*major* DCF problems!!

[bmic]

I lived in China for 5 years and got married last July. We decided I'd return to the US and work in March - so in March, just before I left, I initiated the DCF process by paying for the application in Chengdu (we lived In Kunming) and mailing the application to Beijing (I-130).

3 months later, I finally land a job and a couple days later (yesterday) I got word from my wife that the Beijing embassy called and wants my wife and I to appear at the Embassy in BEIJING at the end of July. They told my wife that if we don't show, they'll make their own decision based on the information in our application.

 

Now, I've never heard of something like this happening. I assumed these decisions would not be made before the application was sent to Guangzhou. I'm just starting this new job and I can't just pick up and take a vacation, not to mention the fact that I can't afford it. Anyone have any advice?

 

EDIT:: I just spoke with a woman at the consular office in Beijing. She says that by lodging an I-130 application they have the right to ask anyone who applies to appear before them and they're not budging. She also said if I don't appear my application's dead in the water.

 

EDIT:: They've rescheduled it to September. This just plain sucks. I've got to arrange to fly round-trip + hotel just to get my application past Beijing. This isn't even counting what I'll have to go through in Guangzhou.

Edited June 30, 2008 by bmic (see edit history)

[xiaofeizhu]

I am sorry to hear about this. When we DCFed in Beijing, they did not call us in. It may have helped that we went to file together, but I have never heard of this happening. Sorry that I cannot offer any advice about this. I hope someone with more answers comes along. I do think that if you want to continue the DCF that you have to come back to China. If you don't think that you can do that, maybe you should cancel the I-130 there and file in the states? Sorry, not many options I think.

[Randy W]

I don't think we've seen this request to appear before. What a trap!

 

But I think Erika's right there - either go to China for the interview or start over in the states.

 

Maybe there are cases like this on VJ?

[dnoblett]

I don't think we've seen this request to appear before. What a trap!

 

But I think Erika's right there - either go to China for the interview or start over in the states.

 

Maybe there are cases like this on VJ?

There are, I read of one within the past few months, USCIS at the Embassy interviewed the couple. Fortunately they were still in China.

 

Still trying to find the thread.

[IllinoisDave]

I don't think we've seen this request to appear before. What a trap!

 

But I think Erika's right there - either go to China for the interview or start over in the states.

 

Maybe there are cases like this on VJ?

Definately an interesting case. Sorry for your jam.

Randy, is it that easy to simply start over once the original I-130's been filed?

[david_dawei]

It sounds like a return trip for BJ; to get the petition approved... not a return for the interview. They may be trying to see if he qualifies to file a DCF.. maybe somehow found out he left china?

[ken88]

I lived in China for 5 years and got married last July. We decided I'd return to the US and work in March - so in March, just before I left, I initiated the DCF process by paying for the application in Chengdu (we lived In Kunming) and mailing the application to Beijing (I-130).

3 months later, I finally land a job and a couple days later (yesterday) I got word from my wife that the Beijing embassy called and wants my wife and I to appear at the Embassy in BEIJING at the end of July. They told my wife that if we don't show, they'll make their own decision based on the information in our application.

 

Now, I've never heard of something like this happening. I assumed these decisions would not be made before the application was sent to Guangzhou. I'm just starting this new job and I can't just pick up and take a vacation, not to mention the fact that I can't afford it. Anyone have any advice?

 

EDIT:: I just spoke with a woman at the consular office in Beijing. She says that by lodging an I-130 application they have the right to ask anyone who applies to appear before them and they're not budging. She also said if I don't appear my application's dead in the water.

 

EDIT:: They've rescheduled it to September. This just plain sucks. I've got to arrange to fly round-trip + hotel just to get my application past Beijing. This isn't even counting what I'll have to go through in Guangzhou.

 

The purpose of DCF is for American citizens who are residing in China, to apply for a spousal visa without returning to the states. It is not intended to make a trip to China and file a DCF and come back to the US. I think you tried to beat the system and it back-fired.

 

The best course of action that you can take at this time, in my opinion (I must say that I am not a lawyer and I am not an expert), is to cancel or withdraw the application and start over in the US, as if you are a resident of US, which you are.

 

Even if you go to BJ, the question is going to come up and you are not going to lie. Then they will ask you to start over again in the US, anyway!

 

More over you will have show your employment and income, eventually. If you show that you are living in the US and misrepresented that you are living in China, your will be red flagged for life, and your wife may never be able to come the US !

 

If you really want to salvage the application, Write them a letter telling the truth, and nothing but the truth, and ask them as to what will be the best course of action for you, in this situation.

 

If you have money, let your wife go and talk to an immigration lawyer in China. Send me a PM if you need the names of some lawyers.

 

Good Luck

 

Ken88

[LeeFisher3]

I lived in China for 5 years and got married last July. We decided I'd return to the US and work in March - so in March, just before I left, I initiated the DCF process by paying for the application in Chengdu (we lived In Kunming) and mailing the application to Beijing (I-130).

3 months later, I finally land a job and a couple days later (yesterday) I got word from my wife that the Beijing embassy called and wants my wife and I to appear at the Embassy in BEIJING at the end of July. They told my wife that if we don't show, they'll make their own decision based on the information in our application.

 

Now, I've never heard of something like this happening. I assumed these decisions would not be made before the application was sent to Guangzhou. I'm just starting this new job and I can't just pick up and take a vacation, not to mention the fact that I can't afford it. Anyone have any advice?

 

EDIT:: I just spoke with a woman at the consular office in Beijing. She says that by lodging an I-130 application they have the right to ask anyone who applies to appear before them and they're not budging. She also said if I don't appear my application's dead in the water.

 

EDIT:: They've rescheduled it to September. This just plain sucks. I've got to arrange to fly round-trip + hotel just to get my application past Beijing. This isn't even counting what I'll have to go through in Guangzhou.

 

The purpose of DCF is for American citizens who are residing in China, to apply for a spousal visa without returning to the states. It is not intended to make a trip to China and file a DCF and come back to the US. I think you tried to beat the system and it back-fired.

 

The best course of action that you can take at this time, in my opinion (I must say that I am not a lawyer and I am not an expert), is to cancel or withdraw the application and start over in the US, as if you are a resident of US, which you are.

 

Even if you go to BJ, the question is going to come up and you are not going to lie. Then they will ask you to start over again in the US, anyway!

 

More over you will have show your employment and income, eventually. If you show that you are living in the US and misrepresented that you are living in China, your will be red flagged for life, and your wife may never be able to come the US !

 

If you really want to salvage the application, Write them a letter telling the truth, and nothing but the truth, and ask them as to what will be the best course of action for you, in this situation.

 

If you have money, let your wife go and talk to an immigration lawyer in China. Send me a PM if you need the names of some lawyers.

 

Good Luck

 

Ken88

I believe you've missed the fact that he lived in China for 5 years and got married in China a year ago, which is a valid case for DCF. The visa process does not require him to reside in China while the visa is processed, only that he was a resident when they filed.

 

He only needs to prove that he was married in China and lived in China for more than 6 months and I'm sure he had the correct visa category to qualify or they would have immediately rejected the application.

 

Many who have filed DCF have moved back to the US during the visa processing to secure employment instead of waiting to do everything once the visa has been issued.

[shanghaigale]

My information is rather old because me and my wife applied for a DCF way back in 1999 in Shanghai. I was living there at the time and did for almost 5 years. In our case the petition was forwarded to Beijing and we had to fly up there and be interviewed by the INS officer that was stationed there. There was no choice given to us. After being approved in Beijing the INS in Beijing forwarded it onto GZ where it proceeded in the normal manner with a packet 3 and 4. Final interview was in GZ.

Gale

 

I lived in China for 5 years and got married last July. We decided I'd return to the US and work in March - so in March, just before I left, I initiated the DCF process by paying for the application in Chengdu (we lived In Kunming) and mailing the application to Beijing (I-130).

3 months later, I finally land a job and a couple days later (yesterday) I got word from my wife that the Beijing embassy called and wants my wife and I to appear at the Embassy in BEIJING at the end of July. They told my wife that if we don't show, they'll make their own decision based on the information in our application.

 

Now, I've never heard of something like this happening. I assumed these decisions would not be made before the application was sent to Guangzhou. I'm just starting this new job and I can't just pick up and take a vacation, not to mention the fact that I can't afford it. Anyone have any advice?

 

EDIT:: I just spoke with a woman at the consular office in Beijing. She says that by lodging an I-130 application they have the right to ask anyone who applies to appear before them and they're not budging. She also said if I don't appear my application's dead in the water.

 

EDIT:: They've rescheduled it to September. This just plain sucks. I've got to arrange to fly round-trip + hotel just to get my application past Beijing. This isn't even counting what I'll have to go through in Guangzhou.

[david_dawei]

We heard from other DCFers who have left during the processing.. but not so quickly after filing... otherwise I think we would of heard of this snag before.

 

I agree with Lee.. he qualified to file according to the letter of the law; whether they take exception based on the spirit of the law will be seen.

[bmic]

Thanks for all the helpful advice. Yes, I lived in China for five years preceding the application. I had to get the added pages in my passport because it was filled to the brim with various Chinese visas and I've got more than enough evidence to support me in that regard. I've become resigned to the fact that I just have to fly back for this interview. Fair or not is irrelevant - it is true that they have the option to call me in for the interview and I have no desire to start this process again so I'll fly up in September. Thanks to all of you who PM'ed me with support, it really means the world to me. I hope in the future I can give the same back to someone else who has to go through what has become something a little short of a nightmare.

 

I'll keep all of you updated!!

[tsap seui]

Wow, a very interesting thread with lots of good info on a DCF. In a couple of years I may need this insight my owndamnself.

 

It sucks you have to jump trough another hoop, but you've got your focus on your goal fully intact and are heading back for Beijing's meeting.

 

Let me ask you bmic. I understand you were married July 2007 and waited until March 2008 to file, then, after filing, you left China in March, also. So, it was around 3 months after filing that Beijing asked you to make an appearance?

I'm only curious as I may need to jump through this hoop in the future.

 

I wish you the best of luck with the success of your application. It's just a matter of jumpin' through the hoops. Long ago it used to be a matter of jumping over a broom, then the government got involved, and probably paid a fortune for a consultant to come up with a hoop, or ten, to jump through.

 

tsap seui

Edited July 2, 2008 by tsap seui (see edit history)

[david_dawei]

I've become resigned to the fact that I just have to fly back for this interview.

just to clarify;

 

your flying back for a petition issue at BJ.. with USCIS... so while this may be some sort of 'interview', it's not the visa approval interview as far as I can tell.

 

GUZ (DOS) does the visa interview [proper] in Guangzhou...

[bmic]

yes three months after filing they called my wife and told her we have to come in for the interview. Almost 3 months to the day, now that i think about it.

 

Wow, a very interesting thread with lots of good info on a DCF. In a couple of years I may need this insight my owndamnself.

 

It sucks you have to jump trough another hoop, but you've got your focus on your goal fully intact and are heading back for Beijing's meeting.

 

Let me ask you bmic. I understand you were married July 2007 and waited until March 2008 to file, then, after filing, you left China in March, also. So, it was around 3 months after filing that Beijing asked you to make an appearance?

I'm only curious as I may need to jump through this hoop in the future.

 

I wish you the best of luck with the success of your application. It's just a matter of jumpin' through the hoops. Long ago it used to be a matter of jumping over a broom, then the government got involved, and probably paid a fortune for a consultant to come up with a hoop, or ten, to jump through.

 

tsap seui

[Tom and Ling]

Hi bmic,

 

Not that it helps you, But with my second wife who was Russian, after I married her I DCFed 3 I-130's with the US Embassy in Kazakhstan but my wife and step-children were with me when I filed all the forms.....This was probably the interview that you are going to have to go back to....

 

I would suspect that they want to make sure that you are qualified to make a DCF filing.

Probably because anyone could mail in a DCF filing , even from the US, by having your spouse do the mailing......just another hoop to jump through..........

 

Good luck....

 

Tom and Ling

 

 

 

yes three months after filing they called my wife and told her we have to come in for the interview. Almost 3 months to the day, now that i think about it.