Starting the process

[guiyang_laoshi]

Dear All, my wife and I are just now starting the visa process going for the Immigrant Visa (not doing the K1 or K3 route). I had a couple questions since of course USCIS is not going to answer them:

 

1. On the I-130 form where is asks for our address (item 2), is that our mailing address (my office) or our apartment (which does not receive mail)?

2. For item 15, if she is currently a student, should we put her school here?

3. For item 19 (relative's address abroad), same question

4. For item 21 (last address we lived together), same question

 

on the g-325a forms

 

1. At the top right it has a space called "File Number" - we don't have one so this should be left blank I assume?

2. For residence for the last five years, should it be our mailing address or the street addresses during that time?

3. For employment history, should the time be continuous for the last five years? What do we put for times she or I were in school or otherwise not working (such as between jobs?)

 

Thanks so much and bless you all!

[dnoblett]

I-130

 

1) Use address that you receive mail at.

2) A school is not an employer, so just write "None"

3) Chinese spouse's address in China, my fiancee did not receive mail at her mother's apartment, the mail was delivered to a PO Box, we used that box number as her address.

4) Residential address.

 

 

G-325A

 

1) File number is: "None" USCIS will assign an A# when they start processing the I-130

2) Street address "Residence"

3) Yes, continuous, for times when un-employed you write "Unemployed"

 

Sounds like you are filing this directly to the nearest consulate in China (DCF).

 

If you are doing DCF, keep in mind two things that can hang you when it comes time to interview for the visa.

 

US Citizen spouse MUST sponsor the immigrant, sponsorship requires I-864.

 

First: I-864 REQUIRES that the US citizen maintained US domicile.

 

Second: I-864 REQUIRES past year's IRS return (2007) Many US citizens neglect to file returns while living overseas, you may be exempt from paying tax on foreign income, but are not exempt from filing a return.

 

More about I-864: http://www.travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

[Randy W]

Do you live in China, or the US? If you live in China, you can file directly with your consulate, like Dan said.

[guiyang_laoshi]

Do you live in China, or the US? If you live in China, you can file directly with your consulate, like Dan said.

 

I am living in China, in Guiyang, Guizhou Province. My visa is good through October. Is that going to be a problem starting the process here in China or should I file directly in the US? I plan to move back to the US around that time

 

Also, to which consulate should I send the packet (end of the month we will be sending out the I-130 with the rest of the initial documents).

 

Many thanks....

 

Also, during the interview, is it done in English only or is Chinese an option?

[Sebastian]

Do you live in China, or the US? If you live in China, you can file directly with your consulate, like Dan said.

 

I am living in China, in Guiyang, Guizhou Province. My visa is good through October. Is that going to be a problem starting the process here in China or should I file directly in the US? I plan to move back to the US around that time

 

Also, to which consulate should I send the packet (end of the month we will be sending out the I-130 with the rest of the initial documents).

 

Many thanks....

 

Also, during the interview, is it done in English only or is Chinese an option?

 

You can apply for temporary residence permit at the Police Station.

Bring both wedding certificate books, and your wife, and her ID, and yer passport. Your Visa will be invalidated , but the temporary residence permit TRUMPS a visa anyway. Temporary Residence Permits are issued with up to 18 months in duration. But I note that this duration varies, depending on the city you are in.

 

I suggest you do DCF (Direct Consular Filing) for yer I-130. You'll need to have an established US Residence address to do this, however, so if you don't have one, sweet talk a relative.

 

Oh wait - you said you were planning to move BACK to the US in October. You can still do a DCF, if and only if you have 6 months prior duration in China. Others have done a DCF on the I-130 without this 6 months prior duration, but they had a temporary residence permit in hand.

 

If you file it TODAY, you have good chance her visa and CR-1 to be granted right towards the end of October. It may be quicker than that, depending on which consulate you file at.

 

If yer departure date is solely dependent on yer visa expiration date, and you can stay in China without regard to any other reasons, then I suggest you get the temporary residence permit and file DCF I-130.

 

I don't know which consulate you are 'homed' to , but which how did you handle your 'affadavit of marriageability' prior to getting married?

[guiyang_laoshi]

 

You can apply for temporary residence permit at the Police Station.

Bring both wedding certificate books, and your wife, and her ID, and yer passport. Your Visa will be invalidated , but the temporary residence permit TRUMPS a visa anyway. Temporary Residence Permits are issued with up to 18 months in duration. But I note that this duration varies, depending on the city you are in.

 

I suggest you do DCF (Direct Consular Filing) for yer I-130. You'll need to have an established US Residence address to do this, however, so if you don't have one, sweet talk a relative.

 

Oh wait - you said you were planning to move BACK to the US in October. You can still do a DCF, if and only if you have 6 months prior duration in China. Others have done a DCF on the I-130 without this 6 months prior duration, but they had a temporary residence permit in hand.

 

If you file it TODAY, you have good chance her visa and CR-1 to be granted right towards the end of October. It may be quicker than that, depending on which consulate you file at.

 

If yer departure date is solely dependent on yer visa expiration date, and you can stay in China without regard to any other reasons, then I suggest you get the temporary residence permit and file DCF I-130.

 

I don't know which consulate you are 'homed' to , but which how did you handle your 'affadavit of marriageability' prior to getting married?

 

Hey Darnell, thanks. We got the 'affidavit of marriageability' at the Chengdu Consulate. Should I mail it to them?

 

Also, are interviews only in English or is Chinese an option. Thanks to all replying to this thread!

[Sebastian]

From what I've read here on CFL, interviews at the GUZ consulate can be in either English or Mandarin, it depends on the VO and your spouse. All of the VO's are bilingual...

 

The Chengdu Consulate says you are homed to them -

http://chengdu.usembassy-china.org.cn/visa_faqs.html

Item 2...

 

To save time, send in your I-864 with the I-130 pack.

 

But - please remember - once you filed your I-130 CR-1 with Chengdu, it will get forwarded on to Guangzhou, where other processing occurs prior to the P3 and P4 and interview. From what I recall reading about other consulates, it is taking at least 1 month from point A to point B(Guangzhou). YMMV.

Edited May 7, 2008 by Darnell (see edit history)