syzygy

Thanks again to everybody for your input. Yes, I did keep the originals separate and showed them when asked. The person I talked with conferred with (I guess) her supervisor 2 or 3 times before saying they were keeping the originals pending an investigation. Recently I asked about the disposition of the older petition. I was told it had expired and that all files had been destroyed, but obviously they still had my wife's ex-husband's name and the case # on file, so who knows what is still there for them to check? I wonder why, if Beijing does so much, the interviews can't be done in Beijing as well as Guangzhou?

Thanks to everybody for your replies. We took the originals to be compared to the copies. I thought the originals would be returned as soon as they saw that the copies were the same as the originals. So I was somewhat surprised. I was also surprised that there was the possibility of being interviewed at Beijing. My understanding of the process was that after checking to see that the I-130 and I-130a were properly filled in, and that all necessary documents or copies were included, the petition would be sent to Guangzhou, and we would be instructed later how to proceed. My wife's previous American husband submitted his petition in the USA and included no evidence of their marriage. The petition was accepted, and he was informed that further instructions would be sent shortly. At this point I believe the process stopped. I didn't include any evidence of our marriage beyond the required documentation. Since we have been married almost 4 years I thought it was unnecessary, especially since my wife's previous husband's petition was accepted without any additional evidence. My assumption was that any evidence needed would be provided by us at Guangzhou when my wife was interviewed. I have been worried for over 4 years that the fact that my wife had been married to another American and had been sponsored by him for a visa would be a problem. That was why I was troubled by the fact that Beijing retained the originals of the marriage and divorce documents, and said that we might be interviewed in Beijing. This was a different process than what I had expected, and I asked my question here in order to discover whether it was SOP.

My wife and I submitted the I-130 petition and I-130a at the Beijing Embassy recently. I had assumed that all Beijing would do would be to check to see if the forms had been properly filled in and the necessary documents and copies had been included. However, they retained the originals of the marriage certificates and divorce certificates (Chinese), and told us that they would be investigating our case, and that we might be asked to provide more evidence to prove the genuineness of our marriage, and might even be interviewed. This was a surprise to me, as I had assumed that sort of thing would only be done by the Guangzhou consulate. My wife had previously been married to another American citizen, and he began the immigration visa process which was not completed. I notice that the new edition of the I-130 petition (p.5, Part 4, #10) does ask "Has anyone else ever filed a petition for the beneficiary?"...which wasn't asked before, if I remember correctly. So evidently the US government is being more careful of such cases...something I have worried about for years. When I asked what the process would involve, I was given a very vague answer...really no answer at all. And I was told that the process might take up to three months to complete before the petition was either accepted and sent on to Guangzhou or denied. Can anyone tell me what Beijing will do as part of its "investigation", and whether it is SOP to retain marriage and divorce documents? I have asked in another thread if I had cause to worry that my wife's previous marriage to another American would cause problems, but didn't receive much response. The fact is that her previous marriage, on the surface at least, does seem sort of shady. Is the retention of the marriage and divorce documents a sign that we will in fact have a problem, or is it just standard procedure? Thanks in advance for your help.

Well...I said I was dense. In my defense though, sometimes the terms used are a little ambiguous, like "passport" (which country?), or "copy" (an original document or a reproduction/photocopy?). Plus I am a little paranoid after reading horror stories about what happens if every "i" isn't dotted or "t" crossed. And I probably tend to overthink things as well, and see meanings where they don't exist. I have since read some new information, now (I think) understand what is involved, and learned that I can get the certified copy of my wife's passport I need at the Shenyang Consulate, which is much more convenient than going to Beijing. I'd rather just need to focus on the I-130 while in Beijing if possible. Thanks again for your help...and your patience.

I wish I had seen this a few days ago. It answered so many questions I have been asking. I thought I had done a thorough search here, but I somehow missed this. Great post! Thanks!

I am probably being pretty dense here, and I'm sure everybody else reading this knows the answer, but am I know I am being dense here, and I'm sure everybody else reading this knows the answer, but is the passport we are talking about here an American or a Chinese passport? And if it is a Chinese passport, is it enough to submit the certified copy of the passport rather than the original when applying for an ITIN?

Thanks for the great reply! And thanks for the related link. It was late and I was tired, so I probably didn't research the topic as I should have. Sorry. I'm glad to know that the original passport will not be kept and that I can use it when I apply for the ITIN. I discovered that when trying to efile you also need an ITIN for your spouse even when not filing jointly. My wife is a Chinese national, lives in China, is not filing a return (either on her own or jointly with me), has no taxable income, is not being claimed as a dependent by me, and is not claiming any tax benefits, but still needs an ITIN!

When I file the I-130 petition, I know I need to show both original passports, as well as copies of the biographic pages. Will my Chinese wife's original passport be retained at that time, or will it be returned to her? I will need it to apply for an ITIN for her later. Also, can anybody explain what this means: " Your wife needs to apply for ITIN with IRS. If she needs her Chinese passport to be certified, please make an online appointment with ACS for notary service." What is meant by a "certified" Chinese passport? Is the original passport in some way "certified" or authenticated, or is a certified/authenticated copy issued? Or must a "certified" copy of a Chinese passport be obtained from the Chinese Government?

Form I-130, Part C, 18.requests "Address in the United States where your relative intends to live" I am a permanent resident of the PRC. Although I own a home in the USA, it is currently being rented out for income, and I do not have a residence in the USA at the present time. I do intend to return to the USA shortly and rent an apartment. That being the case, how should I answer the question?

Yeah, 3 years of marriage...most of it together in China, God Help Me!...should count for something! So you finally learned your lesson after two tries? Didn't you ever hear "The third time's the charm"? LOL! A broken bed? As the character in "The Quiet Man" said: "Impetuous!" BTW, my wife has 3 photos of her and her ex in bed, in their clothes, unsmiling. I wonder what the visa interviewer would make of that? Get rid of the pictures. I haven't actually seen them. She described them to me a couple of days ago, after much persuasion. Knowing how embarrassed she is by this previous marriage, she may get rid of them herself. I thought they might actually prove the marriage was bona fide, and be useful at her interview. But a couple in bed, clothed and unsmiling, isn't very indicative of a true marriage. Or maybe it is, given enough time together!

Yeah, 3 years of marriage...most of it together in China, God Help Me!...should count for something! So you finally learned your lesson after two tries? Didn't you ever hear "The third time's the charm"? LOL! A broken bed? As the character in "The Quiet Man" said: "Impetuous!" BTW, my wife has 3 photos of her and her ex in bed, in their clothes, unsmiling. I wonder what the visa interviewer would make of that?

When you file the petition with a USCIS office in China (either Guangzhou or Beijing). it is processed by the overseas office and then sent directly to the Dept. of State in Guangzhou. This is MUCH faster than filing the same petition in the U.S., where it has to also go through the National Visa Center, or NVC. To do this, you must LIVE in China. It is known as DCF or Direct Consular Filing. (duplicate posting removed) Can you define "Much faster"? I know that trying to estimate timelines here is a tricky business, so I don't expect a lot of specifics. I am going to be in the USA for several months. Do you think it would be a wash if I submitted my petition then, or waited six months or so and did it when I return to China? Thanks for your patience.

Which is faster: filing a petition for a greencard/immigration visa for a spouse in China (the petitioner and beneficiary both living in China) or the petitioner filing in the USA while the beneficiary is living in China?

As I've said, you can marry anyone you wish, for any REASON you wish. There is no scam here, since she did not receive immigration benefits through the marriage. Your reasons 1) through 6) went away when they divorced. Anyone can make a mistake. She has the advantage of having recognized hers. "Your reasons 1) through 6) went away when they divorced. Anyone can make a mistake. She has the advantage of having recognized hers." I may add, I suspect what finally drove her to divorce him was his increasingly violent behavior, which frightened her, and led her to believe he might graduate to actual physical abuse after they returned to America, where she would be isolated and unprotected. Parenthetically, IMHO, she would never have gotten a visa, because the marriage had so many characteristics of a "sham" marriage, but she wasn't sophisticated enough to realize that (and of course, I may be wrong). This added fact (which is partly speculative) may shed more light on the case and on her motivations and decision mking process. Her "decision making process" is not in question. You need to concentrate on your (and her) present relationship and visa process. I apologize for saying this, but your obsession with her previous relationship seems excessive. But of course, I only know you through what you've posted here - it's up to you and her to sort that out. You are exactly right. I'll try my best to "shut up" and "let it go"! Thanks again for your sane comments!

As I've said, you can marry anyone you wish, for any REASON you wish. There is no scam here, since she did not receive immigration benefits through the marriage. Your reasons 1) through 6) went away when they divorced. Anyone can make a mistake. She has the advantage of having recognized hers. "Your reasons 1) through 6) went away when they divorced. Anyone can make a mistake. She has the advantage of having recognized hers." I may add, I suspect what finally drove her to divorce him was his increasingly violent behavior, which frightened her, and led her to believe he might graduate to actual physical abuse after they returned to America, where she would be isolated and unprotected. Parenthetically, IMHO, she would never have gotten a visa, because the marriage had so many characteristics of a "sham" marriage, but she wasn't sophisticated enough to realize that (and of course, I may be wrong). This added fact (which is partly speculative) may shed more light on the case and on her motivations and decision mking process.