Questions on filing the I-130 & G-325A forms

[clarejinjin]

I think I have all the info on the I-130 & G-325A froms but I have some questions.

BASIC INFO:

We want to immigrate to the USA ASAP. We want to take my wifes daughter with us at that time. We will be married 2 years this coming Dec. I have lived with my wife and daughter for the past 2 years and 11 months here in Xiamen.

 

I-130 form:

1. I have filled out a I-130 for my wife, do I need to fill out one for her daughter? (10 years old)

2. On the "Information about your relative" side it asked for a "Allien Registration Numder" is this the chinese ID # ? If not, what or when do they get the ARN ?

 

G-325A form:

1. Close to the bottom of the page it asked for a choice, Naturalization, Status as Permanent Resident or Other. On my wifes form I marked "Other" and wrote by hand "I-130 VISA PETITION", ALSO THE SAME FOR HER DAUGHTER. On my form I wrote "USA Citizen". Is this OK?

2.At the bottom of the page it asked for the Alien Reg. Number, I wrote "NONE on my wife and daughters forms, also mine. Is this OK?

 

When I send these forms in to GUZ, what else do you recomend sending in. Below is what I THINK is needed, PLEASE tell me what else !!

 

1. Copy of both of our marrage books (RED one) with translation.

(We will be married 2 years this December)

2. Copy of my Birth Cert.

3. Copy of her daughters Birth Cert. & translation.

4. Copy of the Title of our home in the USA. My wife is on the Title.

5. Copies of the bank statements from my bank in the USA. (Wife is on the account)

6. Copy of my divorce paper.

7.Copy of her divorce paper with translation.

 

POSSIBLE PROBLEM

Since my wife was born in 1969 she has NO BIRTH CERT.

What is the best way to prove her birth?

 

8. Do I need to go to the local Police Dept. and get copies of my residence papers and send them in?

9.Old cards and emails

 

WHAT ELSE CAN ANYBODY THINK OF THAT WILL HELP?

Thanks

Steve

 

{edit} Repair underline tags.

Edited November 2, 2009 by dnoblett (see edit history)

[Kyle]

I-130

 

1. You file one per immigrant.

 

A citizen or lawful permanent resident of the United States may file this form with the U.S. Citizenship and Immigration Services (USCIS) to establish a relationship to certain alien relatives who wish to immigrate to the United States.

 

You must files a separate form for each eligible relative.

 

http://www.uscis.gov/propub/DocView/afmid/dat/I_130.PDF

 

2. That's fine. We actually typed in the forms and put all 0's. It is NOT her Chinese national ID number. Just put 0's or "none"

 

G-325A

 

For her and daughter: "Status as Permanent Resident" . For you, yes, that's ok - "US Citizen"

 

Here's information about what you should send in:

 

http://candleforlove.com/forums/index.php?...iginal+passport

 

Birth Cert.

 

http://travel.state.gov/visa/immigrants/in...ml#certificates

 

In rare cases, a birth certificate may be unobtainable because records have been destroyed or the government will not issue one. In such cases, you should obtain a statement to that effect from the civil registrar’s office and proceed to obtain secondary evidence of birth. A baptismal certificate may be submitted for consideration provided the certificate contains the date and place of the applicant’s birth and information concerning parentage and provided the baptism took place shortly after birth. An officer may also consider a notarized statement, by a close relative, preferably the applicant’s parent, giving the place and date of the applicant’s birth, the names of both parents and the maiden name of the mother. An official authorized to administer oaths of affirmations must execute the statement. In such cases, bring all possible evidence concerning the birth.

 

http://guangzhou.usembassy-china.org.cn/up..._169-May.09.pdf

 

For your residence papers, please refer to the first link I gave you. No, you will not go to the PSB. The consulate will want to see your residence permit (in your passport)

 

http://i35.tinypic.com/2akcksw.jpg

 

Other supporting docs and everything else you will need (plus personal thoughts): Please refer to the first link I gave you - there is an exhaustive list as well as an I-130 information sheet which you can download from Google DOCS.

Edited November 3, 2009 by dnoblett (see edit history)

[dnoblett]

Note: Alien Reg Number will be assigned later when USCIS issues a green-card, it is NOT their Chinese ID number.

 

So on the forms A# File# is "NONE"

[clarejinjin]

In my passport I don't have any residence permit, never have had one in all the years I've been in China. Each time I come back to Xiamen, I go to the local police office with my wife and reregester with them. Is this OK?

[Kyle]

You don't have a residence permit? What is your visa type? Residence permits are given to people in school (longer than 6 months) or for employment purposes. It will say something like "Residence Permit for foreigner in the Peoples Republic of China" at the top.

 

It should look something like this.

 

http://i35.tinypic.com/2akcksw.jpg

 

If you do not have a residence permit (which is required - please refer to the google doc link in http://candleforlove.com/forums/index.php?...ginal+passport)

 

1. Please note the following items on Form I-130 (the following items must be completed).

 

* Part B and C Name of the beneficiary must be consistent to the one in the passport. Any other names used should appear in item 7 of Part C (Other Names Used, including maiden name)

* Item 11 of both Part B and Part C (Names of Prior husbands/wives) must be completed. If not applicable in this case, please write “none”.

* Item 18 of Part C (Address in the United States where your relative intends to live) must be completed.

* In item 20 of Part C (If your relative’s alphabet is other than Roman letters, write his or her name and foreign address in the native alphabet), please write in Chinese characters the beneficiary’s name and address, including ZIP code.

* Part D. You must answer questions 1 and 2. Do not use “N/A”

* Part E. Must be signed by the Petitioner (U.S. Citizen)

 

2. Filing fee (Currently $355.00). If you make the payment at the ACS section of a US Consulate General and mail the petition to us, please enclose a copy of the fee payment receipt.

 

3. Copy of the petitioner’s valid U.S. passport (copies of both the biographic page and current visa must be provided).

 

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

 

5. Notarial Translation of the Marriage Certificate (if married in China), or certified copy of the Marriage Certificate (if married in the U.S.), or authenticated copy of the Marriage Certificate (if married in other country/area). If the marriage certificate was issued in other country/area and is in foreign language, an official English translation must be attached.

 

6. Proof of legal termination of all previous marriages (i.e. divorce decree and/or death certificate), if applicable. The document(s) should be a). notarial translation (if issued in China); or B. certified copy (if issued in the U.S.); or c). authenticated copy with official English translation (if issued in other country/area and in a foreign language)

 

7. Please also provide a copy of the marriage certificate and a copy of all Divorce Certificates (if applicable). The original documents must be presented while filing the petition in person at the USCIS Beijing office.

 

8. Form G-325A for both the petitioner and the beneficiary (4 copies for each, must be completed and signed)

 

Regarding the item “Applicant’s employment last five years. (If none, so state) list present employment first”:

 

* Employment also includes studies. If the applicant (either the petitioner or the beneficiary) is/was a student during a certain period in the last five years, please list the name and address of the school, and specify the occupation as “student”.

 

* If the applicant is/was during a certain period in the last five years staying at home as a homemaker, please list it and specify the occupation as “homemaker”.

* The time frame for each entry on the G-325A form should be continuous.

 

9. Personal photo for the petitioner and the beneficiary (1 for each, US passport photo).

 

10. Copy of the beneficiary’s valid passport (the biographic page).

 

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

 

Note that Google Docs is blocked in China so you may need to use a VPN service or something similar to access it. For example Witopia or Firefox's Gladder.

 

http://www.witopia.net

https://addons.mozilla.org/en-US/firefox/addon/2864

 

You may be in China under a tourist visa, or some other non resident permit situation. If that's the case, you may want to take a look a Captain America's threads. I would also read the thread "Do we qualify for DCF?"

 

http://candleforlove.com/forums/index.php?...c=37648&hl=

 

Captain America's Posts:

 

http://candleforlove.com/forums/index.php?...c=39063&hl=

http://candleforlove.com/forums/index.php?...c=39095&hl=

http://candleforlove.com/forums/index.php?...c=39096&hl=

 

Note: Captain America may be a little confused about the term DCF (Direct Consulate Filing), which is an UNOFFICIAL term. It shouldn't be used when corresponding with DHS or any other government agency.

 

People, who are filing directly with the consulate (those residing in China) use the slang term DCF. You cannot file directly with the consulate if you file your I-130 petition state side. I'm only stating this because as you read through his posts, it can be a little confusing.

Edited November 3, 2009 by dnoblett (see edit history)

[clarejinjin]

You don't have a residence permit? What is your visa type? Residence permits are given to people in school (longer than 6 months) or for employment purposes. It will say something like "Residence Permit for foreigner in the Peoples Republic of China" at the top.

 

It should look something like this.

 

http://i35.tinypic.com/2akcksw.jpg

 

If you do not have a residence permit (which is required - please refer to the google doc link in http://candleforlove.com/forums/index.php?...ginal+passport)

 

1. Please note the following items on Form I-130 (the following items must be completed).

 

* Part B and C Name of the beneficiary must be consistent to the one in the passport. Any other names used should appear in item 7 of Part C (Other Names Used, including maiden name)

* Item 11 of both Part B and Part C (Names of Prior husbands/wives) must be completed. If not applicable in this case, please write “none”.

* Item 18 of Part C (Address in the United States where your relative intends to live) must be completed.

* In item 20 of Part C (If your relative’s alphabet is other than Roman letters, write his or her name and foreign address in the native alphabet), please write in Chinese characters the beneficiary’s name and address, including ZIP code.

* Part D. You must answer questions 1 and 2. Do not use “N/A”

* Part E. Must be signed by the Petitioner (U.S. Citizen)

 

2. Filing fee (Currently $355.00). If you make the payment at the ACS section of a US Consulate General and mail the petition to us, please enclose a copy of the fee payment receipt.

 

3. Copy of the petitioner’s valid U.S. passport (copies of both the biographic page and current visa must be provided).

 

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

 

5. Notarial Translation of the Marriage Certificate (if married in China), or certified copy of the Marriage Certificate (if married in the U.S.), or authenticated copy of the Marriage Certificate (if married in other country/area). If the marriage certificate was issued in other country/area and is in foreign language, an official English translation must be attached.

 

6. Proof of legal termination of all previous marriages (i.e. divorce decree and/or death certificate), if applicable. The document(s) should be a). notarial translation (if issued in China); or B. certified copy (if issued in the U.S.); or c). authenticated copy with official English translation (if issued in other country/area and in a foreign language)

 

7. Please also provide a copy of the marriage certificate and a copy of all Divorce Certificates (if applicable). The original documents must be presented while filing the petition in person at the USCIS Beijing office.

 

8. Form G-325A for both the petitioner and the beneficiary (4 copies for each, must be completed and signed)

 

Regarding the item “Applicant’s employment last five years. (If none, so state) list present employment first”:

 

* Employment also includes studies. If the applicant (either the petitioner or the beneficiary) is/was a student during a certain period in the last five years, please list the name and address of the school, and specify the occupation as “student”.

 

* If the applicant is/was during a certain period in the last five years staying at home as a homemaker, please list it and specify the occupation as “homemaker”.

* The time frame for each entry on the G-325A form should be continuous.

 

9. Personal photo for the petitioner and the beneficiary (1 for each, US passport photo).

 

10. Copy of the beneficiary’s valid passport (the biographic page).

 

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

 

Note that Google Docs is blocked in China so you may need to use a VPN service or something similar to access it. For example Witopia or Firefox's Gladder.

 

http://www.witopia.net

https://addons.mozilla.org/en-US/firefox/addon/2864

 

You may be in China under a tourist visa, or some other non resident permit situation. If that's the case, you may want to take a look a Captain America's threads. I would also read the thread "Do we qualify for DCF?"

 

http://candleforlove.com/forums/index.php?...c=37648&hl=

 

Captain America's Posts:

 

http://candleforlove.com/forums/index.php?...c=39063&hl=

http://candleforlove.com/forums/index.php?...c=39095&hl=

http://candleforlove.com/forums/index.php?...c=39096&hl=

 

Note: Captain America may be a little confused about the term DCF (Direct Consulate Filing), which is an UNOFFICIAL term. It shouldn't be used when corresponding with DHS or any other government agency.

 

People, who are filing directly with the consulate (those residing in China) use the slang term DCF. You cannot file directly with the consulate if you file your I-130 petition state side. I'm only stating this because as you read through his posts, it can be a little confusing.

In my passport is my visa, it is an "L" visa. On the top it says, "VISA OF THE PEOPLES REPUBLIC OF CHINA"

It does not say anything about a Residence Permit. It is good for 1 year, mult. entry.

Edited November 3, 2009 by dnoblett (see edit history)

[Kyle]

Then you may not be able to file your I-130 in China. Some have successfully done so after pleading their case in person, but the general requirements do state that you NEED a residence permit. Like Captain America, you need to contact the consulate or embassy (which ever jurisdiction you fall under- either Beijing or Guangzhou) directly to see if they will accept your I-130 petition based on your L (tourist - non-residence) visa. They are the only ones who can give you a solid answer.

 

Beijing: http://beijing.usembassy-china.org.cn/homeland_security.html

 

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

Edited November 3, 2009 by Kyle (see edit history)

[clarejinjin]

Then you may not be able to file your I-130 in China. Some have successfully done so after pleading their case in person, but the general requirements do state that you NEED a residence permit. Like Captain America, you need to contact the consulate or embassy (which ever jurisdiction you fall under- either Beijing or Guangzhou) directly to see if they will accept your I-130 petition based on your L (tourist - non-residence) visa. They are the only ones who can give you a solid answer.

 

Beijing: http://beijing.usembassy-china.org.cn/homeland_security.html

 

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

I'm not a student or am I working in China. I'm retired and 65 years old. I have lived in China with my wife for the past 2 yeard and 11 months. We will be married 2 years this coming Dec. Since I have lived in China more that 6 months do you think GUZ will except my "L" visa because of the 6 months thing?

[Kyle]

I can only restate what I said above:

 

Some have successfully filed directly with the consulate under a "L" visa (tourist) status. This seems to be a case-by-case basis though, not the norm. The regs state that a residence permit is required. Any opinion given here is just speculation. In the end DHS will have the final say. The only way you will know for certain is by contacting them (many go there in person) and inquiring.

 

If you've lived as a married couple for two years in China, then I feel like you could make a good case to present to Beijing or Guangzhou. However, this is just my opinion. They may form a different conclusion altogether. Ultimately, you'll still need to contact Beijing or Guangzhou, depending on which jurisdiction you're under. I wish I could give you a more helpful answer, but since they have the final say-so, that's all I can offer. Good luck!

Edited November 3, 2009 by Kyle (see edit history)

[clarejinjin]

I can only restate what I said above:

 

Some have successfully filed directly with the consulate under a "L" visa (tourist) status. This seems to be a case-by-case basis though, not the norm. The regs state that a residence permit is required. Any opinion given here is just speculation. In the end DHS will have the final say. The only way you will know for certain is by contacting them (many go there in person) and inquiring.

 

If you've lived as a married couple for two years in China, then I feel like you could make a good case to present to Beijing or Guangzhou. However, this is just my opinion. They may form a different conclusion altogether. Ultimately, you still need to contact Beijing or Guangzhou, depending on which jurisdiction your under. I wish I could give you a more helpful answer. Good luck!

Thanks, you have been a very big help!!!!

Steve

[clarejinjin]

I can only restate what I said above:

 

Some have successfully filed directly with the consulate under a "L" visa (tourist) status. This seems to be a case-by-case basis though, not the norm. The regs state that a residence permit is required. Any opinion given here is just speculation. In the end DHS will have the final say. The only way you will know for certain is by contacting them (many go there in person) and inquiring.

 

If you've lived as a married couple for two years in China, then I feel like you could make a good case to present to Beijing or Guangzhou. However, this is just my opinion. They may form a different conclusion altogether. Ultimately, you still need to contact Beijing or Guangzhou, depending on which jurisdiction your under. I wish I could give you a more helpful answer. Good luck!

Thanks, you have been a very big help!!!!

Steve

One more question. If I need to have a residence permit, how do I get it and about how long?

Steve

[Kyle]

The only two ways I know of to receive a residence permit are:

 

1. To enroll in full-time school for longer than six months.

 

2. To be approved for employment status in China.

 

In either case, the school, or your employer will give you a letter which you will present to the Public Security Bureau - Visa Branch along with your passport (in addition to any other relevant work/school papers).

 

One thing to consider:

 

In past years, you could change from non-residence status to residence status without leaving the country (mainland China). Now, you cannot do this. If you're wanting to change from tourist status to residence status, you'll have to leave the country by going through a port of entry/exit. (which you can do by either going to Hong Kong or returning to America), apply, and then re-enter mainland China.

 

For example, if I were to decide to gain employment in China after I finish my Chinese studies, I must first go to Hong Kong, apply, and then re-enter.

 

Residence Permits related to employment can change to school permanent residency, or a tourist visa, without leaving the country.

 

Basically, you can always "trade-down" by simply going to your local PSB-Visa branch, but you must leave through a port-of-entry/exit to trade-up. I hope this isn't too confusing.

 

The United States regulations for filing directly with the consulate state that you need to have had resident status for 6 months to be eligible.

 

I was irritated when this regulation changed as it is a big expense, not only with money, but also with your time.

 

If I were in your shoes, I would first try to plead your case (in person) to Guangzhou or Beijing. Of course, you can inquire via phone or email, but personally, I feel you can make a more convincing case if it is done in person. Again, that's just my opinion. Hopefully they'll let you file with your L visa.

Edited November 3, 2009 by Kyle (see edit history)