shyaushu

The notion that a six month residence in China is either a myth or it is so widely ignored as to be de facto not true. I arrived in Beijing on August 28 and my wife and I filed our I-130 at the "Kerry Center" the next day. All they wanted was a "Z" visa and they cared not at all about a "Residence Card". You do need the work visa, but the rest is urban myth. Corbin for DCF you also have to lived there for at least 6 months and on a work visa. CR-1 on its own is no faster than K-1 or K-3, maybe even slower. You would save on AOS, but as your marriage less than 2 years still only a 2 year green card.

Indeed, for the few of us who are filing for our spouse's visa directly through the appropriate embassy or consulate in China, the good news is that it appears the time from initial filing to the interview date is indeed about six months. We filed our I-130 in Beijing on August 28, 2007 and received "the" call from Guangzhou yesterday. My wife's interview is set for February 20. That would make it just under six months from initial filing to the interview: warp speed for visas. Moreover, it appears that the past few years' statistics show a 100% success rate for direct filings. Of course we hope that holds for us, too. We know all our CFL friends are also wishing us well. For those of us with the time, the I-864 credentials (sufficient income or a co-sponsor) and a permanent US residence, living in China and filing directly through the US enclave here is the quickest and perhaps the best route. Won't it be nice . . .

A Chinese friend of mine is in the US on a student visa and she is thinking of marrying an American. Will she have to return to China and go through "the process", just like everyone? I suppose she will be seeking a CR-1 so will her husband have to submit an I-130, pay all the fees, complete the I-864 and then have her interview in Guangzhou, etc.? If she must return to China to change her visa will she be able to remain in the US until she finishes her studies or will she have to return to China as soon as her husband applies for the CR-1? She is currently here on an "F-1" visa. She asked me, and I really wasn't sure of the answer.

Whatever the current workload, it will definitely be to your advantage to remain patient. This is a log-haul type of thing, and impatience will only give you an ulcer and migraines. When we're talking about something that will take around a year, perhaps more, and a few weeks here-and-there is really not that big a deal. Yes, this is an agonizing and frustrating process, but we all have no choice in it. So, relax, if you can. Things will work out in time.

I, too, recommend VisaRite, if only because they are extremely reliable and cost-effective. I believe the whole shebang cost around $95, and with the price of gas in the US (I'm living in China right now, and gas is around $2.20 a gallon here) it will probably cost less through one of the specialty visa companies. Moreover, it only takes them about 10 days to get it all together. I am almost certain they will get the Attorney General of New York State certify to the validity of the documents and also get the Chinese Embassy in Washington to approve it. What they send you is immediately acceptable in China. Running around in there getting papers stamped with red stamps . . . it's definitely not my cup of tea. Using a company like VisaRite (there are many more) is a "can't lose ~ can't beat it with a stick" kind of deal.

As a person who is basically unfamiliar with Australian English, and an English teacher, I am fascinated by the extent to which American English and Australian English have diverged, especially with regard to idioms. I have been reading the comments in this thread with great interest, taxing my powers of imagination and intuition trying to guess the meaning of many of the words and phrases. I'm almost certain "roo" meat refers to the flesh of that large jumping mouse found in Australia, but many of the others remain a mystery. They are all charming and quite amusing. Thanks for the colorful stuff.

The advice given above to check with the applicable consulate or embassy regarding their requirements cannot be argued with, but there is no doubt the US Embassy in Beijing was accepting CR-1 visa applications on August 29, 2006 by an applciant merely showing a work visa. They mentioned a Residence Card, and also the six-month-being-in-China thing, but the "Z" visa was the ticket. Once they saw it they didn't care about anything else. Incidentally, they were extremely helpful, and scoured our application thoroughly for errors before accepting it. We received our DS-230 stuff about two months later at our address in China and are expecting an interview date this month or next. So far so good . . . I'm confused here, the CR-1 can be filed in China. Is this for any one or is it only for those living in China for 6 months or more on a work or resident type visa? Not for any visa type... only for those with residency permits or work visas; The 6 month issue is a part of their definition but appears to be trumped sometimes by the mere presence of the work visa... So, a USC over in china on a tourist visa, just married, cannot file in china. Even if one has a student visa, this is not a guarantee. The trick is that the visa is a long term visa (ie: I think they want it over six months and maybe to a year). But if one's been there over six months and has a residency permit, this seems to suffice.

Wow, David! Someone who loves Excel! I was heartened by the fact that the DCF filing route appears to be both the quickest and to have the highest percentage of successes. Others are surely encouraged (or disheartened) by whatever statistics seem to apply to them. What an incredible amount of good information!

This is absolutely true, of course. We are in the last stages of such a "direct" filing, and the US Embassy in Beijing wouldn't look at our I-130 until they saw my "Z" visa. However, it is possible to come to China on a tourist visa and find a good job here, and then get a "Z" visa while you're here. Then you can go to the nearest Consulate or Embassy and file. I have a friend here who is doing just that. The process does seem somewhat quicker, but, as has been pointed out on this forum um-teen times, there is always the question of demonstrating both a US residence and adequate income in the US for the I-864 (Affidavit of Support). If these hurdles can be addressed the DCF is a good option. Quicker, they say, and you definitely get to be with the one you love during the long process.

I have a related question (about income levels and the I-864). I made way more than the 125% cutoff for our family size for many years, and comfortably more than it in 2006. However, I retired in 2007 and for this year my income from retirement benefits and a part time job in the US will be a couple of thousand dollars shy of the 125% threshold. However, I am filing directly from China, and if my income here is included, I will be comfortably over the 125% level. I know the thinking of the USCIS is "can this guy support this alien back in the US", so I will have to demonstrate to them that my income in the coming years will be adequate. I have a fair amount of assets, including a farm and house and a second property on the coast. I also have a couple of fairly valuable automobiles and a boat, all worth far more than the 5 times the shortfall in my direct income. The second property, cars and boats can be probably easily liquidated. I plan to have my wife bring the deeds to our property, with notarized, professional appraisals, as well as information on the cars and boats with her. Does this sound adequate for the I-864? I would obviously hate to be denied the visa on the basis of the I-864. Any thoughts?

Indeed, they don't qualify for a "DCF" route. I was only addressing the cost issue. I was trying (unsuccessfully, I suppose) to point out that the fees and final costs of various visa routes are different. Yes, having an American marriage certificate has it's advantages. I don't think that's correct. Someone who has done it under the new fee structure will come along and clarify it, I'm sure. The problem is that they would not qualify for DCF filing. She would have to be living in China with the appropriate type of visa or Chinese green card. She is now in school and working as well in the US. I agree with Jim, K1 is the best route. I used it and I am glad I did. Yeah, it might cost a little more, but I met many waiting on a K3 visa who were going on 18 months. We did ours at the time in 10 months. That extra time together is priceless. Another place I agree with Jim is where to get married. You are both young, your whole life is ahead of you. Decisions you make now can affect you later in life. The benefits of having a US Marriage Certificate should make it easier in future legal issues. I have used Lisa's in several places where it just made it easy having that document.

Interestingly (perhaps), the cost for a "DCF" thing appears to be about $800 or so. We had to pay about $355 in Beijing, and we must fork over about 3300 RMB to the Consulate in Guangzhou at the time of the interview. So, it appears, at least, as if the fee structure is somewhat related to the processing work. (It is probably easier ~ and cheaper ~ for the government to process everything here in China). Waiting a year, then applying for the IR-1 sounds like a great idea. A ten-year green card is certainly the way to go. I don't think that's correct. Someone who has done it under the new fee structure will come along and clarify it, I'm sure.

My wife and I are in the final stage (hopefully) of the Direct Consular Filing (I don't think that's an official term) and we filed our initial I-130 (for a Conditional Resident-1) visa on August 29, 2007. We received the DS-230 "package" in late October, and sent it to Guangzhou early in November. We are anticipating having an interview date arranged in about 6 or 8 weeks. As far as the Affidavit of Support is concerned, it appears that we need to bring that with us to Guangzhou and present it before the interview, along with the other stuff. So, the application-to-visa time should be something around 6 or 7 months, if we are successful and lucky. It's been great living in China, although Henan Province could use a better winter climate and some better food. It certainly isn't Chengdu or Chongqing!

I, for one, would like to see Charles' "time line". There may be a germ in it as to why the application was rejected. It also might help others of us see the kinds of things that precipitate these kinds of rejections. Charles, I know this is a difficult situation four you and your wife, but I commend you... you are very positive in this. I know you will, but I will say it anyway, Stay Strong!! To the orginal poster, hang in there. I don't have an answer one way of the other... but I wish you the best. Charles, a great source of my strength comes from you my brother. We are in this together and thanks to Candle we have met. I too wish the OP the best. We are all in a difficult circumstance but each and everyone of us will get through to victory!!!!!!

I was in a similar situation in 2005 when I really wanted to be with my then wife in China but had no vacation time. So, I asked my boss for leave without pay for a month to "help my wife with the visa to come here to the US." It was somewhat true, of course, since the more visits, the merrier, but loneliness for my wife was the major motivator. He was generous enough to grant it (so much for my indispensability!) and we had a great time in Chengdu and Tibet. The visa came three months later . . . But I did not change addresses. You sound like you are planning things out well. I know this wasn't the question you asked, but let me give some additional advice about your planned trip: Just be up front with your boss, tell him the reason why early and she/he will most likely work with you regarding this. If she/he is reasonable, and your work can withstand your absence, you will have her/him on your side. Hitting her/him up last minute for a 2-week absence will not make her/him understand your perspective. Additionally, you can buy your tickets earlier and with more confidence, once you get her/his agreement.

I, too, will unconditionally vouch for VisaRite. They are everything a responsible, efficient company should be. I have gotten five (5) "L" visas and one "Z" visa through them, and each one was reasonably priced and efficiently handled.

Whatever you do, my advice (and probably the advice of many others) would be to be as certain as possible that your relationship is really, really solid and extremely likely to be enduring before going so far as signing the I-864, Affidavit of Support. That form is basically a contract with the US government to continue to support the person you have sponsored, potentially for the next ten years, regardless of the circumstances of your relationship. Divorce does not end that commitment. There are circumstances that terminate the financial commitment, such as the beneficiary (a wife, etc.) permanently leaving the US or one of you dying, etc., but basically you will be potentially financially committed for a very long time. There is little you can do about this because they will not issue a visa if the Affidavit has not been accepted and signed. But you can take your time, consider any "red flags" in your relationship (evidence that money is a big part of the equation; a serious emotional disturbance, etc.) and decide for yourself if you and the person you are going to sponsor are really almost certainly going to be in a loving relationship that will last at least ten years. An international love affair is very seductive, but it is just a love affair. Would you marry an American woman and promise upfront to support her for ten years, regardless of how things worked out in your relationship? This is no different. If there is any reason to doubt that, I would slow down and reconsider continuing with the visa process. Until the visa is actually issued you can always withdraw your sponsorship.

Well, all comments seem to be unanimous ~ the "new" Affidavit does not have to be notarized! That is good news, at least from a work-I-have-to-do standpoint. The instructions they sent along with the form clearly said "have it notarized . . ." Many thanks for your help.

My wife and I filed our CR-1 visa directtlly throught the US Embassy in Beijing. We have just submitted our DS-230 and are waiting for the Consulate in Guangzhou to assign her an interview date. We must bring a bunch of documnents to that interview, including my Affidavit of Support, notarized by a Notary Public or by a US Consular official. We live in Henan Province and the nearest consulate is in Chengdu, I believe. Will I have to take my Affidavit to Chendgu to get it notarized there or can I have a Chinese notary do it? Or, is there some other way?

I have been using Babelfish for quite a while, and the more Chinese I learn the better it gets. In addition to being able to "proof read" the rendered text somewhat, putting my English sentences into something approximating Chinese syntax helps a lot, too. I have also learned to avoid saying things like "hard" if I mean "difficult" because the machine translator doesn't know which one I mean. But using a translator such as Babelfish is a great way to learn to read Chinese. I think i just saw that the new version of Yahoo IM 9,0 beta will allow you to use Babelfish to do realtime exchange of IM with translation. Yes,for anyone who does IM with their wife/girlfriend in China,I downloaded the new yahoo messenger 9.0...it is awesome,it translates in realtime outgoing and incoming messages........awesome !!!!! Make sure you save a copy of all your IM and emails. Also a log of your phone calls. Now that's ...awesome !!!!! Best wishes, Gino & Lulu

We did not have a resident permit when we filed in Beijing in August this year, but I had a "Z" (work) visa and a job awaiting me. That was enough. We filed the I-130 there, and received our DS-230 and a smaller questionnaire about 8 weeks later. We are expecting our interview sometime early in 2008. "DCF" can be a good way to go if you have the resources for the Affidavit of Support (an adequate US income, a US residency, someone who can co-sign the Affidavit, etc.).

I have the same problem with the bank too. I work in Henan Province, and my wife and I live together in the apartment provided for by the school (so our names are not on the lease). The local banks will not give us a "joint" bank account so that evidence of "co-mingling of money" is not possible. I suppose I may have to get affidavits from school officials that we both actually live in the apartment together as husband and wife. We are taking plenty of photos of ourselves in our pajamas! What about a joint bank account with deposits coming from the US (for her interview part I guess?). While I'm here I can add her to my bank account or she add me to hers. Would this provide any weight?

Well, you could say the CFL is a victim of its own success: I never bothered to check the FAQ since I knew I would get the answer here. Evaluating a person's financial situation is not such an easy task, I suppose, and that seems like a very short time frame in which to look at and make judgements about for such a detailed and indepth document. But tant mieux, as the French say. That will give me more time to look it over and make certain it looks right. But signing it is always scary, even when you feel certain, as I do, that this marriage is a real long term thing. That certainly clears things up for me, thanks. Now, if I could have only understood that from the instructions . . . Now, what about the getting the documents notarized part? Can a Chinese notary do that for an American visa document? How will I get an American Immigration Official to do that in Henan Province? The closest consulate in Chengdu, I think.

This is not really a "reply" to any prior comments, but I feel it would be worthwhile to relate my own (on-going) experiences with the "direct Consular filing" method, and this "thread" (DCF) has already been started here. I also have an important question. I related that Daoqun and I received our "confirmation" of the I-130 on October 25, which, when you file directly in Beijing, amounts to receiving the DS-230, a form 167 and the Affidavit of Support. The directions for completing the DS-230 and the other thing are pretty straightforward; they are apparently seeking the same biographic data that was on the I-130 (with a few new things). However, the general directions for the whole thing are extremely vague and inconsistent. It seems such a shame that in a wealthy country like ours ~ in many ways the envy of the world (people here in China are always positive about the US when I speak to them) ~ and with all the tax dollars we spend on these things, that we could at least hire people who can write something clear and concise. These directions are truly a nightmare of vagueness and incomprehensibility. The directions suggest that only the DS-230 and the short accompanying form 167 should be submitted (they don't say where, but the letter came from Guangzhou) and "not to submit any other documents or else they will be destroyed." We are supposed to use their checklist and amass the six or seven documents we will need to bring to the interview and then tell them we have them but not send them now. Then there is, as always, that fly in the ointment, the pesky Affidavit. There is no mention of sending it along with the DS-230 and the 167, but they surely will not interview a spouse if they are not certain they will not become a "public charge." Right? QUESTION: do we send the completed Affidavit along with the other forms to Guangzhou (and wait to hear about our interview date), or do we heed their seemingly ironclad prohibition about "not sending any other documents"? It really seems like a very simple thing to set down clearly in the instructions . . . On the other hand, filing directly from the Embassy (or Consulate) is quick, at least to the having the stuff get to Guangzhou and the next step being the interview. That could be anytime, of course, but at least things have been reduced to two steps: file the I-130 directly, get a response in 6-8 weeks, and then send in the two (or three?)other forms and get an interview date. Pretty slick. I would put in our time line if I could only remember how to do it! Daoqun and I met online in late 2006, met in person in January, 2007, and were married in May. I moved here in late August (we filed in Beijing on August 29) and now we are waiting for our interview date on October 27. We will have a number of "problems" to overcome (it is possible the Immigration people will see them as problems; they're not to us), such as my previous wife (and a person for whom I was the sponsor) and I were divorced a couple of months after Daoqun and I met online (so Iwas still married, but Zhenshu had abandoned me and I filed for a divorce months before I met Daoqun). I must now also demonstrate that I can support a household of three: myself, Daoqun, and Zhenshu, should she still be in the US and taking civil action. I don't know, and the INS will not tell me. Our divorce agreement bars her from "ever seeking any money or support, whatever, in the future". Her old friends say she has left the country. The fact that Daoqun and I are currently living together in China should add some weight to the notion that we are "together forever", as we certainly are. I did not make the same huge mistake this time: marry someone who only wanted to get a green card! Any suggestions about filing the Affidavit along with the other two forms? And where the heck can I get that thing notarized here, in central China?

The woman at the Kerry Center helped us a lot, and really, she seemed like she would not accept our application unless it was perfect. So she scoured it and had us change everything she thought was necessary. Here's an update: We received our confirmation in the mail today! The address we used worked fine and it may interest others to know that filing directly kind of moves you to the head of the line. We received our D-230 along with the confirmation, as well as the Affidavit of Support. The instructions say our next step is to complete these documents, get our other documentation together (police report, translations, etc., etc,), and send them to Guangzhou. Our interview appointment will be scheduled then! Pretty slick, if it all works. quote name='Sadie' date='Oct 25 2007, 11:20 PM' post='346833'] Thanks for all the help. I sounds like as long as I make it clear what address things need to be mailed to an an attachment there shouldn't be a problem. Thanks for the N/A tip, I've used that throughout our application... oops! I'll be sure to post any info as we receive it.