US Citizen father, Chinese citizen mother, child born in China, citizenship issues?

[matrixwalker]

I am a US Citizen (born and raised and lived continuously in the US over 30 years), my wife is a Chinese citizen, and she is currently still in China waiting on her immigrant visa CR-1 to complete and she is pregnant with our child. The child will be born later this year while my wife is still in China.

She intends to join me in the US next summer with the child. Now the question is, how do we deal with the child?s nationality? I intend to file a Birth abroad record with the US Consulate in Guangzhou soon after our child?s birth, and my wife does not intend to register our child to her Hukou. From me, our child is entitled to US Citizenship, and we intend to get the child a US Passport, but as soon as the passport is issued, our child will become a foreigner in China with no recorded visa entry? From what I?ve heard, the Chinese authorities will consider the child to have Chinese nationality and will not recognize our child?s US Citizenship and not issue a visa to our child and won?t let our child leave for the USA without a US visa? I?m quite confused as to the exact process for bringing our child over. How do I make sure our child is issued US nationality while still staying with its mother in China for a few months before moving to the US?

Any help would be great! Thanks!

[newacct]

I am a US Citizen (born and raised and lived continuously in the US over 30 years), my wife is a Chinese citizen, and she is currently still in China waiting on her immigrant visa CR-1 to complete and she is pregnant with our child. The child will be born later this year while my wife is still in China.

She intends to join me in the US next summer with the child. Now the question is, how do we deal with the child?s nationality? I intend to file a Birth abroad record with the US Consulate in Guangzhou soon after our child?s birth, and my wife does not intend to register our child to her Hukou. From me, our child is entitled to US Citizenship, and we intend to get the child a US Passport, but as soon as the passport is issued, our child will become a foreigner in China with no recorded visa entry? From what I?ve heard, the Chinese authorities will consider the child to have Chinese nationality and will not recognize our child?s US Citizenship and not issue a visa to our child and won?t let our child leave for the USA without a US visa? I?m quite confused as to the exact process for bringing our child over. How do I make sure our child is issued US nationality while still staying with its mother in China for a few months before moving to the US?

Any help would be great! Thanks!

Your child will automatically have both Chinese and US nationality at birth. According to article 4 of the PRC nationality law, any child born in China to at least one Chinese citizen parent has Chinese nationality.

For such a child with dual nationality to leave China, the child will need to get an PRC Entry/Exit Permit, and not a PRC passport. They will use the Entry/Exit Permit along with their US passport to exit China.

[Mike E]

I am a US Citizen (born and raised and lived continuously in the US over 30 years), my wife is a Chinese citizen, and she is currently still in China waiting on her immigrant visa CR-1 to complete and she is pregnant with our child. The child will be born later this year while my wife is still in China.

She intends to join me in the US next summer with the child. Now the question is, how do we deal with the child?s nationality? I intend to file a Birth abroad record with the US Consulate in Guangzhou soon after our child?s birth, and my wife does not intend to register our child to her Hukou. From me, our child is entitled to US Citizenship, and we intend to get the child a US Passport, but as soon as the passport is issued, our child will become a foreigner in China with no recorded visa entry? From what I?ve heard, the Chinese authorities will consider the child to have Chinese nationality and will not recognize our child?s US Citizenship and not issue a visa to our child and won?t let our child leave for the USA without a US visa? I?m quite confused as to the exact process for bringing our child over. How do I make sure our child is issued US nationality while still staying with its mother in China for a few months before moving to the US?

Any help would be great! Thanks!

Without a Chinese birth certificate lifting the names of both parents you are unlikely to get your child a CRBA.