Question

Asked by Yilmaz from turkey | Jan. 09, 2020 01:18

About:Overstaying in China & Penalty

Over staying in China.

Hello, I’m overstaying here in China for 2 years and 3 months. I’m a Turkish citizen and was married with a Chinese lady and was here till 2017 September on a marriage visa. When we got divorced here in China, she refused to go to the Turkish Consulate to get divorced in Turkey, as well. And she kept asking for money to do that(which I can prove through the wechat messages). Therefore I couldn’t leave the country as it meant I could never get married again. So, I’ve taken the risk to overstay my visa and started look for her. I still couldn’t but in the process I met my girlfriend and she got pregnant last year and our son is now 4 months old and therefore I couldn’t turned myself in for another year. What cam&should I do?
Thank you in advance.

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Answers (1)

Answered by John Doe | Jan. 09, 2020 18:51

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What you should do (if you have not done so) is to contact a lawyer in Turkey to see if a local court will dissolve your marriage based on the fact that you have already divorced her elsewhere. I would agree that you should stay within China (even without status) before this is resolved. However if you are willing to pay then finding your ex-wife should not be hard at all (her WeChat and her phone number are both tied to her ID card).

Your son's situation is more complicated as he does not legally qualify for hukou (since his parents are not married) so it is up to you to decide whether to register him as a Turkish citizen to the Chinese authorities, or to pull some strings to get hukou for him (which may be complicated as you are not a Chinese national). The situation with your girlfriend can also be a factor as you may have to register your marriage before you can register your son for hukou.

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