Wait for 6 months?

[Jordan J.]

Is it true that I must be in China for at least 6 months, before my wife can apply for her visa? We are going to apply for the CR-1 (inside china), and I was previously here for 1 year, and left for 2 weeks.

 

Now I heard that I must be here for a consecutive 6 months before the application. Is that true, do they really count it from the first day I come back to China, and they don't care how long I was here before?

 

Thanks for the help,

- Jordan

[Guest Rob & Jin]

Is it true that I must be in China for at least 6 months, before my wife can apply for her visa? We are going to apply for the CR-1 (inside china), and I was previously here for 1 year, and left for 2 weeks.

 

Now I heard that I must be here for a consecutive 6 months before the application. Is that true, do they really count it from the first day I come back to China, and they don't care how long I was here before?

 

Thanks for the help,

- Jordan

 

 

I wouldn't think a 2 week vacation would matter to your application, but i'm no expert better wait for Dan's reply .

[dnoblett]

Has to do with the Adam Walsh law passed last year. The department of state has specified that consulates should require the US citizen to be resident in the counselor district for 6 months or more.

 

To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

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

 

DCF is really meant for US citizens who have been working an living overseas for some time and have met and married a foreign spouse while living overseas. It is there for them to be able to move back to the USA bringing their spouse back with them.

 

DCF was being used as a loophole to get around the normal filing of I-130 to USCIS. After the Adam Walsh law USCIS was required to do background checks on the US citizen for history of violent behavior, this complicated DCF.

Edited March 26, 2008 by dnoblett (see edit history)

[Jordan J.]

Has to do with the Adam Walsh law passed last year. The department of state has specified that consulates should require the US citizen to be resident in the counselor district for 6 months or more.

 

To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

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

 

I was here on a 1 year on an F visa before I left, then came back and changed to a 1 year spouse L-visa. Does this mean there could be problems？

 

EDIT: I've heard recently that some Americans have had L (spouse) visas, but still were able to file the petition with no problems.

Edited March 26, 2008 by Jordan J. (see edit history)

[dnoblett]

Has to do with the Adam Walsh law passed last year. The department of state has specified that consulates should require the US citizen to be resident in the counselor district for 6 months or more.

 

To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

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

 

I was here on a 1 year on an F visa before I left, then came back and changed to a 1 year spouse L-visa. Does this mean there could be problems£¿

L-Visa is a tourist visa, so is considered to be temporary and not a resident, it would have been better to file while there on the F-Visa,

 

More here: http://guangzhou.usembassy-china.org.cn/cr...and_cr2/ir2.htm

[david_dawei]

Filing DCF has shown to required differing proof of eligibility at different consulates... which should not be the case, but that is what's reported from those filing inside China.

 

The best way to figure it out is to call the consulate over the jurisdiction of your city; Ask them if they want a resident permit or a work visa; I've heard a few times that some show a residency permit and the work visa is never asked for... but usually the requirement is stated as a long-term visa, over six months (other than tourist). Generally it is reported that six months stay is not required... so don't bring that up.. just ask about the permit or visa.

 

Here are the only two consulate's I have info on... if your at another and find the contact info, please pass along:

 

DHS @ GUZ:

DHSGuangzhouGeneral@dhs.gov

 

020 8518-7651 ex: 7651

 

DHS @ BJ:

 

Dhsbejing-cis@dhs.gov

10-8529-6740

Edited March 26, 2008 by DavidZixuan (see edit history)

[The Jeff]

I filed in when I was in China, but I moved around too much so I couldn't prove residency in China. In the end I just filled out the application in China, used my mother's address on the forms, then mailed it to my mother in the US where she mailed it from a US address.

[shyaushu]

Things probably change at different consulates or embassies over time, but in Beijing at least, and last August 29, at least, they accepted my work visa alone as sufficient to file my I-130 there. I had been in China a day at that time.

 

Everything went smoothly from then, except they gave us a blue card at the interview, wanting additional information about my ex-wife and how I came to live in China. But the work ("Z") visa was all they cared about as far as my eligibility to file was concerned.

 

Filing DCF has shown to required differing proof of eligibility at different consulates... which should not be the case, but that is what's reported from those filing inside China.

 

The best way to figure it out is to call the consulate over the jurisdiction of your city; Ask them if they want a resident permit or a work visa; I've heard a few times that some show a residency permit and the work visa is never asked for... but usually the requirement is stated as a long-term visa, over six months (other than tourist). Generally it is reported that six months stay is not required... so don't bring that up.. just ask about the permit or visa.

 

Here are the only two consulate's I have info on... if your at another and find the contact info, please pass along:

 

DHS @ GUZ:

DHSGuangzhouGeneral@dhs.gov

 

020 8518-7651 ex: 7651

 

DHS @ BJ:

 

Dhsbejing-cis@dhs.gov

10-8529-6740

[Sebastian]

Something else important for this?

Your Chinese Residency Paperwork, issued from the Police District.

Did you have any Residency Permit from the Police Office?

If so, great, as it helps to establish a timeline.

 

As to 'L' visa, sure - is only tourist visa, but !

If you have that, and proof of marriage to Chinese Person,

you can apply for (and receive) a Foreign Residency Permit (up to 1 year at a time) at your local Police Office. This Residency Permit takes presidence over your Chinese Visa for 'duration of stay'.

 

Re: your 2 week 'lapse' out of country. I would say it doesn't matter. But you'll know for certain when you file at your Consular District this week, yes?

HTH !

Edited March 26, 2008 by Darnell (see edit history)