Switching to Q1 visa while in China / Asia

[djkasumi]

Hey guys,

 

So originally I got married to my Chinese wife in America and came over to stay with her while she finishes up school. I was stupid and simply applied to get a Q2 (short term family visa, it has 2 years validity and I can stay up to 90 days per entry) visa so that I could get over here, find a job, and then switch to a work visa or something like that.

 

Well, obviously this plan didn't go so well. I avoid teaching at all costs, and so I applied for jobs where I have somewhat useful skills (Chinese language ability, localization, IT skills including some web development, GIS, etc) -- I wasn't able to find a real full time job until after 5 months of looking in Guangzhou. Now this job I worked there for 3.5 months and they were just AWFUL. They paid terribly for me to do translation, IT, and social networking, but I was taking it anyway in hopes that they would at least get me a work visa and such. Well guess what... they didn't... so I quit.

 

Now I'm thinking my next best choice is to switch to a Q1 visa. Is there any way I can go through one of those HK agencies or apply in HK myself to switch from a Q2 to a Q1? We have all the necessary documents, such as proof of our marriage, etc. -- but I just need to know that it's possible. If not, what's my next best choice for getting a residence permit?

 

Thanks~!

[roddy]

The Q1 and Q2 visas are relatively new, so not sure how much info there is out there. In the past though I think you'd have just gone down to the local Entry-Exit bureau and apply there for a long-term L visa (think they used to give 1 year for spouses). That's where I'd start - give them a phone or head down there with all your documentation and see what happens. 

[xuefang]

I changed from S2 to Q1 residence permit in Guangzhou last year. Like Roddy said, get all your documents ready and go to the local Entry-Exit Bureau and apply for the Q1 residence permit. I got 2 years residence permit when I applied last time, perhaps because my husband is a local. Should be no need to leave China for this.

 

If you need more information, you can read my blog post about it: http://sarajaaksola.com/marriage-residence-permit-in-china/

[djkasumi]

Thank you both for your fast responses. That would be awesome if I can talk to them and convince them to let me switch to Q1. I'll go to the Entry-Exit Bureau tomorrow then and ask first.

[djkasumi]

Alright, after having tons of issues with the 公安局 and other peoples, I'm officially stuck again.

 

We need to provide proof that our American marriage certificate is real. We can't get re-married in China, because we've already been married in America (meaning I cannot provide proof that I am single). I've searched far and wide across the web for people in this situation, but it seems extremely rare.

 

Has anyone had their American marriage certificate or other documents notarized by the Chinese government before in order to affirm their authenticity? Must it be done by the Chinese consulate back in America (or other home country)? Is there no other way to do it while still inside China?

[xuefang]

I would ask your American embassy in China on how to proceed, my guess is they need to notarize/legalize it first, then you notarize/legalize it at the foreign affairs office in Guangzhou. But ask your embassy first.

[djkasumi]

Here to report back the results thus far. I haven't asked the American embassy their opinion yet, but the Chinese gov't stance according to the 公证处 and 出入境 are as follows:

 

(Assuming you're American in this case) If in China, you must take your marriage certificate and mail it BACK to the US to the Chinese consulate that has jurisdiction over the place where you married. In my case, the San Francisco consulate would take our American certificate and give it official Chinese notarization for a fee of $20. We would then have to pay for it to be mailed back here or have a friend mail it back here to China.

 

Everyone on the Chinese side of things has claimed this is the ONLY method. I suppose unless you have some serious inside connections notarization or something, then this truly is the only way.

 

In other news, anyone have experience with maybe ... using unscrupulous methods to obtain a "Affadavit of Single Status" and just marrying again in China?

 

At this point, we're thinking that both methods are gonna take us the same amount of time and money, unfortunately. So we'll see how things go next. I'll be talking to the American consulate tomorrow to see if they can give any inside info.

[djkasumi]

An update for anyone else who has this issue and doesn't want to deal with the stupidity that is 公证 .

 

If you're an American (and for some other countries too) you can take the more shady route of going and getting a "Marriageability Certificate" or proof that you're single by simply making such a statement and signing it in front of a consular officer. At least for Americans, they don't care at all and won't really check if you're married or not. Then, you can take this and get married in China. Go straight to Go. Collect $200. Congrats, you now have an official Chinese marriage certificate as well as your foreign one. Makes any other issues requiring such documentation a lot easier.

 

I'm now all good to go to Chongqing 出入境 and get my Q1 residence permit. The 出入境 in CQ possibly? decided to be a jerk and asked for proof of funds as well (even though this is not written anywhere on the pamphlet, nor did the Guangzhou 出入境 ever say anything about requiring this). But, it should all be fine, I'll be going to turn in all documents tomorrow.