It is my turn to contribute to this site since it helped me tremendously during my wife's CR-1 application. I am going to copy and paste some of kdavid3's comments from above and make edits to it since things have changed from 2014. Thank you kdavid3, I read your comments over 30 times since I started the application process for my wife. This is a (updated) guide for Americans interested in getting their Chinese spouse an immigrant residence visa (i.e. a green card) for the United States. This guide is based on my experience of personally preparing and filing all documentation for the entire immigration process. All requirements, forms, etc. were current as of August 2016. Please ensure the forms enclosed herein are current at the time you file. The information below is for filing for a CR-1/IR-1 visa. Couples who have been married for longer than two years are eligible to file for an IR-1 visa. Process is the same. It is the immigration officer at Guangzhou who determines what visa an applicant gets. There is no bargaining. I tried to get my wife an IR-1 since we have a daughter, born as an American, and failed. Our Timeline September 10, 2015: DCFed in Beijing October 23, 2015: DCF approved and forwarded to Guangzhou November 9, 2015: I-130 approved; asked to complete DS-260 online *May 19, 2015: DS-260 submitted online June 13, 2015: DS-260 approved; asked to schedule interview and complete medical July 7, 2015: Completed medical (morning) and picked up results 3 business days later (3 business days required) July 14, 2015: Visa interview successful July 22, 2015: Received passport (with visa) and immigration packet Total wait time from start to finish, when immigrant visa was received, was 4 months. *I didn't submit the completed DS-260 right after I received an email from the Guangzhou office on Nov. 9th due to personal reasons. I could have submitted it right away. Step One: Start Preparing Before you Start Preparing (this step prepares for the applicant's Guangzhou appointment) Part of the application process requires proving that your life in America will be better than your life in China. This also requires proving that you have maintained a residency in America while you have been abroad. Historically, applicants have been rejected both because A) The immigration officer believed the life the couple/family had in China was better than what they could have in America (i.e. property and lots of income in China, but none in America) and B) the petitioner (i.e. the American citizen filing on behalf of his/her spouse) had failed to maintain sufficient ties to America. Additionally, part of the application process requires providing tax records. Regardless of where your income originates, all American citizens are required by law to submit a tax return each year. If you cannot provide at least one year of tax return (1 minimal, 3 optional), your case will likely be thrown out. Tax records not only illustrate that you have maintained ties with America, but also show the immigration officer that the beneficiary (i.e. the Chinese spouse being issued the visa) will not become a public charge (i.e. that he/she will not move to America and then immediately apply for welfare). So, what does all this mean? It means that before you consider beginning the immigration process, you should ensure that all your ducks are in a row years in advance. To do so, ensure you are doing the following: Maintain a US residence This does not mean that you must own property in America. Maintaining a residence simply means that you have a home in America. While this could be property that you own, it could also simply be a mailing address to where various entities post bank statements, credit card bills, magazines, etc. I used my own address as I maintained a condo in the US. I submitted electric bills, bank statements, and my condo's deed to the Guangzhou office. Maintain a US bank account Maintaining a bank account in good standing helps satisfy the residence criterion discussed above. Money in the account can also count as asset that can be used to support the applicant's living expenses. Own (and regularly use) a US credit card Maintaining a credit card account in good standing helps satisfy the residence criterion discussed above. Regular use and repayment of a credit card also illustrates that you value maintaining a good credit score, which is important for purchasing a home or car in America, etc. File your taxes each year that you are abroad As an American citizen, you are required by law to file taxes each year even if you do not earn any income (e.g. you are studying abroad). The final stage of the immigration process also requires that you provide tax return from the last tax year. Submitting tax returns from the last 3 years is optional and will help making a strong case. Keep a photo album Another part of the application process is providing evidence of a bona fide marriage (i.e. that your marriage is legitimate). Photos are an excellent way to illustrate that your relationship is legitimate and has been established for some time. Take regular photos of you two with friends and family, Chinese and foreign, and on vacation, etc. If you have, or are planning on having, children, take photos throughout the pregnancy as well. These will be needed when applying for the child’s American citizenship and passport. Plan your “exit strategy” As mentioned above, you will have to prove to the visa officer that the beneficiary will not become a public charge. The only way of doing this is by proving that you have regular income in America which exceeds the poverty line. The specific figure used by the visa officer is 125% of the poverty line. For example, if the poverty line is US$25,000, you will need to prove that you have an annual income of at least US$31,250. As the poverty line changes each year, you’ll need to do the math at the time you apply. Also note that having children increases this amount. The 125% is for the beneficiary only. If you have children, you’ll need to exceed this. Many sources state that while income per se is not the deciding factor, it is certainly the visa officer’s most concrete factor in assessing whether or not the beneficiary will become a public charge. Many sources also state that substantial savings may be considered in lieu of income (e.g. perhaps you do not have a job lined up prior to departing for the States). However, to share some personal details, I have no job lined up in the US and so I suspected a joint sponsor (i.e. someone who assists the petitioner in sponsoring the beneficiary) was required. I had my cousin filled out a joint-sponsor I-864 for the Guangzhou visit. It would be nice if you already had a job, had received a W-2 from your American employer, and also had a letter from your American employer commenting on the security of your position, etc. Without this, you will need a joint-sponsor who will be jointly responsible for the beneficiary, and/or have plenty of liquid assets at your disposal. Step Two: Direct Consulate Filing (I-130) As the beneficiary is a Chinese citizen, his/her application is eligible for Direct Consulate Filing. This cuts out a huge step involving the United States Citizenship and Immigration Services (USCIS) and National Visa Center (NVC). Beneficiaries who are not citizens of countries which allow DCF can wait up to eighteen months for their application to be approved. In order to file your application directly with a nearby consulate, you will need to prepare and bring the following documents: Evidence of petitioner’s American citizenship Copy of petitioner’s passport Copy of petitioner’s birth certificate Evidence of a bona fide marriage Copies of marriage certificates Copies of child(ren)’s passports, birth certificates, Consulate Report of Birth Abroad (CRBA) certificat Beneficiary’s G-325A Form Petitioner’s G-325A Form I-130 Form G-1145 Form Documents proving petitioner’s eligibility to file at the Beijing American embassy. In order to be eligible for DFC, the petitioner must have a temporary resident permit issued by a local police station. The document is used to satisfy this criterion is a copy of your resident permit/visa. 2 passport photos for the beneficiary 2 passport photos for the petitioner Once you have prepared the following, make an appointment with American Citizen Services (ACS) on InfoPass. Beijing office is the only office that could have handled my DCF application since I lived in Shanghai when I was in China. The Guangzhou office handles applicants from southern China. Step Three: DS-260 (online) Approximately four to six weeks after you file with the embassy, you will receive an email from the Immigration Visa Unit of the US Consulate General in Guangzhou. This email will outline the next steps in the immigration process. The email is very detailed. As long as you follow the directions, this step will go smoothly. Briefly, the actions required in this step include: Completing the DS-260 application online. This is an online form, as such it is not included herein. Registering a document pick-up location via http://ustraveldocs.com. Note that this address is both a pick-up and drop-off location. You’ll drop off the supplemental documents requested in the email and pick-up the beneficiary’s passport and immigration packet once the visa has been issued. Prepare supplemental documentation (if required) and drop this documentation off at the address registered above. We were only required to submit a scan of my wife’s passport, a copy of the pick-up registration document (which you’ll get once you register on the website), and two passport photos. Print and save a copy of this email for future reference. You will need to take it with you on the days in which you do the medical and immigration interview. Step Four: Medical and Interview Approximately four weeks after submitting the DS-260 online and the supplemental materials via中信银行, you should receive another email from Immigration Visa Unit to schedule your medical and interview. This email includes a link to the website where you’ll schedule the interview. It’s the same website you will have used in step three. Medicals are scheduled in advance. You make an appointment online and show up on the day of the appointment. My wife was done in about an hour and she was asked to go back in 3 business days. Since it took 3 days to get my wife's medical report, it is NOT advised to do your medicals in Guangzhou unless you live there or you plan to spend some time there. The medical examination is thorough. If the beneficiary does not have records of prior immunization, then the applicant has to retake those shots there during the medical exam . In my wife’s case, even though she had had the required immunizations as a child, the hospital at which she received the immunizations did not keep good medical records. As such, she was unable to provide evidence of immunization and required to receive the immunizations once again. My wife’s interview took about 5 minutes to complete. My wife was asked where we met and about my cousin's info since he filled out the I-864. For the medical examination, you must prepare and bring with you: Copies of the two emails sent to you by the Immigration Visa Unit (i.e. the one giving instructions for the completion of the DS-260 and the one allowing you to schedule your medical and visa interview). Copy of the visa interview confirmation page (you’ll get this once you schedule your interview). Six two-inch passport photos with a white background (the picture should be taken without glasses, if the beneficiary wears glasses). For the interview, you must prepare and bring with you: Forms: Visa appointment confirmation I-864 (completed by petitioner) DS-260 Consular Electronic Application Center - Print Application DS-260 Immigrant Visa and Alien Registration - Confirmation Page Notarizations and translations (see example of format required by the US embassy attached): Notarization/translation of beneficiary’s birth certificate Notarization/translation of beneficiary’s criminal background check Notarization/translation of marriage certificate, if applicant and petitioner were married in China. (Only ONE is needed. Your choice as to which. Marriage is bilateral.) Notarization/translation of child(ren)’s birth certificate, if applicable. Proof of bona fide marriage: Photos US Consular Report of Birth Abroad for children (if applicable) Child(ren)’s passport’s (if applicable) Any other evidence which proves the legitimacy of your relationship (e.g. marriage certificates, joint apartment/housing lease, matching passport stamps for travel abroad, etc.) Financials: Petitioner’s 1040 tax returns (at least one year, 3 option) Petitioner’s China savings/banking account statements Letter from petitioner’s US employer (if applicable) Beneficiary’s savings/banking account statement Misc. financials (e.g. IRA statements, deed, IRA/401K... etc.) Supplemental Financials (if required): Joint-sponsorship I-864 (completed by petitioner’s relative) Joint-sponsor’s passport biodata page (copy) Joint-sponsor’s 1040 tax returns (at least one year, 3 optional) Copies: Beneficiary’s passport biodata page (copy) Petitioner’s passport biodata page (copy) Petitioner’s birth certificate (copy) Petitioner’s Chinese resident permits (copy) Miscellaneous: Beneficiary’s six 2-inch passport photos Beneficiary’s resume, in Chinese and English Copies of two emails sent by Immigration Visa Unit My wife paid fees for the visa right before she was interviewed but after she submitted all supporting documents to an officer. This fee is not refunded if the interview is unsuccessful. You can optionally pay in advance online before the interview. If interview is successful, the beneficiary's passport will be returned via post to the 中信银行, or to an address submitted to ustraveldocs.com using premium service, within 15 business days. The visa will be included in the returned passport as will be the immigration packet. This packet must remain sealed until it is handed over to the border official upon entering the United States. Altogether, the process is straightforward and painless. Hopefully the information provided above can assist you in this process. Good luck!
