DCF

[may1844]

Hi everyone,

Do I have to stay in China physically for 6 months to apply for DCF or have at least 6 months residency.

The U.S. Embassy dose not say anything about minimum stay to petition DCF.

Thanks!

[Randy W]

From the Guangzhou website -

I'm an American citizen who married to a Chinese national. I'm officially residing in China. Can I file a petition for my wife in China?

 

Please contact Citizenship and Immigration Services (CIS) in Guangzhou if you are residing in our consular district (in provinces of Guangdong, Guangxi, Fujian and Hainan) to find out if you can file an immigrant visa petition in China for your wife.

http://guangzhou.usembassy-china.org.cn/iv_faq.html

 

People have reported different things here as far as residency requirements, since that involves different consulates and policies as to what they will accept for residency and potentially both governments.

 

Others can tell you what they experienced.

Edited December 24, 2008 by Randy W (see edit history)

[dnoblett]

Physically present in counselor district for 6 months, per Department of State.

 

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

 

10. I¡¯ve been living in China for more than 6 months. How can I file an immigrant visa petition here?

If you¡¯ve been resident in China for at least the last six months, and are petitioning for the CR1/IR1, CR2/IR2, or IR5 visa classes, you can file a petition at a USCIS office in China.

 

For the Guangzhou consular district (Guangdong, Hainan, Fujian, Guangxi), contact the USCIS office in Guangzhou:

 

U.S. Citizenship and Immigration Services

5th floor, 2nd annex of Tianyu Garden

136-142, Linhe Zhong Rd.

Guangzhou, P. R. China 510133

Phone: (86-20) 8518-7651

Email: cis-guangzhou.inquiries@dhs.gov

 

For the rest of China, contact the USCIS office in Beijing:

 

U.S. Citizenship and Immigration Services

Beijing Kerry Centre, South Tower Office

Guang Hua Road No. 1

Suite 2320

Beijing, 100020, China

Phone: (010) 8529-6740

Email: DHSBeijing-CIS@dhs.gov

http://guangzhou.usembassy-china.org.cn/iv_faqs.htm#10

[Randy W]

http://candleforlove.com/forums/index.php?...st&p=352772

 

 

 

The ambiguity occurs here:

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.

 

And experience shows that not everyone at the consulate follows the letter of the law.

 

 

You might read through the entire topic - in some cases one of the two standards highlighted (not both at the same time) have been relaxed.

 

it seems to me like you should plan for a 6 month stay, and contact the consulate/embassy once you are ready to apply

Edited December 24, 2008 by Randy W (see edit history)

[Sebastian]

I've been trying to keep up with DCF's this last year, as it was something I was interested to do (MAYBE).

 

Some thoughts that I've gleaned from reading here at CFL:

 

1. If you marry in CHINA, you almost automatically can qualify for a 'temporary residence permit' with a duration from 6 months to 2 years without having a work visa. The Residency Permit trumps any visitor visa. But you have to go to the PSB with yer wife in tow, with the marriage license and the hukuo book.

 

2. The US Consulate Districts seem to have different interpretations of the 'required length of residency' prior to filing an I-130. Shanghai seems to be lax about the 6 month 'requirement.

 

3. Bring a lot of money, or have access to it when you are in China. Yer gonna spend some.

 

4. Your Life in China is easier if you are 'entered' into her family hukuo book.

 

Now, some comments....

 

Do I have to stay in China physically for 6 months to apply for DCF or have at least 6 months residency.

ahhhhhhhhhhh. used to be, this would be functionally equivalent, the LHS = the RHS. But - is possible to get a Chinese residency permit that ALLOWS you to leave China and return without having to refile to a new permit. It seems to be dependent on the interpretation of the consular official that accepts your DCF'd I-130, and which US Consulate District You Live In. plim, for example, went back and forth a few times before filing and whilst the petition was winding its way through the system, without sufffering any time lags or delays.

 

If by 'residency' you mean 'a residency permit with 6 months duration, from issuance date to expiration date' - then who knows? Here's a thought - get an 18 month residency permit after you marry in China, file the DCF'd I-130 petition a month after you marry, see what happens.

 

I'm not suggesting, really, that you be a guinea pig or a white rat. But, hopefully you can see that the 'real' answer will vary - depending on where you are and the duration of the temporary residency permit.

 

But hei - I don't know everything about DCF - I only study it solely on CFL when my personal time permits.