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because_of_ghosts t1_j6e4rhe wrote

Reply to comment by fatevilbuddah in TIFU by sending my pregnant wife to China by zubekakkin

China will not extradite to the US, why do you think they would surrender a US citizen just because our government asked them to?

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fatevilbuddah t1_j6ek6ao wrote

Is it worth an international incident with a superpower already getting ready to go to war with them over Taiwan? The politics will be easier to just let her go than to try and negotiate like Russia did with someone who broke the law? This administration is not terribly good at getting stuff done, but this is a much lower profile, fairly standard issue of passport control and visa issue. She won't have a social credit score unless she's been there for a while, and being married to an American would make her an undesirable rather than a bargaining tool. I would think it could be cleared up between 2 low level functionaries at desk jobs, especially as open as this administration has been towards China. I can feel the OPs helplessness and I agree, it's a fucked up situation, but not a hard fix, just a red tape one. The citizenship issue as far as becoming a dual Chinese citizen isn't a problem because China doesn't have dual citizens. The baby will be one or the other, and if Chinese law says the baby can't be Chinese then the American government will claim the baby because of its American Father. More paperwork. In the meanwhile, she can apply for asylum, as a married to citizen visa and passport, may even be able to take the citizenship test at the embassy and become naturalized which would make it a LOT harder for China to hold her. The media here would eat that up. In the end, it will come down to some forms, a lot of sweat on both parents behalf, and some paper pushers trying to get it done before it becomes a real paperwork nightmare. If there's 1 thing all people hate, it's paperwork, and the CCP has a LOT more than we do. Even if its only to save a tree they will get it done. The only REAL problem is if neither is American to begin with, in which case best bet is apply to the UN for a Nansen passport for stateless people. Most governments recognize that and will allow travel on them, and once out of China the process will be easier.

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brackenbu t1_j6ep41b wrote

You are joking right? You think it would be an international incident because they never flew a woman back to America? Get real. It happens all the time and if you think countries will be more forced to go to war because of one pregnant woman, you’re an idiot. There will be no negotiations, this isn’t something that goes straight to the presidents it’s something that will be handled by people working in the embassy. Ie in letters and phone calls. Not dealing with higher ups. She’s a Chinese citizen, just because she’s married to an American citizen doesn’t mean she immediately gets shipped to America. That’s a delusional image to portray.

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fatevilbuddah t1_j6fcgxo wrote

My point exactly was that this wouldn't be an incident specifically because it's not worth it. Reread the post. It will be a paperwork issue, and the fact she's married to an American (if that's right) gives her American citizenship. There will be or usually is spot checks for a few years to make sure they actually are married, but otherwise for all intents and purposes, she SHOULD be American by marriage. Happens all the time with Europeans. Unless the rules are different in dealing with China, unless he's not a citizen, she shouldn't even need a green card.

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zubekakkin OP t1_j6ftsak wrote

I don't know if you guys understand. China is not holding her hostage. The USA is the ones who are not letting her come into the USA yet.

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fatevilbuddah t1_j6getqh wrote

She was here and went back to not overstay her visa. Commendable for sure, but it seems the Chinese consulates are ghosting her. Sounds like they don't want her to come to America to me. Lord knows if you say something wrong over there, the party knows immediately, so how could they NOT know about a situation like this? Either it's political, or they really really want this baby to be stateless so that the US doesn't get another Chinese baby, and they don't have to offer the baby any of the "rights and privileges " afforded to the rest of china

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zubekakkin OP t1_j6gla4t wrote

It's the American consulate in China.

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fatevilbuddah t1_j6pbgvg wrote

Read it wrong, my bad. I would say just go to the place physically though. If they have a legit case then they should be heard. Politics only goes so far.

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zubekakkin OP t1_j6ftzxv wrote

Also, I should clarify because this doesn't seem known. Being married to an American does not give someone the right to US citizenship. It makes them eligible to apply for a green card with a number that is not limited. However, it still takes 12- 18 months and costs at least 1500$ and that is when things are good.

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fatevilbuddah t1_j6ge7uo wrote

I know, but this op sounds like they would pass the sniff test no problem. It's not a mail order bride situation. I will have to reread the op but I think they already had one kid here, if my brain is running right, which makes it an even easier thing to do. The 12-18 months is the total time but you can get a temp card immediately if you're not a suspicious family. I have friends who did it. It's a matter of getting a good immigration lawyer and if the state has no objections, it's a done deal. This op doesn't seem to say money is nonexistant, and even then pro Bono work and even law students can help fill out paperwork and offer free advice, just not as a professional. It's not fast and easy, it's slow, tedious and full of red tape, but its not hard, just more annoying than most people will deal with.

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zubekakkin OP t1_j6gllrk wrote

My understanding is that if we were to enter the country on a tourist visa and overstay, then we would be ineligible for the green card because we entered the country under false pretenses and that disqualifies you from getting residency. Yes, one child is American but was born abroad.

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fatevilbuddah t1_j6pb87j wrote

Get in on your tourist Visa, and apply for asylum and your card from here, do it without overstaying. You have an American son, and thats generally an almost given that they will work with you and make you a special case. The fact is you should be able to go to the American embassy wherever you are and ask to talk to someone but you're not sure who. They will help direct you to the right place, and because your son is American, they will help with the paperwork and help expedite it. You probably wouldn't even be on a tourist Visa. There is a list of visa types, legnths and rules and I'm sure there is one for your situation that may be much more beneficial. Hell, ask at the embassy if you can do a naturalization test at the embassy. Then you don't need to file for a green card. You're an American and you're going home with your new passports.

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