L Visa in China General Question.

[captain america]

Question, How many members with L Visa in China , were allowed to
file DCF after 6 months. Without Residence Card. Please talk about your experiences with your L Visa.
Thanks.

[Randy W]

You need to talk to your consulate already. They are the ONLY people who can tell you what they will accept.

[whome?]

Three things:

 

1. This is the offical statement regarding proof of legal residence in China for purposes of DCF filing:

 

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/USCIS) in your home state in the U.S. Absent evidence of residence in China, such as your valid Chinese "Foreigner Residence Permit", this office will not adjudicate an immediate relative petition, and jurisdiction rests with the office where you have legal residence.

 

From people I know it seems that GZ will only accept what is written above while BJ has accepted those with an L-Visa that have been in China continuously for 6 months or longer. GZ tends to be more strict in following the published rules/guidelines than BJ in my experience (and others).

 

If you wish to DCF in GZ you can try with a L-Visa but I don't think you will be successful. However you live there and it would not take long to try. If they don't accept it you can use the same paperwork to then file the I-130 in the USA. Best of luck.

 

2. The Z work visa, from my experience, requires the company you work for to submit your qualifications to the local government in order for them to issue a "Confirmation document for inviting foreign expert" and "the Invitation Letter". You then have to provide these documents to the Chinese consulate in the USA to get a Z Visa that is marked single entry valid for 6 months. You are then required to apply for a Foreign Residence Permit at the local government within 30 days of entering China on your Z-Visa.

 

However I have heard there are Z-Visa that are just like an F-Visa (multiple entry valid for 1 year but with no stay duration limit). I have never know anyone to get one like this and the Chinese USA consulate websites do not reference a Z-Visa like this but maybe this is an option.

 

3. Randy is correct about the term DCF.

[Kyle]

https://egov.uscis.gov/crisgwi/go?action=of...r.statecode=abk

[xiaofeizhu]

I did file in Beijing on an L visa. See the other discussions for details, and let me know if you have any more questions...you can PM me if you need to.

[captain america]

Three things:

 

1. This is the offical statement regarding proof of legal residence in China for purposes of DCF filing:

 

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/USCIS) in your home state in the U.S. Absent evidence of residence in China, such as your valid Chinese "Foreigner Residence Permit", this office will not adjudicate an immediate relative petition, and jurisdiction rests with the office where you have legal residence.

 

From people I know it seems that GZ will only accept what is written above while BJ has accepted those with an L-Visa that have been in China continuously for 6 months or longer. GZ tends to be more strict in following the published rules/guidelines than BJ in my experience (and others).

 

If you wish to DCF in GZ you can try with a L-Visa but I don't think you will be successful. However you live there and it would not take long to try. If they don't accept it you can use the same paperwork to then file the I-130 in the USA. Best of luck.

 

2. The Z work visa, from my experience, requires the company you work for to submit your qualifications to the local government in order for them to issue a "Confirmation document for inviting foreign expert" and "the Invitation Letter". You then have to provide these documents to the Chinese consulate in the USA to get a Z Visa that is marked single entry valid for 6 months. You are then required to apply for a Foreign Residence Permit at the local government within 30 days of entering China on your Z-Visa.

 

However I have heard there are Z-Visa that are just like an F-Visa (multiple entry valid for 1 year but with no stay duration limit). I have never know anyone to get one like this and the Chinese USA consulate websites do not reference a Z-Visa like this but maybe this is an option.

 

3. Randy is correct about the term DCF.

Thanks for the great heads up I believe you are on target with what I have read. You gave me hope again. I see that when people have filed L visa usually Beijing is more open minded. Anyway the various government policies do vary some what in some areas case by case.

Thank YOu , I keep reading and asking questions

[captain america]

Three things:

 

1. This is the offical statement regarding proof of legal residence in China for purposes of DCF filing:

 

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/USCIS) in your home state in the U.S. Absent evidence of residence in China, such as your valid Chinese "Foreigner Residence Permit", this office will not adjudicate an immediate relative petition, and jurisdiction rests with the office where you have legal residence.

 

From people I know it seems that GZ will only accept what is written above while BJ has accepted those with an L-Visa that have been in China continuously for 6 months or longer. GZ tends to be more strict in following the published rules/guidelines than BJ in my experience (and others).

 

If you wish to DCF in GZ you can try with a L-Visa but I don't think you will be successful. However you live there and it would not take long to try. If they don't accept it you can use the same paperwork to then file the I-130 in the USA. Best of luck.

 

2. The Z work visa, from my experience, requires the company you work for to submit your qualifications to the local government in order for them to issue a "Confirmation document for inviting foreign expert" and "the Invitation Letter". You then have to provide these documents to the Chinese consulate in the USA to get a Z Visa that is marked single entry valid for 6 months. You are then required to apply for a Foreign Residence Permit at the local government within 30 days of entering China on your Z-Visa.

 

However I have heard there are Z-Visa that are just like an F-Visa (multiple entry valid for 1 year but with no stay duration limit). I have never know anyone to get one like this and the Chinese USA consulate websites do not reference a Z-Visa like this but maybe this is an option.

 

3. Randy is correct about the term DCF.

Thank you, your information was great. I recently have been quite busy but wanted to thank you. I am heading out to the States in Dec with wife on B1 visa. We will likely file I-130 Immigration visa and head back to China when her B1 visa expires. The other option is to call Chengdu or Beijing regarding L visa check to see if they will give us a go then, Come back to China stay 6 months try to DCf in one of those two places. Changing my visa status is unlikely. My travel keeps me busy, But 70-80% time in China on L Visa. Work for myself, Also Not sure if CQ person needs to file in BJ or Chengdu. Guangzhou can be harder to deal with I think. Thanks, Do you think those two options are my only options .

please reply.

[Randy W]

 

Thank you, your information was great. I recently have been quite busy but wanted to thank you. I am heading out to the States in Dec with wife on B1 visa. We will likely file I-130 Immigration visa and head back to China when her B1 visa expires. The other option is to call Chengdu or Beijing regarding L visa check to see if they will give us a go then, Come back to China stay 6 months try to DCf in one of those two places. Changing my visa status is unlikely. My travel keeps me busy, But 70-80% time in China on L Visa. Work for myself, Also Not sure if CQ person needs to file in BJ or Chengdu. Guangzhou can be harder to deal with I think. Thanks, Do you think those two options are my only options .

please reply.

 

You need to file at a USCIS office at the consulate with jurisdiction over your residence (no consulate shopping). There is one in Beijing, and one in Guangzhou. Chengdu does not have one.

 

Why wait six months when you can file stateside now?

 

My comment about the term 'DCF' seems to have fallen by the wayside.

Edited November 1, 2009 by Randy W (see edit history)

[Kyle]

I am heading out to the States in Dec with wife on B1 visa

 

I agree with what Randy is saying, but isn't it possible if he contacts USCIS to question them how to file a I-130 petition in China (before leaving China in DEC), it could translate (in USCIS's point-of-view) as an intent to immigrate thus making them weary of her intentions to return to China? I wonder if it could screw up her tourist visa in Dec. I don't know, but to me, I'd feel iffy about asking too many immigration questions before you wife leaves China for the States. Perhaps my reservations are unfounded.

Edited November 1, 2009 by KJJ (see edit history)

[Randy W]

I am heading out to the States in Dec with wife on B1 visa

 

I agree with what Randy is saying, but isn't it possible if he contacts USCIS to question them how to file a I-130 petition in China (before leaving China in DEC), it could translate (in USCIS's point-of-view) as an intent to immigrate? I wonder if it could screw up her tourist visa in Dec. I don't know, but to me, I'd feel iffy about asking too many immigration questions before you wife leaves China for the States. Perhaps my reservations are unfounded.

 

She already has the B1, and an American husband. If she were to remain in the US after filing the I-130, that would cause a problem. Or if she were to apply for a new visa, she may not be able to get one.

[Kyle]

She already has the B1, and an American husband.

 

I know that. I didn't know if it was possible to revoke a visa once it's been issued, but before it was used to gain entrance to the States.

[Randy W]

She already has the B1, and an American husband.

 

I know that. I didn't know if it was possible to revoke a visa once it's been issued, but before it was used to gain entrance to the States.

 

 

Others have done it without a problem. For one thing, it is very unlikely that they would match up the questions to the B-1 visa.

 

Asking questions does not affect your status., but filing the I-130 might.

[chengdu4me]

This isn't the answer that some people like to hear...but, once she is in the U.S.on the B-1, run quickly to the nearest Immigration attorney and file her papers to let her stay. This can be done and it is not that expensive. I know people that have done it for about $3,500. Once she is on US soil, regardless of how she got there, it is difficult to make her leave. Yes, USCIS doesn't like this, but they won't deport her and they will give her her GC card if your attorney gets the paperwork correct. Given the cost of airfare back and forth, the visa fees for filing from a foreign country, this is the most economical and the fastest way to get her stateside and keep here there with you. Yes, there may be some difficulties. Yes, it is possible they will turn her down. But the upside is that she gets to stay in the US if she appeals the ruling for as long as it takes to go through the appeals process. In the end, she will never have to leave the US and she will get her GC. But the best part is that you two won't have to be apart while you are going through the process.

[Randy W]

This isn't the answer that some people like to hear...but, once she is in the U.S.on the B-1, run quickly to the nearest Immigration attorney and file her papers to let her stay. This can be done and it is not that expensive. I know people that have done it for about $3,500. Once she is on US soil, regardless of how she got there, it is difficult to make her leave. Yes, USCIS doesn't like this, but they won't deport her and they will give her her GC card if your attorney gets the paperwork correct. Given the cost of airfare back and forth, the visa fees for filing from a foreign country, this is the most economical and the fastest way to get her stateside and keep here there with you. Yes, there may be some difficulties. Yes, it is possible they will turn her down. But the upside is that she gets to stay in the US if she appeals the ruling for as long as it takes to go through the appeals process. In the end, she will never have to leave the US and she will get her GC. But the best part is that you two won't have to be apart while you are going through the process.

 

 

I figure the bulk of that $3500 goes to the lawyers, and can vary by quite a bit.

 

Better hope you get a sympathetic judge.

 

The USCIS doesn't deport anyone - they have to go through the immigration courts.

[captain america]

This isn't the answer that some people like to hear...but, once she is in the U.S.on the B-1, run quickly to the nearest Immigration attorney and file her papers to let her stay. This can be done and it is not that expensive. I know people that have done it for about $3,500. Once she is on US soil, regardless of how she got there, it is difficult to make her leave. Yes, USCIS doesn't like this, but they won't deport her and they will give her her GC card if your attorney gets the paperwork correct. Given the cost of airfare back and forth, the visa fees for filing from a foreign country, this is the most economical and the fastest way to get her stateside and keep here there with you. Yes, there may be some difficulties. Yes, it is possible they will turn her down. But the upside is that she gets to stay in the US if she appeals the ruling for as long as it takes to go through the appeals process. In the end, she will never have to leave the US and she will get her GC. But the best part is that you two won't have to be apart while you are going through the process.

I figure the bulk of that $3500 goes to the lawyers, and can vary by quite a bit.

 

Better hope you get a sympathetic judge.

 

The USCIS doesn't deport anyone - they have to go through the immigration courts.

Thanks for the update. I know we often look for answers when it is so difficult to accept the way things are. I appreciate the great attitude of the people in this forum. I am seeking the possible ways of doing things. We are not afraid of asking tough questions because it can perhpas let others gain some knowledge. I am sure no expert. I want to stay legal and be honest. I think immigration stuff can be easy or complicated depending upon your status in a foreign nation. People who come to nations to actually give or help in humanitarian ways historicaly fall between the cracks in China. I believe this is changing and think China is a great country and even US relations are improving. Thanks for all the great post, we will keep you informed.

Edited November 3, 2009 by DavidZixuan (see edit history)