Click here to go to our new forums at http://tw.forumosa.com
If you are a Forumosan Regular, when you log in for the FIRST TIME, you must RESET your password by using the Password Recovery system.

Usernames on the new forums must not contain any SPACES and must end with LETTER or a NUMBER; if yours does, you will be prompted to change your Username
Contact us at admin(at)forumosa(dot)com or @forumosa on Twitter or on our Facebook Page if you have any questions or problems logging back in

Marry a PRC national and live in Taiwan?

Procedures, processes, JFRV, potential documentation difficulties, whether to get married in Taiwan or overseas, as well as legal basis for divorce in Taiwan, including all related problems and pitfalls, child custody, alimony payments, abandonment, extra-marital affairs, and other complications...
Forum rules
While the moderators are happy to help point people in the right direction for legal assistance and to attempt to keep these forums civil and tidy, please bear in mind that an Internet forum is not the place for providing or receiving legal advice or for the creation of any attorney-client privileges or obligations. Also keep in mind that Forumosa and the moderators cannot conduct comprehensive reviews of all laws or legal concepts referenced or discussed within these forums – laws and regulations are updated and amended, interpretations do change, and sometimes the legal landscape can change very fast. Forumosa provides these legal forums for general informational purposes only. By using these legal forums, you agree that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and any other posters on these forums. DO NOT CONSIDER THE FORUMS TO BE A SUBSTITUTE FOR OBTAINING LEGAL ADVICE FROM A QUALIFIED LICENSED ATTORNEY.

Marry a PRC national and live in Taiwan?

Postby halosinfire » 29 Aug 2014, 21:29

Hello Forumosa,

I am an American citizen here in Taiwan who is a holder of an APRC. My fiancée is a PRC national currently living in China. Our plan is to get married and then for her to move here to Taiwan. We're worried that this may present some difficulties due to the political situation between Taiwan and China. We have a few questions and we were hoping that someone on this forum may be familiar with our situation and would be able to kindly offer their advice to us.

1) Is it possible for her to simply come here to Taiwan and marry me here? Somehow I doubt it, but if so, after the marriage would she just apply for a marriage visa and stay here or is the marriage visa only for people who are married to a Taiwanese citizen, not another foreigner?

2) What about if we get married in the US while she is on a tourist visa? During our research, we've found the following: "You may enter the US on a tourist visa, marry a US citizen then return home before your tourist visa expires." Apparently, staying in the US after marriage on a tourist visa is a big no-no, but it's okay if we leave right away after the marriage. However, we would not be returning to her "home" country which is China, we would be coming back here to Taiwan, which is the home country of neither of us. But is this possible? Marry in the US, come back to Taiwan, and then apply for a marriage visa for her?

3) If one of the above is possible - we get married and live here in Taiwan - but then one day we decide to move to the US to live, what kind of challenge would that impose? She would be married to a US citizen, so I assume we would just have to apply for a Spouse Visa for her, but would we do that here at the AIT in Taiwan, or would we have to do that at the US embassy in China? If we have to do that in China, would we have to move to China for several months to wait while the paperwork goes through (I've read that the Spouse Visa can take several months to be processed) or could we accomplish this with a few quick visits to China? This is a concern because we will both be working here in Taiwan and I assume that if I would need to stay in China for a few months or longer, I would need to apply for some type of visa to do so, both of us quit our jobs here, and try to find temporary work in China before going to the US.

4) She is concerned that because of the political turmoil between Taiwan and China, that if it is possible for her to get a marriage visa to stay here, that she'll be asked to give up her PRC citizenship and passport. I don't think this would be the case because she would not become a citizen of Taiwan and get a new Taiwanese passport, but we would like to ask about this anyway. Has anybody heard of anything like this?

Well, thank you all for reading this and if you are able to answer any of the above questions, we would be very grateful. Also, if there are any other scenarios that we haven't thought of, please feel free to share. Thank you!
halosinfire
Ink Still Wet in Passport (shífēn xīnshǒu)
Ink Still Wet in Passport (shífēn xīnshǒu)
 
Posts: 4
{ AUTHOR_TOPIC }
Joined: 29 Aug 2014, 20:43



Marry a PRC national and live in Taiwan?

Postby hsinhai78 » 30 Aug 2014, 17:53

halosinfire wrote:Hello Forumosa,

I am an American citizen here in Taiwan who is a holder of an APRC. My fiancée is a PRC national currently living in China. Our plan is to get married and then for her to move here to Taiwan. We're worried that this may present some difficulties due to the political situation between Taiwan and China. We have a few questions and we were hoping that someone on this forum may be familiar with our situation and would be able to kindly offer their advice to us.

1) Is it possible for her to simply come here to Taiwan and marry me here? Somehow I doubt it, but if so, after the marriage would she just apply for a marriage visa and stay here or is the marriage visa only for people who are married to a Taiwanese citizen, not another foreigner?

2) What about if we get married in the US while she is on a tourist visa? During our research, we've found the following: "You may enter the US on a tourist visa, marry a US citizen then return home before your tourist visa expires." Apparently, staying in the US after marriage on a tourist visa is a big no-no, but it's okay if we leave right away after the marriage. However, we would not be returning to her "home" country which is China, we would be coming back here to Taiwan, which is the home country of neither of us. But is this possible? Marry in the US, come back to Taiwan, and then apply for a marriage visa for her?

3) If one of the above is possible - we get married and live here in Taiwan - but then one day we decide to move to the US to live, what kind of challenge would that impose? She would be married to a US citizen, so I assume we would just have to apply for a Spouse Visa for her, but would we do that here at the AIT in Taiwan, or would we have to do that at the US embassy in China? If we have to do that in China, would we have to move to China for several months to wait while the paperwork goes through (I've read that the Spouse Visa can take several months to be processed) or could we accomplish this with a few quick visits to China? This is a concern because we will both be working here in Taiwan and I assume that if I would need to stay in China for a few months or longer, I would need to apply for some type of visa to do so, both of us quit our jobs here, and try to find temporary work in China before going to the US.

4) She is concerned that because of the political turmoil between Taiwan and China, that if it is possible for her to get a marriage visa to stay here, that she'll be asked to give up her PRC citizenship and passport. I don't think this would be the case because she would not become a citizen of Taiwan and get a new Taiwanese passport, but we would like to ask about this anyway. Has anybody heard of anything like this?

Well, thank you all for reading this and if you are able to answer any of the above questions, we would be very grateful. Also, if there are any other scenarios that we haven't thought of, please feel free to share. Thank you!


1) I suggest you get married in Hong Kong. Your fiancee will only need an entry permit, which sill be much easier and quicker to get than a visa for the United States. You can also easily authenticate a Hong Kong issued marriage certificate at the TECO Hong Kong office.

2) As far as her coming over to Taiwan is concerned, it is possible. Exact procedure should be inquired at the NIA branch responsible for you.

3) The government on Taiwan considers "Chinese" and "Taiwanese" citizenship to be one and the same. What matters is household registration and the Taiwan government is definitely not forcing Mainland Chinese to change anything, in fact they are rather restrictive. Taiwan and Mainland China interact very differently from what you or your spouse seem to fear. There are direct cross strait flights nowadays and more than one million Taiwanese businessmen live in Mainland China.

4) Whether the AIT or any other consular post is responsible for you depends on your habitual place of residence.
User avatar
hsinhai78
Gravel Truck Driver (suìshí chē sījī)
Gravel Truck Driver (suìshí chē sījī)
 
Posts: 1384
Joined: 14 Apr 2012, 22:27
In Taiwan since: 01 Aug 2009



Re: Marry a PRC national and live in Taiwan?

Postby halosinfire » 31 Aug 2014, 19:46

Hi hsinhai78,

Thank you for your reply. My fiancée has already applied for and been granted a visitor visa for the USA. Do you still think it's best to get married in Hong Kong? If so, once the marriage is authenticated at the TECO office in Hong Kong, will she be able to apply for a marriage visa to be able to live in Taiwan or would she have to get some other kind of visa to come here, i.e. a work visa?
halosinfire
Ink Still Wet in Passport (shífēn xīnshǒu)
Ink Still Wet in Passport (shífēn xīnshǒu)
 
Posts: 4
{ AUTHOR_TOPIC }
Joined: 29 Aug 2014, 20:43



Re: Marry a PRC national and live in Taiwan?

Postby Liam Og » 04 Oct 2014, 14:52

I am going through that same process right now, to bring my wife and our son to Taiwan from the PRC. I contacted the national immigration agency in Taiwan and after a nightmare of misinformation I found a lady who told me exactly what I needed.

We had already gotten notarised marriage certs in China, in the capital of the province we were married in. I had to specifically tell the notary public that I needed copies to be sent by them to Taiwan. I think the term is a 台公证. I collected those at the straights exchange foundation in Taipei last week and made an application for an exit entry permit at New Taipei immigration. I needed my work permit, letter of employment, arc, passport, the notarised marriage certs, proof of address in Taiwan, details about my wife and her family including all the info on the Hukou and then some, some declarations in Chinese signed by me, and passport sized photos of my wife. I also had phtocopies of all my wifes documents, just in case. I cont remember which ones they looked at. A kind little old lady volunteer in the NIA office filled out and checked all the paperwork for me. On the second attempt the official accepted the application and it should be issued in two weeks. First day I went they sent me off because I only had photocopies, and not originals of a couple of the documents.

We are going to fly via Hong Kong to avoid the extra delay of applying for the Taiwan tong xing zheng from the PRC authorities. As a previous poster said you are also probably better off getting married in Hong Kong because you should have an easier process with the notarization rigamarole on the marriage certs.

As you can see there are a few hurdles and it takes a bit of time but it is doable. You just have to keep calm and focused when you meet the blind alleys and catch 22's.

Also don't worry it has no effect on her PRC passport or nationality.

That is interesting about whether she can use the foreign representative office in Taiwan, I have wondered the same thing about my wife. I guess they will direct you to Beijing. I applied for my wife's two year Ireland visa when we were living in Shenzhen. Just used the post, backed up with a telephone call or email here and there. It was a bit of a wind up but she got the visa. Doing that from Taipei is not so different to doing it from China outside of Beijing. You could just fly there then if or when they want to interview you.

You say that your wife will be working in Taiwan? Can you say anything else about this because I want for my wife to have the option to work here at some point in the future too, but right now I understand it takes years to get legal on that front.
Liam Og
Memorized My Password (gāng jìhǎo zìjǐ de mìmǎ)
 
Posts: 51
Joined: 18 Apr 2013, 19:21
In Taiwan since: 02 Apr 2009



Re: Marry a PRC national and live in Taiwan?

Postby hsinhai78 » 04 Oct 2014, 23:57

BillCollins wrote:
We are going to fly via Hong Kong to avoid the extra delay of applying for the Taiwan tong xing zheng from the PRC authorities. As a previous poster said you are also probably better off getting married in Hong Kong because you should have an easier process with the notarization rigamarole on the marriage certs.


CAREFUL !

The departure airport check-in staff in Mainland China may check and the HK authorities may also check if your wife has the necessary documents under PRC law to leave for Taiwan. She may not even be allowed on the plane to HK if she only has a PRC passport. PRC passport is only OK as a travel document as long as she travels to a foreign country - not to HK, Macau or Taiwan.
User avatar
hsinhai78
Gravel Truck Driver (suìshí chē sījī)
Gravel Truck Driver (suìshí chē sījī)
 
Posts: 1384
Joined: 14 Apr 2012, 22:27
In Taiwan since: 01 Aug 2009



Re: Marry a PRC national and live in Taiwan?

Postby Liam Og » 05 Oct 2014, 11:49

hsinhai78 wrote:
The departure airport check-in staff in Mainland China may check and the HK authorities may also check if your wife has the necessary documents under PRC law to leave for Taiwan. She may not even be allowed on the plane to HK if she only has a PRC passport. PRC passport is only OK as a travel document as long as she travels to a foreign country - not to HK, Macau or Taiwan.



She has a book for travelling to Hong Kong so that gets her past the PRC people with no questions asked. However I hadn't considered that the Hong kong immigration could also get shitty like this about allowing a PRC national to leave for Taiwan. Worst comes to the worst we can travel via Thailand instead. I better ring the Hong Kong immigration and find out what the official line on that one is.
Liam Og
Memorized My Password (gāng jìhǎo zìjǐ de mìmǎ)
 
Posts: 51
Joined: 18 Apr 2013, 19:21
In Taiwan since: 02 Apr 2009



Re: Marry a PRC national and live in Taiwan?

Postby hsinhai78 » 05 Oct 2014, 18:19

BillCollins wrote:
hsinhai78 wrote:
The departure airport check-in staff in Mainland China may check and the HK authorities may also check if your wife has the necessary documents under PRC law to leave for Taiwan. She may not even be allowed on the plane to HK if she only has a PRC passport. PRC passport is only OK as a travel document as long as she travels to a foreign country - not to HK, Macau or Taiwan.



She has a book for travelling to Hong Kong so that gets her past the PRC people with no questions asked. However I hadn't considered that the Hong kong immigration could also get shitty like this about allowing a PRC national to leave for Taiwan. Worst comes to the worst we can travel via Thailand instead. I better ring the Hong Kong immigration and find out what the official line on that one is.


Going to Thailand would require a visa.

Why not just apply for the Taiwan travel permit from the local PSB? That would appear easier(ad hoc issuance) and cheaper than lining up in front of some embassy...
User avatar
hsinhai78
Gravel Truck Driver (suìshí chē sījī)
Gravel Truck Driver (suìshí chē sījī)
 
Posts: 1384
Joined: 14 Apr 2012, 22:27
In Taiwan since: 01 Aug 2009



Re: Marry a PRC national and live in Taiwan?

Postby Liam Og » 05 Oct 2014, 21:23

hsinhai78 wrote:
Going to Thailand would require a visa.

Why not just apply for the Taiwan travel permit from the local PSB? That would appear easier(ad hoc issuance) and cheaper than lining up in front of some embassy...


Yea but the tongxingzheng takes two weeks and I will only have a 72 hour transit visa in China, plus I have to get back to work. I don't think they will stop her anyway. I am pretty sure that Hong Kong immigration would rather see the three of us on our merry way. But yea thanks for that point because it is possible so I will call the Hong Kong immigration info line tomorrow just in case.

Thailand has visa on arrival, we used it before, no problemo.
Liam Og
Memorized My Password (gāng jìhǎo zìjǐ de mìmǎ)
 
Posts: 51
Joined: 18 Apr 2013, 19:21
In Taiwan since: 02 Apr 2009



Re: Marry a PRC national and live in Taiwan?

Postby hsinhai78 » 06 Oct 2014, 11:30

BillCollins wrote:
hsinhai78 wrote:
Going to Thailand would require a visa.

Why not just apply for the Taiwan travel permit from the local PSB? That would appear easier(ad hoc issuance) and cheaper than lining up in front of some embassy...


Yea but the tongxingzheng takes two weeks and I will only have a 72 hour transit visa in China, plus I have to get back to work. I don't think they will stop her anyway. I am pretty sure that Hong Kong immigration would rather see the three of us on our merry way. But yea thanks for that point because it is possible so I will call the Hong Kong immigration info line tomorrow just in case.

Thailand has visa on arrival, we used it before, no problemo.


OK, good. Please keep us updated. It's sadly often the case that people ask questions, get answers and never bother to post any results.....
User avatar
hsinhai78
Gravel Truck Driver (suìshí chē sījī)
Gravel Truck Driver (suìshí chē sījī)
 
Posts: 1384
Joined: 14 Apr 2012, 22:27
In Taiwan since: 01 Aug 2009



Re: Marry a PRC national and live in Taiwan?

Postby Liam Og » 06 Oct 2014, 20:14

Just got email confirmation from Hong Kong immigration that all they require of a PRC national in transit to Taiwan is a PRC passport and the ROC exit entry permit. So it looks like I was over thinking that one. Better safe than sorry though.
Liam Og
Memorized My Password (gāng jìhǎo zìjǐ de mìmǎ)
 
Posts: 51
Joined: 18 Apr 2013, 19:21
In Taiwan since: 02 Apr 2009



FRIENDLY REMINDER
   Please remember that Forumosa is not responsible for the content that appears on the other side of links that Forumosans post on our forums. As a discussion website, we encourage open and frank debate. We have learned that the most effective way to address questionable claims or accusations on Forumosa is by engaging in a sincere and constructive conversation. To make this website work, we must all feel safe in expressing our opinions, this also means backing up any claims with hard facts, including links to other websites.
   Please also remember that one should not believe everything one reads on the Internet, particularly from websites whose content cannot be easily verified or substantiated. Use your common sense and do not hesitate to ask for proof.
Next




Return to Marriage



Who is online

Forumosans browsing this forum: No Forumosans and 0 guests