To K3, CR1 or DCF

[hamlett22]

Hey all,

 

I am trying to figure out what to do. Perhaps you guys can help me out.

 

First: I’ve lived in China for almost two years with work visas. Now, I still live in China, Shenzhen with my honey, and work and commute in and to Hong Kong with a valid Hong Kong temp. I.D. and work visa.

 

Now the history…

 

Last year (Feb. 2004) I filed an I-129 fiancé visa for my then fiance. We got approved. We then were scheduled for an interview in May of 2005. My wife and I decided to stay in China another year and have our child here. So, we canceled the interview and therefore all I-129 proceedings.

 

Now what do I do?

 

I want to apply for the CR1 or K3. USCIS in the U.S. or Consualte in Guangzhou? Wow, which direction do I go?

 

I was filling out the I-130 form ‘Petition for Alien Resident’ and I noticed that it says

 

‘If you reside elsewhere outside the United States, file your relative petition at the USCIS office overseas or the U.S. consulate or embassy having jurisdiction over the area you live.’

 

So, should I file in Guangzhou? Which address? This one?

 

United States Consulate Guangzhou.

Visa Unit

1 Shamian South Street

Guangzhou, 510133 PRC

 

Should I even file this? Should I go over to Guangzhou and try a DCF?

 

But the DCF is weird for us as I live in Shenzhen without a work visa (had one last year) and work and commute to Hong Kong everyday with a valid HK work visa.

 

I called Guangzhou last week and a woman said I should file in Hong Kong. I’ve tried contacting US consulate-HK several times to no avail (both email and phone). Even if I file in HK, that would mean my wife has to interview in HK when the time comes and being that she is a mainlander that means she needs an HK visa. Complicated.

 

I would like to get this thing done in Guangzhou if possible. Any suggestions?

 

Baby makes three….

 

Our child will be born in the next 2 weeks. Hurrary. I will be Daddy. 

 

Should we wait to file until he is born or should we file now?

 

We already decided to have him naturalized as a US citizen in Guangzhou (procedure is straight forward enough…. a two hour thing with all three of us a month or two after he is born.)

 

My concern is if I file now, my wife’s application won’t have our baby’s info. on it. Another thing, if we wait and ad our baby’s info. on my wife’s I-130 and send in the birth-certificate with my wife’s forms, then USCIS will see that our baby has a birth certificate in China and not the US. Could this cause problems for my wife’s app? I was thinking maybe they don’t see any info and on my wife’s app about baby as of now (not born yet anyway) and we get our child naturalized after he’s born and then wham bam thank you mam he has his passport even way before my wife gets hers. I don’t know, maybe I’m being too paranoid. What do you think?

 

Sorry about this long drawn scenario. Your advice is appreciated and if you are ever in Shenzhen look us up and we can take you out for a coffee or beer.

 

Chad, Tong and baby soon makes three

[LeeFisher3]

Interesting story and congratulations daddy.

 

You want to consider the the timing of when you would be able to bring your family to the US.

 

Based on previous Honk Kong filings it might be worth your time to drop in at the consulate there to see if it is possible to file with them, it seems they are much faster. The question of where you were married may force you to GZ, but since you have a work permit in HK it is worth a shot.

 

GZ might be much more receptive to DCF if you would do this at the same time your child is naturalized. Now I don't have anything to base this on, but with the 3 of you showing up for the naturalization you will have everyones attention as everyone loves babies and this will be a happy time.

 

One thing about it, you won't have any difficulty demonstrating a relationship exists.

 

Good luck

[frank1538]

I don't think DCF would be available in Hong Kong. As a general rule, if USCIS has an office within the consular district, you can't filed directly with the consulate. Having said that, you might contact USCIS (not technically the consulate) in Hong Kong. Here's a link to their website: http://uscis.gov/graphics/fieldoffices/ove...s.htm#anchor130

 

If I am reading the information correctly, it appears that US citizens working for private companies in Hong Kong can file the I-130 with the USCIS office in Hong Kong, but I don't know if that also requires residency in Hong Kong.

 

What is your residence status in China? Assuming the appropriate visa category, you might be able to file the I-130 in China.

 

One thing I noticed is that USCIS also has an office in Guangzhou and Beijing. I would be interested in knowing from those that actually filed DCF in China whether they filed directly with the consulate (true DCF) or filed with the USCIS folks located at the consulate. This may be a distinction without a difference, but the knowledge would be good to have.

 

Congatulations on the upcoming birth of your child. Here's another link on what to do when the child is born: http://travel.state.gov/family/family_issu.../birth_593.html . Pay special attention to the apparent requirement that the US citizen parent prove that he/she has been physically present in the US for a certain period of time.

[HanLi]

Hi and welcome, and congratulations on the upcoming birth of your child. it seems you have quite a few options and should do a little more investigation as to which way to go. It seems one of our members came though HK in a similar filing, his id is adamchildress if I remember correctly. If you can do the DCF it is the quickest of all possibilities, however you have to also consider that once the visa is issued as to when she will come to USA with you. As for your baby, the naturalization is a great idea, so I don't think you have to worry about that aspect, however, perhap you may need to acquire a visa for baby? You have an usual circumstance and I hope that others will jump in here to offer more advice. Frank and Lee have already given you some good pointers.. We all wish you the best and are very interested to see your process. Good luck from all of us at CFL.

[warpedbored]

Interesting case. Not many here have much experience with this scenario. Off the top of my head since you have legal permits to work in HK I would assume you can file DCF there. I would contact the consulate in HK and ask them whether you would or could file there or GZ. I think HK would be better since they have less cases to process. Did you marry in the mainland or HK? It could make a difference. Please keep us posted since you may be blazing new ground here and could be a big help to others coming behind you.

Good luck

[hamlett22]

Interesting case.  Not many here have much experience with this scenario.  Off the top of my head since you have legal permits to work in HK I would assume you can file DCF there.  I would contact the consulate in HK and ask them whether you would or could file there or GZ.  I think HK would be better since they have less cases to process.  Did you marry in the mainland or HK? It could make a difference.  Please keep us posted since you may be blazing new ground here and could be a big help to others coming behind you. 

Good luck

156113[/snapback]

HI all

 

Thanks for the advice. We married in the mainland but the person in GZ said since I work and live in China with my work vis ainHK, I should file in HK. Doesn't make sense to me but I suppose I need to go into the consulate in HK and ask. I'll keep you posted.

Best

 

Chad and Tong and baby soon makes three

[hamlett22]

Interesting case.  Not many here have much experience with this scenario.  Off the top of my head since you have legal permits to work in HK I would assume you can file DCF there.  I would contact the consulate in HK and ask them whether you would or could file there or GZ.  I think HK would be better since they have less cases to process.  Did you marry in the mainland or HK? It could make a difference.  Please keep us posted since you may be blazing new ground here and could be a big help to others coming behind you. 

Good luck

156113[/snapback]

HI all

 

Thanks for the advice. We married in the mainland but the person in GZ said since I work and live in China with my work vis ainHK, I should file in HK. Doesn't make sense to me but I suppose I need to go into the consulate in HK and ask. I'll keep you posted.

Best

 

Chad and Tong and baby soon makes three

156179[/snapback]

Hey all

 

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 Shenzhe.

 

Thanks for the info.

 

Chad

[frank1538]

Hey all

 

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 Shenzhe. 

 

Thanks for the info.

 

Chad

156394[/snapback]

That's consistent with my understanding about filing in Hong Kong, and it's good to know that you just have to work in Hong Kong and not also be a resident. But, I would be interested in knowing whether you filed the I-130 with consular personnel or with the USCIS personnel at the consulate (maybe they're one and the same). I know this really doesn't make a difference, but I trying to understand if it's really possible to file directly with the consulate even if USCIS maintains a presence.

 

You've saved some time. Too bad Hong Kong couldn't see it all the way through. Best of luck.

[hamlett22]

Hey all

 

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 Shenzhe. 

 

Thanks for the info.

 

Chad

156394[/snapback]

That's consistent with my understanding about filing in Hong Kong, and it's good to know that you just have to work in Hong Kong and not also be a resident. But, I would be interested in knowing whether you filed the I-130 with consular personnel or with the USCIS personnel at the consulate (maybe they're one and the same). I know this really doesn't make a difference, but I trying to understand if it's really possible to file directly with the consulate even if USCIS maintains a presence.

 

You've saved some time. Too bad Hong Kong couldn't see it all the way through. Best of luck.

156395[/snapback]

Hey

 

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.

 

Chad