Residency Requirements to file within China

[padre]

Dear USGuz representative,

First, I want to thank you for giving of your time to answer our questions here. I have run into confusion about the residency requirements to file an I-130 in China. I have perused USCIS-Beijing's website and e-mailed them for clarification. I have the handouts and forms including the I-130 checklist. A petitioner must have a residence permit with an X(student visa) or Z (work)visa and must wait six months before filing. It is not clear whether the six months must be consecutive. If a petitioner returns to the U.S. to visit extended family for two weeks, does the six month period begin again upon his or her return. Does the six month period begin on the date that your residence permit is issued since it can take 2 to 3 weeks for the Public Security Burea to process a residence permit or is it the day that you entered China? These requirements changed recently. Thank you.

[USCONGUZ]

Dear CFL,

 

According to Guangzhou USCIS, in order to file an I-130 in China, the petitioner needs to have a residency permit issued by the Chinese authorities (affixed to his/her passport). This is considered proof of residence.

 

The Chinese authorities have their own criteria for issuing these permits to foreigners. Assuming that any travel outside China does not impact the petitioner¡¯s residency in China according to the Chinese authorities, it would similarly not impact residency for USCIS purposes.

 

Sincerely,

USCONGUZ

[whome?]

Can someone tell me which embassy (Guangzhou or Beijing) one should file in when in China? I live in Shandong but my wife lived in Shenzhen and still has an apartment there. The embassy in Beijing would seem to be the one for me to file my I-130 with but I have not been able to reach them in the last two weeks. The Guangzhou office seems to be much more qualifed and professional.