortunately her family name is the same on both so ... But I really appreciate everyone's input !

Thanks !

The question I have about your OP is how does her real ID exist at all if it was supposed to not exist because of the harsh one-child laws? Like if her official documents show a fake identity, when was her real identity created & why?

[Mike and Yaoling 46]

I understand you. It is common in China for children to be registered under other family members or even friends, especially girls.

At first though I would say to use Lilly's hukou and national ID card to generate the official documents, birth certificate, police records and so on. You said Lilly is the one that had a job and other things so that is who she is known as on record and will give you the least grief.

It's completely normal to have an alias in chat logs. For example my Chinese fiancé uses her English name "Echo" on our QQ logs. It's normal and I would not worry about it. I don't use my real name in QQ either.

I am more surprised that she would have anything in her real name registered. I don't understand why her parents did not use the name Anna and just register the birth under the Aunt. Why the two names?

Having experienced attourney would likely be the best thing to do. Falsifying the birth was illegal however common and understandable. I am sure they see this quite often. Getting documents in Anna's name only made it more complicated.

Find an experience lawyer and pay the $100 consultation fee. It will be worth it for the peace mind.

Edited September 25, 2014 by MichaelYaoling

[Darnell 8,478]

ya , check in with Eunice Wang in Guangzhou - she's a consultant attached to Marc Ellis' office and she knows her stuff. Marc also knows his stuff.