Consular Jurisdiction (where to go)

[lane]

OK, I give up on looking and I'm just going to ask you folks. Sorry if this information is posted somewhere else already and I just haven't found it... but I haven't found it.

 

My question is: Which US embassy/consulate do I need to go to in China for my DCF? In all the documentation and instructions it seems like it's very important to go to the right consulate -- the one that has jurisdiction over your location -- and yet it's not easy to find out which consulate that is. In fact, I seem to be finding conflicting information about the jurisdictions of the various consulates, and it probably has to do with them offering different services than each other, so while you might be in one jurisdiction for some particular service, maybe you are in another jurisdiction for something else. At first I was thinking I would have to go to Guangzhou, but now I'm starting to think that's not correct. I think I was getting confused because ultimately her interview will be in Guangzhou, but that doesn't necessarily mean that's where I file the initial documents in order to get her the interview.

 

We live in China, and want to do DCF. Of course, the official websites don't know that term. So what I'm looking for, first of all, is where to file an I-130 (right?). Then, at some point after that, she would have to do the interview in Guangzhou (I think?). So I think that my question is: where do I go to file the I-130?

 

My wife's hukou is in Zhejiang and we live in Zhejiang. It seems like that (might?) make us under the Shanghai consulate's jurisdiction, but it looks like the Shanghai consulate doesn't do I-130s. So maybe I actually have to go to Beijing. But I'm not at all sure about this, and I don't want to take a trip all the way to Beijing and then find out I'm in the wrong place.

 

Surely this question -- of where the consular jurisdictions are -- is one that others have run into before. So, what do you say? A little help?

 

Thanks

[dnoblett]

USCIS has a DHS office in two locations in China, they are located in the US embassy in Beijing, and the US Consulate in Guangzhou.

 

You may contact Citizen's services in Shanghai, and they will help you in forwarding the petition to Beijing, or you would probably need to visit DHS in US Embassy Beijing.

 

I am having problems reaching Beijing Embassy webpage, so here is link to USCIS-Beijing...

 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38b38875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

[Randy W]

Direct Consular Filing of I-130 - http://guangzhou.use...n-relative.html

Please note that you need to be a permanent resident in South China (Guangdong, Guangxi, Fujian or Hainan province) in order to file at our office. That is to say that 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.

 

 

Dec., 2011 - their website says

U.S. Citizens who legally reside in the local area, can file an Immediate Relative Immigrant Petition (Form I-130) by coming to the office during public service window hours only. We do not accept applications by mail.

 

No mention is made of the six month requirement - just that you "legally reside" in the "local area".

If your Chinese residence falls under the jurisdiction of a different consulate

USCIS

office, please check with them for their specific requirements. The Beijing embassy has indicated that they will accept any "long- term official authorization permitting you to live in China", and does not require an actual residence permit.

 

The

USCIS

Public Service window is located at the Guangzhou consulate, to the left of the visa interview windows. As of January 1, 2011 public service hours are from 8:30am – 10:30am on Fridays only.

 

Update on

GUZ

's

USCIS

office hours -

 

Please be advised that starting January 1, 2011, our public window opens from 8:30am – 10:30am on Fridays only. Immigration forms can be downloaded from our website at www.uscis.gov

http://guangzhou.use...org.cn/cis.html

 

The mailing address for submission of

I-130

petitions to the Beijing

USCIS

is:

 

 

U.S. Citizenship and Immigration Services

U.S. Embassy Beijing

No.55 An Jia Lu Road (安家楼路)

Beijing, China 100600

 

USCIS

Service and Office Locator for Beijing office

 

"U.S. Citizens with proof of residency in China may file an Immediate Relative Petition (Form

I-130

) by making an appointment to come in to the office during Window hours.

 

U.S. Citizens with proof of residency in China, residing outside of the Beijing or Guangzhou Consular Districts, may file at the American Consulates General in Shenyang, Shanghai, or Chengdu. The Beijing Office may contact petitioners and /or applicants to request personal appearances for an interview or to request additional documentation."

 

 

The consular districts have changed recently - be sure to check their websites. You file at a USCIS office. These are located only in Beijing and Guangzhou. However, the consulates at Shenyang, Shanghai, and Chengdu can accept your petition and fees and forward them to Beijing for you.

Edited March 16, 2012 by Randy W (see edit history)

[Randy W]

USCIS has a DHS office in two locations in China, they are located in the US embassy in Beijing, and the US Consulate in Guangzhou.

 

You may contact Citizen's services in Shanghai, and they will help you in forwarding the petition to Beijing, or you would probably need to visit DHS in US Embassy Beijing.

 

I am having problems reaching Beijing Embassy webpage, so here is link to USCIS-Beijing...

 

http://www.uscis.gov...000082ca60aRCRD

 

USCIS and DOS are both DHS branches. USCIS accepts and processes I-130 petitions, while the DOS conducts interviews and awards immigrant and K visas at Guangzhou.

 

The DOS offices at Shenyang, Shanghai, and Chengdu can accept the petition and fees and forward them to Beijing.

[dnoblett]

May as well round off the links with the one for USCIS Guangzhou field office...

 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=44248875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

[tsap seui]

USCIS has a DHS office in two locations in China, they are located in the US embassy in Beijing, and the US Consulate in Guangzhou.

 

You may contact Citizen's services in Shanghai, and they will help you in forwarding the petition to Beijing, or you would probably need to visit DHS in US Embassy Beijing.

 

I am having problems reaching Beijing Embassy webpage, so here is link to USCIS-Beijing...

 

http://www.uscis.gov...000082ca60aRCRD

 

USCIS and DOS are both DHS branches. USCIS accepts and processes I-130 petitions, while the DOS conducts interviews and awards immigrant and K visas at Guangzhou.

 

The DOS offices at Shenyang, Shanghai, and Chengdu can accept the petition and fees and forward them to Beijing.

 

Randy, not that it matters one coon's skin in the overall picture of who is who but I thought DOS was it's own entity known as the State Department. I reckon soon everything including Mother America Wal-mart with be part of the two most terroristic words in the english language....Homeland Security.

 

tsap seui

[dnoblett]

Randy, not that it matters one coon's skin in the overall picture of who is who but I thought DOS was it's own entity known as the State Department. I reckon soon everything including Mother America Wal-mart with be part of the two most terroristic words in the english language....Homeland Security.

 

tsap seui

Yep, you be correct.

 

DoS is the state Department, they handle foreign affairs and handle the issuance of visas DoS is not a part of Homeland Security..

 

http://www.state.gov/

http://travel.state.gov/

http://www.usembassy.gov/

 

DHS is the Department of Homeland Security, they operate USCIS (Immigrations and Citizenship), Immigrations and Customs Enforcement and Customs (Ports of Entry) All related to the security of the USA.

 

http://www.dhs.gov/index.shtm

http://www.uscis.gov/portal/site/uscis

http://www.tsa.gov/

http://www.ice.gov/

http://cbp.gov/

[Randy W]

 

 

Randy, not that it matters one coon's skin in the overall picture of who is who but I thought DOS was it's own entity known as the State Department. I reckon soon everything including Mother America Wal-mart with be part of the two most terroristic words in the english language....Homeland Security.

 

tsap seui

 

 

Correct - and I see that the DHS uses Dan's same language - http://travel.state.gov/law/legal/dhs/dhs_816.html

 

I'm not sure where I got that impression some time back, but nothing's managed to rattle it loose until now. Sorry 'bout that

[tsap seui]

Randy, not that it matters one coon's skin in the overall picture of who is who but I thought DOS was it's own entity known as the State Department. I reckon soon everything including Mother America Wal-mart with be part of the two most terroristic words in the english language....Homeland Security.

 

tsap seui

 

 

Correct - and I see that the DHS uses Dan's same language - http://travel.state....hs/dhs_816.html

 

I'm not sure where I got that impression some time back, but nothing's managed to rattle it loose until now. Sorry 'bout that

 

It's easy to lose sight of the players and whose team they play on.

 

I'll just keep stickin' pins into my DOS voodoo doll. No harm meant to the USCIS....LOL

 

tsap seui

[lane]

Thanks everybody. This page is very helpful. Specifically this sentence: "U.S. Citizens with proof of residency in China or who reside outside of the Beijing or Guangzhou Consular Districts, may fee in their Form I-130 at the American Consulates General in Shenyang, Shanghai, or Chengdu. The must then mail in their Form I-130 with the fee receipt to the Beijing Field Office."

 

I will note, however, that according to the Shanghai consulate's webpage (emphasis in original): "The American Citizen Services (ACS) unit in Shanghai cannot collect petitioners’ Form I-130. However, American citizens residing in Shanghai’s Consular District can pay the US$420 or RMB equivalent filing fee at Shanghai’s ACS office and attach their receipt to their I-130 application as proof of payment."

 

So I may have to mail it in myself to Beijing, to the address given on that page, which I am reprinting here for completeness:

 

U.S. Department of Homeland Security

U.S. Citizenship and Immigration Services

American Embassy Beijing

No. 55 An Jia Lou Road

Beijing 100600

 

As far as service areas, jurisdictions, or consular districts, it looks like my confusion was arising from not grasping the difference between USCIS offices (which only exist in Beijing and Guangzhou, and which are where one needs to file an I-130) and embassy/consulates, which there are more of. So for USCIS issues:

• The Beijing Field Office has jurisdiction over Beijing, Tianjin, Shanghai, Hebei, Heilongjiang, Jilin, Liaoning, Shanxi, Xinjiang,and Inner Mongolia. (Source.)
  
• The Guangzhou Field Office has jurisdiction over the Anhui, Fujian, Guangdong, Guangxi, Guizhou, Hainan, Henan, Hubei, Jiangsu, Jiangxi, Ningxia, Qinghai, Shandong, Shanxi, Sichuan, Xinjiang, Tibet, Yunnan, and Zhejiang. (Source.)
  

From another source:

• The USCIS Beijing Field Office has jurisdiction over Beijing, Shanghai, Tianjin, Hebei, Heilongjiang, Jilin, Liaoning, Shanxi, and Inner Mongolia.
  
• The USCIS Guangzhou Field Office has jurisdiction over the remainder of China.
  

Note that in the quotation above, however, it says that people residing outside of the Beijing or Guangzhou consular districts may file at Beijing. And consular districts are not the same as the jurisdictions given above. I'm finding some conflicting information about consular districts (e.g. see Anhui below), but my own personal concern is about Zhejiang, which is located in the Shanghai consular district (see below), but served by the Guangzhou USCIS office (see above). And despite the above information, I think the consular districts turn out to be more important (keep reading).

 

From the consulates' own webpages:

• The Shanghai Consulate's consular district includes Shanghai, Jiangsu, Zhejiang, and Anhui. (Source.)
  
• The Shenyang Consulate's consular district includes Liaoning, Jilin and Heilongjiang (Source.)
  
• The Wuhan Consulate provides no consular services (Source.)
  

From travel.state.gov as of November 2011 (Source):

• The Beijing Embassy's consular district includes Beijing, Tianjin, Gansu, Hebei, Henan, Hubei, Hunan, Inner Mongolia, Jiangxi, Ningxia, Qinghai, Shaanxi, Shandong, Shanxi, and Xinjiang.
  
• The Chengdu Consulate's consular district includes Guizhou, Sichuan, Tibet, Yunnan, and Chongqing.
  
• The Guangzhou Consulate's consular district includes Guangdong, Guangxi, Hainan, and Fujian.
  
• The Shanghai Consulate's consular district includes Shanghai, Jiangsu and Zhejiang.
  
• The Shenyang Consulate's consular district includes Heilongjiang, Jilin, and Liaoning.
  
• The Wuhan Consulate provides no consular services, except during quarterly outreach events.
  

Now, according to the Guangzhou Consulate's Immigrant Visa FAQ,

 

If you’ve been resident in China for at least the last six months, and are petitioning for the CR1/IR1, CR2/IR2, or IR5 visa classes, you can file a petition at a USCIS office in China.

 

For the Guangzhou consular district (Guangdong, Hainan, Fujian, Guangxi), contact the USCIS office in Guangzhou:

U.S. Citizenship and Immigration Services

5th floor, 2nd annex of Tianyu Garden

136-142, Linhe Zhong Rd.

Guangzhou, P. R. China 510133

Phone: (86-20) 8518-7651

Email: cis-guangzhou.inquiries@dhs.gov

 

For the rest of China, contact the USCIS office in Beijing:

U.S. Citizenship and Immigration Services

Beijing Kerry Centre, South Tower Office

Guang Hua Road No. 1

Suite 2320

Beijing, 100020, China

Phone: (010) 8529-6740

Email: DHSBeijing-CIS@dhs.gov

 

Note that the Beijing USCIS office is open to the public by appointment only. See http://beijing.usemb...d_security.html for more details.

 

So I guess the final conclusion is, I have to file through Beijing.

 

Not Guangzhou, since Zhejiang is not within their consular district (even though the USCIS field office says it serves Zhejiang?):

 

Immediate relative petitions (Form I-130) are accepted from U.S. citizens with proof of residency within this consular district and he or she should also have a valid Chinese Z, X or D Visa. Additionally, petitions are only accepted for visa categories that are current. The petitions must be filed in person by the petitioner. Please see Frequently Asked Questions for additional information.

 

U.S. Citizens who legally reside in the local area, can file an Immediate Relative Immigrant Petition (Form I-130) by coming to the office during public service window hours only. We do not accept applications by mail.

(Source.)

 

And not Shanghai, since they don't have an immigrant visa processing section at all:

 

The U.S. Consulate in Shanghai has no Immigrant Visa Unit and does not approve or issue Immigrant Visas. All Immigrant Visas including adoption and fiancé(e) visas for China are processed by the Immigrant Visa Unit of the U.S. Consulate in Guangzhou.

 

All Immigrant Visas applications require a petition first approved by Citizenship and Immigration Services, Department of Homeland Security. Form I-130, PETITION FOR ALIEN RELATIVE, from American citizens residing in the Shanghai consular district must be filed at the United States Citizenship and Immigration Service Beijing Office.

(Source.)

 

Note the distinction between the Immigrant Visa processing, which is in Guangzhou for everybody, and the I-130 filing, which is in Beijing for people residing in the Shanghai consular district (and most of the rest of China), which is a distinction I was not grasping at first.

 

But I don't actually need to travel to Beijing; I can just go to Shanghai to pay (since that's closer) and then mail the form to Beijing. Where it will then apparently be forwarded to Guangzhou: "Please note that in China, immigrant visas are only issued at the American Consulate General in Guangzhou. Therefore, unless otherwise requested, all approved immediate relative petitions are forwarded to Guangzhou for further processing." (Source.)

 

And then we go on to the whole interview process in Guangzhou.

 

I wonder if somebody who knows more about this process than me could look over what I've written above and make sure it sounds sensible. (I'm still a little tripped up, for example, on whether the "petitioning for the CR1/IR1, CR2/IR2, or IR5 visa classes" mentioned in the Guangzhou consulate quote above is the same as filing the I-130, and also about whether I can actually mail the I-130 to Beijing instead of going there myself -- there seems to be mixed info on this CFL page. And any other issues. Because I still feel like I'm trying to figure all this out for the first time, as if nobody's ever done it before, even though I know some people have! Thanks again for all the help.)

 

(Aside to webmaster: I've got seven quotes in this post, but whenever I tried to put in more than three pairs of quote tags, no matter the locations, it gave me errors about the number of opening and closing tags not matching up. So I've put the longer three inside quote tags and just highlighted the others in red here instead. I assume this is some kind of bug.)

Edited March 19, 2012 by lane (see edit history)

[lane]

ERRORS!?

 

According to this page on the Beijing Embassy's website (emphasis added):

 

The USCIS Beijing Field Office has jurisdiction over the municipalities under State Council of: Beijing, Shanghai and Tianjin. Jurisdiction extends to the northern provinces of Hebei, Heilongjiang, Jilin, Liaoning and Shanxi. The autonomous region of NEI Mongol is also under the jurisdiction of the Beijing office. The USCIS Guangzhou Field Office has jurisdiction over the remainder of China.

 

...

 

U.S. Citizens, with proof of residency in the jurisdiction of the Beijing Field Office of USCIS, (see above) may file an Immediate Relative Petition (Form I-130) by making an appointment to come in to the office during Window hours. Examples of acceptable proof of residency documents would include: Chinese resident card, student or employment visa, passport stamps, employment contracts, and residential leases, to name a few.

 

Petitioners residing in a country with a USCIS office have the option of sending their I-130 forms to the Chicago Lockbox, or they may file their Forms I-130 at the international USCIS office having jurisdiction over the area where they live. If filing by mail, the Form I-130 must be sent to the Chicago Lockbox. The Beijing Field Office is unable to accept petitions by mail.

 

Problem #1:

 

Let me repeat: "The Beijing Field Office is unable to accept petitions by mail." This is the opposite of the conclusion I just came to a matter of minutes ago, and is in direct contradiction to the information on the "very helpful" USCIS page I quoted earlier.

 

Which is right?

 

The USCIS page says it was updated on 02/23/2012. The Beijing Embassy page has no date.

 

HELP!

 

I have just tried to call the USCIS field office in Beijing, and the recording simply said to send an email. I just sent an email to DHSBeijing-CIS@dhs.gov asking about this issue. I will create another post when/if I get their reply.

 

But has anybody done this?

 

Problem #2:

 

The other question that still remains is whether or not Beijing is the right place to send it to. According to the Guangzhou consulate page I quoted in my previous post, For the Guangzhou consular district (Guangdong, Hainan, Fujian, Guangxi), contact the USCIS office in Guangzhou ... For the rest of China, contact the USCIS office in Beijing."

 

But the Beijing page, as quoted above, says "The USCIS Beijing Field Office has jurisdiction over the municipalities under State Council of: Beijing, Shanghai and Tianjin. Jurisdiction extends to the northern provinces of Hebei, Heilongjiang, Jilin, Liaoning and Shanxi. The autonomous region of NEI Mongol is also under the jurisdiction of the Beijing office. The USCIS Guangzhou Field Office has jurisdiction over the remainder of China.... U.S. Citizens, with proof of residency in the jurisdiction of the Beijing Field Office of USCIS, (see above) may file an Immediate Relative Petition (Form I-130) by making an appointment to come in to the office during Window hours."

 

In other words, both offices seem to be accepting only their own consular districts, and pushing "the rest of China" -- which includes the consular districts of the Chengdu, Shenyang, and Shanghai consulates, including Zhejiang, the part of China that I care about -- off on each other!!

 

Again, HELP!

Edited March 19, 2012 by lane (see edit history)

[Randy W]

They are in a state of flux - at one point recently, both USCIS offices declared Xinjiang as their own territory.

 

You gotta just play it by ear, as best you can. If you can go in person, that would be the best bet - if not, the second choice would be to go to one of the consulates which will accept your fee and follow THEIR instructions (which MAY include MAILING it to Beijing, but usually, they will mail it for you). Third choice would be to mail it to Beijing - this is the first I've heard about them NOT accepting mailed petitions. They accept petitions from other countries as well, so it is doubtful that they would force you to appear in person - but you may have to figure out how to cut through the run-around.

 

If you petition has started at one of the offices that accept I-130's AND fees - that's a good start. If they tell you to mail it to Beijing, fine - do so.

 

The DOS districts are DIFFERENT from the USCIS districts. The USCIS has offices ONLY at Guangzhou and Beijing - these are the only two consulates that can process your I-130 petition. The Dept of State (DOS) issues visas, and does not process petitions. EACH consulate is a separate DOS office with its own DOS district. Like they say, the DOS consulate at Guangzhou is the only one which processes immigrant (including K) visas.

 

Good luck.

[Randy W]

I'm almost certain your petition will need to be processed by USCIS in Beijing - but they can easily prove that wrong, of course.

 

This pretty well seems to tell you what to do if you DON'T want to go to Beijing - "U.S. Citizens with proof of residency in China or who reside outside of the Beijing or Guangzhou Consular Districts, may fee in their Form I-130 at the American Consulates General in Shenyang, Shanghai, or Chengdu. The must then mail in their Form I-130 with the fee receipt to the Beijing Field Office."

Edited March 19, 2012 by Randy W (see edit history)

[lane]

Update:

 

I received a reply today from the USCIS field office in Beijing. They didn't respond to my query about whether it was possible to mail in the i-130, but they said that since we are in Zhejiang, I should contact the Guangzhou office. I just emailed the office in Guangzhou to make sure, since after all the websites still have conflicting information. But so far it is looking like the service areas given on the USCIS.gov webpages are correct. I will let you all know what I hear back from the Guangzhou office.

[Randy W]

Did you miss this? It seems pretty clear (assuming Guangzhou also passes the buck). I would take what Beijing told you as meaning that you can't submit it directly there.

 

U.S. Citizens with proof of residency in China or who reside outside of the Beijing or Guangzhou Consular Districts, may fee in their Form I-130 at the American Consulates General in Shenyang, Shanghai, or Chengdu. The must then mail in their Form I-130 with the fee receipt to the Beijing Field Office.

Edited March 22, 2012 by Randy W (see edit history)