Can't get ahold of the US Consulate in Beijing

[dnoblett]

It seams that Beijing DHS office is now back open as I have contacted them via email and received an answer the same day. I have a question now. In early November I wanted to DCF but since I could not get in contact with Beijing I filed for K-3 visa through my lawyer in USA. The time frame currently is 11 months. I will leave China in August 2009. Can I abandon my USA K-3 Visa filing and DCF in Beijing this month? The timing in Beijing would allow us most likely to get her CR-1 visa before I have to leave. Can I file in Beijing before I abandon the filing in USA or will this cause problems?

 

Thanks,

Alan

If you file a second I-130 before you abandon the other, there will be two in USCIS systems which can cause confusion.

 

You can write a letter to USCIS and note the petition number and send to the service center that is working on the (I-130+I-129F) explaining your situation, that you are resident in China and will be filing an I-130 at the consulate at a later time.

 

Note: Make sure that you maintain US domicile while living in China, in either case you need to provide evidence that your time in China is Temporary. Maintain US bank accounts, DL, mailing address, file returns...

[whome?]

It seams that Beijing DHS office is now back open as I have contacted them via email and received an answer the same day. I have a question now. In early November I wanted to DCF but since I could not get in contact with Beijing I filed for K-3 visa through my lawyer in USA. The time frame currently is 11 months. I will leave China in August 2009. Can I abandon my USA K-3 Visa filing and DCF in Beijing this month? The timing in Beijing would allow us most likely to get her CR-1 visa before I have to leave. Can I file in Beijing before I abandon the filing in USA or will this cause problems?

 

Thanks,

Alan

If you file a second I-130 before you abandon the other, there will be two in USCIS systems which can cause confusion.

 

You can write a letter to USCIS and note the petition number and send to the service center that is working on the (I-130+I-129F) explaining your situation, that you are resident in China and will be filing an I-130 at the consulate at a later time.

 

Note: Make sure that you maintain US domicile while living in China, in either case you need to provide evidence that your time in China is Temporary. Maintain US bank accounts, DL, mailing address, file returns...

 

Thanks. So I need to abandon the I-130 filed in USA first then apply for I-130 in China or can I do both of these at the same time?

 

Another question - could I have filed the I-130 here in China and then filed the I-129F in USA (from the China I-130 recepit)? It seems this is probably possible but wonder why my lawyer did not say this was an option?

[Sebastian]

I dunno - I always view the DCF'd I-130 as TheSuperiorThing. So if yer living in China, and have opportunity to File an I-130 AT a Consulate, do it.

 

Hindsight can be 'fun'...

 

IMO - FWIW, since you haven't received the NOA-2 yet on either petition - you should tell USCIS to abandon the petitions. Once you have an official notice about the 'withdrawals' - then file the DCF'd I-130. You __COULD__ file that DCF'd I-130 now, but I'd worry about the THREE cases getting crossed up somehow.

 

But hey - that's just my opinion. I'd say call USCIS stateside, get a human, and ask for a supervisor, then ask them what the best route might be. Whilst their advice is free, it is supposed to be 'official' as well.

 

There is also a CIS office inside the DHS office (at least in BeiJing) - MAYBE if you can get a human on the telephone and ASK for help - you may get a super 'walk in appointment' that will let you cancel the existing petitions whilst face to face with a human there, and file the DCF'd I-130. I dunno, ya gotta ask.

 

Failing ALL OF THAT - email the USCIS ombudsman - expect a week for a response. (I think this is the right url - www.dhs.gov/ximgtn/programs/editorial_0497.shtm )

Edited December 12, 2008 by Darnell (see edit history)

[david_dawei]

It seams that Beijing DHS office is now back open as I have contacted them via email and received an answer the same day. I have a question now. In early November I wanted to DCF but since I could not get in contact with Beijing I filed for K-3 visa through my lawyer in USA. The time frame currently is 11 months. I will leave China in August 2009. Can I abandon my USA K-3 Visa filing and DCF in Beijing this month? The timing in Beijing would allow us most likely to get her CR-1 visa before I have to leave. Can I file in Beijing before I abandon the filing in USA or will this cause problems?

 

Thanks,

Alan

If you file a second I-130 before you abandon the other, there will be two in USCIS systems which can cause confusion.

 

You can write a letter to USCIS and note the petition number and send to the service center that is working on the (I-130+I-129F) explaining your situation, that you are resident in China and will be filing an I-130 at the consulate at a later time.

 

Note: Make sure that you maintain US domicile while living in China, in either case you need to provide evidence that your time in China is Temporary. Maintain US bank accounts, DL, mailing address, file returns...

 

Thanks. So I need to abandon the I-130 filed in USA first then apply for I-130 in China or can I do both of these at the same time?

 

Another question - could I have filed the I-130 here in China and then filed the I-129F in USA (from the China I-130 recepit)? It seems this is probably possible but wonder why my lawyer did not say this was an option?

It appears that different consulates will tell you different answers... but it appears that if you have a residency permit or work permit you may be able to file in china... Once you file a I-130 (regardless of in china or US), the I-129F/K3 is filed in the US....

 

Your lawyer doesn't know China process for immigration... no surprise.

[dnoblett]

Thanks. So I need to abandon the I-130 filed in USA first then apply for I-130 in China or can I do both of these at the same time?

 

Another question - could I have filed the I-130 here in China and then filed the I-129F in USA (from the China I-130 recepit)? It seems this is probably possible but wonder why my lawyer did not say this was an option?

Yes you should not have 2 I-130s processing at same time, and NO you cannot file an I-129F for a K-3 based on a DCF filing of I-130, the I-129F, and I-130 need to be processed in the USA for a K-3, also you do not get any NOA1 receipt from I-130 filed (DCF). K-Visas CANNOT be filed for (DCF).

 

Note: DCF (CR-1) is much faster than K-3 in any event.