DCF in Guangzhou or USA

[Kyle]

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.

 

Really???

[squirty]

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.

 

Really???

 

Okay, maybe I shouldn't be so absolute and say ALL the other consulates...but it would seem that this criteria is often overlooked as long as the petitioner has stayed in China six months. I've read quite a few stories of people on this board who have applied with an L visa. Unfortunately, I cannot drudge up all the comments that I have come across. Here is one that I was able to find...

 

The whole process took us almost 6 months from filing, but it technically took us one year since we moved to China so we could DCF and I had to live there for 6 months before they would let me file because I was on an "L" visa.

Edited October 22, 2009 by squirty (see edit history)

[xiaofeizhu]

I believe that the example used above was one of mine.

 

I moved to China on an "L" visa with my husband. It was a 6 month single entry visa that the Inner Mongolian Exit/Entry said I could renew for pretty much indefinitely (although they once said 1 year six months and I would have to go out of China and come back).

 

After living in China for six months, I had to renew my visa. I did NOT leave the country and then was able to file the I-130 in Beijing. I did not need a residency permit, just needed to show that I had been in the country for at least 6 months continuously. This seems to be the most important factor. If you left, you need to start again. They look to see when you entered last and make sure that you have been in the country for the required time period.

 

I do not know what kind of experiences others have had, but when they asked me why I was in China, I told them that I was living with my in-laws and applying for my hubby's visa. That was all.

 

I did go to the Beijing office once before my six month period (like 5 months and 20 days or something) and they said no. They said as long as I renew my visa and come back it would be ok.

 

I do not have any experience in GUZ so the may or may not accept your application, but I just wanted to let you know that it is possible, at least some of the time...

[squirty]

I believe that the example used above was one of mine.

 

I moved to China on an "L" visa with my husband. It was a 6 month single entry visa that the Inner Mongolian Exit/Entry said I could renew for pretty much indefinitely (although they once said 1 year six months and I would have to go out of China and come back).

 

After living in China for six months, I had to renew my visa. I did NOT leave the country and then was able to file the I-130 in Beijing. I did not need a residency permit, just needed to show that I had been in the country for at least 6 months continuously. This seems to be the most important factor. If you left, you need to start again. They look to see when you entered last and make sure that you have been in the country for the required time period.

 

I do not know what kind of experiences others have had, but when they asked me why I was in China, I told them that I was living with my in-laws and applying for my hubby's visa. That was all.

 

I did go to the Beijing office once before my six month period (like 5 months and 20 days or something) and they said no. They said as long as I renew my visa and come back it would be ok.

 

I do not have any experience in GUZ so the may or may not accept your application, but I just wanted to let you know that it is possible, at least some of the time...

 

Yes, thanks for replying. I didn't want to name you specifically without your permission. There are others that I recall who filed with an L visa as well. With all things, it's very much YMMV, but always worth a shot.

[Dan de mingzi]

I just filed the I-130 in Guangzhou (DCF) today. My understanding is that they definitely want to see a residence permit (they definitely looked at mine). Since most of the documentation says that, and the lady at the GZ consulate told you that, I expect it is likely what they want to see.

 

However, if it is convenient for you to try, you could always try to file and see if they accept it. There's no penalty for trying, and you have to assemble the same paperwork anyway if you end up filing in the US.

 

Not to be discouraging, but I think the odds of the local PSB "helping" you with anything are about slim to none. Getting the resident permit is a huge pain, and takes a long time, and can be rather expensive, and they do take it pretty seriously; I have never heard of them giving a quickie. In fact I would caution you about even going and asking them; technically it is not legal to work in China on an L visa, and going to them and admitting you have been doing so is inviting trouble.

[captain america]

I just filed the I-130 in Guangzhou (DCF) today. My understanding is that they definitely want to see a residence permit (they definitely looked at mine). Since most of the documentation says that, and the lady at the GZ consulate told you that, I expect it is likely what they want to see.

 

However, if it is convenient for you to try, you could always try to file and see if they accept it. There's no penalty for trying, and you have to assemble the same paperwork anyway if you end up filing in the US.

 

Not to be discouraging, but I think the odds of the local PSB "helping" you with anything are about slim to none. Getting the resident permit is a huge pain, and takes a long time, and can be rather expensive, and they do take it pretty seriously; I have never heard of them giving a quickie. In fact I would caution you about even going and asking them; technically it is not legal to work in China on an L visa, and going to them and admitting you have been doing so is inviting trouble.

Thanks for the heads up. I really appreciate the people on this site , very honest and helpful. I have had a couple tell me go ahead because they got through on L visa, while others said perhaps the residence card is a must. I talked to a Visa officer who is a friend he said he thinks perhaps in the near future the L visa will have similar status with the others. Because if you are given a visa to remain in China legally such as L visa and you are here for at least 6 months as a resident then you should have passed the rule. My thought is since I am heading out soon to the states perhaps I will take all my stuff and try to DCF file and see what happens. My wife is going to be heading in from China also on Business she goes quite a bit of the time on B1.

What is the procedure. I know once we decide to file it could create issues for her getting B1 visa also. So I must use caution and stay legal. Do I go in with all the DCF paper work and file in US then later she gets called in by guangzhou since we have our residence in China. I have not focused on US DCF yet just beginning. My gut feeling is after catching up on my reading is if its quick enough and ok then I will file in US , DCF but if not the when I return to China early next year I will try to adjust my visa status, go 6 months on Z visa or some other one then head to Guangzhou and file . Thinking out loud. Thanks if any one wants to read all this and give opinion or ideas.

[Randy W]

DCF Processing:

Couples should also understand however that U.S. immigration laws regulate the inflow of foreign citizens for everyone's benefit and must be complied with before a visa can be issued. DCF is strictly a discretionary tool and option with some U.S. Consulates to process certain resident visa petitions. No rules mandate or require any Consulate to undertake this type of processing format. It is done either as a diplomatic courtesy for visiting U.S. citizens, or in some cases as the only available processing method for U.S. citizens who are "residents" of a foreign country, without a current viable U.S. residence.

http://www.usaimmigrationattorney.com/DCFa...Fcountries.html

 

US DCF is a contradiction in terms.

[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.

 

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.

Hi , sent you recent letter. I believe you stated in earlier post you had come in on L Visa also. Is that correct?

Thank you.

[Kyle]

You sent me the letter. Nope, I came to China on a tourist visa that got switched over to a Z visa - permanent residence after a week. I've spent the last six years on work and student visas - both situations granted me residence permits (note that there are two types of student visas - only going to school for a year will accomplish a residence permit).

 

Both xiaofeizhu and I filed in Beijing. Since Guangzhou often does things differently than their counterparts, I'd really suggest contacting them/going in during walk-in hours. I WOULD NOT go into GUZ saying "well you've done it for others", since I've read no accounts of that happening. Regardless, even if Guangzhou did allow a person to who held an L-Visa to process directly with them, doesn't mean they are going to allow it with you - because every situation is different.

 

Contact the gate-keepers:

 

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

 

The rules state the following are required:

 

U.S. citizens, who legally reside locally, can file an Immediate Relative Immigrant Petition (Form I-130) by coming to the office during public service window hours only. We do not accept applications by mail.

 

and

 

Copy of the petitioner’s valid Chinese visa (“Z” or “X”), and/or the Foreigner Residence Permit

 

Given their stated requirements, I truly hope you are successful in filing with an L visa, but you need to be prepared for the possibility that you won't be.

 

The following document was given to me. Please note, it is from the Beijing office, not Guangzhou.

 

https://docs.google.com/Doc?docid=0Adfw7vvS...uZ2Ni&hl=en

Edited October 24, 2009 by KJJ (see edit history)

[dnoblett]

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.

 

Really???

 

Okay, maybe I shouldn't be so absolute and say ALL the other consulates...but it would seem that this criteria is often overlooked as long as the petitioner has stayed in China six months. I've read quite a few stories of people on this board who have applied with an L visa. Unfortunately, I cannot drudge up all the comments that I have come across. Here is one that I was able to find...

 

The whole process took us almost 6 months from filing, but it technically took us one year since we moved to China so we could DCF and I had to live there for 6 months before they would let me file because I was on an "L" visa.

I know that US Embassy in London requires a residency stamp. Foreign residency tends to be a requirement for DCF in most countries.

[Randy W]

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.

 

Really???

 

Okay, maybe I shouldn't be so absolute and say ALL the other consulates...but it would seem that this criteria is often overlooked as long as the petitioner has stayed in China six months. I've read quite a few stories of people on this board who have applied with an L visa. Unfortunately, I cannot drudge up all the comments that I have come across. Here is one that I was able to find...

 

The whole process took us almost 6 months from filing, but it technically took us one year since we moved to China so we could DCF and I had to live there for 6 months before they would let me file because I was on an "L" visa.

I know that US Embassy in London requires a residency stamp. Foreign residency tends to be a requirement for DCF in most countries.

 

 

 

 

Meanwhile, a few other Consulates such as the one in Brazil (before 07/01/05) require only that the gentleman U.S. Citizen physically present the papers to the Embassy.

In other words, a "walk-in" DCF from an American tourist

 

http://www.usaimmigrationattorney.com/DCFa...Fcountries.html

 

There are no residency requirements at all for the petitioner in the fiance's home country to file an I-130. The question here is simply whether the consulate's USCIS office will accept the application, or whether it must be mailed to the USCIS stateside.

Edited October 24, 2009 by Randy W (see edit history)

[Kyle]

http://www.usaimmigrationattorney.com/DCFa...Fcountries.html

from the above website

 

(RELIANCE OR NON-RELIANCE ON THIS

LIST IS ENTIRELY AT YOUR OWN RISK.)

(Current to DECEMBER 2007)

 

Although the information is good, I'd be a little weary of the information on this site because it hasn't been updated since 2007. Things change. It's probably a good starting point though.

 

Best bet would be to visit the consulate website of "x" country to make sure you get the correct information.

Edited October 24, 2009 by KJJ (see edit history)

[Randy W]

http://www.usaimmigrationattorney.com/DCFa...Fcountries.html

from the above website

 

(RELIANCE OR NON-RELIANCE ON THIS

LIST IS ENTIRELY AT YOUR OWN RISK.)

(Current to DECEMBER 2007)

 

Although the information is good, I'd be a little weary of the information on this site because it hasn't been updated since 2007. Things change. It's probably a good starting point though.

 

Best bet would be to visit the consulate website of "x" country to make sure you get the correct information.

 

 

Exactly - the point is that there IS no useful information, except what the consulate's USCIS office can provide.

 

"if Consulate represents that it will process your particular case DCF, then under normal circumstances you should be able to rely on the representation. Keep in mind that circumstances and representations are subject to change with little or no advance notice, and thus any reliance is ultimately at the petitioner's risk."

Edited October 24, 2009 by Randy W (see edit history)

[xiaofeizhu]

I just want to add to the discussion that I did not work while on my L visa in China. I just studied at Beijing Foreign Studies University, and that was not even real university, it was just some language courses. Because I did not work, it was not a conflict when I went to file in Beijing. They did ask me what I was doing in China, and I told them that I was getting to know my in-laws and waiting for my husband's visa. They then asked me if I planned to stay in China until we go the visa, to which I said yes. So I basically told them (indirectly) that my only purpose of being in China was to wait with my hubby until he got a visa. Looking back, it was probably a weird thing to admit to them, but I honestly knew nothing about anything back then.

 

I would never lie to anyone that could influence your petition, but like someone said, there is no penalty for trying to file; even if you cannot file, you will find out why and see if there is anything to do to change that.