Guangzhou Direct Consular Filing (DCF) info for you guys

[warpedbored]

Good information Randy, so it appears that they can set their own rules.

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.

[whome?]

Good information Randy, so it appears that they can set their own rules.

 

 

Yes good info. Randy. And you are right Carl ... they also can change their rules on any given visit or phone call .. from the experiences I have heard on DCF in China you should call the office you want to DCF with but it is "buyer beware" if what you were told was correct, contained all of the information/reguirements, or has been changed since your phone call.