Can I work legally with a marriage-based ARC?

I’ll call Nia on Monday to double check, but ya, so far it looks good and way better than that 3.5 month timeline for getting the results.

It may depend on what you need the background check for. The criminal background check for US citizens trying to obtain a spousal ARC has to be authenticated by TECRO in Washington DC. They won’t accept a channeler-produced report unless it has an apostille from the US State Department. But they WILL accept a background check that came directly from the FBI without the apostille. I got this info from calling TECRO DC, who are the people that actually do the authentification.

Possibly it’s faster to to through the channeler for the FBI check, then obtain the apostille from the US State Dept, then get that authenticated at Tecro Washington. I don’t know how long it takes to get the apostille, but it will tack on a couple of weeks at least, especially if you have to do it remotely. It will also cost more money and introduce more postal risk (ie, your documents get lost in the mail or mailroom). I just figure that one less layer of dicking around is better than one more layer, which is why I recommended that he go with the direct FBI method (this is also what I did earlier this year). Also, the guy is planning to get married next year, so he can start on the process now and have the paperwork ready in January – obviously, your situation may be different.

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Hey @mmstoin, sorry to jump on your thread. I saw a your post about your ARC expiring while in Taiwan. I’m in the same boat; I was in the hospital and my ARC expired and was told I can’t apply for a new visa while in TW. Can you tell me what you did to fix this? Did you go to Hong Kong and just apply for a new resident visa and then come back to TW? Where did you apply at? How long did you have to stay in HK to process the visa?

I’m a student BTW. It would really help me out if you can provide the answers to these questions. Thanks a ton.

10 years teaching illegaly, you must be out of your mind son

I never had an ARC. What expired was my visitor visa. I overstayed 28 days and had to leave to Hong Kong to apply for a new VISA.

For more info on how I solved my issue visit this thread
/t/visa-overstay/161559/53

As for being out of my mind, ya, that’s possible.

Back to situation, unfortunately progress has been slow on getting this this background check. I keep reconsidering which method to do and if I end up doing what everyone suggests and going directly through FBI the soonest this can get done is 3.5 months from now.

So I wanted to ask more questions so I feel confident in the process I end up choosing.

First, something I’ve never seen brought up. What about getting the background check in person? Unless I’m mistaken I’ve read in the states there are places you can go to get your federal background check in person at specific locations. I was considering making a trip in December anyways for the holidays so maybe it’s a possibility. I know even if it is possible I would still need to send the documents to TECO to authenticate them.

Secondly, what makes going through a channeler so much of an extra hassle? Is it because of the extra cost? Or because once you receive the documents you’ll have to then send them to TECO? For me the extra cost isn’t a burden and would feel at ease the sooner I can get this part done. Am I missing something? Also, I don’t know what this apostille thing means at all. What I’m reading is TECO will accept the check directly from the FBI without an apostille but if I use a channeler I’ll have to send it to an apostille, then send it to TECO, correct?

Sorry if some of those questions have already been answered, I’m just trying to reiterate everything so it is in terms I understand it.

yes, it is correct.
Apostille is done at the US Department of State in Washington D.C., and it seems you can mail the document to them with long processing time, or submit it there in person in a few days, or there are businesses doing that for you.

Hey guys, long time no update.

One reason no update was because I ended up going the route of getting the background check through the FBI then having sending it to TECRO. I sent away my fingerprints and documents back in mid December so I probably won’t get the background check until mid March when I’ll have to send it to TECRO then back to me in Taiwan. It seems like I’m still a couple months off from actually getting the marriage done.

Until then, as always, I have questions and concerns.

Since getting my bad stamp last July, it’s been a terrifying nightmare going through immigration in Taiwan. So far I’ve done it twice, and I’m about to do it a 3rd a time. First time the guy gave it a good hard look before eventually letting me in. The next time was far worse, the girl wasn’t sure what to do because of the stamp so called people over, it was incredibly nerve wracking and she kept asking lots of questions. She also mentioned something like “Wow, you come to Taiwan a lot.” Which I guess my first question would be, did she say that based on the two times I’ve entered because that’s all there is on my new passport, or because she was able to see all my past entries from past 10 years on her computer or something? Anyways, I feel like I barely got through and it scared the shit out of me.

So, now I’m out of the country again and coming back soon. I want to know best a worst case scenario kind of stuff. Obviously best being I get in no questions asked which is literally what I’ve been doing for about 10 years. One argument is after going so well so no, I shouldn’t sweat it or think it any different. Though another train of thought is I’m overdue for some bad luck, especially with my overstay making immigration check a little closer.

  1. If questioned, what things should I/shouldn’t I say? Should I plead the 5th so to speak to avoid digging myself in a hole, or should I give the truth about arranging to marry my current GF in Taiwan. Say I’ve been living with her and her family all this time. etc. In general, I would like to know if anyone knows what would happen to me if they pull me aside and won’t let me enter. Which leads to.

  2. If they reject me, what happens? Like currently my need of having a VISA lasts until July this year. Would I not be able to enter the country again until I get a VISA after that time? Or would being denied on my next visit mean starting from that new date I’d be barred entering until a certain time?

  3. If I can’t get in, what can I do? This does tie into my seeking further education. Currently I have two ideas to start school in fall. Either the totally online way as mentioned earlier in this topic through an American school. Or, enroll in a university here in Taiwan, hopefully with a scholarship. Would becoming a student in an upcoming semester allow me to enter again if I was rejected? Whether it’s yes or no, are there other options?

I hope I can message here soon that I made it through, but until then I have a lot of anxiety. I know I haven’t made the right choices all the time but I’m finally trying to change that and legitimize my status. I know I can do it, and I can do it soon, but I need to be able to enter the country at least one more time until that to make it happen.

Any advice, stories, or info would be much appreciated.

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Well I made it back no problem so that’s a relief, though just like the other 2 times, they gave me extra scrutiny before eventually stamping my passport.

Just waiting for the background check that should arrive sometime in mid March, then I’ll send it to TECRO and then back to me here in Taiwan. I’ll keep updating as things progress, hopefully this thread can be useful to others.

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Some updates

So I finally got my FBI background check last week. Coincidentally I noticed it seems there is now and online option to get it. I wonder if that would work in this process. Either way, it’s a shame it wasn’t available when I started my process. And ya, it came back clean.

I had that sent to my home in the states. I have a family member helping me send it to TECRO which is the current step. My family member helped me send the documents with a prepaid envelope address to my home in the USA. Once they receive the stuff back from TECRO they’ll mail it to me in Taiwan.

The progress seems good and if all goes well I should have the marriage license soon, latest July if I must wait for my bad entry stamp to expire which I’ve heard mixed answers on.

However, just like my concern a few months ago, I have the same concern yet again. I must make a trip in early May so I can come back to extend 90 more days which would include the July date mentioned.

I’m quite worried I might not get back this time. Though I’ve done is dozens of time, the pressure feels real this time since it would be the absolute last time I would ever need to do this. I’m so worried they might interrogate me and deny me entry.

So once again, I hope I can get some helpful advice, if not, then the honest truth what I’m up against. I feel it all comes down to the customs agent. Plenty are just trying to move things along and as long as you have your docs in order they’ll stamp you through which has been my experience 90% of the time. However, ever since I got the bad stamp in my passport last year every time I’ve entered since has been incredibly stressful. Each time they seemed unsure what to do, asked more questions, called others over to see how to deal with my situation. And I feel one time, possibly this time they might take it to the next step and interrogate me and deny me entry.

Am I being overly paranoid? What’s the worse that can happen? Like if they did deny me entry this time, would I be banned an additional year? Or til my current bad status expires? Or worse since they are compounded? I just wanna know more so I can prepare for the worse.

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What’s the status report champ?