DCF questions

[rhour]

Hello all,

I am a U.S. citizen that works and lives in Nanchang Jiangxi Provence.

Since Jiangxi is in the Beijing district I filed a I-130 directly to the Beijing Embassy July 14.

They told me they will take 2-3 months to approve my petition then forward it to Guangzhou where they will take an additional 7 months. They indicated to me that I had to show them a residency permit in order to due a DFC. My passport has a Chinese visa stamped (2 year residency permit) so with this they accepted my petition.

I also asked if they would open a provisional file on my case as I had all the paperwork completed that Guangzhou will ask for but they refused to accept it.

I will keep all informed of my process.

Bob

[david_dawei]

Hello all,

  I am a U.S. citizen that works and lives in Nanchang Jiangxi Provence.

Since Jiangxi is in the Beijing district I filed a I-130 directly to the Beijing Embassy July 14.

  They told me they will take 2-3 months to approve my petition then forward it to Guangzhou where they will take an additional 7 months. They indicated to me that I had to show them a residency permit in order to due a DFC.  My passport has a Chinese visa stamped (2 year residency permit) so with this they accepted my petition.

  I also asked if they would open a provisional file on my case as I had all the paperwork completed that Guangzhou will ask for but they refused to accept it.

  I will keep all informed of my process.

Bob

138333[/snapback]

Hi Bob,

 

Welcome to CFL.. nice to have another DCF on board.

 

I don't think your Guangzhou time will take 7 months.. that's a bit longer than what we are seeing but I am sure they are just trying to be very conservation. I think the entire process could be 6-8 months for you.

[ateam]

Bob, the 2-3 month quote may be conservative too. I haven't done a DCF analysis by any means, but as a single data point, I can tell you our DCF petition through the Beijing consulate took 40 days for approval.

 

Best of luck!

A&A

[david_dawei]

For DCF, I-130 filed at a Consulate:

 

SO, when are the following documents AND their fees handled in the process:

 

1) DS-230

 

Is this received with P3 and returned like a K# visa does?

 

WHen and where do you pay, authorized bank or at GUZ interview ?

 

2) I-864

 

Is this held onto till the interview? IS there a fee for this ($65) , as there is for someone doing it at NVC?

Edited July 23, 2005 by DavidZixuan (see edit history)

[HanLi]

For DCF,  I-130 filed at a Consulate:

 

SO, when are the following documents AND their fees handled in the process:

 

1) DS-230

 

Is this received with P3 and returned like a K# visa does? 

 

WHen and where do you pay, authorized bank or at GUZ interview ?

 

2) I-864

 

Is this held onto till the interview?  IS there a fee for this ($65) , as there is for someone doing it at NVC?

139818[/snapback]

The DS-230 gets issued after the payment of the Visa processing fee...

[david_dawei]

For DCF,  I-130 filed at a Consulate:

 

SO, when are the following documents AND their fees handled in the process:

 

1) DS-230

 

Is this received with P3 and returned like a K# visa does? 

 

WHen and where do you pay, authorized bank or at GUZ interview ?

 

2) I-864

 

Is this held onto till the interview?  IS there a fee for this ($65) , as there is for someone doing it at NVC?

139818[/snapback]

The DS-230 gets issued after the payment of the Visa processing fee...

139825[/snapback]

your answer is for somone who files in the US... and goes through NVC.

 

These questions are about DCF.. filing directly to the consulate.. for someone who has married and moved to china to do the filing. Their process is unique from the state side filings.

[lizziedannypie]

For DCF,  I-130 filed at a Consulate:

 

SO, when are the following documents AND their fees handled in the process:

 

1) DS-230

 

Is this received with P3 and returned like a K# visa does? 

 

WHen and where do you pay, authorized bank or at GUZ interview ?

 

2) I-864

 

Is this held onto till the interview?  IS there a fee for this ($65) , as there is for someone doing it at NVC?

139818[/snapback]

Question 1:

DS-230 part¢ñ is received with p3. DS-230 part¢ò is received with p4. I payed $180 when I filed in Kerry Mall in Beijing and I payed the next $380 at my interview day.

Question 2:

I took the I-864 with me to Guangzhou for the interview. And that was the first time the I-864 showed up.

Here is my process:

Filed in Kerry mall(payed $180 and got the receipt which is p1)¡úgot p2 from Beijing¡úgot p3 from Guangzhou and returned the ducments they asked you to return¡úemailed GZ and called DOS¡úgot p4 from Guangzhou¡úinterview day (with $380,I-864 ,DS-230 ¢ò,GIV-24 and blah blah blah)

See, DCF is really easy to go through. A lots of waiting still.

 

Lizzie

[Jocelyn]

Another thing I'd like to add...in terms of the waiting time between filing your I-130 and getting the P2 approval, it seems that people in the BJ district get faster service. I filed mine January 4, but we didn't get the P2 approval from BJ until April 5. And when I looked at the date it arrived in BJ, it was January 19/20 or so, which suggests to me that it may have been sitting around SH before someone even bothered to send it off!!

[Katrina]

I would also agree with Jocelyn. We DCFed in Shenyang May 13th and we still have not received P2. It's been more than 80 days.

[rhour]

Bob, the 2-3 month quote may be conservative too.  I haven't done a DCF analysis by any means, but as a single data point, I can tell you our DCF petition through the Beijing consulate took 40 days for approval.

 

Best of luck!

A&A

138341[/snapback]

Just to keep everyone informed of our progress. I live in Jiangxi Provence which is in the Beijing Consulate District. Beijing told me that I could save on travel expenses by filing the I-130 in Shanghai and they would forward it to Beijing. I did not want to add another step in the process so I filed directly in Beijing at the Kerry Center which is about 1 mile from the U.S. Embassy. I had a scheduled appointment in the afternoon but they told me it is flexible and to come anytime in the afternoon. When we took the elevator to the 27th floor in the Kerry Center we had to search to find the office as it was not placarded like the other offices.

I dropped my I-130 and related documents off with them in the Kerry Center Office then proceded to the U.S. Embassy 1 mile down the road to pay my application fee. The Kerry Center office told me that I could just have the Embassy fax my receipt to them. I wanted to eliminate another step so I hand carried my receipt back to the Kerry Center. I am happy I did that because when I returned to the Kerry Center they were further checking my package and asked to see some original documents.

My time line from filing to receiving P3 was exactly 2 months. Now the wait!

Bob & Xinhui

[frank1538]

I've seen information posted on various Attorney and other sites that stipulate China as NOT being a country where DCF for the American petitioner is an option. This is clearly not the case because at least of few have been successful.

136775[/snapback]

Jesse, you have to distinguish between those consulates that require the USC to be a resident of the foreign country (China) and those consulates that don't. There are a number of consulates that will process the I-130 filed by a non resident of the country if the marriage takes place there. I remember one case where the couple got sick and tired of waiting for TSC. He was a USC; she was from Europe. Both hopped on a plane to Gibraltar, waited a few days as required to get the marriage license, got married, and filed DCF. Total time was less than a month.

 

Unfortunately, our Chinese SOs don't usually have the flexibility of being able to travel to such countries. Take a look at http://www.usaimmigrationattorney.com/DCFa...Fcountries.html which lists those consulates where residency in not required. I caution you though that the list may not be completely accurate.

[Guest ShaQuaNew]

...

 

Unfortunately, our Chinese SOs don't usually have the flexibility of being able to travel to such countries.  Take a look at http://www.usaimmigrationattorney.com/DCFa...Fcountries.html which lists those consulates where residency in not required.  I caution you though that the list may not be completely accurate.

155572[/snapback]

Thanks Frank,

 

I've seen the Bala website and it's chocked full of information -- what I scanned seems to be on target.

 

It's very interesting that I've really not heard this option discussed much. It's clearly a viable option, and one that most of us would take when staring month after freaking month of separation from our loved one.

 

Now, if it's as simple as one of us meeting our SO in a third country, getting married, and filing the appropriate paperwork I'm there. I would like to see the steps layed out in print.

 

Again, why is this not widely discussed? Is it that difficult for a mainland Chinese person to travel to a third country? If not, why isn't everyone doing it?

 

And per edit....

Keep in mind that DCF Processing is not meant to be taken advantage of as a fast ticket to a "quickie" visa. It is strictly a discretionary tool and option with some U.S. Consulates to process certain resident visa petitions. No rules mandate or require any Consulate to undertake this type of processing format. It is done either as a diplomatic courtesy for visiting U.S. citizens, or in some cases as the only available processing method for U.S. citizens who are "residents" of a foreign country, without a current viable U.S. residence. Moreover, before undertaking the DCF format, care must be taken to avoid situations where DCF processing of a case "backfires" resulting in greater delay than if the case were filed in the first place at the appropriate Immigration Office back home in the U.S. This could happen in certain cases because Consular officers are authorized to approve direct-filed petitions, but not to deny them. This means that, under DCF, cases which are "clearly NOT approvable" must be forwarded to the appropriate Immigration Office back home in U.S. for scruntiny and decision, resulting in greater delay. Thus to avoid untimely delays and gross disappointment, you should analyze your case situation, and only submit a DCF if you are sufficiently satisfied that you and your spouse "qualify" for visa, present no unusual background problems or issues, and otherwise present a "clearly approvable" petition with proper supporting documentation.

 

Maybe that's the reason....

Edited September 20, 2005 by ShaQuaNew (see edit history)

[audelair]

Jesse, you have to distinguish between those consulates that require the USC to be a resident of the foreign country (China) and those consulates that don't.  There are a number of consulates that will process the I-130 filed by a non resident of the country if the marriage takes place there.  I remember one case where the couple got sick and tired of waiting for TSC.  He was a USC; she was from Europe.  Both hopped on a plane to Gibraltar, waited a few days as required to get the marriage license, got married, and filed DCF.  Total time was less than a month. 

155572[/snapback]

yea, it's best to inquire with the consulate directly and ask, and tell them exactly what type of visa you are there on, where the marriage took place, etc.

 

The few things to consider:

 

- What visa (if any) is the USC on in that country? Additional residence requirement?

- Does the marriage have to take place there?

- What status is the intending immigrant in that country?

 

For Australia, it seemed to have the most relaxed rules. The USC can be just a visitor on a simple tourist visa. The marriage can take place anywhere, as long as it is translated into English. And the intending immigrant can be a 3rd country national as long as they can show they are in that country for a purpose OTHER than visiting or for filing the visa (i.e. someone no a student or work visa can file).