david_dawei Posted November 27, 2005 Report Share Posted November 27, 2005 (edited) See Next Post for text of the DCF FAQ. Updating comments will go here. 1) HK section updated - 12/20052) Section 2 about marrying in china updated - 01/2006 --- Please provide comments, new questions, etc... Edited January 13, 2006 by DavidZixuan (see edit history) Link to comment
david_dawei Posted November 27, 2005 Author Report Share Posted November 27, 2005 (edited) ===================================================================== DCF Frequently Asked Questions. ===================================================================== Section One: General Questions on Direct Consular Filing (DCF)-------------------------------------------------------------------------------------------------------------------Q.1.1 What is a FAQ? Q.1.2 What is DCF?Q. 1.3 What are the requirements to directly file at the consulate?Q.1.4 Where can one file?Q.1.5 Filing at Beijing Q.1.6 Filing at ChengduQ.1.7 Filing at Shanghai Q.1.8 Filing at ShengyangQ.1.9 Filing at GuangzhouQ.1.10 DCF issues related to NOA1 and NOA2Q.1.11 DCF issues related to P3Q.1.12 DCF issues related to P4 & I-864Q.1.13 DCF issues related to InterviewQ.1.14 DCF issues related to Domicile?Q.1.15 How long does the DCF process take?Q.1.16 How about filing at posts other than mainland China?Q.1.17 US based filing; Hong Kong interview?Q.1.18 Hong Kong filing, GUZ interview?Q.1.19 Sydney, Australia?Q.1.20 Where are the interviews held? ===================================================================== Section two: Questions related to fraud avoidance and visa denials ------------------------------------------------------------------------------------------------------------------- Q.2.1 Does it matter where we get married in China?Q.2.2 How do I get the single certificate in China?Q.2.3 How do I get the single certificate in the US?Q.2.4 What if I am divorced, do I need a divorce decree?Q.2.5 Is there a sample document for single status?Q.2.6 Declaration of not related to future wife? ==========================================================================================================================================The Answers.===================================================================== Section One: General Questions ------------------------------------------------------------------------------------------------------------------ (Edited 25 Nov 2005) Q.1.1 What is a FAQ? A.1.1.1FAQ is an acronym for Frequently Asked Questions. A.1.1.2When there is a FAQ available on a web site or forum, it is there to help people who are new to the subject get a basic level of understanding by answering the questions that are frequently asked. It is considered common courtesy in the on line world to read the FAQ before posting your question as it may already have the answer you need, or it might help you to formulate your questions so that someone else can more easily help you when you ask them. -------------------------------------------------------------------------------------------------------------------(Edited 25 Nov 2005) Q.1.2 What is DCF? A.1.2.1It's a street term for Direct Consular Filing? It is NOT an official term. A.1.2.2When a USC is a resident in a foreign country, they *may* be able to file the I-130 at the US embassy in the foreign country rather than sending it to the US for adjudication. Generally, a DCF filing gets approved and forwarded to GZ much faster than an I-130 filed through one of the service centers in the US. A.1.2.3What you are describing is a DCF where you file the I-130 directly with the embassy/consulate rather than sending it to the US for processing. She will get a CR-1 visa out of it and on entry to the US an I-551 stamp. That will be her temporary green card until the physical one arrives in the mail. She can work (with an SSN) and travel out of the US and back without any issues. The only other thing needed is two years after getting her green card is filing to remove conditions. A.1.2.4As a small note, DCF can only be done for a spouse, and it is an immigrant visa (CR1). You can not do a K visa DCF. A.1.2.5More info: Visa Journey:http://www.visajourney.com/forums/index.php?pg=compare 9 FAM:http://foia.state.gov/masterdocs/09fam/09n0200.pdf DIRECT CONSULAR FILING (DCF):http://www.usaimmigrationattorney.com/DCFa...Fcountries.html -------------------------------------------------------------------------------------------------------------------(Edited 25 Nov 2005) Q. 1.3 What are the requirements to directly file at the consulate? A.1.3.1As a general rule, the petitioner must reside in the consular district but the residence or even physical presence of the beneficiary is immaterial. The petitioner must execute the petition in person before the consular officer. A.1.3.2You do not need to wait 6 months after you get your residence book. I only had my residence book for a few weeks before I filed. And I know people who filed the day after they got their residence book. A.1.3.3I am only familiar with DCF and the process has taken roughly 7-8 months to get to the interview. I am already married and we filed the I-130. See, we weren't any different once we sent the P3 back, before that, you save a lot of time by avoiding the American centers. If one is truly determined, get married in China, live there for two years and then come America. A.1.3.4The employer takes care of obtaining a work permit (z-visa) and a residence book. Usually takes 2-3 weeks including a medical examination. As soon as you get a residence book, you can file DCF and immediately leave China if you want (although you might face penalties if you are tied into a contract). A.1.3.5Yes, you must have a residence permit. I have a student visa, so I have a one year permit... A.1.3.6I believe the big requirement is the residency permit. I don't think they care about the kind of visa. They did want to see a Z visa when we filed, but when I showed them the permit (I think I was on an X visa), they didn't seem to care about the visa? A.1.3.7More info: Direct consular filing, What is needed to file direct (05-15-05)http://candleforlove.com/forums/index.php?showtopic=10333 DCF, Qualifications (07-10-04)http://candleforlove.com/forums/index.php?showtopic=5890 -------------------------------------------------------------------------------------------------------------------(Edited 25 Nov 2005) Q.1.4 Where can one file? A.1.4.1there is one Embassy and 4 Consulates on the Mainland: Guangzhou - Consulate, where regional filing and ALL K# and C# interviews occur hereBeijing - Embassy, where regional filing occurs and all DCFs approvedChengdu - Consulate, where regional filing occursShanghai - Consulate, where regional filing occurs Shengyang - Consulate, where regional filing occurs A.1.4.2Be sure to call the place where you plan to DCF before going there to apply. You need to find out what documents you must bring. This information isn't on the Embassy website, surprise, surprise (at least it wasn't when I did this last November). And even though I called, they forgot to tell me to bring one document - when we traveled to Beijing and applied, they mentioned it. I said I brought what they told me to bring, and they fortunately accepted my application. A.1.4.3The way it works is, after you file [at other than BJ or GUZ], it goes to Beijing. They check over your forms to make sure you crossed the "t"'s and dotted the "i''s and lower case "j"'s. A.1.4.4All petitions are approved by the USCIS office in Beijing (also called the Homeland Security office). If you file at a consulate elsewhere it is sent to BJ for approval. Once approved by USCIS in BJ, it is forwared to GZ for security check and scheduling. So, you could file the petition in GZ, it is sent to BJ, then back to GZ for the rest. A.1.4.5More info: DCF questions, for FAQ (07-14-05)http://candleforlove.com/forums/index.php?showtopic=11533 Where to file DCF?, Chengdu or Guangzhou? (07-11-05)http://candleforlove.com/forums/index.php?showtopic=11450 A map of jurisdictions can be found here:http://www.usembassy-china.org.cn/beijing/consulate-map.html -------------------------------------------------------------------------------------------------------------------(Edited 25 Nov 2005) Q.1.5 Filing at Beijing A.1.5.1My wife and I did our I-130 DCF through Beijing. As mentioned, your receipt of payment (at least here in Beijing) is your only proof that you filed the I-130 at all. You will NOT receive anything until you get the actual Notice of Approval on the petition. A.1.5.2More Info: Direct Consular Filing (09-13-04)http://candleforlove.com/forums/index.php?showtopic=6933 Beijing:http://uscis.gov/graphics/shared/fieldoffi...ing/aboutus.htm -------------------------------------------------------------------------------------------------------------------(Edited 25 Nov 2005) Q.1.6 Filing at Chengdu A.1.6.1If you are in Chengdu's consular district, then it would be Chengdu that you would file with. It is about 6 to 9 months fast to DCF. Yes, you have to do it in person (I believe). Ms. Ren (She is Chinese) is who I submitted my forms to. She was very helpful. -------------------------------------------------------------------------------------------------------------------(Edited 25 Nov 2005) Q.1.7 Filing at Shanghai -------------------------------------------------------------------------------------------------------------------(Edited 25 Nov 2005) Q.1.8 Filing at Shengyang -------------------------------------------------------------------------------------------------------------------(Edited 25 Nov 2005) Q.1.9 Filing at Guangzhou A.1.9.1We filed DCF because we both live and work in Guangzhou. We filed directly at the Guangzhou Consulate. You need to file at the consulate/embassy that has jurisdiction over your area of your residence. When I first got there, they kept on sending me different places because no one seemed to have heard of DCF. You need to go to the Department of Homeland Security (DHS) on the second floor (next to American Citizen Services (ACS)). Also, I could only file Tuesday or Thursday afternoon (if I remember correctly). A.1.9.2More info: direct consular filing, faster to file in Guangzhou (10-24-05)http://candleforlove.com/forums/index.php?showtopic=13505 -------------------------------------------------------------------------------------------------------------------(Edited 25 Nov 2005) Q.1.10 DCF issues related to NOA1 and NOA2 A.1.10.1Once they are done (it took me about 2 months) they will send you a letter saying they are done and the forms are being send to GZ. That letter is basically what people call NOA2 (Notice of something 2... In my case that took 2 months). I never got NOA1. A.1.10.2More info: For all the recent DCFer's...., How long for I-130 NOA (06-19-05)http://candleforlove.com/forums/index.php?showtopic=11006 -------------------------------------------------------------------------------------------------------------------(Edited 25 Nov 2005) Q.1.11 DCF issues related to P3 A.1.11.1From the time you send in your P3 packet information, the DS-###pt 1 and such, expect about a 3 to 3 and a half month wait. This part doesn't change and is the same whether you are DCR or not. The part that takes the shorter time is the initial I-130 filing to getting your case number. A.1.11.2Then when it arrives in GZ, they will send you some more forms (AKA P3). For me, that was a week later. That's where I am at this point. I sent back the P3 in the end of April. A.1.11.3More info: P3 Question - CR1 in China (12-30-04)http://candleforlove.com/forums/index.php?showtopic=8119 P3-related questions (12-29-04)http://candleforlove.com/forums/index.php?showtopic=8113 DCF'ed in November, still waiting for P4 (06-23-05)http://candleforlove.com/forums/index.php?showtopic=11093 -------------------------------------------------------------------------------------------------------------------(Edited 25 Nov 2005) Q.1.12 DCF issues related to P4 & I-864 A.1.12.1More info: CR1 visa fee, We DCF'd -- is it paid at GUZ? (11-09-05)http://candleforlove.com/forums/index.php?showtopic=13890 Getting ready for interview (10-28-05)http://candleforlove.com/forums/index.php?showtopic=13587 864 forms and visa and visa turned down (06-22-05)http://candleforlove.com/forums/index.php?showtopic=11053 Questions about translations and I-864 (05-18-05)http://candleforlove.com/forums/index.php?showtopic=10389 I-864 Question, For DCFer (05-21-05)http://candleforlove.com/forums/index.php?showtopic=10435 I-864 P3 Question, Do I really need to send this now? (12-30-04)http://candleforlove.com/forums/index.php?showtopic=8125 -------------------------------------------------------------------------------------------------------------------(Edited 25 Nov 2005) Q.1.13 DCF issues related to Interview A.1.13.1If you're living in China, you will def need a joint sponsor for the I-864, whether you have lots of money or not. They want someone making money in the US to guarantee her and you will also have to show "domicile" A.1.13.2my husband got everything over with all at once. He went in the morning [to Guangzhou Consulate for interview] and they did the whole interview, collecting the I-864 and all accompanying tax returns. It was all over by noon. A.1.13.3More info: DCF interview experience (11-19-05)http://candleforlove.com/forums/index.php?showtopic=14086 household register, I'm not on it (10-11-05)http://candleforlove.com/forums/index.php?showtopic=13202 Passed Interview!, Feeling better everyday! (06-21-05)http://candleforlove.com/forums/index.php?showtopic=11035 -------------------------------------------------------------------------------------------------------------------(Edited 25 Nov 2005) Q.1.14 DCF issues related to Domicile? A.1.14.1"Domicile" is a complex concept, but is often defined as that place to which you will return after temporary stays elsewhere. A.1.14.2lived in China for 2 straight years and my husband almost didn't get the visa because of that. Luckily, when told he must prove my ties to the US, he remembered to pull out a letter from a University accepting me to the Master's program. That was enough for us, but the VO's do take domicile as a serious issue A.1.14.3If your domicile is not in the US, you cannot execute the I-864. If you, the petitioner, cannot execute the I-864 because of this, you cannot use a joint sponsor. No sponsor = no I-864. No I-864 = no visa. A.1.14.4Apparently, the American spouse -- in these cases -- in general had been in China for a while, had a profitable/steady job, real estate in China, and probably the SO had a fairly stable situation as well. I guess when the VOs see this sort of situation, in their minds they see it as "no reason to immigrate" and will sometimes deny on those grounds. I guess the thinking is you are already together and have a good life/future in China. It seems that the aforementioned DCF couples who were denied visas probably didn't pass the "domicile" test -- to prove that your primary residence is in the US. I prepared a folder specifically for this evidence. It included an Affidavit from my father attesting to our relationship and the fact that our residence will be at his home when we arrive; a copy of my voter's registration card (showing the same address as my father); a copy of my driver's license (also same address as my father); one of my plane tickets back home and a copy of my frequent flyer's log showing all of the trips I've made back home; e-mails discussing my trips back home. A.1.14.5More info: I-864 and Joint Sponsorship, My AOShttp://candleforlove.com/forums/index.php?showtopic=13811 I-864 FAQ, how is domicile determined:http://travel.state.gov/visa/immigrants/in...nfo_1328.html#4 -------------------------------------------------------------------------------------------------------------------(Edited 25 Nov 2005) Q.1.15 How long does the DCF process take? A.1.15.16-10 months. A.1.15.2Beijing Examples: (10 months)11-16-04 - I-130 Petition for CR-1 in Beijing12-08-04 - P2 received12-29-04 - P3 Received from GUZ01-19-05 - DS-230 Part 1 sent to GUZ03-26-05 - OF-169 (checklist) sent03-28-05 - OF-169 (checklist) entered into computer04-01-05 - Namecheck complete07-27-05 - P4 sent to my wife09-14-05 - Interview passed (7 months)11-20-04 - Filed in Kerry mall(paid $180 and got the receipt which is p1)11-20-04 - P1 received12-20-04 - P2 received12-30-04 - P3 from Guangzhou [and returned 01-01 , including DS-230, part I]04-30-04 - P4 from Guangzhou (includes receiving DS-230, part II)06-21-04 - Interview day (paid $380; delivered I-864 ,DS-230, etc) (6 months)12-02-04 - Filed I-130 by DCF12-21-04 - P2 received12-29-04 - P3 received01-11-05 - P3 returned03-37-05 - Namecheck done (not sure when)04-29-05 - P4 [first one] sent and lost05-18-05 - P4 replacement06-16-05 - Interview Passed (7 months)08-12-04 - Filed I-130 direct at USCIS in BJ08-14-04 - P1 received08-24-04 - P2 received09-06-04 - P3 received09-14-04 - P3 Sent back10-20-04 - Name check complete02-15-05 - P4 arrives03-23-05 - Interview (8 months)02-23-05 - I-130 DCF File through Beijing04-04-05 - I-130 approval date (mailed 4/11)04-13-05 - P2 received04-18-05 - Case received by GUZ04-22-05 - P3 received04-25-05 - Returned DS-230 Part 1 to GUZ05-13-05 - Name Check Complete (first... second unknown)08-31-05 - P4 Sent10-20-05 - Interview date A.1.15.2Chengdu Examples: (8.5 months)02-20-05 - DCF-ed in Chengdu04-15-05 - P2 Received04-23-05 - P3 Received04-28-05 - P3 Mailed to GUZ06-16-05 - Passed all name checks10-01-05 - P4 Received11-02-05 - Interview A.1.15.3Guangzhou Examples: (6 months)11-30-04 - DCF Guangzhou12-0x-04 - P3 received12-0x-04 - P3 returned (except checklist)01-0x-05 - P3 checklist returned04-2x-05 - P4 received06-01-05 - Interview (Passed!) A.1.15.4Shanghai Examples: (10 months)01-04-05 - DCF in Shanghai04-05-05 - P2 received04-20-05 - P3 received04-24-05 - OF 230 sent to GZ05-14-05 - OF-169 sent to GZ06-21-05 - 2nd namecheck completed10-01-05 - P4 received11-15-05 - interview -- PASS!!! A.1.15.5Shangyeng Examples:05-13-05 - I-130 handed into Shengyang Consulate08-22-05 - P2 approval (BJ)09-12-05 - P3 received -------------------------------------------------------------------------------------------------------------------(Edited 28 Oct 2005) Q.1.16 How about filing at posts other than mainland China? A.1.16.1Other than mainland China, Hong Kong and Syndey, Australia are other consulate locations that have been filed at. A.1.16.2Paris:I am pursuing my master degree in France. My fiancee visa was approved at the end of Sept? I mailed to US embassy in GZ several month ago, and the answer is I can be interviewed in Paris. I am in China now to complete all the documents. My fianee received note that my application will be sent to Paris soon, but the attorney said consulate of US in France might return my application to NVC, then resend it to GZ. I already bought my ticket to return France? A.1.16.3More info: Direct Consular Filing by Country http://www.kamya.com/intro/dcf.html -------------------------------------------------------------------------------------------------------------------(Edited 27 Nov 2005) Q.1.17 US based filing; Hong Kong interview? A.1.17.1if you get married in Hong Kong then the k-3 visa interview is done in Hong Kong if you get married in China the the k-3 interview is at GZ A.1.17.2If you are married in HK, you will file your I-130 petition in the US to the appropriate Visa Center. Once your NOA1 is received, you may file the I-129F petition. If you pursue the CR1 visa, then your application will be forwarded to Guangzhou. If you pursue the K3 visa, then your application will be forwarded to Hong Kong?saving about three months. A.1.17.3If the K-3 interview is scheduled before the CR-1, it will be in HK. If the I-130 is first, it will be in GZ. Since they are different issuing posts, the I-130 will not automatically cancel out the K-3. A.1.17.4Anyone can get married in HK...just need a passport. HK doesn't care where you are from. HK is very efficient. 3 months P3 to Visa in hand. Makes 9 months overall for the K-3. A.1.17.5Here is everything you should expect based on our experience; we provided the following paperwork: I-134 not I-864 and asked HK specifically on this issue, Tax Paperwork, Letter from Employer, Birth Cert, Marriage Cert, Police Report, Passport, Copy of her Passport vital page, Cert. copy of my passport, Letters, photos, Medical exam, Visa fee payment receipt. A.1.17.6Sample filing for K3 for HK, time will vary in US based on Visa Center: SAMPLE # 1:** I-130 **submitted---------- 9/13/04NOA1---------------- 9/23/04NOA2----------------12/21/04** I-129F **submitted-----------------9/28/04NOA1-----------------------10/12/04NOA2-----------------------4/29/05Sent to consulate (HK)--------5/8/2005 (HK not GZ)P-3 from Consulate------5/20/2005Returned P-3--------------5/31/2005Called DOS-----------------6/8/2005P-4 received---------------6/18/2005Interview-------------------7/20/2005 (In HK)Passed!---------------------7/20/2005Visa in Hand-----------------7/21/2005 SAMPLE #2:4-05 filed my I-129f after getting to the p-3 stage of my I1305-05 recieved my NOA1 for I-129F6-20-05 recieved NOA2 my I129F was approved and sent to NVC to be sent to place of marrige which thank god was HK6-28-05 NVC recieved I-129F and is conducting the background check7-03-05 HK recieved and enterd K3 info from NVC7-20-05 Wife recieves P3 from HK7-28-05 HK recieves P3 (will send P4 when my wife returns her checklist)9-8-05 Interview Sample #3:8/17/2005 ?I-130 sent11/15/2005 ?P3 received12/21/2005 ?Interview (US consulate in Hong kong) A.1.17.7More info: CFL: Overview and Interview:How we eneded up at Hong Kong (09-19-05)http://candleforlove.com/forums/index.php?showtopic=12838 P4 stage explained:what happened?, Interview letter ?HK (08-19-2005)http://candleforlove.com/forums/index.php?showtopic=12253 Interview explained: I-864, W2's and the like (07-26-05)http://candleforlove.com/forums/index.php?showtopic=11761 Overview:Everyone should get married in Hong Kong, PASSED INTERVIEW (09-08-05)http://candleforlove.com/forums/index.php?showtopic=12605 NON-CFL: Hong Kong Marriages:http://www.immd.gov.hk/ehtml/bdmreg_4.htm Hong Kong Consulate, Scheduling Appointments:http://www.usconsulate.org.hk/consular/iv/appointments.htm -------------------------------------------------------------------------------------------------------------------(Edited 27 Nov 2005) Q.1.18 Hong Kong filing, GUZ interview? A.1.18.1I live in shenzhen with my chinese mainland wife. I work in HK. We were married in Yangzhou, Jiangsu China. The folks at Gaungzhou told me I need to apply for her where I have an I.D. or right to work which is H.K. I made an appointment online with Citizen Services. Stopped in. The helpful girl at Citizen Services on the 1st floor (1 flight up from the ground level entrance) said to go up to the 2nd floor and she called it 'the Dept. of Homeland Security'. I went up to the 2nd floor and the name plate for the dept. said, USCIS. A room with one window and a few chairs against each wall. Small, Hong Kong style, but comfortable. Took about an hour and a half. Went to US Consulate in HK today and they processed my I-130 and took my fee. They said 1-2 months, then off to Gz, then GZ will contact us in Shenzhen. A.1.18.2Well, I filed the I-130 in HK since I have a valid work visa and HK I.D. for Hong Kong. I used to work in Shenzhen, but got a better job in HK so I switched to there and commute everyday from Shenzhen (where we live) to HK, (where I work). So, according to GUZ, I had to file in HK or the US service Center in Texas. I chose HK b/c its closer and many say, faster (the lady in HK at the US consulate office said 30 to 60 days for processing, then they shoot it over directly to GUZ). Now, since we married in China and she is a resident of the PRC, she HAS to do her interview in GUZ. A.1.18.3 Sample #1:09/23/2005: Submitted I-130 to H.K. Consulate.11/04/2005: Received Packet 4 (confused) emailed.consulate.... consulate replied that they had made a mistake11/15/2005: Received packet #3.11/16/2005: Naturalized our daughter, Masha Emma. Guz said papers and her passport ready in 10 days.11/17/2005: Mailed in packet #3. A.1.18.4 More Info: To K3, CR1 or DCF, in Gaungzhou or HK (09-22-05)http://candleforlove.com/forums/index.php?showtopic=12885 immigrant visa HK or Gaungzhou (09-19-05)http://candleforlove.com/forums/index.php?showtopic=12822 -------------------------------------------------------------------------------------------------------------------(Edited 27 Nov 2005) Q.1.19 Sydney, Australia? A. 1.19.1 DCF Sydney Update!!!, and what an update! (09-20-05)http://candleforlove.com/forums/index.php?showtopic=12846 DCF Australia - Refused, Advice Please, Don't believe in our relationship (09-13-05)http://candleforlove.com/forums/index.php?showtopic=12714 About to leave for Australia! :-), do i have everything? (07-23-05)http://candleforlove.com/forums/index.php?showtopic=11712 I think we will pursue DCF in Sydney..., a little nervous!! (05-23-05)http://candleforlove.com/forums/index.php?showtopic=10484 Q.1.19.2Sample Timeline: 2005/05/24 P3 Sent (Australia DCF)2005/05/27 P3 Received2005/08/02 Married in Tweed Heads, Australia2005/08/04 DS-230 and DS-2001 sent2005/08/17 Received Appointment letter for 09/132005/08/18 Applied for Police Certificate and Medical2005/08/25 Completed Medical2005/09/05 Received Australian Police Certificate (all documents ready!)2005/09/13 Doubted our relationship and gave us a Section 221g form with "Administrative Processing" checked on it.2005/09/14 Had several faxes in from friends and relatives testifying our bona fide relationship2005/09/19 Sent in a package of overcome evidence2005/09/20 Got a call from the consulate saying they are ready to issue the visa and require my wife's passport! -------------------------------------------------------------------------------------------------------------------(Edited 17 Dec 2005) Q.1.20 Where are the interviews held? A.1.20.1Fiancée Visas (K1):K-1 is a K-1 is a K-1. If you are married - you can't be a K-1. End of story. A K-1 beneficiary will interview in the country of their legal residence - except the US. If living in China - it's GZ. If in Canada (on a student, work or landed immigrant status) it would Vancouver or Montreal. If Hong Kong, it would be HK. A.1.20.2Marriage Visas (K3, CR1):The USC files the I-130 (CR-1) in his/her country of residence. The interview is conducted in the country where the alien resides. The USC files the I-129F (K-3) in his/her country of residence. The interview is conducted in the country where the marriage took place. A.1.20.3I got married in the Philippines, so my I-129F as my case number willl be process there. But since I a residing here in Hong Kong so my I-130/IR1 will be process here in Hong Kong as my case number is. A.1.20.4CR-1/IR-1:All married folks start with an I-130 petition that begets either a CR-1 or IR-1, depending on how long you've been married when the visa is issued. The I-130 is filed in your friendly service center -OR- if you qualify, at the nearest US consulate. Filing at a consulate is known loosely as DCF. The process is only different until the P-3 stage. Regardless of where you file, the interview is held in the same location as K-1s - country of residence, no matter where you actually got married. The exception to this is a Chinese citizen how was in the US and married a US citizen, the I-130 can be filed at the same time as I-485 to adjust status from whatever visa they are on to a permanent resident (and there are exceptions to this, too). A.1.20.5K-3:K-3 option is a very odd animal for married folks only. It is filed through Chicago and is processed at the National Benefits Center in Missouri. It can not be filed any other way. There's no such thing as a DCF K-3. It does not exist. Although a DCFer could theoretically opt to file for a K-3, there's really no point in doing so since the DCF will virtually always beat a K-3 by many months. The petition is filed on an I-129F Fiancée Petition and sent to Chicago rather than the regional service center. Also, a copy of the NOA1 from the I-130 must be attached. The odd thing about a K-3 is the interview location depends on where the marriage took place. If the marriage is in mainland China, the interview is in GZ. If it is in the US, it's the country of the Chinese person's residence other than the US. Some people marry in the US and then separate to finish up the visa process - otherwise, they would file the I-130 and I-485 concurrently. Here's the kicker - if the marriage is in HK, the K-3 interview will be in HK. Singapore, in Singapore, VN, VN. See the trend? There are exceptions to the where married rule, but that is the rule of thumb. -------------------------------------------------------------------------------------------------------------------========================================================================================================================================================================================================= Section two: Questions related to getting married in China Q.2.1 Does it matter where we get married in China?Q.2.2 How do I get the single certificate in China?Q.2.3 How do I get the single certificate in the US?Q.2.4 What if I am divorced, do I need a divorce decree?Q.2.5 Is there a sample document for single status?Q.2.6 Declaration of not related to future wife? -------------------------------------------------------------------------------------------------------------------(Edited 7 Dec 2005) Q.2.1 Does it matter where we get married in China? A.2.1.1I believe Chinese people can only register for marriage in the place of their hukou (household register). That should be the same place where their dangan (file) is kept. A.2.1.2My wife and I had to travel to Zhengzhou, the capital Of Henan province. From what I am led to believe. She has to register in the capital of her home province. The little red book you both will receive is actually your marriage papers. The ceremony isn't actually needed. A.2.1.3Because you are a foreigner, you must go to the provincial capital to register the marriage and say the marriage oath...in Chinese. Then you must register in your SO's hometown as well. A.2.1.4I went through this last year. You need an affidavit of single status. The wording is on the Chinese consulate's website. It needs to be sworn before a notary. The notary and all documents issued by the state (those with a raised seal) then need to be certified by your state's Secretary of State in an Apostitille. You need to send all this to the Chinese consulate in your area for their certification. Take all this with you to China. There you will need this packet, your passport and another picture ID (I used my Texas Drivers liscense). Got married with no trouble. A.2.1.5More info: CFL: How to get married in China?, What on earth do I need? (07-20-05)http://candleforlove.com/forums/index.php?showtopic=11661 Certificate of marriageability, Here is how mine went down (07-19-05)http://candleforlove.com/forums/index.php?showtopic=11631 Marriage in China, does it matter where? (07-14-05)http://candleforlove.com/forums/index.php?showtopic=11504 Hong Kong Marriage: Marrige in China I-129F and my recomendation, hope this helps some (07-25-05)http://candleforlove.com/forums/index.php?showtopic=11750 Non-CFL: Getting Married in China:http://www.usembassy-china.org.cn/us-citizen/mrginfo.html Getting Married in China:http://www.usembassy-china.org.cn/shanghai...es/Marriage.htm Getting Married in China:http://www.usembassy-china.org.cn/guangzho...rriedchina.html Direct Consular Filing in China; Marriage explainedhttp://www.kamya.com/intro/dcf.html#CH Information on Procedure for Authentication of Chinese Documentshttp://www.usembassy-china.org.cn/guangzhou/cons/auth.html -------------------------------------------------------------------------------------------------------------------(Edited 7 Dec 2005) Q.2.2 How do I get the single certificate in China? A.My wife and I marriend in Shenyang, all we had to do, go to the american embassy, note, you will be able to go in, but your fiance will not. but have her stay very near to the embassy. You will go in and take a number after declaring what your business is , have a seat and relax a minute. Your number will be called, you will go to the consul and he will ask your business, tell him you wish to get a single testamony so you can marry your finace. He will ask you some questions about your fiance, her name, the name of any children she may have. Then he/she will ask if your fiance can be seen also. At this point, the consul will have a runner go to the front and call for her, she will be permitted to enter and she will be interviewed , seperate from you, so make sure she is on the same page eh? My fiance and I had no problem doing this. I raised my hand swore I was not otherwise married and got it. It cost somemoney, my fiance paid it so I really dont know what it was, 30 bucks usa? A.I had my "Certificate of Eligibility to Marry" prepared at the Biejing US Embassy. There, your so cannot go in. I went in, went through security. I told the agent that I needed a certificate of eligibility to marry. I filled out a form. I had to go back out side and retrieve my so's Chinese ID. So save a step, take it in with you. After the paper work was done, in a matter of moments. I paid a fee in RMB, it equalled about $35 us. The Agent then lectured me , and told me horror stories about western men being duped. I ensured the nice chinese lady I wouldn't sell my home to pay for any surguries. I was told to raise my right hand, I then took an oath that all my information was true and accurate. I then waited a few more moments, was handed my single page affividavit, and told good luck. The whole thing took about 40 minutes. The document will then have to be translated to Mandirin. We went to the capital city of so's province. After arriving at the proper place. We were told where we could go to get my paper translated, and them accept it. It was fairly quick process. I think it took about 20 minutes, a little cash. and we were handed "Little Red Books" Everyone in the office congratulated us. A.When you get the eligibility certificate be sure they write the date with written months (ex: 1 JAN 2004). I had to get one twice when we got married in Feb 2004 because the local marriage office read the date on the cert. as expired. We got the first cert. on Nov. 4 2003 (11 4 2003 ) but they read it as April 11 2003...more than six months old...no good! But because the date was only done in numbers, we had no choice but to fly to Guangzhou (the nearest consulate) then fly back the same day to get it right. More than 300 bucks just because of a little date. A.More Info: Certificate of Marriage-ability (01-08-2006)http://candleforlove.com/forums/index.php?showtopic=15093 The "Single Status" document needed..., Where to find information on this? (10-17-05)http://candleforlove.com/forums/index.php?showtopic=13339 -------------------------------------------------------------------------------------------------------------------(Edited 7 Dec 2005) Q.2.3 How do I get the single certificate in the US? A.If you want to do it in the states...then you need three steps..(check with your state). #1 Get a certified copy of a divorce (if you have one) from the country resistrar's office. If you have no divorce..then use a statement similar to the one above and get it notarized. #2 Send the certified copy of the divorce (along with the appropriate fee) to the State Government (in Mo it is the Secretary of State's Office). They will verify it with the state seal. #3 Send either paper to the Chinese Consulate with jurisdiction over your area. I had to send it to Chicago. They will send it back to you with a letter of marriageability. That is what you need in China. A.The only thing they asked of me was my U.S. passport and Certificate of Marriagability, apostitlled by the Secretary of State and authenticated by the Chinese Consulate in San Francisco. A.Before I went, I had the Sec. State of Washington give me a form that is like an all-in-one notarization and single status. I sent this to the Consulate for the PRC in San Fransisco (they have consular jurisdiction over WA), and had them notarize and translate it to Chinese. This was about $100. I then felt like I should hedge my bets, and so I took the Affadavit of Single Status off of the PRC Consulate - Houston web site, and filled in my own information as well as a notary block. I took this to my local City Hall and had the City Clerk notarize it. A.More Info: Certificate of Marriage-ability (01-08-2006)http://candleforlove.com/forums/index.php?showtopic=15093 The "Single Status" document needed..., Where to find information on this? (10-17-05)http://candleforlove.com/forums/index.php?showtopic=13339 -------------------------------------------------------------------------------------------------------------------(Edited 29 Dec 2005) Q.2.4 What if I am divorced, do I need a divorce decree? A.2.4.1The only time you need to show your divorce papers is when you submit an Affidavit of Single status with the Chinese Consulate in your area. But the decree needs to be accompanied with an Apostille from your state's Secretary of State's office. That being said....The state you were divorced in needs to be in the area served by the Consulate in your area....in my case, I now live in Texas (Consulate in Houston), but I was divorced in Oregon (outside of the area of their responsibility) The certificate needed to have an Apostille issued by Oregon's Secretary of State and certified by the Consulate in San Francisco. I called the consulate in Houston and they told me that since as far as Texas was concerned I was single, just say I was never married in my Affidavit. I had the Affidavit notarized, and an Apostille for the notary. the Consulate certifed it, and I had no trouble getting married in China. -------------------------------------------------------------------------------------------------------------------(Edited 7 Dec 2005) Q.2.5. Is there a sample document for single status? A.2.5.1 AFFIDAVIT OF SINGLE STATUS On this date of _________________, I, (name of affiant) , residing at (street and number) (city) (state) (zip code) BEING DULY SWORN DEPOSE AND SAY: I was born on (date) at (city) (country) I am a (country) citizen. My passport number is I am a (current occupation) . I am employed by (company name and address) I am currently single, have never been married (or was divorced/widowed on (date) and have never been remarried since that date). Signature of the Affiant: _______________________________ Name in Print:________________________________________ (For the Notary Public) Subscribed and sworn to before me by (name of affiant) on this ____day of ________________. -------------------------------------------------------------------------------------------------------------------(Edited 7 Dec 2005) Q.2.6 Declaration of not related to future wife? A.2.6.1My then fiancee' told me she checked with the City Hall in Yingde, Guangdong, China, which is her 'home' jurisdiction and they also wanted a blood ties document. Something demonstrating that I was not related to XYZ for at least 3 generations. I recruited my uncle and my mother and came up with a list of my parents, grandparents, and great-grandparents with place and dates of birth. I then added a few lines from the Affadavit of Single Status swearing I was not related to XYZ and listing my ancestry. I added a notary block and had my City Clerk notarize it. Edited January 13, 2006 by DavidZixuan (see edit history) Link to comment
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