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Do we qualify for DCF?


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Actually I do not know why they say a valid Z work visa is proof. A Z visa is a single entry visa valid for 3 months only. It is required in order for you to then apply for and recieve a residence permit.

 

 

That would be incorrect because Z visa are usually issued for 1 year. I lived in China for 5 years and all of my Z visa's were for 1 year Multi-Entry. I don't think I have ever met anyone there on a Z visa that was for less than a year.

 

The Z visa's are visa's issued to people intending to work in China and there are two types I know of:

 

1) the kind issued to foreigners working in the education field (usually teaching English)

 

2) the other kind is for non-education related employment.

 

Your Chinese employer will request the Z visa and work permit (a seperate dark redish book) from the Public Security Bureau.

Not sure where you get your Z visa from then. Mine (and other ex-pat co-workers I know here in China) was issued as single entry visa valid for three months. The purpose of the Z visa is to allow you entry into China and to then get Foreign Residence Permit.

 

From the China Embassy in USA web page:

 

2. ( Z ) visa is valid for one entry, three months. The holder of a (Z) visa shall go through residential formalities in the local public security department within thirty days of entry into China.

 

http://www.china-embassy.org/eng/hzqz/zgqz/t84245.htm

 

Must be two different types of Z visas.

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No it hasn't been tested in court, as far as we know. In fact, the USCIS was sued for an interpretation of the I-864. They bowed out, as not being pertinent (I forget the legalese) to the proceedings.

 

It has come up in divorce cases, but was used in asking for support amounts.

 

Basically, when the time came to award support to the spouse, her lawyer piped up and brought out the I-864. His lawyer rolled over and played

 

The guy I mentioned above then sued the USCIS to see if the amount was correct. The USCIS replied, don't come to us!

 

Basically, if you are sued by someone over the I-864, get a good lawyer who will stand up for you in court

 

 

This is a case where the USCIS was sued to determine he amount of financial support owed to his ex. The USCIS claimed a "lack of subject matter jurisdiction" - that the support was determined by the courts, and not by the I-864. The case was dismissed.

 

http://www.ca6.uscourts.gov/opinions.pdf/07a0324p-06.pdf

 

RONALD LEE GILMAN, Circuit Judge. The district court dismissed John J. Davis¡¯s complaint due to the lack of subject matter jurisdiction. Davis had sought a declaratory judgment to determine the amount of financial support that he owes to his wife, from whom he is legally

separated, under an Affidavit of Support that the government required him to file on her behalf

when she immigrated to the United States from Ukraine. This suit came after a state court in Ohio

enforced the Affidavit by obligating Davis to pay his wife monthly support. But Davis contends that

his cause of action stems from an enforceable contract between himself and the government that arises under federal law, despite the prior state-court ruling. He thus argues that he has properly established subject matter jurisdiction. For the reasons set forth below, we AFFIRM the judgment of the district court.

 

Interesting read. I must've misread or read bad info. Of course, I found it when I was searching for something else (prenups, I think) and now I can't find it again. Oh well, thanks for the clarification and source.

 

(It's still a scary document!)

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INA - Immigration and Naturalization Act, which says (section 213A. ( a )(1)( A )) simply that the I-864 is

a contract-

 

(A) in which the sponsor agrees to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty line during the period in which the affidavit is enforceable;

 

If she has a roof over her head, food to eat, transportation, clean clothing, etc., she's already a long ways there

 

The I-864 is enforced when the alien takes it to court, or the US government. It seems to me that no lawyer worth his pay would have any trouble proving that the alien was already living on an amount somewhere near the poverty level, whether due to someone's good graces or his/her own efforts.

 

A couple of articles on the subject:

 

http://www.ilw.com/articles/2006,0110-wheeler.shtm

http://www.ilw.com/articles/2006,0608-mehta.shtm

 

an earlier discussion of it

 

http://candleforlove.com/forums/index.php?...st&p=254022

Edited by Randy W (see edit history)
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  • 2 weeks later...

I know others have already told you that you qualify, so I am here to offer any help you may need. I filed DCF last January on an L visa...believe it or not. I was married to my husband and received an L visa in Japan that they pretty much said I could renew forever. The embassy in Beijing accepted it. Feel free to PM me if you have any questions about the DCF. I will try to help you if I can!!

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  • 2 weeks later...

I know others have already told you that you qualify, so I am here to offer any help you may need. I filed DCF last January on an L visa...believe it or not. I was married to my husband and received an L visa in Japan that they pretty much said I could renew forever. The embassy in Beijing accepted it. Feel free to PM me if you have any questions about the DCF. I will try to help you if I can!!

I'm not sure we're getting the full picture here... One files on the basis of something allowing a long term residency; either via a visa (usually work) or residency permit. Did you have a residency permit?

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I know others have already told you that you qualify, so I am here to offer any help you may need. I filed DCF last January on an L visa...believe it or not. I was married to my husband and received an L visa in Japan that they pretty much said I could renew forever. The embassy in Beijing accepted it. Feel free to PM me if you have any questions about the DCF. I will try to help you if I can!!

I'm not sure we're getting the full picture here... One files on the basis of something allowing a long term residency; either via a visa (usually work) or residency permit. Did you have a residency permit?

 

I did not have one. I went to DHS in Beijing and told them that I was on an L visa and had been living in China for over 6 months (my first L visa was for 6 months and then I extended it for another 6 months). China would not give me a residency permit and DHS took the application. I guess it depends on who you get and what mood they are in?

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  • 2 months later...

You qualify, the rule is that you have been resident 6 months or longer, NOT 6 months residence while married the entire 6 months.

 

So you can be resident more than 6 months and only married a few days and still qualify.

:P

HI, I am responding to you answer to another person. I would very much appreciate anyone who could help me understand more on DCF filing. I live in CQ China with wife 3 years on L visa. Married 3 years. Just talked to guangzhou today. Nice lady said you have L visa multi entry but even though have lived with wife 3 years in China you work for US Non Profit, You cant file DCF in Guangzhou must file in States. Residence card I dont have . Evidently I am confused because others posted a different view. One person I read said you just need to live in China 6 months and you can file. What I want to know if do I file in US, or China. Would think Guangzhou is faster and I have been here 3 years If any one can give me the facts before I fly to guangzhou and they laugh at me let me know. Thanks

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You qualify, the rule is that you have been resident 6 months or longer, NOT 6 months residence while married the entire 6 months.

 

So you can be resident more than 6 months and only married a few days and still qualify.

:P

HI, I am responding to you answer to another person. I would very much appreciate anyone who could help me understand more on DCF filing. I live in CQ China with wife 3 years on L visa. Married 3 years. Just talked to guangzhou today. Nice lady said you have L visa multi entry but even though have lived with wife 3 years in China you work for US Non Profit, You cant file DCF in Guangzhou must file in States. Residence card I dont have . Evidently I am confused because others posted a different view. One person I read said you just need to live in China 6 months and you can file. What I want to know if do I file in US, or China. Would think Guangzhou is faster and I have been here 3 years If any one can give me the facts before I fly to guangzhou and they laugh at me let me know. Thanks

 

https://egov.uscis.gov/crisgwi/go?action=of...r.statecode=abk

 

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

 

Note that the Beijing USCIS office is open to the public by appointment only. See http://beijing.usembassy-china.org.cn/homeland_security.html for more details.

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

 

I would email the USCIS directly in the Guangzhou consulate and ask.

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The kicker is that if they don't accept your qualifications, you're out of luck. The rules employed are determined by the USCIS office at the consulate.

 

3 years, working for a non-profit company would seem to be more than enough.

 

Make sure to get a definitive answer from them.

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  • 4 months later...

Wife has found this on several Chinese web-sites, regarding how to apply for the I-130. The Chinese sites, claim that the petitioners do not need a residence permit for longer than 6 months. They do however say that the petitioners need to be in China for longer than 6 months even if on an L visa.

 

Chinese

 

ÉêÇëÈËÔÚÖйú³¤ÆÚ¹¤×÷ºÍ¾Óס£¬²¢³ÖÓÐÖйú¹Ù·½°ä²¼µÄ¾ÓÁôÖ¤£¬Èç¹û³ÖÓÐÂÃÓÎÇ©Ö¤£¨LÀàÇ©Ö¤£©ÔÚÖйú¾Óס6¸öÔÂÒÔÉÏÒ²¿ÉÒÔÉêÇë

 

Bablefish translation lol

 

The applicant in the Chinese long lasting work and the housing, and has the Chinese official promulgation residential card, if has the traveling visa (L kind of visa) occupies above 6 months in China also to be possible to apply

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Wife has found this on several Chinese web-sites, regarding how to apply for the I-130. The Chinese sites, claim that the petitioners do not need a residence permit for longer than 6 months. They do however say that the petitioners need to be in China for longer than 6 months even if on an L visa.

 

Chinese

 

ÉêÇëÈËÔÚÖйú³¤ÆÚ¹¤×÷ºÍ¾Óס£¬²¢³ÖÓÐÖйú¹Ù·½°ä²¼µÄ¾ÓÁôÖ¤£¬Èç¹û³ÖÓÐÂÃÓÎÇ©Ö¤£¨LÀàÇ©Ö¤£©ÔÚÖйú¾Óס6¸öÔÂÒÔÉÏÒ²¿ÉÒÔÉêÇë

 

Bablefish translation lol

 

The applicant in the Chinese long lasting work and the housing, and has the Chinese official promulgation residential card, if has the traveling visa (L kind of visa) occupies above 6 months in China also to be possible to apply

GUZ will require a residence permit almost 100% of the time. BJ seems to be a more flexible (not only in this issue but in general).

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I've heard it go both ways, however, more often than not, I've heard that the PR is required. I know of a few CFL members who were turned away because they did not have permanent resident status. You can always try, just don't be surprised if they refuse to accept the application.

 

Their requirements specifically state that a permanent resident status is required.

 

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.

 

http://beijing.usembassy-china.org.cn/home...ecurity.html#a5

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I've heard it go both ways, however, more often than not, I've heard that the PR is required. I know of a few CFL members who were turned away because they did not have permanent resident status. You can always try, just don't be surprised if they refuse to accept the application.

 

Their requirements specifically state that a permanent resident status is required.

 

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.

 

http://beijing.usembassy-china.org.cn/home...ecurity.html#a5

I see "U.S. Citizens with proof of residency in China", but it doesn't have a time limit such as the 6 month rule. I am assuming that the only way any one gets a residence permit is by Z and X visa's which are automatically 6 months plus. This being said the 6 month rule may not be mandatory. Just having a Z and X visa, along with a residence permit may be enough? I'm wondering about this issue, because I have been in China for over 8 years, and now I don't have a residence permit. I can get a student visa, within 2 weeks a long with a residence permit, but I'm not sure if that will work, cause I haven't been in China for more than 6 months on a residency permit. (I have been in China for 8 years on and off residence permits)

 

I wonder about the Business visa holders?

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