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Do we qualify for DCF?


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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?

 

You need to contact which ever office you're in the jurisdiction of and ask them directly. Anything less would simply lead to uncertain hopeful thinking on your part. Good luck and let us know. The instructions that they sent me concerning the I-130 stated that a Z or X visa along with RP status were required.

 

If you want to contact them (Beijing):

 

For security reasons, the Beijing office is unable to accept walk-in applicants and you must first obtain an appointment. You may call 10-8531-3111 or e-mail to dhsbeijing-cis@dhs.gov to schedule an appointment.

 

Where did I get the six month stipulation? From the Guangzhou website:

 

http://guangzhou.usembassy-china.org.cn/i-...n-relative.html

 

and

 

http://guangzhou.usembassy-china.org.cn/iv_faqs.html#B2

 

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.

 

Again, I would advise you to contact them and make sure for yourself. We here at CFL can only share what applied to us. In the end, they are the ones holding all of the cards. Again, good luck.

Edited by Kyle (see edit history)
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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?

 

You need to contact which ever office you're in the jurisdiction of and ask them directly. Anything less would simply lead to uncertain hopeful thinking on your part. Good luck and let us know. The instructions that they sent me concerning the I-130 stated that a Z or X visa along with RP status were required.

 

If you want to contact them (Beijing):

 

For security reasons, the Beijing office is unable to accept walk-in applicants and you must first obtain an appointment. You may call 10-8531-3111 or e-mail to dhsbeijing-cis@dhs.gov to schedule an appointment.

 

Where did I get the six month stipulation? From the Guangzhou website:

 

http://guangzhou.usembassy-china.org.cn/i-...n-relative.html

 

and

 

http://guangzhou.usembassy-china.org.cn/iv_faqs.html#B2

 

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.

 

Again, I would advise you to contact them and make sure for yourself. We here at CFL can only share what applied to us. In the end, they are the ones holding all of the cards. Again, good luck.

Strange that the USCIS, in Beijing doesn't say that they require the 6 month residency, but GUZ does. Maybe I'll have better luck with Beijing, or Shenyang in fact. Anyways I'm going to call all 3 of them to see what they say. Ill let you guys know what happens tomorrow

 

Peace

Edited by reliable (see edit history)
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Well I called GUZ and no luck with anyone answering the phones. I called Beijing, and explained that I am on a L visa for purposes of staying with wife and family. I also explained that I have been in China for about 8 years and asked about the 6 month rule along with the residence permit.

 

The nice lady, said that they will take my situation into consideration, and that Ill have no problem filing since I have been in China for longer than 6 month. She also said that a residence permit is not required, and that as long as I have been here for for longer than 6 months I will be able to file.

 

NOTE: She did ask me where I was located first before telling me if I can apply. She also said that I can mail the application form to Beijing, and pay the free in Shenyang.

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