DCF - can I use a US address on I-130?

[Dan de mingzi]

Hi All,

 

I am probably being paranoid, but just want to make sure I'm doing this right: I will be doing the DCF process and filing the I-130 on Friday the 23rd in Guangzhou, since I have a Guangzhou based resident permit. Almost immediately after filing, I will be moving back to the US to start a new job back there, and thus won't have a Chinese address anymore. My wife has a US tourist visa, so during the immigration process she will spend part of the time in China and part of it staying with me in the US.

 

So my question is: The required I-130 and g-325a forms both ask for my current address; can I use a US address for this so that any forms sent to me will be sent to the US? If so will that cause problems because I am supposed to be resident in China to file DCF?

 

Also, I will list my wife's current address as her family's address in China, and for any forms sent to her, her family can forward on to us in the US. Is that a workable plan, or am I inviting trouble?

 

Thanks a lot for any thoughts.

[Stepbrow]

My recommendation is that you wait till you arrive in the US before you file.

 

I say this first, because whenever you complicate things when dealing with the government, you increase the chance for errors.

 

Secondly, if you file the electronic processing, your wait time will be about the same.

 

Since the time differential is negligible, why not just file here in the US?

[dnoblett]

My recommendation is that you wait till you arrive in the US before you file.

 

I say this first, because whenever you complicate things when dealing with the government, you increase the chance for errors.

 

Secondly, if you file the electronic processing, your wait time will be about the same.

 

Since the time differential is negligible, why not just file here in the US?

Correct, I have seen a few file DCF and the shortly head to the states, only to have to return to China because USCIS in CHINA wants to interview you.

 

Use a China address for correspondence for DCF process, the consulate will not mail paperwork out of China.

[Randy W]

My recommendation is that you wait till you arrive in the US before you file.

 

I say this first, because whenever you complicate things when dealing with the government, you increase the chance for errors.

 

Secondly, if you file the electronic processing, your wait time will be about the same.

 

Since the time differential is negligible, why not just file here in the US?

Correct, I have seen a few file DCF and the shortly head to the states, only to have to return to China because USCIS in CHINA wants to interview you.

 

Use a China address for correspondence for DCF process, the consulate will not mail paperwork out of China.

 

 

Whoa, there! This is rare! Usually the US domicile is what is important. A job and residence in the state certainly qualify in this respect.

 

A USCIS interview is very rare, and can easily be handled with a trip back to China. The cases we've seen have been because of a questionable background.

 

Most DCF'er's DO head for the states.

 

In this case, you can use the Chinese address on your application for the DCF. Like what has been pointed out, however, this gives you a choice due to the improved timing of the electronic filing. But the bugs have not all been worked out for the electronic filing, and this can be a factor for some.

 

My advice is to go ahead and file, but not delay a trip to the states

Edited October 17, 2009 by Randy W (see edit history)

[squirty]

I filed DCF in August of this year. I would recommend you file in Guangzhou and wait until the I-130 is approved before heading back to the US. It will be fast and should take around 10 days to approve. Maybe even less. Then you are free to go to the US with your wife. I would also make sure to put a Chinese address; I would use your wife's address.

 

From looking at previous DCF timelines from GUZ, you should have the visa in hand in about 3 months time which is faster than filing stateside. If you are not in a rush, then consider filing from the US.

 

The positives of filing DCF is that they seem to be more lenient on the bonafide relationship issues. Negatives is that you must be able to prove domicile and financial support (most find a co-sponsor). You seem to have both of these issues accounted for. Just mention during the time of her interview that you had already returned to the US to start your job and all will be fine.

 

In the end, I'd recommend DCF for you. Older members please correct me if I'm wrong.

Edited October 17, 2009 by squirty (see edit history)

[david_dawei]

The simple solution is to use her address in china; She will get the mail. (I guess I shouldn't ask why your address is not her address).

 

But the one point is reasonable; If you were called back to china to answer for your DCF for any reason, can you just get up and go?

 

I think you should of filed already by now.... every moment you wait seems to raise more questions.

[Dan de mingzi]

I filed DCF in August of this year. I would recommend you file in Guangzhou and wait until the I-130 is approved before heading back to the US. It will be fast and should take around 10 days to approve. Maybe even less. Then you are free to go to the US with your wife. I would also make sure to put a Chinese address; I would use your wife's address.

 

From looking at previous DCF timelines from GUZ, you should have the visa in hand in about 3 months time which is faster than filing stateside. If you are not in a rush, then consider filing from the US.

 

The positives of filing DCF is that they seem to be more lenient on the bonafide relationship issues. Negatives is that you must be able to prove domicile and financial support (most find a co-sponsor). You seem to have both of these issues accounted for. Just mention during the time of her interview that you had already returned to the US to start your job and all will be fine.

 

In the end, I'd recommend DCF for you. Older members please correct me if I'm wrong.

 

 

Thanks everyone for the good information. I've spent a lot of time figuring out the DCF process and hate to change gears now to do US filing, so I think I'll stick with the DCF. I'll see if I can delay my flight back to the US somewhat, though I think my new job is starting to wonder why it is taking me so long to get started! I have had to delay several times already.....

 

Squirty, just out of curiousity it seems you were able to EMS your materials to BJ for the DCF? Guangzhou requires me to physically come file in person; I guess it's just a policy difference between the two offices?

 

 

Also, if I could trouble you (or any other DCFers) with a few more questions (this process seems to introduce an endless number of questions):

 

1- Passports: I have seen some websites saying bring both person's originals, or some saying just copies of the biographical pages, or some saying copies of all pages in the passport. What did you use to file?

 

2- Marriage certificate: Nanjing gave us some nice paper Notarial copies of the marriage certificate (for an extra 88 RMB) when we got married. But some consulate websites also ask for the "Registered" marriage certificate. Is this the little red cardboard marriage book? If so, did you need to turn in both of these red books (one for husband and one for wife) and also certified translations?

 

Thanks!

[squirty]

I filed DCF in August of this year. I would recommend you file in Guangzhou and wait until the I-130 is approved before heading back to the US. It will be fast and should take around 10 days to approve. Maybe even less. Then you are free to go to the US with your wife. I would also make sure to put a Chinese address; I would use your wife's address.

 

From looking at previous DCF timelines from GUZ, you should have the visa in hand in about 3 months time which is faster than filing stateside. If you are not in a rush, then consider filing from the US.

 

The positives of filing DCF is that they seem to be more lenient on the bonafide relationship issues. Negatives is that you must be able to prove domicile and financial support (most find a co-sponsor). You seem to have both of these issues accounted for. Just mention during the time of her interview that you had already returned to the US to start your job and all will be fine.

 

In the end, I'd recommend DCF for you. Older members please correct me if I'm wrong.

 

 

Thanks everyone for the good information. I've spent a lot of time figuring out the DCF process and hate to change gears now to do US filing, so I think I'll stick with the DCF. I'll see if I can delay my flight back to the US somewhat, though I think my new job is starting to wonder why it is taking me so long to get started! I have had to delay several times already.....

 

Squirty, just out of curiousity it seems you were able to EMS your materials to BJ for the DCF? Guangzhou requires me to physically come file in person; I guess it's just a policy difference between the two offices?

 

 

Also, if I could trouble you (or any other DCFers) with a few more questions (this process seems to introduce an endless number of questions):

 

1- Passports: I have seen some websites saying bring both person's originals, or some saying just copies of the biographical pages, or some saying copies of all pages in the passport. What did you use to file?

 

2- Marriage certificate: Nanjing gave us some nice paper Notarial copies of the marriage certificate (for an extra 88 RMB) when we got married. But some consulate websites also ask for the "Registered" marriage certificate. Is this the little red cardboard marriage book? If so, did you need to turn in both of these red books (one for husband and one for wife) and also certified translations?

 

Thanks!

 

Guangzhou requires you to file in person from what I hear. This is a good thing because it allows you to be approved much faster than the rest of us who file through Beijing. From what I remember, there is a two hour time period in the afternoon on Friday's to file. Bring with you your passport and copies of the biographical page plus relevant visa papers (hers is not necessary yet) and the rest of the required documents. I would also highly recommend writing up a nice EOR letter to send in with the application.

 

As for the marriage certificate, I can't be positive, but I am assuming the notarial papers you have are not the required ones by the consulate. The ones you need is a white booklet (A4, 6-8 pages including pictures of both parties) consisting of Chinese / English translation from the relevant Public Notary office of Guangzhou. I could be wrong...You may want to scan your booklet so the rest of CFL members can verify for you. The red booklet you should bring with you when you file, but it's really not important for any other use after that. It's mostly just for your memories as GUZ is concerned.

 

Sooner or later down the road you are going to need to get the official notary certificates of marriage, so I would get to work on that immediately. It took us a week to get from Shanghai. Don't forget to also prove your domicile when you send in the application. This is all I can think of now. Good luck.

Edited October 18, 2009 by squirty (see edit history)