Married In China Where To File?

[BillV 8-16-2004]

I have a question; a relative of my wife got married in China to a US citizen. He will not be returning to the US until April 15, 2008, can he file the paperwork at the Chinese Consulate or does he need to return and file with the USCIS?

[dnoblett]

He can file at the consulate ONLY, if has been resident in the consular district more than 6 months, and is in china on a resident type visa, not a visitors visa.

 

Can file the petition at any consulate or the embassy in China, they will forward it to Guangzhou.

 

This is the preferred way to file for CR-1 visa it is the quickest to process.

[david_dawei]

Some have reported that the six month wait is moot if they show a work visa...

 

They should contact that local consulate and ask them what they will accept... you can give them the link for the DCF FAQ to read as well:

 

http://candleforlove.com/FAQ/CFL_FAQ_DCF_Final1.htm

[dnoblett]

Some have reported that the six month wait is moot if they show a work visa...

 

They should contact that local consulate and ask them what they will accept... you can give them the link for the DCF FAQ to read as well:

 

http://candleforlove.com/FAQ/CFL_FAQ_DCF_Final1.htm

Maybe some have reported less than 6 months residency, but the 6 month requirement was set down by Department of State to address the Adam Walsh Law. Maybe the consulate considers residency time including the time it takes to process the petition.

 

http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm

[david_dawei]

Some have reported that the six month wait is moot if they show a work visa...

 

They should contact that local consulate and ask them what they will accept... you can give them the link for the DCF FAQ to read as well:

 

http://candleforlove.com/FAQ/CFL_FAQ_DCF_Final1.htm

Maybe some have reported less than 6 months residency, but the 6 month requirement was set down by Department of State to address the Adam Walsh Law. Maybe the consulate considers residency time including the time it takes to process the petition.

 

http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm

It's just a difference between what's posted and what's implemented or enforced... the fact is, some report not being asked anything about the time in china despite they were there less than six months.

 

One person was asked for the residency book (ie: would show the time) and instead flashed the work visa and that was the ticket...

 

regardless of a hundred examples, the only one that matters is the one they experience and so they need to ask the local consulate...

[Corbin]

He can file at the consulate ONLY, if has been resident in the consular district more than 6 months, and is in china on a resident type visa, not a visitors visa.

 

Can file the petition at any consulate or the embassy in China, they will forward it to Guangzhou.

 

This is the preferred way to file for CR-1 visa it is the quickest to process.

I'm confused here, the CR-1 can be filed in China. Is this for any one or is it only for those living in China for 6 months or more on a work or resident type visa?

[david_dawei]

He can file at the consulate ONLY, if has been resident in the consular district more than 6 months, and is in china on a resident type visa, not a visitors visa.

 

Can file the petition at any consulate or the embassy in China, they will forward it to Guangzhou.

 

This is the preferred way to file for CR-1 visa it is the quickest to process.

I'm confused here, the CR-1 can be filed in China. Is this for any one or is it only for those living in China for 6 months or more on a work or resident type visa?

Not for any visa type... only for those with residency permits or work visas; The 6 month issue is a part of their definition but appears to be trumped sometimes by the mere presence of the work visa...

 

So, a USC over in china on a tourist visa, just married, cannot file in china. Even if one has a student visa, this is not a guarantee.

 

The trick is that the visa is a long term visa (ie: I think they want it over six months and maybe to a year). But if one's been there over six months and has a residency permit, this seems to suffice.

[shyaushu]

The advice given above to check with the applicable consulate or embassy regarding their requirements cannot be argued with, but there is no doubt the US Embassy in Beijing was accepting CR-1 visa applications on August 29, 2006 by an applciant merely showing a work visa. They mentioned a Residence Card, and also the six-month-being-in-China thing, but the "Z" visa was the ticket. Once they saw it they didn't care about anything else. Incidentally, they were extremely helpful, and scoured our application thoroughly for errors before accepting it.

 

We received our DS-230 stuff about two months later at our address in China and are expecting an interview date this month or next. So far so good . . .

 

 

He can file at the consulate ONLY, if has been resident in the consular district more than 6 months, and is in china on a resident type visa, not a visitors visa.

 

Can file the petition at any consulate or the embassy in China, they will forward it to Guangzhou.

 

This is the preferred way to file for CR-1 visa it is the quickest to process.

I'm confused here, the CR-1 can be filed in China. Is this for any one or is it only for those living in China for 6 months or more on a work or resident type visa?

Not for any visa type... only for those with residency permits or work visas; The 6 month issue is a part of their definition but appears to be trumped sometimes by the mere presence of the work visa...

 

So, a USC over in china on a tourist visa, just married, cannot file in china. Even if one has a student visa, this is not a guarantee.

 

The trick is that the visa is a long term visa (ie: I think they want it over six months and maybe to a year). But if one's been there over six months and has a residency permit, this seems to suffice.

Edited January 1, 2008 by shyaushu (see edit history)