Any DCF friends?

[LeeFisher3]

Thank you all:)! Last night my BF and I read all your advices and now we have some idea what is DCF and how to apply a visa for me.

 

I have another question, if I get the visa CR1 through the way of DCF, do I have to stay in US for several months until I get my permanent residence ID(not conditional green card)? Because my company in China only can give me 30days vacatian for marrage + annual, I cann't stay in US over one month then, and I don't want to quit my job in 2~3 years.

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The CR1 is a conditional green card, you only get the other one if you have been married for 2 years when you enter the US.

 

Both have a limit on the time you can remain out of the US and are concerned that your perminant residence is in the US.

[Guest pushbrk]

Thank you all:)! Last night my BF and I read all your advices and now we have some idea what is DCF and how to apply a visa for me.

 

I have another question, if I get the visa CR1 through the way of DCF, do I have to stay in US for several months until I get my permanent residence ID(not conditional green card)? Because my company in China only can give me 30days vacatian for marrage + annual, I cann't stay in US over one month then, and I don't want to quit my job in 2~3 years.

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Somebody who has been through the "after visa" process can give you a more complete answer. As I was reading Lee's timeline I found myself wondering if one couldn't simply apply for the green card (conditional or not) and then return to China while allowing a family member to receive and forward the card by mail to you in China.

 

Perhaps a closer examination of just how much time one must be present in the US would reveal some additional options for you.

 

The key issue to be aware of is that CR1 or IR1 are immigrant visas. As such they are intended for people who plan to immigrate to the USA as permanent residents. It seems that, currently, you have no plans to immigrate. Your marriage to a US Citizen limits your ability to obtain a visa for visiting. (Not really all that much, because it is quite difficult for a single Chinese woman to obtain a visitor visa.) You may find that the wise choice is to delay filing for an immigrant visa until you actually plan to immigrate. His family can visit you both in China. It sounds grossly unfair but those may be your limitations, nevertheless.

 

Looking back at Lee's timeline, if you are married for two years before the visa is issued and you get the IR1 instead of the CR1, you will avoid the "removal of conditions" issue.

Edited May 23, 2006 by pushbrk (see edit history)

[david_dawei]

I tend to agree with the idea of getting married.. applying some time later when you'll probably benefit from the IR1... this will avoid your 'status' issues, and since he is married to you, he can get a 1 year visa as a spouse to stay in china (if he is not working there)... at least the renewals are not as often for him...

[crystal.zhao]

 

We registered on 25th August, also my payday. Now we are going to DCF.

 

I've read all staff about DCF in CFL,but didn't find a friend who filed DCF at ShenYang. Can shenyang consulate participate with DCF? or we have to file it at Beijing or Guangzhou. Called shengyang consulate in June but the woman replied there said she never heard of DCF.

 

Call shenyang again? I need a help now.

 

 

Thank you.

[david_dawei]

We have had a member go through Shengyang.. all the consulates accept the I-130 petition package... Let them know you want to file the I-130, and confirm what they want for proof of eligiblity to file overseas (usually work / residence permit for the USC)...

 

the consulate will generally not know what DCF means, it is a street term for "Direct Consular Filing".

[warpedbored]

First and foremost your husband must have a visa that allows him to work and live in China in order to file DCF. Since he is working for the university there I assume this is the type of visa he has. I am saying this because it is not uncommon for Americans to go live in China and teach English on a tourist visa.

 

Just to clarify a bit a DCF yields an immigrant visa. Because you are married less than 2 years it is CR-1 rather than IR-1 The difference is the CR-1 is conditional on the two of you staying married 2 years. The CR-1 is only good for 2 years. When you are issued a CR-1 your status is automatically adjusted upon entry to the US, Within a month or so your green card will arrive in the mail. You are then free to travel in or out of the country at leisure. If you plan on staying out of the US for more than a year there is additional paperwork to file.

[crystal.zhao]

Thank you carl and david!

 

He has a residence card in China, I think CR-1 is right way for me.

 

After I fill up some forms shall I post it to Shenyang Consulate or have to go personally?

 

I hope someone in shenyang area can help me or go through with me together.

[ericeblack]

As far as I know in filing the DCF BOTH of you need to go to the consulate with the paperwork and proof of your marriage. As far as I know all you need is your marriage booklets, your passports along with your BF's residence permit, and the I-130 paperwork. Make sure all your Chinese documents has a notorized English translation. I just married yesterday. I have been teaching in China for several months but I have been here on a business visa. I just got a work visa for the new school that I am teaching in so i am waiting for my residence permit. As soon as I get this we will be applying for the DCF. Which hopefully will be in about 2 weeks. Unfortunatly we will be filing in Guangzhou, which has a reputation for being very slow. Does anyone have any ideas how long a DCF takes out of GuangZhou? We are hoping to head to the US sometime in late Feburary.

 

Here is a checklist I found on the Shanghai consulates page...very helpful!!!

1. Form I-130 (the following items must be completed)

• Name of the beneficiary must be consistent to the one in the passport. Any other names used should appear in item 7 of Part C (Other Names Used, including maiden name)

• Item 11 of both Part B and Part C (Names of Prior husbands/wives) must be completed. If not applicable in this case, please write “none”.

• Item 18 of Part C (Address in the United States where your relative intends to live) must be completed.

• In item 20 of Part C (If your relative’s alphabet is other than Roman letters, write his or her name and foreign address in the native alphabet), please write in Chinese characters the beneficiary’s name and address, including ZIP code.

 

2. Filing fee ($185.00)

 

3. Original and copy of the petitioner’s valid U.S. passport (the biographic page).

 

4. Original and copy of the petitioner’s valid Chinese visa (“Z” or “X”), and/or the Foreigner Residence Permit

 

5. Notarial Translation of the Marriage Certificate (if married in China), or certified copy of the Marriage Certificate (if married in the U.S.), or authenticated copy of the Marriage Certificate (if married in other country/area). If Marriage Certificate issued in other country/area is in foreign language, an official English translation must be attached.

 

6. Proof of legal termination of all previous marriages (i.e. divorce decree and/or death certificate), if applicable. The document(s) should be a). notarial translation (if issued in China); or . certified copy (if issued in the U.S.); or c). authenticated copy with official English translation (if issued in other country/area and in foreign language)

 

7. Form G-325A for both the petitioner and the beneficiary (4 copies for each, must be completed and signed)

 

About the item “Applicants employment last five years. (If none, so state) list present employment first”:

• Employment also includes studies. If the applicant (either the petitioner or the beneficiary) is/was a student during a certain period in the last five years, please list the name and address of the school, and specify the occupation as “student”.

• If the applicant is/was during a certain period in the last five years staying at home as a housekeeper, please list it and specify the occupation as “housekeeper”.

• The time frame for each entry on the G-325A form should be continuous.

 

8. Personal photo for the petitioner and the beneficiary (1 for each, US passport photo).

 

9. Original and copy of the beneficiary’s valid passport (the biographic page).[/size]

[hollywang]

i know if your husband live in the US now, he could apply K3 for you.

[david_dawei]

Unfortunatly we will be filing in Guangzhou, which has a reputation for being very slow. Does anyone have any ideas how long a DCF takes out of GuangZhou?

 

 

In Links and resources, you'll see a pinned topic for FAQs.. and there's one for DCF.

 

 

Based on two timelines that I put into the DCF FAQ, Guangzhou DCF appears relatively fast.. 6 months. There are some consulate areas slower than this...

[change2marrow]

Thank you carl and david!

 

He has a residence card in China, I think CR-1 is right way for me.

 

After I fill up some forms shall I post it to Shenyang Consulate or have to go personally?

 

I hope someone in shenyang area can help me or go through with me together.

Because your filling DCF, you will be filing for a CR-1.

 

I recommend calling the consulate to see if it's acceptable to send the forms by post. I haven't heard of anyone sending it by post. Going in person is much better anyways, because the consulate can verify that the forms have been properly filled out and that you have all the documents needed. Otherwise it could delay any approvals.

 

"ericeblack" said:

As far as I know in filing the DCF BOTH of you need to go to the consulate with the paperwork and proof of your marriage.

In my case this wasn't necessary. Only the Petitioner was required, and NOT both the beneficiary and petitioner.

 

What consulate you file from won't effect your time line too much. All forms go to the Beijing consulate, so you would only save a week or two if you file thru Beijing. In other posts you talked about just traveling or living in the US, for short periods of time. I wrote this in a previous thread that follows the same subjects.

 

Good luck.