Chinese Police Certificate - a problem, can it be waived?

[ahiann8 2]

Hello, we are looking to DCF soon.

My foreign wife worked in China twice. Each time was less than a year, but all together it was more than 12 months, which is the important part from what I understand.
Because of working more than 12 months there, it looks like she needs a police certificate.
These are very difficult to get if you are out of the country. Entering the country is difficult too, she would need to apply for a visa, etc.
There are some online services that say they can help, some look good, although there is nothing official, so you are putting your trust in strangers at the end of the day.
The services say they cannot help my wife because we are missing some document that my wife does not have, the company she worked for has/had this. The company says they do not have it and cannot help.
If I find a different service that says they can help, I have no idea if they really can, or are just a scam, or send me a fake document.
We don't have any friends there, no contacts in the police department or government, and no plans to go to China again.
So it seems we cannot get this police certificate that is needed.
This is a big problem, we want to move forward with our live moving back to the USA.
We do have a letter from her company from when she was there, saying that they have no record of her being involved in any crimes/trouble, that she is a good person, stuff like that.
That's nice but it's not a legal document like a police certificate is.

So what can we do?
I saw this page online:
https://www.beijingesc.com/ncr-faqs/233-us-law-waive-unobtainable-pcc.html
It shows various parts of US law regarding if it's very very difficult/impossible to get a document, it can be 'waived'.
Do you think this could be the case here?

I'd hate for this to ruin our future.
Thanks

 

[Russ&Caro 1,549]

From which country are you intending to DCF? USCIS offices abroad are in the process of being shutdown. Some offices are already declining to accept applications.

[Ben&Zian 4,398]

Agreed with above, you really need to check if they are still available for DCF there where you are. And as for "waiving' of a police certificate/report, that probably is under some extreme circumstances (if at all), probably not just because it's 'difficult' to get.  A lot of people deal with obtaining foreign police reports from difficult countries.

 

Also, where are both of you? Do you legally reside in that country?

Edited May 16, 2019 by Ben&Zian

[payxibka 10,047]

Pray the London office remains open long enough 

[ahiann8 2]

We would be doing it via London. I am working in the UK legally, she is French, so here legally too.
Ah yes I just read about DCF shutting down in the near future, London looked still active at the moment but could it really change in a few weeks? Scary.
Is it worth just going ahead with the DCF now, and worrying about this problem later? - Rather than waiting for some miracle to happen with this certificate, and then apply for DCF afterwards.
 

 

[Just Paul 4,595]

27 minutes ago, ahiann8 said:

Is it worth just going ahead with the DCF now, and worrying about this problem later?

File now.   And see what you can do about the certificate why you are awaiting processing.

 

You need the certificate at the interview.

Edited May 16, 2019 by Paul & Mary

[ahiann8 2]

7 minutes ago, Paul & Mary said:

File now.   And see what you can do about the certificate why you are awaiting processing.

 

You need the certificate at the interview.

Will the London office give a warning before they close DCF down? Or will it just happen?
I will try to do this ASAP.

If at the interview, they say "too bad, go to China , get the certificate, and come back", is that ok - they will wait?
Or do I have to start again? Even if DCF is closed for new applicants?

[Just Paul 4,595]

4 minutes ago, ahiann8 said:

If at the interview, they say "too bad, go to China , get the certificate, and come back", is that ok - they will wait?

The interview is with the Department of State not USCIS.  USCIS approves the petition and sends it to the Embassy.

 

Philippines stopped accepting petitions  the 3rd or 6th of May.  They didn't give any notice.

[ahiann8 2]

1 minute ago, Paul & Mary said:

The interview is with the Department of State not USCIS.  USCIS approves the petition and sends it to the Embassy.

 

Philippines stopped accepting petitions  the 3rd or 6th of May.  They didn't give any notice.

Ok, either way, will they wait? or say too bad start again?

That's scary. Thanks for all of this information.

[Just Paul 4,595]

As an aside Mary got her Philipines Police Certificate while we lived in Mexico.  You might want to check at the Chinese Embassy in London.

1 minute ago, ahiann8 said:

Ok, either way, will they wait? or say too bad start again?

The will usually issue a 221(g) and give you time to obtain.

[ahiann8 2]

Thanks Paul.

I really hope this works out ok.

[payxibka 10,047]

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/China.html

 

Look here

[Pitaya 2,577]

Here is a recent posting in the China Regional Forum that may be of use to you:

 

 

HTH

Good luck on your immigration journey.

[ahiann8 2]

Thanks for those 2 links payxibka + dragon fruit:
One of the few criteria for getting the police check is having the 'temporary residence registration' from when you registered with the police in China.
We simply don't have it and without it we can't get a police check.

Just like my first post, on one of the sites I see there is some US law that shows it can be waived:
 

Quote

United States: “In the event that the immigrant establishes to the satisfaction of the consular officer that” a police clearance “is unobtainable, the consular officer may permit the immigrant to submit … other satisfactory evidence of the fact to which such document or record would, if obtainable, pertain.” 9 FAM 504.4-4(F) (emphasis added). Such other satisfactory evidence that a person has no criminal conviction may include, for example, “proof of membership in or affiliation with a reputable religious organization in a religious capacity during periods of foreign residence may be accepted as such evidence.” 9 FAM 504.4-4(B) (emphasis added). In our experience, an individual’s own affidavit or an employer letter may also be satisfactory evidence that a person has no convictions.

So we will get an affidavit from my wife saying she did not commit any crimes, the letter from the company saying she didn't, and hope for the best.

If at the interview, the CO doesn't accept this, and says we have to go to China to get it, I wonder what happens if our Chinese tourist visa is denied... 😂

 

[carmel34 3,646]

7 hours ago, ahiann8 said:

Thanks for those 2 links payxibka + dragon fruit:
One of the few criteria for getting the police check is having the 'temporary residence registration' from when you registered with the police in China.
We simply don't have it and without it we can't get a police check.

Just like my first post, on one of the sites I see there is some US law that shows it can be waived:
 

So we will get an affidavit from my wife saying she did not commit any crimes, the letter from the company saying she didn't, and hope for the best.

If at the interview, the CO doesn't accept this, and says we have to go to China to get it, I wonder what happens if our Chinese tourist visa is denied... 😂

 

File DCF in London ASAP and hope that you can still do it before they stop accepting petitions.  If they refuse it, then you'll have to file the I-130 in the US and wait 7-9 months for the petition to be approved, then a few weeks after that the police certificates and other documents will need to be uploaded.  If the explanation you submit for not having a police certificate for China is not acceptable, you may have to go to China to get one.  Why do you think that a visa to visit China would be denied?  Did she do something while living there that is cause for concern?  I have been to China three times and every time the visa only took a few weeks with no problems.  Hopefully your explanation and supporting documents will be sufficient.  Good luck!