Guangzhou Direct Consular Filing (DCF) info for you guys

[waingro]

Since there is a dearth of DCF info on the web, I'll share my own experience. I successfully submitted the I-130 yesterday at the Guangzhou consulate, but it was a chaotic and frustrating experience. Here's what I know and learned:

 

Applicants must come in-person Fridays 9-11AM only

Originals of everything must be brought along with copies

Chinese spouse should not come

When you get in the consulate, ask someone to point you to "DHS": YES, you will be in the Chinese section, and YES, you will have to wait in line with the Chinese. This was the confusing part, because even the Chinese people were telling me that I must be in the wrong line...I ran all over the place to get confirmation that it was indeed the right spot for me. DHS is the two glass doors at the farthest south side of the consulate. One door says "Interview Room". Ignore that. Either is okay.

US$355 application fee. Bring cash as the credit card machine was broken when I was there.

 

Required documents is different than a standard I-130:

lady asked for TWO pictures of each person

photocopies of both person's passport bio page (both original passports checked)

copy and notarized translation of Chinese spouse's birth certificate required at this stage

She did not ask for my proof of citizenship probably because she had my passport in hand.

She took the ORIGINAL notarized tranlations of spouse birth certificate and of my version of the marriage certificate; not sure if I'll ever get them back

 

Small tip: the consulate is absolute chaos at 9AM with all the Chinese going for interviews. Go around 10AM when it has calmed down.

 

Hope this helps!

[tsap seui]

Thanks for that info, buddy. I printed it off for my files as I'm just a short 17 months and a week from heading down to Beijing and submiting our paperwork for an IR-1.

 

I appreaciate your detailed information. Best of luck to you both.

 

tsap seui

Edited March 28, 2009 by tsap seui (see edit history)

[benc]

you only can do that id you ar working or loactated in china, if u are in the USA , you can't uset that service, right?

[tsap seui]

you only can do that id you ar working or loactated in china, if u are in the USA , you can't uset that service, right?

 

Yes Ben, you've got to be living in China for at least 6 months before doing a DCF. David Z has a very good section in the FAQ's you can read for the other quirks of a DCF.

 

tsap seui

[warpedbored]

I'm not convinced that living there six months is a hard and fast rule. If you have a work visa that allows you to live and work in China I believe you are still eligble.

[chilton747]

I'm not convinced that living there six months is a hard and fast rule. If you have a work visa that allows you to live and work in China I believe you are still eligble.

 

 

"Immediate Relative Immigrant Petitions (Form I-130):

 

 

U.S. Citizens with proof of residency in China may file an Immediate Relative Petition (Form I-130) by making an appointment to come in to the office during Window hours.

 

U.S. Citizens with proof of residency in China, residing outside of the Beijing or Guangzhou Consular Districts, may file at the American Consulates General in Shenyang, Shanghai, or Chengdu. The Beijing Office may contact petitioners and /or applicants to request personal appearances for an interview or to request additional documentation.

 

Please note that in China, immigrant visas are only issued at the American Consulate General in Guangzhou. Therefore, unless otherwise requested, all approved immediate relative petitions are forwarded to Guangzhou for further processing."

 

I see nothing about living in China for 6 months. This came from: http://beijing.usembassy-china.org.cn/home...ecurity.html#a5

[tsap seui]

I'm not convinced that living there six months is a hard and fast rule. If you have a work visa that allows you to live and work in China I believe you are still eligble.

 

 

"Immediate Relative Immigrant Petitions (Form I-130):

 

 

U.S. Citizens with proof of residency in China may file an Immediate Relative Petition (Form I-130) by making an appointment to come in to the office during Window hours.

 

U.S. Citizens with proof of residency in China, residing outside of the Beijing or Guangzhou Consular Districts, may file at the American Consulates General in Shenyang, Shanghai, or Chengdu. The Beijing Office may contact petitioners and /or applicants to request personal appearances for an interview or to request additional documentation.

 

Please note that in China, immigrant visas are only issued at the American Consulate General in Guangzhou. Therefore, unless otherwise requested, all approved immediate relative petitions are forwarded to Guangzhou for further processing."

 

I see nothing about living in China for 6 months. This came from: http://beijing.usembassy-china.org.cn/home...ecurity.html#a5

 

 

The DOS in CHina wouldn't know it's "anal pore" from a bomb crater.

 

You never know from one day to the next as to what information is correct on their own dang websites, as they don't even follow their own protocol and rules. Even when they update their websites they have stuff from the 1950's left on them.

 

I put in bold in Chawls post a falsehood, and it is even on Shenyangs own website. I asked a bird brain American lady at the Shenyang consulate if I could turn in my I-130 to Shenyang, after explaining that I would be living in Liaoning Province and she looked at me like I had asked her how many sheets of terlet paper would it take to reach the moon.

 

Who knows what the rules really are...the DOS certainly doesn't...and if they did they wouldn't follow them anyhow.

 

Guangzhou...the lawless Dodge city of the 1820's

 

tsap seui

[Randy W]

I'm not convinced that living there six months is a hard and fast rule. If you have a work visa that allows you to live and work in China I believe you are still eligble.

 

 

"Immediate Relative Immigrant Petitions (Form I-130):

 

 

U.S. Citizens with proof of residency in China may file an Immediate Relative Petition (Form I-130) by making an appointment to come in to the office during Window hours.

 

U.S. Citizens with proof of residency in China, residing outside of the Beijing or Guangzhou Consular Districts, may file at the American Consulates General in Shenyang, Shanghai, or Chengdu. The Beijing Office may contact petitioners and /or applicants to request personal appearances for an interview or to request additional documentation.

 

Please note that in China, immigrant visas are only issued at the American Consulate General in Guangzhou. Therefore, unless otherwise requested, all approved immediate relative petitions are forwarded to Guangzhou for further processing."

 

I see nothing about living in China for 6 months. This came from: http://beijing.usembassy-china.org.cn/home...ecurity.html#a5

 

 

You need to check with the consulate you are filing at - requirements differ

 

GUZ says 6 months - http://guangzhou.usembassy-china.org.cn/cr...and_cr2/ir2.htm

Edited March 28, 2009 by Randy W (see edit history)

[warpedbored]

I would think that this would be set by immigration law rather than each consulate making up their own rules. There have been reports that GZ will allow a DCF filing if you have lived in China more than six months even without a resident visa. I don't know if it is true or not but I also don't believe they could reject someone who has a resident visa and hasn't been there six months.

[Sebastian]

I seem to remember a few CFL members who, over the last two years, had filed with a temporary residency permit , within 2 months of getting the permit.

 

I'd have to look em up again to be certain, though. There may have been 'other things' prior, like already in country on a regular tourist visa prior to getting the residency permit from a PSB.

 

and Carl - I'm not spitting over words, but I swear there's no 'resident visa' - only a Residency Permit, usually issued as a 'Temporary Residency Permit' - sometimes in parallel with a Work Visa, sometimes not. A TRP trumps a tourist visa for residency requirements, but of course doesn't mean squat on 'work requirements'.

[Randy W]

I would think that this would be set by immigration law rather than each consulate making up their own rules. There have been reports that GZ will allow a DCF filing if you have lived in China more than six months even without a resident visa. I don't know if it is true or not but I also don't believe they could reject someone who has a resident visa and hasn't been there six months.

 

http://www.usaimmigrationattorney.com/DCFa...Fcountries.html

 

Furthermore, there are requirements and conditions to DCF at some Consulates. For example, at most locations such as in Venezuela, the Consulate requires that the gentleman U.S. Citizen be a resident of his spouse's home country. Meanwhile, a few other Consulates such as the one in Brazil (before 07/01/05) require only that the gentleman U.S. Citizen physically present the papers to the Embassy. Most Consulates usually also require that the subject marriage be done in the Beneficiary's home country and not elsewhere, that the petitions be filed within a "reasonable time" after marriage, generally 30 to 90 days, that the U.S. Citizen show a permanent address in the U.S. with a "present intention" to reside there with the foreign spouse, and that the Beneficiary Spouse "continuously reside" in the subject country where the petitions will be filed. Some Consulates may be more relaxed than others in some of these requirements, such the U.S. Consulate in Sweden which will allow DCF even for marriages which did NOT take place in Sweden.

 

We have seen people going to different consulates in China. Again, check with your consulate before filing. They will tell you whether they will accept your application or not, and what the conditions are.

 

From 9FAM Appendix N 200 Visa Petitions

Consular sections may accept Form I-130 from U.S. citizens who reside in their jurisdiction. U.S. citizens whose principal residence is not in the consular district, and/or who have entered the consular district as a temporary visitor/student/or with limited leave to enter and remain must file the petition with the appropriate USCIS Service Center in the United States. You may accept the Form I-360 from widows and widowers who are resident in the consular district if those applications meet all the existing requirements.

Edited March 29, 2009 by Randy W (see edit history)

[jst]

Hello,

 

I also have some questions if anyone has some knowledge of this. I will be getting married in china in the next 2 weeks. I live in the USA and my home is here. I am also going to work on getting a temp resident permit or business visa as I will be staying there for extended periods over the next year or two. Me and my soon to be wife will be setting up a business that will join with my business here in the USA and I will be importing items we will be making in china to sell in the USA. Once I get the visa would I be able to DCF? Also is it faster and is there any benefit to do this other than time? I believe the embassy closest to her is Beijing.

I guess I'm not sure if I will be considered a resident of china for the purpose of the DCF since I will be 1 month in china and 1 month in USA.

 

Thanks for any help

JS

[chilton747]

Hello,

 

I also have some questions if anyone has some knowledge of this. I will be getting married in china in the next 2 weeks. I live in the USA and my home is here. I am also going to work on getting a temp resident permit or business visa as I will be staying there for extended periods over the next year or two. Me and my soon to be wife will be setting up a business that will join with my business here in the USA and I will be importing items we will be making in china to sell in the USA. Once I get the visa would I be able to DCF? Also is it faster and is there any benefit to do this other than time? I believe the embassy closest to her is Beijing.

I guess I'm not sure if I will be considered a resident of china for the purpose of the DCF since I will be 1 month in china and 1 month in USA.

 

Thanks for any help

JS

 

IMO, you need to contact the Beijing Consulate and ask them just to be on the safe side. Then, let us know what they say.

 

Good luck to you!!

[Zhou Zhou]

IMO, you need to contact the Beijing Consulate and ask them just to be on the safe side. Then, let us know what they say.

 

Good luck to you!!

 

I thought the only consulate that issues visas in the one in CAN. Do the others issue them, PVG and PEK?

 

ZZ

[Randy W]

IMO, you need to contact the Beijing Consulate and ask them just to be on the safe side. Then, let us know what they say.

 

Good luck to you!!

 

I thought the only consulate that issues visas in the one in CAN. Do the others issue them, PVG and PEK?

 

ZZ

 

They all issue visas - but GUZ is the only one to issue Family visas (K-1, K-2, K-3, K-4, CR1/IR11, CR2/IR2).

 

But to file a I-130 petition for your family member to immigrate to the US, you would go to the consulate which serves your location. After processing at the consulate, it will be forwarded to GUZ for the actual application.

Edited March 30, 2009 by Randy W (see edit history)