A Candle for Love - DCF & HK FAQ

 


CONTENTS:

1)     Section 1 每 Questions related to direct consular filing (DCF) and issues at Guangzhou and other posts.

2)     Section 2 每 Questions related to getting married in China

3)     Section 3 每 Questions related to HK and other posts

 

 

IMPORTANT NOTE:
These are compilations and consolidations from other peoples questions and answers posted on the Candleforlove.com web page and other pages. You should read this FAQ with that in mind, because things change faster than this FAQ.

 

If the question or answer is familiar to you, thank you for your contribution.  In some cases, the original has been edited for this FAQ. These questions and answers are only related to the visa process for those petitions going through the US Consulate in Guangzhou. If you find something that does not seem correct, please email or post about it, that way this FAQ can be updated. Remember these questions and answers are based on other people*s opinions or experiences only.

 

 

WHERE TO GET FURTHER INFORMATION:

1)     This FAQ will contain common and frequent questions but may not have some information you need.  It is recommended that you look at the following CFL FAQs:

2)     http://candleforlove.com/forums/index.php?showtopic=11293

a.       CFL EZ-FAQ (single document FAQ)

b.      CFL Visa FAQ

c.      CFL DCF & HK FAQ

d.      CFL P3 FAQ

e.      CFL P4 FAQ

f.       CFL Interview FAQ

g.      CFL Interview Questions FAQ

h.      CFL AOS FAQ

3)     CFL searchable database (www.candleforlove.com)

4)     Visa Journey FAQ (http://www.visajourney.com/faq/k1faq.htm )


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DCF Frequently Asked Questions

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Section One: General Questions and issues for Guangzhou and other posts

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Q.1.1 What is a FAQ?
Q.1.2 What is DCF?

Q.1.3What are the requirements to directly file at the consulate?

Q.1.4Where can one file?

Q.1.5Filing at Beijing

Q.1.6Filing at Chengdu

Q.1.7Filing at Shanghai

Q.1.8Filing at Shengyang

Q.1.9Filing at Guangzhou

Q.1.10Issues related to NOA1 and NOA2

Q.1.11Issues related to P3

Q.1.12Issues related to P4 & I-864

Q.1.13Issues related to Interview

Q.1.14Issues related to Domicile?

Q.1.15How long does the DCF process take?

Q.1.20Where are the interviews held?

Q.1.21What is an overview from marriage to 10 year card?

 

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Section two: Questions related to marrying in China

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Q.2.1Does it matter where we get married in China?

Q.2.2How do I get the single certificate in China?

Q.2.3How do I get the single certificate in the US?

Q.2.4What if I am divorced, do I need a divorce decree?

Q.2.5Is there a sample document for single status?

Q.2.6Declaration of not related to future wife?

 

=====================================================================

 

Section three: Questions related to HK (and other posts)

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Q.3.1How about filing at posts other than mainland China?

Q.3.2Traveling to Hong Kong (ie: marriage and related issues)?

Q.3.3Hong Kong vs Mainland Differences?

Q.3.4US based filing; Hong Kong interview?

Q.3.5Hong Kong filing, GUZ or HK interview?

Q.3.6Sydney, Australia?

 

=====================================================================
=====================================================================
The Answers.
=====================================================================

Section One: General Questions

 

------------------------------------------------------------------------------------------------------------------
 (Edited 25 Nov 2005)

Q.1.1 What is an FAQ?

A.1.1.1
FAQ is an acronym for Frequently Asked Questions.

A.1.1.2
When there is a FAQ available on a web site or forum, it is there to help people who are new to the subject get a basic level of understanding by answering the questions that are frequently asked. It is considered common courtesy in the on line world to read the FAQ before posting your question as it may already have the answer you need, or it might help you to formulate your questions so that someone else can more easily help you when you ask them.

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(Edited 25 Nov 2005)

Q.1.2 What is DCF?

 

A.1.2.1

It's a street term for ※Direct Consular Filing§. It is NOT an official term.

 

A.1.2.2

When a USC is a resident in a foreign country, they *may* be able to file the I-130 at the US embassy in the foreign country rather than sending it to the US for adjudication. Generally, a DCF filing gets approved and forwarded to GZ much faster than an I-130 filed through one of the service centers in the US.

A.1.2.3

What you are describing is a DCF where you file the I-130 directly with the embassy/consulate rather than sending it to the US for processing. She will get a CR-1 visa out of it and on entry to the US an I-551 stamp. That will be her temporary green card until the physical one arrives in the mail. She can work (with an SSN) and travel out of the US and back without any issues. The only other thing needed is two years after getting her green card is filing to remove conditions.

 

A.1.2.4

As a small note, DCF can only be done for a spouse, and it is an immigrant visa (CR1). You can not do a K visa DCF.

 

A.1.2.5

More info:

 

Visa Journey:

http://www.visajourney.com/forums/index.php?autocom=custom&page=compare

 

 

9 FAM:
http://foia.state.gov/masterdocs/09fam/09n0200.pdf

 

DIRECT CONSULAR FILING (DCF):
http://www.usaimmigrationattorney.com/DCFandnoDCFcountries.html

 

 

001:

DCF Visa Flow Chart:

http://www.laogonglaopo.com/001files/ChinaCR1_FlowChart_EN_Rels.htm



 

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(Edited 8 July 2006)

Q. 1.3 What are the requirements to directly file at the consulate?

 

A.1.3.1

As a general rule, the petitioner must reside in the consular district but the residence or even physical presence of the beneficiary is immaterial. The petitioner must execute the petition in person before the consular officer.

 

A.1.3.2

You do not need to wait 6 months after you get your residence book. I only had my residence book for a few weeks before I filed. And I know people who filed the day after they got their residence book.

A.1.3.3

I am only familiar with DCF and the process has taken roughly 7-8 months to get to the interview. I am already married and we filed the I-130. See, we weren't any different once we sent the P3 back, before that, you save a lot of time by avoiding the American centers. If one is truly determined, get married in China, live there for two years and then come America.

 

A.1.3.4

The employer takes care of obtaining a work permit (z-visa) and a residence book. Usually takes 2-3 weeks including a medical examination.    As soon as you get a residence book, you can file DCF and immediately leave China if you want (although you might face penalties if you are tied into a contract).

 

A.1.3.5

I believe the big requirement is the residency permit. I don't think they care about the kind of visa.  They did want to see a Z visa when we filed, but when I showed them the permit (I think I was on an X visa), they didn't seem to care about the visa#

 

A.1.3.6

I was just recently married in China. I got my certificate of marriagability from the Beijing Embassy. My wife had to be present because they gave us a short interview. Just simple questions...how did you meet, how long have you know each other, future plans etc. It took about 30 second to answer all the consuls questions. I just gave them my passport and my wifes ID and asked for a certificate. !0 minutes later they came out with one in both Chinese and English. The counsul asked his questions and I signed the paper. Very easy. As long as you are not currently married I don't think the consulate can deny you this certificate. We had not trouble at all.

To get married all I needed was my passport and this certificate. No residence permit is required for this. You can marry on any type of visa. The visa I had at the time as a business visa. As long as you have any visa you can marry. I married in Hebei province in the capital Shijiazhuang. Other provinces may be different. It was very easy here. Once hour and we had our marriage certificate.

I am now in the process of getting my residence permit. This takes time to get. First, you need to have a job in China. Your employer must then file paperwork with the local authorities and give you a letter from the local government. If you are in the states you send this letter, visa application, and your passport to the Chinese Embassy in America...they will then send you a Z visa. If you are in China you must take you letter to Hong Kong to do this. You Z visa is not your residence permit. It is considered your working visa. Your Z visa is good for ONLY 30 days after you enter China. Once you enter, you must find an appartment if your employer does not provide one. Then you have to give you passport and visa to your employer and they will send it away to get your residence permit. You must have a residence and a job in China to get a residence permit. Once you give your employer your passport it will take between 14 and 20 days to get your residence permit.

When you want to file a I-130 from within China, you have to file at the USIC office where your residence is located. I live in Xiamen so I have to file at Guangzhou. If you are filing the I-130 in the US You DO NOT need a Chinese residence permit. DCF means to directly file a I-130 form in a different country. Therefore it is a process reserved for people who hold residency to that country. You can not come to China on a tourist visa and file a I-130 here. You can only file an I-130 in China if you have a Chinese resident permit.

Also, as far as I know, it is no longer nessessary to have residence for longer than 6 months.

As long as you have a Z visa or a Residence Permit you should be ok.

 

 

A.1.3.7



[Chinese National]
1, Passport

2, Divorce Book
3, Marriage Book
4, Birth certificate or one issued by a Sub-police station of Shen Zhen Public Security Bureau, where Hukou is located (if you don't have a Birth Certificate, was not born in hospital instead of at home. ( Kept by CO))

[USC]
1, Birth certificate (kept copy)
2, Passport (kept copy with all pages)
3, Work Permit (kept copy)
4, Marriage Book (kept copy)
5, Divorce Decree (kept copy)
6, Residency Book (website says need 6 months residency; some report not needing this)


Notary certificate: ( kept all by CO)
1, Divorce Notary ( one Direct and one In-direct)
2, Marriage Notary ( one Direct and one In-direct)
3, Birth Notary
4, Birth Certiticate issued by Police station Notary

Forms:
1, I-130
2, G-325A (USC) with a passport photo
3, G-325A (Chinese National) with a passport photo

Fee:
Paid $190 by cash (USD or RMB). Check for current fee.

 

A.1.3.8   

Consular Offices Abroad Resume Accepting I-130 Immigrant Visa Petitions

http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm

"To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard. "

 

US Consulate website:

"Petitions on behalf of immediate relatives may be filed in person at the DHS office in Beijing or at the American Citizen Service office of any Consulate near your residence in China. However, if you do not have a valid Chinese "Foreigner Residence Permit", "Z" work visa, ※X§ student visa, or other long-term official authorization permitting you to live in China, you should file your immediate relative petitions with the nearest immigration office (DHS/BCIS) in your home state in the U.S."


1. One  I-130

2. One G-325A for petitioner and one for beneficiary.

3. Petitioner's  U.S. Passport and/or U.S. birth certificate, and Valid Chinese Public Security Bureau issued Permanent Resident Permit.

4. Beneficiary's original Birth Certificate or Certificate issued with Public Security Bureau letterhead for certify original is kept in record or loss.

5. Beneficiary's Notarial Birth Certificate.

6. Notarial Marriage Certificate (also applied to step-child beneficiary)

7. Original Marriage Certificate (also applied to step-child beneficiary) and Notarized translation of the Marriage Certificate.

8. Beneficiary's Chinese Passport.

9. 2 photos for each Petitioner and each Beneficiary.

10. Other documents mentioned in the instruction statement of the I-130.

11. Beneficiary's Chinese Passport.

12. Fee ( Must be in U.S. Dollars or RMB only)

13. Address in China should be written in English and Chinese Character.

you need to have a Permanent Resident Booklet issued by the Chinese Public Security Bureau Exit Entry Administration and an Employment Certificate and already residing in China for at least six months . By the way, if you are residing in the U.S., please follow instructions of where to file in the I-130.

DHS @ GUZ:

DHSGuangzhouGeneral@dhs.gov

 

020 8518-7651 ex: 7651

 

DHS @ BJ:

 

Dhsbejing-cis@dhs.gov

10-8529-6740


A.1.3.9

More info:

 

Consulate Website: I-130 Filing

http://www.usembassy-china.org.cn/guangzhou/uscis/I130.html

 

 

Direct consular filing, What is needed to file direct (05-15-05)

http://candleforlove.com/forums/index.php?showtopic=10333

 

DCF, Qualifications (07-10-04)

http://candleforlove.com/forums/index.php?showtopic=5890

 

K1 or DCF filing? Please help!

http://candleforlove.com/forums/index.php?showtopic=15809

 

 

 

 

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(Edited 25 Nov 2005)

 

Q.1.4 Where can one file?

 

A.1.4.1

there is one Embassy and 4 Consulates on the Mainland:

 

Guangzhou 每 Consulate, where regional filing and ALL K# and C# interviews occur here

   Fujian, Guangdong, Hainan or Guangxi 

 

Beijing 每 Embassy, where regional filing occurs

   Beijing, Tianjin, Xinjiang, Qinghai, Gansu, Shaanxi, Ningxia, Shanxi, inner Mongolia, Hebei, Henan, Shandong, Hubei, Hunan, or Jiangxi

 

Chengdu  每 Consulate, where regional filing occurs

   Guizhou, Sichuan, Yunnan, Tibet or Chongqing

 

Shanghai  每 Consulate, where regional filing occurs

   Anhui, Jiangsu, and Zhejiang

 

Shengyang  每 Consulate, where regional filing occurs

   Liaoning, Jilin or Heilongjiang

 

 

A.1.4.2
Be sure to call the place where you plan to DCF before going there to apply. You need to find out what documents you must bring. This information isn't on the Embassy website, surprise, surprise (at least it wasn't when I did this last November). And even though I called, they forgot to tell me to bring one document - when we traveled to Beijing and applied, they mentioned it. I said I brought what they told me to bring, and they fortunately accepted my application.

 

 

A.1.4.3

The way it works is, after you file [at other than BJ or GUZ], it goes to Beijing. They check over your forms to make sure you crossed the "t"'s and dotted the "i''s and lower case "j"'s.

 

A.1.4.4

All petitions are approved by the USCIS office in Beijing (also called the Homeland Security office). If you file at a consulate elsewhere it is sent to BJ for approval. Once approved by USCIS in BJ, it is forwared to GZ for security check and scheduling.   So, you could file the petition in GZ, it is sent to BJ, then back to GZ for the rest.

 

A.1.4.5

More info:

 

DCF questions, for FAQ (07-14-05)

http://candleforlove.com/forums/index.php?showtopic=11533

 

Where to file DCF?, Chengdu or Guangzhou? (07-11-05)

http://candleforlove.com/forums/index.php?showtopic=11450

 

A map of jurisdictions can be found here:
http://www.usembassy-china.org.cn/beijing/consulate-map.html


 

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(Edited 25 Nov 2005)

Q.1.5 Filing at Beijing

 

A.1.5.1

File at:

Kerry Center, 2320 South Tower, No. 1 Guang Hua Lu, Beijing. It is apparently quite near the Embassy. Their phone number is 010 8529 6740

 

A.1.5.2

My wife and I did our I-130 DCF through Beijing. As mentioned, your receipt of payment (at least here in Beijing) is your only proof that you filed the I-130 at all. You will NOT receive anything until you get the actual Notice of Approval on the petition.

A.1.5.3

More Info:

 

Direct Consular Filing (09-13-04)

http://candleforlove.com/forums/index.php?showtopic=6933

 

Beijing:

http://uscis.gov/graphics/shared/fieldoffi...ing/aboutus.htm

 

 

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(Edited 25 Nov 2005)

Q.1.6 Filing at Chengdu

 

A.1.6.1
If you are in Chengdu's consular district, then it would be Chengdu that you would file with.   It is about 6 to 9 months fast to DCF.  Yes, you have to do it in person (I believe). Ms. Ren (She is Chinese) is who I submitted my forms to. She was very helpful.


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(Edited 25 Nov 2005)

Q.1.7 Filing at Shanghai

 


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(Edited 25 Nov 2005)

Q.1.8 Filing at Shengyang

 

 

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(Edited 25 Nov 2005)

 

Q.1.9 Filing at Guangzhou

 

A.1.9.1

We filed DCF because we both live and work in Guangzhou. We filed directly at the Guangzhou Consulate. You need to file at the consulate/embassy that has jurisdiction over your area of your residence. When I first got there, they kept on sending me different places because no one seemed to have heard of DCF. You need to go to the Department of Homeland Security (DHS) on the second floor (next to American Citizen Services (ACS)). Also, I could only file Tuesday or Thursday afternoon (if I remember correctly).

 

A.1.9.2

More info:

 

direct consular filing, faster to file in Guangzhou (10-24-05)

http://candleforlove.com/forums/index.php?showtopic=13505

 

 

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(Edited 25 Nov 2005)

 

Q.1.10 Issues related to NOA1 and NOA2

 

A.1.10.1

Once they are done (it took me about 2 months) they will send you a letter saying they are done and the forms are being send to GZ. That letter is basically what people call NOA2 (Notice of something 2... In my case that took 2 months). I never got NOA1.

 

A.1.10.2

More info:

 

For all the recent DCFer's...., How long for I-130 NOA (06-19-05)

http://candleforlove.com/forums/index.php?showtopic=11006

 

 

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(Edited 25 Nov 2005)

 

Q.1.11 Issues related to P3

 

A.1.11.1

From the time you send in your P3 packet information, the DS-###pt 1 and such, expect about a 3 to 3 and a half month wait. This part doesn't change and is the same whether you are DCR or not. The part that takes the shorter time is the initial I-130 filing to getting your case number.

 

A.1.11.2

Then when it arrives in GZ, they will send you some more forms (AKA P3). For me, that was a week later. That's where I am at this point. I sent back the P3 in the end of April.

A.1.11.3

About the P3...

- You need the DS-230 Part I. It's very short. Only one page. It has writing on the front and on the back. It's very easy to fill out. Mostly information about you.

- The OF-169 is a list of things you need to collect to bring to the interview. You only need to sign the paper and mail it back to Guangzhou with the DS-230. The OF-169 is in chinese and english.

- The I-864 is in P3, but you don't need to mail it back. You will take the I-864 with you to the interview.

 

 

A.1.11.4
Hong Kong Issues, member*s comments:

 

※We finally receive the P3 from HK Consulate.  The mail is called as official pouch according to HK reply.  It took more than 10 days to reach us§.

 

 

 

 

 

A.1.11.5

More info:

 

P3 Question - CR1 in China (12-30-04)

http://candleforlove.com/forums/index.php?showtopic=8119

 

P3-related questions (12-29-04)

http://candleforlove.com/forums/index.php?showtopic=8113

 

DCF'ed in November, still waiting for P4 (06-23-05)

http://candleforlove.com/forums/index.php?showtopic=11093

 

 

Notarized Birth Certificate & Marriage Certificate, What are needed for the interview?  -- DCF questions posed to Consulate

http://candleforlove.com/forums/index.php?showtopic=16315

 

 

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(Edited 25 Nov 2005)

 

Q.1.12 Issues related to P4 & I-864

 

A.1.12.1

 

1) DCF beneficiary*s will pay the visa fee at the consulate.

 

P4 Letter:

"Applicant should prepare to pay (in cash) the Immigrant Visa Processing Fee...."

 

 

2) DCF beneficiary will bring the I-864 to the interview

 

 

A.1.12.2

More info:

 

Newbie with a few questions (02-21-06)

http://candleforlove.com/forums/index.php?showtopic=8845&hl=i-864

 

CR1 visa fee, We DCF'd -- is it paid at GUZ? (11-09-05)

http://candleforlove.com/forums/index.php?showtopic=13890

 

Getting ready for interview (10-28-05)

http://candleforlove.com/forums/index.php?showtopic=13587

 

864 forms and visa and visa turned down (06-22-05)

http://candleforlove.com/forums/index.php?showtopic=11053

 

Questions about translations and I-864 (05-18-05)

http://candleforlove.com/forums/index.php?showtopic=10389

 

I-864 Question, For DCFer (05-21-05)

http://candleforlove.com/forums/index.php?showtopic=10435

 

I-864 P3 Question, Do I really need to send this now? (12-30-04)

http://candleforlove.com/forums/index.php?showtopic=8125

 

 

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(Edited 25 Nov 2005)

 

Q.1.13 Issues related to Interview

 

A.1.13.1

If you're living in China, you will def need a joint sponsor for the I-864, whether you have lots of money or not. They want someone making money in the US to guarantee her and you will also have to show "domicile"

 

A.1.13.2

my husband got everything over with all at once. He went in the morning [to Guangzhou Consulate for interview] and they did the whole interview, collecting the I-864 and all accompanying tax returns. It was all over by noon.

 

A.1.13.3

Pay visa fee at consulate on day of interview.

 

 

A.1.13.4

SAMPLE INTERVIEWS:

 

Interview Procedures:

Example 1:

First they took my index finger print on a machine, after that they let me sit and wait.

Then after 30 minutes, the woman called me and asked; the name of my petitioner, how we met how many times he visits me, if I was married before, she asked me about my US visit before, what is my husband*s job, phone number, how often we talk, if he has kids.

After another 30 minutes, the final interview was with the VO. I took an oath and he asked my husbands name, where we get married, how we met, what website, how many kids does he has, what are their names, he asked me about my US visit before, how many years I*ve been living here in Hong Kong, what work am I going to have in the US, my husbands job, He looked at our wedding album turning from page to page, and he said that we have a very nice wedding. Then after that he said congratulation, I don*t see any problem with your papers, so we will issue you the visa.

 

 

 

Example 2:

At the fifth floor they will check the SO's passport again. (From this point on you refers to SO. Take your cell phone and go through the metal detector. They will give a card to pick your cell phone back up.

Then, you enter the waiting room and wait for them to call your name. After they call your name you will go up to the window and they will give you a number. You will give them the I-864, look at your passport, and the chinese worker opened the medical envelope. They asked some simple questions in chinese. 1. Who is your sponsor? 2. Who is your joint sponsor? Then, they gave the letter to pay the immigration fee and the number for the interview.

Then, go to window 16 and pay money. They will give you a receipt.

Then, sit back down and wait for them to call you. Everyone stands up and takes the vow in Mandarin and Cantonese. They have you vow that all information from your immigration is true and correct and you have not included any false information.

They call your number and you go up for your fingerprints (on that day it was window 17). An American woman took his fingerprints. He said she was very nice and could speak chinese very well. He also says to add it sounds simple but takes a very long time to get to this point.

Go back and sit down.

They call your number and direct you to a window and this is the interview.

 

 

 

[CFL 每 DCF interview 3/2007]

How did you meet?
- In Shijiazhuang in Feb. She started telling him details and then he cut her off and moved on.
When did you move in together?
Formally in September.
I see you went to Thailand...How was that?
Great, we were there for two weeks on vacation together.
Where is your husband now?
In the US
What kind of job does he do?
Just got a new job in a company.
Where is his drivers license?
With the I-864
What are your plans for the future?

 

[CFL 每 DCF interview 12/2006]

She first handed them both of our passports

1. if I was there. She said no, and that I sent it to her. She said I was there a month before, and then mailed it right after.

2. where we met

3.when we were married.

4. if she met my parents, and then asked for pictures.

They talked about the wedding a bit, and then my wife asked if she wanted to see other pictures of our relationship, and the interviewer said no.

 

[CFL 每 DCF interview 12/2006]

1. asked to see our passports

2. asked when we first met

3. where am I residing currently (US or China).

He spent most of the time looking over my I-864 documents and did not ask to see any photos. The interview lasted about 5 minutes, with the VO mostly stamping and labeling documents and looking at the computer.

 

[CFL DCF interview 7/2006]

VO: How did you know each other?
Me: We are working in the same office.
VO: How long has he been in China?
Me: Over two and a half years.
VO: When will his assignment finish?
Me: End of this year.
VO: Good.
He rapidly flipped the pile of the document front of him and asked me: Did you give me the Affidavit of support?
Me: Not yet.
VO: Okay, give it to me.
I handed over to him a pile of files which all are about finance support evidences that my husband took a lot time to prepare. He looked like didn*t have time to see anything else but only took out the I864 and tax return.

Then he handed me the red slip. That was all. He didn*t ask any pictures, letters, emails##.

 

[CR1 interview 3/2006] 每  DCF

When did you meet your husband?
Where does he work?

Looked at a few of the docs we prepared...and that was it. Visa approved.

 

 

 

 

[CR1 Interview 每 2/2005]

Her interview time was at 7:15 and by 9:45 she came down from the 5th floor to the 4th floor trying to hide her smile. She did not fool me except for the second my heart skipped a beat. Shhe said that she first handed over the I-864 and my 3 years of tax forms to a Chinese lady. This same lady then asked her when and why she went to Enland. In June we both took a 3 week work/vacation to England. This trip was never documented to the consulate. My guess is they found the English visa during the name check. They then took her fingerprints and she paid 3,078 rmb for the visa. She was then called up to Pearl's window. Pearl first asked for XinHui's passport which XinHui responded by handing her both mine and her own passport. She only accepted Xinhui's passport. She then asked how and when she meet her husband which she stated blossems.com in March 2004. She then only looked at only one of our wedding photos and stated that she passed and will get her visa.

 

 

John (smiling): Hi. (in English)
VO: (also smiling): Hi. May I see your passport? (in Chinese)
(John purposely takes out my passport first....he doesn't outwardly mention "my wife is waiting outside for me" but leaves no doubt about it by the gesture. After putting my passport down, then he takes out his and hands it over to the VO)
John: May I put my documents here? (in English)
VO: Sure. (in Chinese)
VO: You can speak English?
John: Yes.
(then the VO continued the questioning in English)
VO: How did you meet?
John: We worked together at XXXX in 2002. I am a translator, she is a copywriter. She proofread my translations.
VO: How long has been in China?
John: More than five years.
VO: Where will you live in the US?
John: Here is the domicile evidence. Do you want to see it? (we prepared a folder of evidence to prove my permanent residence is in the US).
VO: Yes. (VO studies the documents).
VO: Who is (my father's name)?
John: Her father.
VO: Can I see your pictures?
John: Yes. We got a lot of pictures. Here are just some samples.
(VO looks at them...gets to the birdwatching ones, VO stops)
John: Birdwatching.
(VO smiles)
VO: When will you go to the US?
John: The end of this year.
VO: Your visa is approved.
John: Thank you!
VO: Qing man zou.

 

 

 

 

A.1.13.5

More info:

 

CR1(DCFer in Guangzhou)  (07-12-06)

http://candleforlove.com/forums/index.php?showtopic=19201

 

Interview Details (03-30-06)

http://candleforlove.com/forums/index.php?showtopic=17643

 

DCF interview experience (11-19-05)

http://candleforlove.com/forums/index.php?showtopic=14086

 

household register, I'm not on it (10-11-05)

http://candleforlove.com/forums/index.php?showtopic=13202

 

Passed Interview!, Feeling better everyday! (06-21-05)

http://candleforlove.com/forums/index.php?showtopic=11035

 

 

 

-------------------------------------------------------------------------------------------------------------------
(Edited 25 Nov 2005)

 

Q.1.14 Issues related to Domicile?

 

 

A.1.14.1

"Domicile" is a complex concept, but is often defined as that place to which you will return after temporary stays elsewhere.

 

A.1.14.2

In order to file an I-864 the sponsor or joint sponsor must be a resident of the United States. However, sponsors residing outside the United States are not automatically disqualified from being a sponsor if they are able to show that they are temporarily resident outside the United States. Joint sponsors must be resident in the United States to qualify.

 

You may meet this requirement by showing that you have taken or will take a credible combination of steps to make the U.S. your immediate principal place of residence. Such steps may include finding employment, locating a place to live, registering children in U.S. schools etc.

 

A.1.14.3

lived in China for 2 straight years and my husband almost didn't get the visa because of that. Luckily, when told he must prove my ties to the US, he remembered to pull out a letter from a University accepting me to the Master's program. That was enough for us, but the VO's do take domicile as a serious issue

 

A.1.14.4

If your domicile is not in the US, you cannot execute the I-864. If you, the petitioner, cannot execute the I-864 because of this, you cannot use a joint sponsor. No sponsor = no I-864. No I-864 = no visa.

 

A.1.14.5

Apparently, the American spouse -- in these cases -- in general had been in China for a while, had a profitable/steady job, real estate in China, and probably the SO had a fairly stable situation as well. I guess when the VOs see this sort of situation, in their minds they see it as "no reason to immigrate" and will sometimes deny on those grounds. I guess the thinking is you are already together and have a good life/future in China.

 

It seems that the aforementioned DCF couples who were denied visas probably didn't pass the "domicile" test -- to prove that your primary residence is in the US. I prepared a folder specifically for this evidence. It included an Affidavit from my father attesting to our relationship and the fact that our residence will be at his home when we arrive; a copy of my voter's registration card (showing the same address as my father); a copy of my driver's license (also same address as my father); one of my plane tickets back home and a copy of my frequent flyer's log showing all of the trips I've made back home; e-mails discussing my trips back home.

 

A.1.14.6

During the interview one spouse came to the 4th floor because the VO wanted to ask her husband about where the domicile was going to be. He had lived in China for 5 years and did not have the clearest plans on where they were going to live. He went up the the 5th floor to speak with the VO. They did not initially pass due to I-864 support requirements. He did speak to a VO later who said that proof of sufficient money in his wife bank account would be acceptable support requirements.

 

A.1.14.7

More info:

 

ITS CRUNCH TIME, Interview in 5 days!  (Apr 21, 2006)

http://candleforlove.com/forums/index.php?showtopic=17440

 

working in China for 2 1/2 years "help", I-184?  (Feb 9, 2006)

http://candleforlove.com/forums/index.php?showtopic=15781

 

I-864 and Joint Sponsorship, My AOS  (Nov 6, 2005)

http://candleforlove.com/forums/index.php?showtopic=13811

 

 

Non-CFL:

 

I-864 FAQ, how is domicile determined:

http://travel.state.gov/visa/immigrants/in...nfo_1328.html#4

 

Consular I-864 FAQ

http://www.usembassy.org.uk/cons_new/faqs/faq_i864_domicile.html

 

 

 

-------------------------------------------------------------------------------------------------------------------
(Edited 25 Nov 2005)

 

Q.1.15 How long does the DCF  process take?

 

A.1.15.1

6-10 months.

 

A.1.15.2

Beijing Examples:

 

 

(6 months)

06-06-06 每 I-130 filed at Beijing

07-20-06 每 P2 Received

08-07-06 每 P3 Received

09-22-06 每 Name check complete

10-28-06 每 P4 Received

12-18-06 - Interview

 

 

(7 months)

05-09-06 - I-130 filed at Beijing

08-03-06 每 P2 Received

08-07-06 每 P3 Received

08-10-06 每 P3 Sent

10-12-06 每 Name Check Complete

10-10-06 每 P4 Received

12-13-06 - Interview

 

 

(7 months)

03-14-06 每 I-130 filed at Beijing

05-18-06 每 P2 Received

05-27-06 每 P3 Received

09-15-06 每 P4 Received

10-20-06 - Interview

 

 

 

 (7 months)

07-14-05 - I-130 filed at Beijing  // NOA2: never received
08-25-05 每 P2 received
09-05-05 - Name check was completed
09-14-05 每 P3 Received
09-19-05 每 P3 Mailed (EMS)
10-12-05 每 P3 receipt date in computer
01-24-06 - P4 received
02-09-06 - Interview

 

(8 months)

02-23-05: I-130 DCF File through Beijing
04-04-05: I-130 approval date (mailed 4/11)
04-13-05: P2 received
04-18-05: Case received by GUZ
04-22-05: P3 received
04-25-05: Returned DS-230 Part 1 to GUZ
05-13-05: Name Check Complete (first... second unknown)
08-31-05: P4 Sent
10-20-05: Interview

 

(6 months)

12-02-04 - Filed I-130 by DCF
12-21-04 每 P2 received

12-29-04 每 P3 received

01-11-05 - P3 returned
03-37-05 - Namecheck done (not sure when)
04-29-05 - P4 [first one] sent and lost
05-18-05 每 P4 replacement
06-16-05 - Interview Passed

 

(10 months)

11-16-04 - I-130 Petition for CR-1 in Beijing
12-08-04 每 P2 received
12-29-04 - P3 Received from GUZ
01-19-05 - DS-230 Part 1 sent to GUZ
03-26-05 - OF-169 (checklist) sent
03-28-05 - OF-169 (checklist) entered into computer
04-01-05 - Namecheck complete
07-27-05 - P4 sent to my wife
09-14-05 - Interview passed

 

(7 months)

08-12-04 - Filed I-130 direct at USCIS in BJ
08-14-04 每 P1 received
08-24-04 每 P2 received
09-06-04 - P3 received
09-14-04 每 P3 Sent back
10-20-04 - Name check complete
02-15-05 - P4 arrives
03-23-05 每 Interview

 

(7 months)

11-20-04 - Filed in Kerry mall(paid $180 and got the receipt which is p1)

11-20-04 每 P1 received

12-20-04 每 P2 received

12-30-04 - P3 from Guangzhou [and returned 01-01 , including DS-230, part I]

04-30-04 - P4 from Guangzhou (includes receiving DS-230, part II)

06-21-04 - Interview day (paid $380; delivered I-864 ,DS-230, etc)

 

 

A.1.15.2

Chengdu Examples:

 

(8.5 months)

02-20-05 - DCF-ed in Chengdu
04-15-05 每 P2 Received
04-23-05 每 P3 Received
04-28-05 每 P3 Mailed to GUZ
06-16-05 - Passed all name checks
10-01-05 每 P4 Received
11-02-05 每 INTERVIEW

 

(5.2 months)

11-15-05 - Submitted I-130 at Chengdu (DCF)
12-15-05 - NOA1 received
01-07-06 - NOA2 / P3 received

01-15-06 - P3 returned to GUZ
03-15-06 - P4 received from GUZ
04-26-06 每 INTERVIEW

 

(  months)

01-15-06 每 Submitted I-130 & I-129F at Chengdu (DCF)
01-27-06 每 P2 approval
03-03-06 每 P3 received
03-16-06 每 P3 received by GUZ

06-06-06 每 P4 received  (INTERVIEW CANCELLED.. pending)

 

 

 

A.1.15.3

Guangzhou Examples:

 

(6 months)

11-30-04 DCF Guangzhou
12-0x-04 P3 received
12-0x-04 P3 returned (except checklist)
01-0x-05 P3 checklist returned
04-2x-05 P4 received
06-01-05 Interview (Passed!)

 

(5 months)

03-28-06 - Handed in I-130 for CR-1 and paid $190 by cash.
04-13-06 每 P2 approval by US Department of Homeland Security. (Form I-171)
04-18-06 每 P3 sent out by GZ
04-21-06 每 P3 sent [DS-230(1 copy) and 169] back to GZ ( No.1 South Shamian Rd.).

05-19-06 每 Name Check Complete

06-03-06 每 P4 Received

08-15-06 每 Interview  (estimate)

 

 

A.1.15.4

Shanghai Examples: 

 

(10 months)

01-04-05 - DCF in Shanghai
04-05-05 每 P2 received
04-20-05 - P3 received
04-24-05 - OF 230 sent to GZ
05-14-05 - OF-169 sent to GZ
06-21-05 - 2nd name check completed
10-01-05 -- P4 received
11-15-05 -- interview -- PASS!!!

 

A.1.15.5

Shangyeng Examples:

 

(11 months)

05-13-05 每 I-130 handed into Shengyang Consulate

08-22-05 每 P2 approval (BJ)

09-12-05 每 P3 received

12-16-05 每 p3 Re-sent (mistake)

03-13-06 每 P4 received

04-25-06 - Interview

 

 

-------------------------------------------------------------------------------------------------------------------
(Edited 8 July 2006)

 

Q.1.16 Where are the interviews held?

 

A.1.16.1

Marriage Visas (K3, CR1):

The USC files the I-130 (CR-1) in his/her country of residence. The interview is conducted in the country where the alien resides.

The USC files the I-129F (K-3) in his/her country of residence. The interview is conducted in the country where the marriage took place.

 

 

A.1.16.2

I got married in the Philippines, so my I-129F as my case number willl be process there. But since I a residing here in Hong Kong so my I-130/IR1 will be process here in Hong Kong as my case number is.

 

 

A.1.16.3

CR-1/IR-1:
All married folks start with an I-130 petition that begets either a CR-1 or IR-1, depending on how long you've been married when the visa is issued. The I-130 is filed in your friendly service center - OR- if you qualify, at the nearest US consulate. Filing at a consulate is known loosely as DCF. The process is only different until the P-3 stage. Regardless of where you file, the interview is held in the same location as K-1s - country of residence, no matter where you actually got married. The exception to this is a Chinese citizen how was in the US and married a US citizen, the I-130 can be filed at the same time as I-485 to adjust status from whatever visa they are on to a permanent resident (and there are exceptions to this, too).

A.1.16.4

K-3:
K-3 option is a very odd animal for married folks only. It is filed through Chicago and is processed at the National Benefits Center in Missouri. It can not be filed any other way. There's no such thing as a DCF K-3. It does not exist. Although a DCFer could theoretically opt to file for a K-3, there's really no point in doing so since the DCF will virtually always beat a K-3 by many months. The petition is filed on an I-129F Fianc谷e Petition and sent to Chicago rather than the regional service center. Also, a copy of the NOA1 from the I-130 must be attached.

The odd thing about a K-3 is the interview location depends on where the marriage took place. If the marriage is in mainland China, the interview is in GZ. If it is in the US, it's the country of the Chinese person's residence other than the US. Some people marry in the US and then separate to finish up the visa process - otherwise, they would file the I-130 and I-485 concurrently. Here's the kicker - if the marriage is in HK, the K-3 interview will be in HK. Singapore, in Singapore, VN, VN. See the trend? There are exceptions to the where married rule, but that is the rule of thumb.

 

 

-------------------------------------------------------------------------------------------------------------------
(Edited 8 July 2006)

 

Q.1.17 What is an overview from marriage to 10 year card?

 

Once you are married to a US citizen or have a BF from the US it can be extremely difficult to get a visa to visit, the US is very suspicious that you might not return to China.

Now what you can do is file the DCF in Shenyang and get the visa, this should take about 6 months and then you have 6 months to come to the US. Then when you come to the US you need to plan on needing to stay for one or two months, this amount of time is probably not needed, but you want to be flexible on your return date.

When you enter the US they should stamp your passport to show you are a LPR (Legal Permanent Resident) and the green card normally arrives at your home of record in the US in a few weeks.

Once you have the green card you can get your Social Security card issued, this is mainly for tax purposes when you and your husband file taxes.

At this time you can return to China without any problem, but it is important to remember that without filing additional paperwork you must not be out of the US for more than 12 months. With vacations to visit family this should work out well for you.

One year and nine months after the issue date on the green card you and your husband will need to have plans to be in the US for a while, because you will need to file to remove the conditional status on the green card. This can take a few months at best.

Now if you are not in a hurry to come to the US you could plan on getting the visa after your 2nd anniversary, then when you entered the US you would not receive a conditional green card, but the 10 year card.



 

-------------------------------------------------------------------------------------------------------------------
===================================================================
===================================================================
===================================================================

Section two: Questions related to getting married in China

 

Q.2.1Does it matter where we get married in China?

Q.2.2How do I get the single certificate in China?

Q.2.3How do I get the single certificate in the US?

Q.2.4What if I am divorced, do I need a divorce decree?

Q.2.5Is there a sample document for single status?

Q.2.6Declaration of not related to future wife?

 

-------------------------------------------------------------------------------------------------------------------
(Edited 7 Dec 2005)

Q.2.1 Does it matter where we get married in China?

 

 

A.2.1.1

I believe Chinese people can only register for marriage in the place of their hukou (household register). That should be the same place where their dangan (file) is kept.

 

A.2.1.2

My wife and I had to travel to Zhengzhou, the capital Of Henan province.   From what I am led to believe. She has to register in the capital of her home province. The little red book you both will receive is actually your marriage papers. The ceremony isn't actually needed.

A.2.1.3

Because you are a foreigner, you must go to the provincial capital to register the marriage and say the marriage oath...in Chinese. Then you must register in your SO's hometown as well.


A.2.1.4

I went through this last year. You need an affidavit of single status. The wording is on the Chinese consulate's website. It needs to be sworn before a notary. The notary and all documents issued by the state (those with a raised seal) then need to be certified by your state's Secretary of State in an Apostitille. You need to send all this to the Chinese consulate in your area for their certification. Take all this with you to China. There you will need this packet, your passport and another picture ID (I used my Texas Drivers liscense). Got married with no trouble.

 

 

A.2.1.5

her requirements are quite simple as I understand it, basically her household register or book and ID card. This is because they know who she is based on the household book.

You on the other hand have to provide an affidavit of single status. It seems to be simpler to do this at a US Consulate in China than in the US because of the requirements of the Chinese Consulates in the US for authentication.

Here is a good link to the US Consulate in Shanghai that outlines the requirements.

Marriage Eligibility Requirements : American partner
1. Valid passport
2. Must meet the eligibility age (22 for men, 20 for women)
3. If marrying a non-Chinese national, one of the partners must be a long-term resident of China
4. Original or certified copies of divorce decrees, annulment decrees or death certificates if widowed
5. Certificate of Marriageability issued by the U.S. Consulate attesting that you are legally eligible to marry

Marriage Eligibility Requirements: Chinese Partner
1. Must meet the eligibility age (22 for men, 20 for women)
2. Family Registration Book and Chinese ID Card

 

 

The marriage requirements are quite simple, the USC must prove that they are single and have a valid passport and be of age.

There are 2 methods of proving you are eligible to marry, the US Consulate in China or the Chinese consulate in the US. Both want to see proof of prior marriages and ending of the marriage. You submit the forms and get back a piece of paper. The US Consulate method seems to be easier because their seal is recognized in China without authentication.

 

A.2.1.6

More info:

 

CFL:

 

Getting married in China (05-07)

http://candleforlove.com/forums/index.php?showtopic=24916

 

K3 Visa process question, 2 questions (04-06)

http://candleforlove.com/forums/index.php?showtopic=17471

 

 

Still getting started, Certification of Marrigeabilty.  (01-06)

http://candleforlove.com/forums/index.php?showtopic=15509

 

anybody married in Beijing ?  (01-21-06)

http://candleforlove.com/forums/index.php?showtopic=15445

 

How to get married in China?, What on earth do I need? (07-05)

http://candleforlove.com/forums/index.php?showtopic=11661

 

Certificate of marriageability, Here is how mine went down (07-05)

http://candleforlove.com/forums/index.php?showtopic=11631

 

Marriage in China, does it matter where? (07-05)

http://candleforlove.com/forums/index.php?showtopic=11504

 

 

 

Hong Kong Marriage:

 

Marrige in China I-129F and my recomendation, hope this helps some (07-05)

http://candleforlove.com/forums/index.php?showtopic=11750

 

 

 

 

Non-CFL:

 

Getting Married in China:

http://www.usembassy-china.org.cn/us-citizen/mrginfo.html

 

Getting Married in China:

http://www.usembassy-china.org.cn/shanghai/acs/linkfiles/Marriage.htm

 

Getting Married in China:

http://www.usembassy-china.org.cn/guangzhou/cons/marriedchina.html

 

single/non-marital status certificate:

http://www.china-embassy.org/eng/hzqz/fhjh/t84256.htm

 

Direct Consular Filing in China; Marriage explained

http://www.kamya.com/intro/dcf.html#CH

 

Information on Procedure for Authentication of Chinese Documents

http://www.usembassy-china.org.cn/guangzhou/cons/auth.html

 

 

 

-------------------------------------------------------------------------------------------------------------------
(Edited 7 Dec 2005)

 

Q.2.2 How do I get the single certificate in China?

 

A.2.2.1

My wife and I marriend in Shenyang, all we had to do, go to the american embassy, note, you will be able to go in, but your fiance will not. but have her stay very near to the embassy. You will go in and take a number after declaring what your business is , have a seat and relax a minute. Your number will be called, you will go to the consul and he will ask your business, tell him you wish to get a single testamony so you can marry your finace. He will ask you some questions about your fiance, her name, the name of any children she may have. Then he/she will ask if your fiance can be seen also. At this point, the consul will have a runner go to the front and call for her, she will be permitted to enter and she will be interviewed , seperate from you, so make sure she is on the same page eh? My fiance and I had no problem doing this. I raised my hand swore I was not otherwise married and got it. It cost somemoney, my fiance paid it so I really dont know what it was, 30 bucks usa?

 

A.2.2.2

I had my "Certificate of Eligibility to Marry" prepared at the Biejing US Embassy. There, your so cannot go in. I went in, went through security. I told the agent that I needed a certificate of eligibility to marry. I filled out a form. I had to go back out side and retrieve my so's Chinese ID. So save a step, take it in with you.

After the paper work was done, in a matter of moments. I paid a fee in RMB, it equalled about $35 us. The Agent then lectured me , and told me horror stories about western men being duped. I ensured the nice chinese lady I wouldn't sell my home to pay for any surguries.

I was told to raise my right hand, I then took an oath that all my information was true and accurate. I then waited a few more moments, was handed my single page affividavit, and told good luck. The whole thing took about 40 minutes.

The document will then have to be translated to Mandirin. We went to the capital city of so's province. After arriving at the proper place. We were told where we could go to get my paper translated, and them accept it. It was fairly quick process. I think it took about 20 minutes, a little cash. and we were handed "Little Red Books" Everyone in the office congratulated us.

 

A.2.2.3

When you get the eligibility certificate be sure they write the date with written months (ex: 1 JAN 2004). I had to get one twice when we got married in Feb 2004 because the local marriage office read the date on the cert. as expired. We got the first cert. on Nov. 4 2003 (11 4 2003 ) but they read it as April 11 2003...more than six months old...no good! But because the date was only done in numbers, we had no choice but to fly to Guangzhou (the nearest consulate) then fly back the same day to get it right.  More than 300 bucks just because of a little date.

 

A.2.2.4

The way you get it from American embassy or consulate in China--the easy way and save time way

Go to the embassy at their work time, show them your passport, divorced paper, pay 30 us$, fill in a form, it will come out in both languages, don't need go to translation company to translate, save time and money. The embassy or consulates in Beijing, Shanghai, Shenyang, Chengdu, Guangzhou.

 

 

A.2.2.5

More Info:

 

Certificate of Marriage-ability  (01-08-2006)

http://candleforlove.com/forums/index.php?showtopic=15093

 

 

The "Single Status" document needed..., Where to find information on this? (10-17-05)

http://candleforlove.com/forums/index.php?showtopic=13339

 

-------------------------------------------------------------------------------------------------------------------
(Edited 7 Dec 2005)

Q.2.3 How do I get the single certificate in the US?

 

A.2.3.1

If you want to do it in the states...then you need three steps..(check with your state).

#1 Get a certified copy of a divorce (if you have one) from the country resistrar's office. If you have no divorce..then use a statement similar to the one above and get it notarized.

#2 Send the certified copy of the divorce (along with the appropriate fee) to the State Government (in Mo it is the Secretary of State's Office). They will verify it with the state seal.

#3 Send either paper to the Chinese Consulate with jurisdiction over your area. I had to send it to Chicago. They will send it back to you with a letter of marriageability. That is what you need in China.

 

A.2.3.2

The only thing they asked of me was my U.S. passport and Certificate of Marriagability, apostitlled by the Secretary of State and authenticated by the Chinese Consulate in San Francisco.

 

A.2.3.3

Before I went, I had the Sec. State of Washington give me a form that is like an all-in-one notarization and single status. I sent this to the Consulate for the PRC in San Fransisco (they have consular jurisdiction over WA), and had them notarize and translate it to Chinese. This was about $100.

I then felt like I should hedge my bets, and so I took the Affadavit of Single Status off of the PRC Consulate - Houston web site, and filled in my own information as well as a notary block. I took this to my local City Hall and had the City Clerk notarize it.

 

A.2.3.4

I guess what your friend means is "certification of marriageability"

The way you get it from America #. need go to chinese consulate.


It is named as ''Notary Certificate of Single Status''

How to apply:
1. An Affidavit of Single Status signed before a notary public.
2. Certified by the clerk of Court of the County in which the document is commissioned if applicable. It may be omitted if 3. 3. the authority in item 3 will certify directly to the notary.
4. Certified by the Secretary of the State in which the document is executed.
5. Certified by the relevant Consulate - General. You must apply to the correct Consulate 每 General which holds consular jurisdiction over your area of residence.


A.2.3.5

More Info:

 

 

Certificate of Marriage-ability  (01-08-2006)

http://candleforlove.com/forums/index.php?showtopic=15093

 

 

The "Single Status" document needed..., Where to find information on this? (10-17-05)

http://candleforlove.com/forums/index.php?showtopic=13339

 

 

 

-------------------------------------------------------------------------------------------------------------------
(Edited 29 Dec 2005)

Q.2.4 What if I am divorced, do I need a divorce decree?

 

A.2.4.1

The only time you need to show your divorce papers is when you submit an Affidavit of Single status with the Chinese Consulate in your area. But the decree needs to be accompanied with an Apostille from your state's Secretary of State's office. That being said....The state you were divorced in needs to be in the area served by the Consulate in your area....in my case, I now live in Texas (Consulate in Houston), but I was divorced in Oregon (outside of the area of their responsibility) The certificate needed to have an Apostille issued by Oregon's Secretary of State and certified by the Consulate in San Francisco. I called the consulate in Houston and they told me that since as far as Texas was concerned I was single, just say I was never married in my Affidavit. I had the Affidavit notarized, and an Apostille for the notary. the Consulate certifed it, and I had no trouble getting married in China.

 

 

 

-------------------------------------------------------------------------------------------------------------------
(Edited 7 Dec 2005)

Q.2.5 Is there a sample document for single status?

 

A.2.5.1

AFFIDAVIT OF SINGLE STATUS

On this date of _________________, I, (name of affiant) ,

residing at (street and number) (city) (state) (zip code)

BEING DULY SWORN DEPOSE AND SAY:

I was born on (date) at (city) (country)

I am a (country) citizen. My passport number is

I am a (current occupation) . I am employed by (company name and address)

I am currently single, have never been married (or was divorced/widowed on (date) and have never been remarried since that date).

Signature of the Affiant: _______________________________

Name in Print:________________________________________


(For the Notary Public)

Subscribed and sworn to before me by (name of affiant) on this ____day of ________________.

 

 

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(Edited 7 Dec 2005)

Q.2.6 Declaration of not related to future wife?

 

A.2.6.1

My then fiancee' told me she checked with the City Hall in Yingde, Guangdong, China, which is her 'home' jurisdiction and they also wanted a blood ties document. Something demonstrating that I was not related to XYZ for at least 3 generations. I recruited my uncle and my mother and came up with a list of my parents, grandparents, and great-grandparents with place and dates of birth. I then added a few lines from the Affadavit of Single Status swearing I was not related to XYZ and listing my ancestry. I added a notary block and had my City Clerk notarize it.

 

 

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Section three: Questions related to getting married in HK and/or Interviews at HK or other posts

 

Q.3.1How about filing at posts other than mainland China?

Q.3.2Traveling to Hong Kong (ie: marriage and related issues)?

Q.3.3Hong Kong vs Mainland Differences?

Q.3.4US based filing; Hong Kong interview?

Q.3.5Hong Kong filing, GUZ or HK interview?

Q.3.6Sydney, Australia?

 

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(Edited 28 Oct 2005)

 

Q.3.1 How about filing at posts other than mainland China?

 

A.3.1

Other than mainland China, Hong Kong and Syndey, Australia are other consulate locations that have been filed at.

 

A.3.2

Paris:

I am pursuing my master degree in France. My fiancee visa was approved at the end of Sept#

 

I mailed to US embassy in GZ several month ago, and the answer is I can be interviewed in Paris.

I am in China now to complete all the documents. My fianc谷e received note that my application will be sent to Paris soon, but the attorney said consulate of US in France might return my application to NVC, then resend it to GZ. I already bought my ticket to return France

 

A.3.3

More info:

 

Direct Consular Filing by Country

http://www.kamya.com/intro/dcf.html

 

 

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Q.3.2 Traveling to Hong Kong (ie: marriage and related issues)?

 

A.3.2.1

how hard or easy for a Chinese national to obtain a permit to go to Hong Kong is depend on where she lives.

For instance, my wife ( Guangxi resident ) must apply a permit with using a local travel agent. The actual permit is issued by the her local government ( I will check in the detail on this with her ). The most of the time, it takes one week to get a permit stamp on her so called domestic passport. ( Not the one for an international traveling passport). I think she must submit a bond to the travel agent so that the travel agent is sure of her return.

And, I heard about there are different regulations apply for residents of cities of Beijing, Shanghai, Shenzhen and other big cities.
And also some Chinese nationals have multiple permit good for 6 months, even one year.

Anyway, my wife must join the small group of the Chinese travelers at the Lohu (Lofu ??) crossing point in Shenzhen to cross Chinese immigration check point together with the group. This arrangement is done by the same travel agent which she used to get a permit.

Once she is done with Chinese immigration section, she can get separated from the group to go through Hong Kong immigration section.

When she is going back to the Mainland, she must use same crossing point of Lohu, but she does not have to join the group any more.

Once she obtain the U.S. visa, she can use any crossing points between the Mainland and Hong Kong to take a flight to U.S. from Hong Kong.

 

 

 

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Q.3.3 Hong Kong vs Mainland Differences?

 

Not so good:
Getting married in Hong Kong was more time consuming process compared with doing so in mainland.

Same:
Processing applications with U.S. agencies in U.S. side is same as far as the methods and time.

Good:
Once you have your application with U.S. Consulate General in Hong Kong, it appears to be very fast and very helpfull.

May be same:
Wife must travel to Hong Kong for medical and interview, but, she either way must travel to Guangzhou..... so that, it may be same.

Good:
Being interviewed together.

Very good:
If you have questions to ask them, they will e-mail answers back in 2 days or so............very helpfull.

Very very good:
If you want to attend the interview, you can control the interview date when you calling them to set up the interview date.

Good:
Traveling expenses can be lower as long as going to Hong Kong.....just one flight from California here I am.

 

 

 

 

Hong Kong Marriage vs Mainland China Marriage (08-14-07)

http://candleforlove.com/forums/index.php?showtopic=26479

 

 

 

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Q.3.4 US based filing;  Hong Kong interview?

 

*** Please note that for the police reports, the HK police will often send them directly to the consulate. ***

 

 

A.3.4.1

if you get married in Hong Kong then the k-3 visa interview is done in Hong Kong if you get married in China the the k-3 interview is at GZ

 

A.3.4.2

I-130 of IR1/CR1, it will be processed in the Consulate that has a jurisdiciton in the Country of your residence.

I-129F or K3 will be process in the Country where your marriage took place.

 

A.3.4.3

CR1 Interview in HK:

I got married in the Philippines, so my I-129F as my case number willl be process there. But since I a residning here in Hong Kong so my I-130/IR1 will be process here in Hong kong as my case number is.

 

A.3.4.4

If you are married in HK, you will file your I-130 petition in the US to the appropriate Visa Center.  Once your NOA1 is received, you may file the I-129F petition.   If you pursue the CR1 visa, then your application will be forwarded to Guangzhou.   If you pursue the K3 visa, then your application will be forwarded to Hong Kong# saving about three months.

 

A.3.4.5

If the K-3 interview is scheduled before the CR-1, it will be in HK. If the I-130 is first, it will be in GZ. Since they are different issuing posts, the I-130 will not automatically cancel out the K-3.

 

A.3.4.6

Anyone can get married in HK...just need a passport. HK doesn't care where you are from.  HK is very efficient. 3 months P3 to Visa in hand. Makes 9 months overall for the K-3.

 

A.3.4.7

Here is everything you should expect based on our experience; we provided the following paperwork:

I-134 not I-864 and asked HK specifically on this issue,
Tax Paperwork, Letter from Employer, Birth Cert, Marriage Cert, Police Report, Passport, Copy of her Passport vital page, Cert. copy of my passport, Letters, photos, Medical exam, Visa fee payment receipt.


She will be brought inside and after some time someone will call her name to turn in the paperwork and give a preliminary interview, take biometrics/pictures etc. This person will act as the translator from what I gather at the real interview. They will ask every question they can think of to form a report to be given to the Interviewer. I can give some more detail on this later as I am at work now and have my list at home. My SO's general impression was that this person is not there to encourage you through the process and just about told her she would fail. Persevere... I would suggest that if you have time, have your dad or someone else in the family send some letters welcoming her to the family, talking about normal things ... this should help as evidence of a relationship. Then after that, your SO will wait for the real interview. She will get some of the basic questions that everyone gets...i.e. member of the communist party..husband's work..etc. Then they will tell you congrats ...give you the blue thingie and send you downstairs. You will arrange for the Visa delivery through the post office same as GZ. Provided they know you are not staying in HK for very long it is possible to pick up the Visa the next day at the post office there. (depends when the interview is done I think, my SO was in by 8:30, out by 12)

It is important that you demonstrate your ability to communicate with each other from what I gather. Remember HK is not GZ and because of this I felt they were a little more strict on people from the mainland. The preliminary interviewer/translator didn't think we would pass because my SO told her that we were in love after about a month. She thought that was too quick.

Also be aware that the whole interview is conducted from behind glass over a speaker and my SO said it was difficult to hear their questions at times...

Over all, I am pleased with HK as they are very efficient. 3 months to complete P3 and interview once the paperwork got there. 9 Months start to finish for my K3....my I-130 is still in GZ waiting...

 

A.3.4.8

You might ask her which type of identity card she has: http://www.immd.gov.hk/ehtml/hkid.htm#type

If it's the ID with "right of abode", I want to say you're good to go with Hong Kong with the CR-1. Otherwise, I'm not sure. I am pretty sure she'll have to present her ID to get the visa whether she processes through Guangzhou or Hong Kong.

 

 

A.3.4.9

Sample filing for K3 for HK, time will vary in US based on Visa Center:

 

SAMPLE # 1:   K3 at HK

 

[ 10 months ]

 

** I-130 **
submitted---------- 9/13/04
NOA1---------------- 9/23/04
NOA2----------------12/21/04

 

** I-129F **
submitted-----------------9/28/04
NOA1-----------------------10/12/04
NOA2-----------------------4/29/05
Sent to consulate (HK)--------5/8/2005 (HK not GZ)
P-3 from Consulate------5/20/2005
Returned P-3--------------5/31/2005
Called DOS-----------------6/8/2005
P-4 received---------------6/18/2005
Interview-------------------7/20/2005 (In HK)
Passed!---------------------7/20/2005
Visa in Hand-----------------7/21/2005

 

SAMPLE #2:  K3 at HK

 

[ 5 months ]

 

4-05 filed my I-129f after getting to the p-3 stage of my I130
5-05 received my NOA1 for I-129F
6-20-05 received NOA2 my I129F was approved and sent to NVC to be sent to place of marrige which thank god was HK
6-28-05 NVC received I-129F and is conducting the background check
7-03-05 HK received and entered K3 info from NVC
7-20-05 Wife receives P3 from HK
7-28-05 HK receives P3 (will send P4 when my wife returns her checklist)

9-8-05 Interview

 

Sample #3:  K3 at HK

 

[ 4 months ]

 

08/17/2005 每 I-130 NOA1 from CSC

09/09/2005 每 I-129F NOA2 from NVC

11/01/2005 每 Sent to HK

11/15/2005 每 P3 received from HK

11/28/2005 每 P4 sent from HK

12/21/2005 每 Interview ( US consulate in Hong kong)

 

Sample #4:  CR1 at HK

 

(6 Months)

I-130/CR1

USCIS
Sept/12/2005 - Day 01 - I-130 sent to VSC
Sept/14/2005 - Day 03 - NOA1 notice date
Oct/17/2005  - Day 36- NOA2 notice date

NVC
Nov/04/2005 - Day 01 ?Received AOS bill/DS3032/case #
Nov/16/2005 - Day 13 - Pay I-864 bill
Nov/23/2005 - Day 20 - DS3032 sent to NVC
Dec/02/2005 - Day 29 - Received I-864 package
Dec/12/2005 - Day 39 ?Received IV bill
Dec/13/2005 - Day 40 ?Returned I-864 package
Dec/19/2005 - Day 46 ?Pay IV bill
Jan/09/2006  - Day 67 ?Received instruction packet/DS230 Part 1
Jan/18/2006  - Day 76 ?Returned DS230 Part 1
Jan/30/2006  - Day 88 ?Case Complete
Feb/07/2006  - Day 96 ?Package left from NVC

AT THE EMBASSY
Feb/14/2006  - Day 01  - Embassy received
Feb/16/2006  - Day 02 - Received DS2001 and Medical appointment
Mar/07/2006 - Day 21 - Received P4
Mar/14/2006 - Day 28 - Interview VISA GRANTED
Mar/17/2006 - Day 31 - Visa received

 

SAMPLE #2:  K3 at HK

 

[ 5.5 months ]


K3
04/22/06 - I-129F mailed K-3
05/02/06 每 P1 Received
07/01/06 - Received IMBRA RFE (yes I got a duplicate one to)
08/01/06 每 P2 Received NOA2
08/15/06 - Received letter from NVC, petition goes to post (HK) within a week.
08/22/06 - P3 out from HK consulate SO didn't check Mail for almost three weeks
09/30/06 - P3 sent to HK consulate
10/08/06 每 P4 Received

11/06/06 - Interview date

 

 

 

 

A3.4.7

More info:

 

CFL:

 

Interview Experience at HK:

Visa Granted, CR1

http://candleforlove.com/forums/index.php?showtopic=16545

 

 

Overview and Interview:

How we eneded up at Hong Kong (09-19-05)

http://candleforlove.com/forums/index.php?showtopic=12838

 

P4 stage explained:

what happened?, Interview letter 每 HK (08-19-2005)

http://candleforlove.com/forums/index.php?showtopic=12253

 

Interview explained:

 I-864, W2's and the like (07-26-05)

http://candleforlove.com/forums/index.php?showtopic=11761

 

Overview:

Everyone should get married in Hong Kong, PASSED INTERVIEW (09-08-05)

http://candleforlove.com/forums/index.php?showtopic=12605

 

 

NON-CFL:

 

How to get married in Hong Kong:

http://www.lovetripper.com/article/wedding-regulations/hong-kong.html

 

Hong Kong Marriages:

http://www.immd.gov.hk/ehtml/bdmreg_4.htm

 

Hong Kong Consulate, Scheduling Appointments:

http://www.usconsulate.org.hk/consular/iv/appointments.htm

 

 

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Q.3.5 Hong Kong filing, GUZ or HK interview?

 

*** Please note that for the police reports, the HK police will often send them directly to the consulate. ***

 

A.3.5.1

I live in shenzhen with my chinese mainland wife. I work in HK. 

 

We were married in Yangzhou, Jiangsu China. The folks at Gaungzhou told me I need to apply for her where I have an I.D. or right to work which is H.K.

 

I made an appointment online with Citizen Services. Stopped in. The helpful girl at Citizen Services on the 1st floor (1 flight up from the ground level entrance) said to go up to the 2nd floor and she called it 'the Dept. of Homeland Security'. I went up to the 2nd floor and the name plate for the dept. said, USCIS. A room with one window and a few chairs against each wall. Small, Hong Kong style, but comfortable. Took about an hour and a half.

 

Went to US Consulate in HK today and they processed my I-130 and took my fee. They said 1-2 months, then off to Gz, then GZ will contact us in Shenzhen.

 

A.3.5.2

Well, I filed the I-130 in HK since I have a valid work visa and HK I.D. for Hong Kong. I used to work in Shenzhen, but got a better job in HK so I switched to there and commute everyday from Shenzhen (where we live) to HK, (where I work). So, according to GUZ, I had to file in HK or the US service Center in Texas. I chose HK b/c its closer and many say, faster (the lady in HK at the US consulate office said 30 to 60 days for processing, then they shoot it over directly to GUZ).

Now, since we married in China and she is a resident of the PRC, she HAS to do her interview in GUZ.

 

A.3.5.3

 

Sample #1:   CR1 at HK

 

(6 Months)

09/23/2005: Submitted I-130 to H.K. Consulate.
11/04/2005: Received Packet 4 (confused) emailed.consulate.... consulate replied that they had made a mistake

11/15/2005: Received packet #3.
11/16/2005: Naturalized our daughter, Masha Emma. Guz said papers and her passport ready in 10 days.
11/17/2005: Mailed in packet #3.

02/23/2006: Received Packet #4.
02/28/2006: Medical Exam and vaccination shots.
03/09/2006: Interview. 2 minutes, done deal. Said mailing visa EMS on Sunday.

 

 

 

A.3.5.4

 

More Info:

 

To K3, CR1 or DCF, in Gaungzhou or HK (09-22-05)

http://candleforlove.com/forums/index.php?showtopic=12885

 

immigrant visa HK or Gaungzhou (09-19-05)

http://candleforlove.com/forums/index.php?showtopic=12822

 

 

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(Edited 27 Nov 2005)

 

Q.3.6 Sydney, Australia?

 

A. 3.6.1

 

DCF Sydney Update!!!, and what an update! (09-20-05)

http://candleforlove.com/forums/index.php?showtopic=12846

 

DCF Australia - Refused, Advice Please, Don't believe in our relationship (09-13-05)

http://candleforlove.com/forums/index.php?showtopic=12714

 

About to leave for Australia! :-), do i have everything? (07-23-05)

http://candleforlove.com/forums/index.php?showtopic=11712

 

I think we will pursue DCF in Sydney..., a little nervous!! (05-23-05)

http://candleforlove.com/forums/index.php?showtopic=10484

 

 

Q.3.6.2

Sample Timeline:

 

2005/05/24 P3 Sent (Australia DCF)
2005/05/27 P3 Received
2005/08/02 Married in Tweed Heads, Australia
2005/08/04 DS-230 and DS-2001 sent
2005/08/17 Received Appointment letter for 09/13
2005/08/18 Applied for Police Certificate and Medical
2005/08/25 Completed Medical
2005/09/05 Received Australian Police Certificate (all documents ready!)
2005/09/13 Doubted our relationship and gave us a Section 221g form with "Administrative Processing" checked on it.
2005/09/14 Had several faxes in from friends and relatives testifying our bona fide relationship
2005/09/19 Sent in a package of overcome evidence
2005/09/20 Got a call from the consulate saying they are ready to issue the visa and require my wife's passport!