captain america Posted October 23, 2009 Report Share Posted October 23, 2009 Hi friends,We are heading out to states on business. She travels on B1. We go soon. What happens if I file DCF in states before we return to China. The flow chart goes which way. Paper work trail, US to China, Interview in China then back to US with green card if all goes well?We have lived in China over 3 years. Married over 3 years. Travel quite a bit to States on Business , never applied for Change of Status. Green card.How long would DCF take in States normally compared to China.Conflict of two visas going at same time. So I need to think about that also.I would have filed in China in BJ or Guangzhou and perhaps will still file in China after we get home. However my L visa does not allow for filing DCF or some what depends on luck of the draw some have filed this way after the 6 month time limit. What complications and time differences could i expect China DCF vs US DCF?Thanks for the help or suggestions, My previous post was given great attention and help. Link to comment
Randy W Posted October 23, 2009 Report Share Posted October 23, 2009 You file an I-130 for a CR-1 visa. There is no consulate - the paperwork will be handled by the USCIS. Start here, looking at the CR-1 filers. http://www.candleforlove.com/FAQ/Timelines/Ne...Index_New2.html Link to comment
captain america Posted October 23, 2009 Author Report Share Posted October 23, 2009 So, I apply for i-130 in states and then if I become sponsor for wife , then I can file DCF is that correct . Link to comment
dnoblett Posted October 23, 2009 Report Share Posted October 23, 2009 Two options, Come to the USA and file I-130 while visiting, your wife would then need to return to home country before her allowed stay expires. Come to USA and file I-130 and I-485 to adjust status, the danger with this option is there is clear intent to immigrate using a visitor's visa which may or may not be an issue depending on the interviewing officer at USCIS. The first option is the safer option. Link to comment
dnoblett Posted October 23, 2009 Report Share Posted October 23, 2009 So, I apply for i-130 in states and then if I become sponsor for wife , then I can file DCF is that correct .DCF is NOT in this picture, you are filing an I-130 for a visa, and it goes through the normal USCIS -> NVC -> Consulate route, wife then interviews at the consulate. DCF = FILING I-130 at the US Consulate. DCF is NOT filing to USCIS in the USA. Link to comment
Randy W Posted October 23, 2009 Report Share Posted October 23, 2009 FORGET the term DCF, unless you are filing at the embassy in Beijing or the consulate in Guangzhou. It stands for Direct Consular Filing - it is NOT a term recognized by the USCIS. If you file in the US, you file with the USCIS at the address indicated by the I-130, and NOT with any consulate overseas. Link to comment
david_dawei Posted October 24, 2009 Report Share Posted October 24, 2009 I think technically one is always filing with USCIS; it's just that when you file directly to the consulate, your petition goes to the USCIS branch overseas. If you filing in this latter way, we use the street term "DCF"... I agree with Randy, drop the term, it seems to confuse most of the posts going on now concerning this issue. Link to comment
Recommended Posts
Please sign in to comment
You will be able to leave a comment after signing in
Sign In Now