DCF in Guangzhou or USA

[captain america]

Hi, Just want to say thank you for helping me figure things out first.

The question is this. I live in CQ China for 3 years with wife . We married in States july 2006. We moved to China soon after. We are working for Corp out of US. We do humanitarian work. I got the L Visa, multi entry , re new year to year. So to file DCF in Guangzhou this is good as long as you evidently have residence card which I dont. You dont get this card unless you work for China company. You evidently could work for 5 years and live in China under L visa , or any amount and not be able to DCF in China. This is a problem I dont know how to get around . If I file in USA, by DCF or do I File in Guangzhou? I have heard some difference experiences and really dont know at this time. The Lady I talked to at Guangzhou China US today said the L Visa is not going to let me file DCF. If any one else has any similar experiences with DCF filing in China or Ideas I would appreciate feed back. I think filing in China might be faster but I am heading out to US soon.

Confused, Looking for options.

Stephen, Captain America

[Randy W]

Experiences vary by consulate - http://candleforlove.com/forums/index.php?...st&p=520954

[dnoblett]

I would think the entry/exit stamps in passport will show living in China for longer than 6 months, this may satisfy them, however some sort of residency stamp may be needed.

[Kyle]

I would think the entry/exit stamps in passport will show living in China for longer than 6 months, this may satisfy them, however some sort of residency stamp may be needed.

 

You'd think so. The residence permit is an official looking sticker that takes up an entire exit/entry page. You can also gain residence status by being a student. Don't know if that's an option you're willing to consider.

[captain america]

I would think the entry/exit stamps in passport will show living in China for longer than 6 months, this may satisfy them, however some sort of residency stamp may be needed.

I think I am wishing to get it done in Guangzhou but maybe its a bit like playing poker. Thanks for the quick reply. Today I talked to a Visa officer friend, should get back to me soon. I think I might go ask the PSB office if they can do something with regard to what you stated. Do you know if i return to the states Can my wife and me together file DCF there , evidently this is the text book answer from the lady in Guangzhou. If so maybe that will be next.

Thanks again

[Kyle]

After you successfully file your petition, yes, you can return to the States. I haven't read anything stating that you must stay in China until the process is complete - only that you must be a resident of China for 6 mo - to be eligible for DCF processing. Of course, you will probably want to be with your wife in Guangzhou when her interview takes place, but I don't even think that is a requirement.

Edited October 21, 2009 by KJJ (see edit history)

[dnoblett]

I would think the entry/exit stamps in passport will show living in China for longer than 6 months, this may satisfy them, however some sort of residency stamp may be needed.

I think I am wishing to get it done in Guangzhou but maybe its a bit like playing poker. Thanks for the quick reply. Today I talked to a Visa officer friend, should get back to me soon. I think I might go ask the PSB office if they can do something with regard to what you stated. Do you know if i return to the states Can my wife and me together file DCF there , evidently this is the text book answer from the lady in Guangzhou. If so maybe that will be next.

Thanks again

Wife could visit states only if she could get a visitor's visa, can be hard when having an I-130 in process showing immigrant intent.

 

DCF is the quickest process, I tend to see filing to interview in the 4 month range.

[Kyle]

Wife could visit states only if she could get a visitor's visa, can be hard when having an I-130 in process showing immigrant intent.

 

We asked that question while in Beijing. The lady told us that it would be impossible for my wife to visit the States on a B2 visa after filing her I-130. Dan is correct, DCF processing should be much much quicker than filing Stateside.

 

We just called DoS tonight to inquire when her interview would be. They said that her background check was finished but an interview date has not been set. They told us to call next week. We submitted our I-130 in late August. It seems like there is a good chance we'll have an interview in early to mid December.

Edited October 21, 2009 by KJJ (see edit history)

[Randy W]

f 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.

 

The key word there (which leaves a little open to interpretation) is "resident"

 

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

 

scroll down to #10

Edited October 21, 2009 by Randy W (see edit history)

[captain america]

f 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.

 

The key word there (which leaves a little open to interpretation) is "resident"

 

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

 

scroll down to #10

[captain america]

Hi, Just want to say thank you for helping me figure things out first.

The question is this. I live in CQ China for 3 years with wife . We married in States july 2006. We moved to China soon after. We are working for Corp out of US. We do humanitarian work. I got the L Visa, multi entry , re new year to year. So to file DCF in Guangzhou this is good as long as you evidently have residence card which I dont. You dont get this card unless you work for China company. You evidently could work for 5 years and live in China under L visa , or any amount and not be able to DCF in China. This is a problem I dont know how to get around . If I file in USA, by DCF or do I File in Guangzhou? I have heard some difference experiences and really dont know at this time. The Lady I talked to at Guangzhou China US today said the L Visa is not going to let me file DCF. If any one else has any similar experiences with DCF filing in China or Ideas I would appreciate feed back. I think filing in China might be faster but I am heading out to US soon.

Confused, Looking for options.

Stephen, Captain America

[captain america]

Hi Randy,

I understand resident , key word. We were married in USA while my wife was doing some work there but we never resided there. My L visa multi entry was the only issue I was questioning. Also If you are married in USA must you file DCF in USA?

So I am resident for 3 years, should try to go to Guangzhou you think?

Or go back to States on B visa she already has and file there , any thoughts.

Sticky questions I know.

Thanks , I think you are on the right track with the resident word, Not focused on type of visa only.

[dnoblett]

Hi Randy,

I understand resident , key word. We were married in USA while my wife was doing some work there but we never resided there. My L visa multi entry was the only issue I was questioning. Also If you are married in USA must you file DCF in USA?

So I am resident for 3 years, should try to go to Guangzhou you think?

Or go back to States on B visa she already has and file there , any thoughts.

Sticky questions I know.

Thanks , I think you are on the right track with the resident word, Not focused on type of visa only.

Where you married has no affect on where you file the I-130, you can file either to USCIS in the USA or to USCIS at the consulate or embassy located where you are currently residing (DCF)

[Randy W]

Hi Randy,

I understand resident , key word. We were married in USA while my wife was doing some work there but we never resided there. My L visa multi entry was the only issue I was questioning. Also If you are married in USA must you file DCF in USA?

So I am resident for 3 years, should try to go to Guangzhou you think?

Or go back to States on B visa she already has and file there , any thoughts.

Sticky questions I know.

Thanks , I think you are on the right track with the resident word, Not focused on type of visa only.

 

 

The word 'resident' is the key word there, because it all hinges on how your consulate interprets this word. If the lady is correct, and you are not considered a 'resident', you will need to file in the states.

 

Unfortunately, it's their choice. Might be worth a try, though.

[squirty]

Why don't you just make a trip to the consulate and try to submit the I-130? The worse that could happen is they reject you and then you file in the states. It's worth a shot and you get a definitive answer. Be sure to include evidence of your stay and explain it clearly to them. If the lady at the counter rejects you, ask to speak to a superior.

 

I don't know about GUZ, but it seems all the other consulates are more than willing to accept based on the simple fact that you have been here longer than six months, no matter your current visa status.