How can my Chinese wife have second child in China as we are waiting for immigration to USA to take place?

Question

We are in Hunan province, were married there and my wife is of Han descent, so not a minority and already has a male child from a previous marriage.  From previous research we thought that because I am an American Citizen that the law did not apply, but it seems that the Chinese law only allows one child per family.   We are not both only children as well, so that rule does  not apply.  There seems to be a fine that might need to be paid and or a permit that we need to have the child.  We are in immigration proceedings to the USA  and it will take maybe more than 12 months to get to the States.  We both want the child, so what options besides waiting on having the child are available to us?    The question that I most want the answer to is does the law apply to each marriage or does it apply to the mother only as that is not so clear to me?  In other words, if she was divorced before and had the first child by another father, am I allowed to have a child with her as well or would that make 2 children?

George L · Accepted Answer

why would it take 12 months to get an immigrant visa to go to the US? if you're resident in China, why wouldn't you be able to file the I-130 petition directy through the embassy for interview in Guanzhou? hoave you talke to them about that? I can't speak as an expert on China' One Child Policy, but if you think there's a risk of being forced to pay fines or worse, you should start by talking to the nearest consulate or the embassy and see what can be done on your wife's immigrant visa case.

Anonymous · Answer

If your wife happens to be a Hunan resident (with HUKOU residence registration in Hunan), and if your wife has only one child from previous marriage, then under article 15 of Hunan Population and Birth Control Regulation, you may still request to give birth to another child.

Section 3 of Article 15 says if one parent has only one child prior to the new marriage and the other parent does not have a child, the parents can request to give birth to another child.

Actually, such exceptions under article 15 is categorically applicable throughout China.

Herby · Answer

I think it will still apply so you should have your child when you get to the states. You have a Chinese wife which means its a Chinese family so the government will still fine you or something if you raise another child.

Anonymous · Answer

one child only.  it's population downsizing.  one child per family (defined as man, woman, and child).  by default, you already have one child.  smart move is to wait til your immigration is taken care of.  you do not want to push the chinese government.

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How can my Chinese wife have second child in China as we are waiting for immigration to USA to take place?

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