Advice Regarding USA I-130 W/D and DCF Submittal

[whome?]

I am one who likes and values input from others before making most decisions. Since everyone here, myself included, seems inclined to offer advice from their experiences and knowledge I thought I would ask for some advice for myself. My situation:

 

From my timeline you can see I filed in VSC for K-3/CR-1 in Nov. 2008. We are still waiting for NOA-2. At the time of filing I was supposed to be in China until end of 2010 so I thought the 2-yr validity of K-3 visa was the way to go.

 

In Jan. 2009 I was informed that they had an assignment for me in USA to start in Aug. 2009. At that time I thought if we got NOA-2 approval in Feb-Mar09 or early Apr09 we would be ok because I probably I will have go back to USA and sell my house, relocate to another city, etc. I figured if we interviewed in Sep or even Oct the time apart will not be too long and give us both time to tie up loose ends in China/USA.

 

After seeing timelines and patterns on VisaJourney for VSC and my wife seeing DCF timelines on 001 she thinks we should cancel the USA petition and DCF file in early May in Beijing (I have to go to get a notarized copy of her passport for tax reasons anyway) because it will still be faster than waiting for the current petition.

 

Earlier this year I decided not to do this because I really thought we would get NOA-2 in 3-5 months since we have no major red flags. I am thinking now that she may be right. Even if we got approval today the time line would be 5-6 months for her interview and we gan get DCF approval in 6 months or probably less.

 

The downside is paying the filing again and having to do all the paperwork again although i have most copies of what I sent my lawyer. I have residence in USA so this is no problem. The best upside I see is that a DCF seems to have less burden of proof for the BF relationship.

 

Am I missing anything? Any comments, insight, suggestions?

 

My thought is to still wait for the first petition but as any good Chinese wife she is doing her best to make me see it her way!

 

Sorry for being so long .. thanks

[Sebastian]

Did you sign up for an online account for your two petitions? You can see status and all history on the USCIS online system .

 

You mentioned having an attorney - are you hammering him for status updates?

 

IMO, the fastest DCF processing occurs if you live inside the GUZ consular district. I remember reading here of other couples who were NOT in the GUZ consular district, and filed the I-130 at GUZ anyway.

 

You could certainly file it this week, with the understanding that you probably won't be around the day of the interview (but you might squeak by, if a miracle occurs).

 

But hei - look at it this way? Do you what your wife wants, and now. The pressure will be gone, and you can continue on with the happy life.

 

Warmest Regards..

[david_dawei]

Your US assignment starts in Aug?

 

I think that GUZ may not like seeing that you cancel an original petition to refile in directly to the consulate, to then leave pretty soon after that filing !

 

I think if you had done it originally, it would look better; now, I just don't like the prospect of doing that.

 

The only problem with your I-130 is that your in china and you'll need to do the NVC paper shuffle... if you pursue that, it's likely to take longer than normal.

[whome?]

Your US assignment starts in Aug?

 

I think that GUZ may not like seeing that you cancel an original petition to refile in directly to the consulate, to then leave pretty soon after that filing !

 

I think if you had done it originally, it would look better; now, I just don't like the prospect of doing that.

 

The only problem with your I-130 is that your in china and you'll need to do the NVC paper shuffle... if you pursue that, it's likely to take longer than normal.

 

Thanka David. Your concern was also a reason I did not not pull my USa petition in Dec08 or Jan09 when I first found out I would go back to USA in Aug09.

 

At that time I was able to convince my wife that everything would still be ok as long as we got NOA-2 in Mar09 or even latest Apr09. See has recently seen people on 001 (same on here also) who DCF and got the visa in 2 months. She also has seen on 001 the people who filed in VSC in 2009 and already gotten NOA-2 while those who filed in Sep-Dec08 are still waiting. Explaining that Sh*T happens when dealing with govt. does not make her anymore happy.

 

As an aside, my lawyer said that they had hired more staff throughout 1Q09 at VSC to deal with backlog (instead of continuing to load shift between CSC and VSC) and that the new hires were being given the more recent petitions while the older staff continued to work on the backlog.