US spouse visa for Chinese nationals
What this visa is
The CR-1 and IR-1 immigrant visas allow the husband or wife of a United States citizen to move to the US permanently. The applicant enters as a lawful permanent resident and receives a green card shortly after arrival.
All immigrant visa applicants from mainland China interview at the US Consulate General in Guangzhou, which is the only post in China that processes immigrant visas.
If the couple has been married for less than two years when the applicant enters the US, the visa is a CR-1 with a conditional two year green card. Two years or more and it is an IR-1 with a ten year card.
Who can apply
You can apply if you are legally married to a United States citizen and the marriage is valid where it took place. A marriage in mainland China must be registered with the Civil Affairs Bureau, which issues the red marriage certificate booklet to each spouse.
Both spouses must have been free to marry. A previous marriage must have ended in divorce registered with the Civil Affairs Bureau or by court judgment, or by the death of the spouse.
Who can sponsor
The sponsor must be a United States citizen. Spouses of green card holders apply in the F2A category, which is subject to annual limits and a waiting list.
The sponsor must live in the United States or show an intention to re establish domicile there by the time you arrive.
Financial requirement
The sponsor signs Form I-864, the affidavit of support. It is a contract with the US government that can be enforced against the sponsor in court.
Household income must be at least 125 percent of the federal poverty guidelines, which is $27,050 for a household of two in the contiguous states. Shortfalls can be covered with assets worth three times the gap, or with a joint sponsor who meets the test independently. Active duty military sponsors need only 100 percent.
Step one: the I-130 petition
Your spouse files Form I-130 with USCIS from the United States, together with the marriage certificate, proof of US citizenship, photographs together over time, travel records showing visits to China, communication records, and any joint financial ties.
Once approved, the case is transferred to the National Visa Center.
Step two: the National Visa Center
The National Visa Center collects the DS-260 application, the fees, the affidavit of support and all civil documents. The case only progresses once it is documentarily qualified.
Chinese civil documents are supplied in a particular form. Rather than sending the original household or civil registry record, applicants submit notarial certificates issued by a Notary Public Office, each with an English translation attached by the notary.
Step three: the interview in Guangzhou
Interviews take place at the US Consulate General in Guangzhou. Applicants from Beijing, Shanghai, Shenyang, Wuhan and elsewhere must travel there.
Interviews can be conducted in Mandarin or Cantonese. Bring original documents, including the marriage certificate booklets and your hukou, even where scans were uploaded earlier.
Medical examination
You must be examined by a panel physician approved by the consulate before your interview. The designated clinic is in Guangzhou and appointments are booked in advance.
The examination covers a physical check, chest x ray, blood tests and required vaccinations. Bring your vaccination records. Results go directly to the consulate.
Notarial certificates and police records
Chinese applicants provide notarial certificates (公证书) issued by a Notary Public Office in the city where the record is held. The set normally required is:
- Notarial certificate of birth
- Notarial certificate of marriage
- Notarial certificate of no criminal record, which serves as the police certificate
- Notarial certificate of divorce, if you were previously married
The notarial certificate of no criminal record is normally issued on the basis of a police record check from your local Public Security Bureau. Certificates should be recent. If you have lived in another country for twelve months or more since turning 16, you also need a police certificate from that country.
Documents needed
- Valid Chinese passport
- Marriage certificate booklet issued by the Civil Affairs Bureau
- Notarial certificate of marriage
- Notarial certificate of birth
- Notarial certificate of no criminal record
- Notarial certificate of divorce, if previously married
- Hukou household register
- Resident identity card
- Court and prison records if ever arrested or convicted
- Sponsor’s proof of US citizenship
- Sponsor’s federal tax return, W-2 forms and recent pay stubs
- Completed Form I-864 with supporting evidence
- Medical examination results from the Guangzhou panel physician
- Two US visa format photographs
- Evidence of a genuine and continuing relationship
Costs
- Form I-130: $625 online, $675 on paper
- Immigrant visa application fee (DS-260): $325
- Affidavit of support review fee: $120
- Medical examination in Guangzhou: typically $150 to $300
- Notarial certificates: modest local fees per certificate
- USCIS Immigrant Fee after the visa is issued: $235
Verify current amounts on the USCIS and Department of State websites before paying.
Processing times
The I-130 stage at USCIS commonly takes from several months to well over a year. The National Visa Center stage can be completed quickly if your notarial certificates are correct first time. Interview availability in Guangzhou is the final variable.
Plan for a total of twelve to twenty four months from filing to arrival.
After approval: what comes next
Your passport is returned with the visa and a sealed packet that must not be opened. Travel before the visa expires, normally within six months of the medical examination.
Pay the $235 USCIS Immigrant Fee online before you fly, otherwise the green card will not be produced. You can work immediately on arrival and can apply for a Social Security number.
If you hold a CR-1, you and your spouse jointly file Form I-751 in the ninety days before the two year card expires.
FAQs
We registered our marriage at the Civil Affairs Bureau. Is that enough?
Yes. Civil registration is what makes the marriage valid. You will also need a notarial certificate of marriage for the visa file.
Do I need a notarised translation of every document?
Notarial certificates are issued with an English translation attached by the Notary Public Office, which is what the consulate expects. Other documents in Chinese need certified English translations.
Can I interview in Beijing or Shanghai instead of Guangzhou?
No. Guangzhou is the only post in mainland China that handles immigrant visas.
Does my hukou matter?
Yes. The household register is used to confirm identity and family relationships, and inconsistencies between the hukou and other documents attract questions.
My spouse works overseas. Does that income count for the I-864?
Foreign income generally does not count unless it will continue from the same source after the move to the United States. Sponsors in this position often use a joint sponsor.
Are applicants from Hong Kong, Macau or Taiwan covered by this guide?
No. Those applicants are processed at different posts with different civil document requirements.