captain america
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Posts posted by captain america
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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.
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I filed my I-130 at the Guangzhou consulate (DCF filing) last Friday, and wanted to describe the process/share what I learned for anyone who might be doing it there in the future.
- Where/When: To file the I-130 in GZ you must file at the GZ consulate (5th floor, 136-142, Linhe Zhong Rd) during the public walk in hours; these are only on Fridays from 9am to 11am. Highly advised to arrive early; I got there at about 8:40am, and didn't complete the process until 10am. When I left there were still a good 12 people in line, and at the rate they were going there was no way they were going to finish them all by 11am.
- Finding the office: It was shockingly difficult to find the actual USCIS office inside the GZ consulate. I had to ask three different people and was directed to three different locations before a security guard finally asked around and directed me and another person to the right place. To find it: at the top of the escalator to the 5th floor turn right towards the immigration area (not left towards the US citizen services area). You will go through security, after security turn left and enter the large room with several lines. In the far back corner on the right side there is a glass door; that is the USCIS office and the line formed on the seats outside the door. There is a little paper sign on the door that you can't read until you get close to it.
- Residency: To prove Chinese residency, they required my Chinese residence permit (the visa sticker inside my passport). They did not require any other documents to prove this.
- Address used: Since I was moving back to the US as soon as I filed, I listed my address as my wife's address, which happens to be in Wuxi, which is NOT in the Guangzhou consulate's area (would fall under Beijing). This caused a little confusion, but I explained I did live in Guangzhou but was leaving that address and thus wanted anything mailed to go to my wife's home. They accepted that explanation.
- Original passports: I brought both my and my wife's original passports, and both of our marriage certificates (the little red books). They looked at both of them and verified the copies were legit before giving them back to me. So I believe in GZ it is required (or at least preferred) to bring originals of these docs.
- Notarial marriage certificates/wife's birth certificate: When we got married at the "foreign marriage office" in Nanjing, they told us they dealt with the US consulate all the time and knew what papers they needed, and offered to prepare them for us for an extra 80RMB, which we gladly accepted. These were white books (A4 size), with the original document, translated copy, and a notary statement ensuring these were legit translations. These seemed to satisfy the GZ office, so I would recommend anyone order these if it is an option when you are married.
- G235a: I downloaded what I think are the new (one page) version of this form, but they still required 4 copies of mine and my wife's. This wasn't a problem though since she made the copies for me at the consulate.
- Required 2 pictures: probably goes without saying, but these are passport sized pics. Make sure they are the US sized passport pics; all countries don't use the same specs.
- Pics to prove relationship: she said they didn't need these but I was welcome to turn them in if I liked. I did so; better safe than sorry.
- Payment: after she verified all the documentation she sent me out to the payment window to pay my $355 fee. They payment window accepts US dollars, RMB, or US credit cards (will charge you in USD; a nice option!)
That's it for now; hopefully this info helps out someone in the future going through the process. Feel free to send me any questions if desired.
Thank you for the great info.
I dont think I can get reisdence permit on L visa even though I live in China 3 years with wife. Possible BJ or Chengdu would be more open minded if I can prove I have lived in China past 6 months.
Married in States 3.5 years ago immediately moved back to China with wife. She is on B1 and travels back and forth for Business.
Want green card, found some difficulty because L visa. More restriced.
TThanks for all info.
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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.
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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
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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. -
I would think the entry/exit stamps in passport will show living in China for longer than 6 months, this may satisfy them, however some sort of residency stamp may be needed.
You'd think so. The residence permit is an official looking sticker that takes up an entire exit/entry page. You can also gain residence status by being a student. Don't know if that's an option you're willing to consider.
Hi , sent you recent letter. I believe you stated in earlier post you had come in on L Visa also. Is that correct?
Thank you.
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So, I apply for i-130 in states and then if I become sponsor for wife , then I can file DCF is that correct .
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Hi friends,
We are heading out to states on business. She travels on B1. We go soon. What happens if I file DCF in states before we return to China. The flow chart goes which way. Paper work trail, US to China, Interview in China then back to US with green card if all goes well?
We have lived in China over 3 years. Married over 3 years. Travel quite a bit to States on Business , never applied for Change of Status. Green card.
How long would DCF take in States normally compared to China.
Conflict of two visas going at same time. So I need to think about that also.
I would have filed in China in BJ or Guangzhou and perhaps will still file in China after we get home. However my L visa does not allow for filing DCF or some what depends on luck of the draw some have filed this way after the 6 month time limit. What complications and time differences could i expect China DCF vs US DCF?
Thanks for the help or suggestions, My previous post was given great attention and help.
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I just filed the I-130 in Guangzhou (DCF) today. My understanding is that they definitely want to see a residence permit (they definitely looked at mine). Since most of the documentation says that, and the lady at the GZ consulate told you that, I expect it is likely what they want to see.
However, if it is convenient for you to try, you could always try to file and see if they accept it. There's no penalty for trying, and you have to assemble the same paperwork anyway if you end up filing in the US.
Not to be discouraging, but I think the odds of the local PSB "helping" you with anything are about slim to none. Getting the resident permit is a huge pain, and takes a long time, and can be rather expensive, and they do take it pretty seriously; I have never heard of them giving a quickie. In fact I would caution you about even going and asking them; technically it is not legal to work in China on an L visa, and going to them and admitting you have been doing so is inviting trouble.
Thanks for the heads up. I really appreciate the people on this site , very honest and helpful. I have had a couple tell me go ahead because they got through on L visa, while others said perhaps the residence card is a must. I talked to a Visa officer who is a friend he said he thinks perhaps in the near future the L visa will have similar status with the others. Because if you are given a visa to remain in China legally such as L visa and you are here for at least 6 months as a resident then you should have passed the rule. My thought is since I am heading out soon to the states perhaps I will take all my stuff and try to DCF file and see what happens. My wife is going to be heading in from China also on Business she goes quite a bit of the time on B1.
What is the procedure. I know once we decide to file it could create issues for her getting B1 visa also. So I must use caution and stay legal. Do I go in with all the DCF paper work and file in US then later she gets called in by guangzhou since we have our residence in China. I have not focused on US DCF yet just beginning. My gut feeling is after catching up on my reading is if its quick enough and ok then I will file in US , DCF but if not the when I return to China early next year I will try to adjust my visa status, go 6 months on Z visa or some other one then head to Guangzhou and file . Thinking out loud. Thanks if any one wants to read all this and give opinion or ideas.
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Hi Randy, I understand resident , key word. We were married in USA while my wife was doing some work there but we never resided there. My L visa multi entry was the only issue I was questioning. Also If you are married in USA must you file DCF in USA?
So I am resident for 3 years, should try to go to Guangzhou you think?
Or go back to States on B visa she already has and file there , any thoughts.
Sticky questions I know.
Thanks , I think you are on the right track with the resident word, Not focused on type of visa only.
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Hi, Just want to say thank you for helping me figure things out first.
The question is this. I live in CQ China for 3 years with wife . We married in States july 2006. We moved to China soon after. We are working for Corp out of US. We do humanitarian work. I got the L Visa, multi entry , re new year to year. So to file DCF in Guangzhou this is good as long as you evidently have residence card which I dont. You dont get this card unless you work for China company. You evidently could work for 5 years and live in China under L visa , or any amount and not be able to DCF in China. This is a problem I dont know how to get around . If I file in USA, by DCF or do I File in Guangzhou? I have heard some difference experiences and really dont know at this time. The Lady I talked to at Guangzhou China US today said the L Visa is not going to let me file DCF. If any one else has any similar experiences with DCF filing in China or Ideas I would appreciate feed back. I think filing in China might be faster but I am heading out to US soon.
Confused, Looking for options.
Stephen, Captain America
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f 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.usembassy-china.org.cn/homeland_security.html for more details.
The key word there (which leaves a little open to interpretation) is "resident"
http://guangzhou.usembassy-china.org.cn/iv_faqs.htm#10
scroll down to #10
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I would think the entry/exit stamps in passport will show living in China for longer than 6 months, this may satisfy them, however some sort of residency stamp may be needed.
I think I am wishing to get it done in Guangzhou but maybe its a bit like playing poker. Thanks for the quick reply. Today I talked to a Visa officer friend, should get back to me soon. I think I might go ask the PSB office if they can do something with regard to what you stated. Do you know if i return to the states Can my wife and me together file DCF there , evidently this is the text book answer from the lady in Guangzhou. If so maybe that will be next.
Thanks again
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Hi, Just want to say thank you for helping me figure things out first.
The question is this. I live in CQ China for 3 years with wife . We married in States july 2006. We moved to China soon after. We are working for Corp out of US. We do humanitarian work. I got the L Visa, multi entry , re new year to year. So to file DCF in Guangzhou this is good as long as you evidently have residence card which I dont. You dont get this card unless you work for China company. You evidently could work for 5 years and live in China under L visa , or any amount and not be able to DCF in China. This is a problem I dont know how to get around . If I file in USA, by DCF or do I File in Guangzhou? I have heard some difference experiences and really dont know at this time. The Lady I talked to at Guangzhou China US today said the L Visa is not going to let me file DCF. If any one else has any similar experiences with DCF filing in China or Ideas I would appreciate feed back. I think filing in China might be faster but I am heading out to US soon.
Confused, Looking for options.
Stephen, Captain America
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You qualify, the rule is that you have been resident 6 months or longer, NOT 6 months residence while married the entire 6 months.
So you can be resident more than 6 months and only married a few days and still qualify.
HI, I am responding to you answer to another person. I would very much appreciate anyone who could help me understand more on DCF filing. I live in CQ China with wife 3 years on L visa. Married 3 years. Just talked to guangzhou today. Nice lady said you have L visa multi entry but even though have lived with wife 3 years in China you work for US Non Profit, You cant file DCF in Guangzhou must file in States. Residence card I dont have . Evidently I am confused because others posted a different view. One person I read said you just need to live in China 6 months and you can file. What I want to know if do I file in US, or China. Would think Guangzhou is faster and I have been here 3 years If any one can give me the facts before I fly to guangzhou and they laugh at me let me know. Thanks
Any one Confused About DCF
in General Visa Discussion & First Steps
Posted
I am happy to have a place to ask questions. My own DCF questions started 3 weeks ago when I talked to my wife in China about working on GC for her. I am USC with Chinese national living in China 3+ years. Married the same. ( Have L visa, Long term Multi entry last 3 years) Have home in China, Do Humanitarian work with wife. Wanted to see i I qualified to file DCF in China.
After reviewing my particular situation I read lots of stuff on this and other sites. Talked to attorney. Finally decided to start process of calling in China for DCF filing info. ( How to)
1. Called Guangzhou talked to Chinese lady very nice, did not want to spend to much time with me. After about a minute she said you must file in US for GC cant DCF in China. Because married in US almost 4 years ago. I said oK. But later decided to ask others.
2. Called Chengdu after another week of review. Told them my history they said come in and file for I-130 no problem. She said she would send me the DCF paper work from BJ. I said ok. She sent it and it was what I had already seen. 6 months resident on Z visa otherwise might be tough. ( Some say key word is must reside) So time would be important, i though perhaps more than type of visa.
Since L visa has no residence permit.
Next day she sent me email with interesting comments. Sorry she said after talking to Chengdu leader and BJ uscis on L visa you can not file I-130 unless you have lived in China 10 years , which I have no read anywhere.
3. Next day I call BJ embassy told them I needed DCF or consular section they said ok. Talked to nice american man who said after hearing my history and wives. Quickly said yes You can file for I-130 in chengdu no problem or in BJ. I said are you sure he said . no problem
you qualify where you file is up to you based upon where you live.
4. Following day called BJ again to see if I could ask him a couple more questions. He was out they gave me nice chinese man. He said after talking with him 10 minutes. No problem you are doctor and have L visa lived here most of time last 3 years. File in BJ or Chengdu
I said, Are you sure , he said yes, Come to BJ now if you want.
So , I thought the following.
Conculsion, A. Guangzhou, You cant not file at all DCF.
B. Chengdu , You can file then you cant file.
C. BJ you can file no problem. two people same answer.
Final: Throw coin in air. The issues are varied as much as the people.
Hope this helps someone.
B)