DCF Question

[johnkinsale]

I am about to take a job that would have me work in China on an F visa. My wife and I are thinking about getting the DCF eventually. I have been reading on this forum that a Z visa is required for the petitioner, but has anyone done it on the F? It also sounds like the important component is the residence permit. If that is enough to show residency, can I get a residence permit while on the F visa?

[david_dawei]

Just to side track a moment.. looks like your wife come over on a fiancee visa and you guys are awaiting the GC due to pending namecheck.. but will possibly go back to china on work (thus, she wouldn't be able to get back into the US without Advance Parole).... so your thinking of scraping all that and doing DCF?

 

--

 

To get to your question... From what I understand, the residency permit is more important and often don't ask about the visa type. The problem I see is that an "F" [business] visa is a short term visa and not sure you can get a residency permit with it. If you can get the residency permit, I think your ok based on the my next comment.

 

The bottom line appears to be that if you have, as the consulate website says, "some long-term official authorization permitting you to live in China" (ie: residency permit or "Z" work visa), then you can file a I-130 based on that item.

 

There's a few DCF members.. hopefully someone chimes in or others have some info...

 

Here's an email for the US Consulate in Guangzhou, to ask specific questions about filing a I-130 (they don't use the term DCF and probably won't know what it means).

 

DHSGuangzhouGeneral@dhs.gov

[johnkinsale]

Just to side track a moment.. looks like your wife come over on a fiancee visa and you guys are awaiting the GC due to pending namecheck.. but will possibly go back to china on work (thus, she wouldn't be able to get back into the US without Advance Parole).... so your thinking of scraping all that and doing DCF?

 

You are correct. We are considering filing the I-131 so that she can join me in China while trying to wait out the AOS process, but don't know if we want to wait that long. We are also worried that even if she gets the greencard, she could be deemed as having abandoned it if we are both living and working in China. I am trying to figure out if she can keep her PR status if we take appropriate measures to maintain a minimal presence in the US, but I'm hearing that it is hard to determine. We would like to avoid having to go the DCF route when we eventually decide to return to the US, but in case we do withdraw our AOS or lose PR status, I would like to cover my bases.

Edited November 16, 2006 by johnkinsale (see edit history)

[Randy W]

To maintain the greencard, she would have to return to the US once every year.

 

The only other thing you need to do is to make sure she can receive it through the mail.

[david_dawei]

it is a little tricky... If a K1 leaves the country, it is considered abandoning the AOS (unlike K3 who has a multi-entry visa)...

 

The real problem with the pending name checks are that some are taking a long time.. up to a year... so it's anyone's guess when you'll get done with that.

 

I think you should apply for AP (I-131) and see how that goes... If you get this, then she'll have to return within a year... Usually these are given as up to the length of time expected to process the petition; your already done with the interview so not sure how they will issue this, but it is normally multi-entry.

 

Of course they can question upon entry on an AP, so she should have your work documented and maybe showing that the work is even short-term. What they are looking at her true intention of immigrating; to immigrate to this country to live or not.

 

If they simply mail the GC to her home (someone taking care of your mail--since USCIS WILL NOT FORWARD MAIL), then someone could mail it to her in china...

Edited November 16, 2006 by DavidZixuan (see edit history)

[yuliki]

Recently, I am watching 001 forum all the time, and find that the DCF's speed in China is getting slow down quite bit.

 

Lots of the Cases get the P2(approval letter) after 2 or 3 month since their submission of I-130. Comparely I waited for 2 or 3 weeks for my approval letter early this year. Then have to wait another 2 or 3 month, may be longer for P3.

 

020 8518-7651 ex: 7651 this is the Guangzhou consulate's service number for DCF. As for residence permit and F visa, you can give them a call and ask.

 

My husband is holding two things: Work permit and 1 year Z visa. The company applys these documents for him.

[SirLancelot]

 

To get to your question... From what I understand, the residency permit is more important and often don't ask about the visa type. The problem I see is that an "F" [business] visa is a short term visa and not sure you can get a residency permit with it. If you can get the residency permit, I think your ok based on the my next comment.

 

The bottom line appears to be that if you have, as the consulate website says, "some long-term official authorization permitting you to live in China" (ie: residency permit or "Z" work visa), then you can file a I-130 based on that item.

 

For all practical purposes, the only way for most people to get a resident permit in China is by getting a Z visa. There are a couple of other extremely esoteric way methods to get a resident permit but it's almost impossible. So basically one needs a Z visa to get the permit.

 

Your F visa will not do. I do not believe GUZ or any of the Consulates will accept a F visa--because you won't be able to get a resident permit based on a F visa--when filing via this "DCF" process.

[jbray]

I DCF-ed last year, so I will let you know my thoughts...

 

Yes, you need to have a residence permit. No, a business visa is not sufficient.

 

Here is what I would do if I were you. I am not sure where you are going to be living, but in Chengdu, there are several universities where you can stufy Chinese. For about 5000 RMB, you can get a 1 year student visa (It's also an F visa I believe) and it includes a residence permit. The reason for the high price is that it includes 1 semester of tuition. If you have time, I actually recommend that you go on ahead and actually study (it's only about 3 hours a day).

 

That's what I did and it worked like a charm. The permit was pretty easy to get that way.

[SirLancelot]

For about 5000 RMB, you can get a 1 year student visa (It's also an F visa I believe) and it includes a residence permit. The reason for the high price is that it includes 1 semester of tuition. If you have time, I actually recommend that you go on ahead and actually study (it's only about 3 hours a day).

 

That's what I did and it worked like a charm. The permit was pretty easy to get that way.

 

The Student Visa is the X Visa. F Visas are for temporary business trips. Z Visas are actual work permit visas.

 

That's a pretty good idea about getting an X Visa to do the DCF filing.

[jbray]

Ah, good catch... Yeah, the student visa you would need is the X Visa. The F Visa is used as a student visa if the stay is less than 6 months, but with that, you can't get the residence permit. So, you would need the X Visa.