How to apply for CR1 visa? ( If i have been living in china over 1 yea

[subarinrinrin]

Hi, any help would be appreciated.

 

With the intention to leave the space for a person that needs more help than me normally if I have questions about visas application forms or a visa process, I put our tax money to work and give a call to this number (1-800-375-5283 USCIS) for any application form doubt or this one (1-202-663-1225 Travel.State ) for doubts on a visa process. But today I called and asked to a "Visa Specialist" the following:

 

Hi, I`m an american citizen I have been living in china over 9 months now and married at china to a chinese citizen.

 

1. How can apply in china for a visa CR1 for my wife?

 

The woman responded I needed to file a I-130 form <-- my face (great but looks like she forgot the fact that I have been living at china for over 9 months now and because that I would like or have to apply here at China so I ask again)

 

2. It`s there any problem if i`m staying at china with a type L (tourist) chinese visa?

 

3. Does living abroad makes a diference in the process of application?

 

To these two the woman responded "SR. I dont have an answer to that" <-- my face again All she said was i needed to go to the tavel.state.gov website for more information <-- WTF

 

Please any help would be very appreciated, we are just trying to have a vacation at USA so wife and my family members can meet in person finaly but they refuse our B2 visa petition

[Stepbrow]

Welcome to CFL, though you have been a member for a while this is your first post.

As you were told you will need to file an I-130 Petition for Alien Relative for each family member. You will need to file it with the USCIS here in the states. If you were in China on a work visa you could file the forms with the consulate near you. That is called DCF (Direct Consular Filing). But, since you are in China on a tourist visa you are not a resident.

The USCIS website is: http://www.uscis.gov/portal/site/uscis

Click on forms for the I-130 and the Instructions for same. I recommend that you get to know that site. The instructions will inform you of the address where to send your I-130.

 

As to questions #2 you living in China is not a problem as far as the I-130. That L visa is between you and the Chinese government. Just keep it current, and renewed when you need to.

 

It is not uncommon to get incorrect information when calling the numbers you listed. They try but they are not well trained.

[dnoblett]

#1) If you have been living in China and have residency permit, you can file the I-130 at the consulate, Beijing and Guangzhou have USCIS posts, the others may forward your petition to either Beijing or Guangzhou, Ultimately the interview will happen at Guangzhou.

 

Start here:

 

http://candleforlove.com/forums/index.php?showtopic=37648

http://candleforlove.com/forums/index.php?showtopic=39219

http://guangzhou.usembassy-china.org.cn/cr...nd_cr2/ir2.html

 

#2) If not resident in China as in a tourist you may have to file the I-130 to USCIS in the USA,

 

Start here:

 

http://www.visajourney.com/content/i130guide1

 

#3) Living in China as a resident can speed up the process by processing the petition in China not through USCIS USA. Though at the time of interview you may be required to show that you did not give up US Domicile.

[Guest Tony n Terrific]

If he is living in China file the DCF. He can have faster service on his visa and nearly a 100% approval.

[dnoblett]

If he is living in China file the DCF. He can have faster service on his visa and nearly a 100% approval.

Here is the catch, he has been living in China on a "L" TOURIST visa.

 

Immediate relative petitions (Form I-130) are accepted from U.S. citizens with proof of residency within this consular district and he or she should also have a valid Chinese Z, X or D Visa. Additionally, petitions are only accepted for visa categories that are current. The petitions must be filed in person by the petitioner. Please see Frequently Asked Questions for additional information.

http://guangzhou.usembassy-china.org.cn/i-...n-relative.html

[Kyle]

If he is living in China file the DCF. He can have faster service on his visa and nearly a 100% approval.

Perhaps but perhaps not. People filing from within China tend to have to overcome separate issues than those who file in the States. Typically, it's the domicile issue. For you guys Stateside the whole "real/fake" relationship comes more into play (plus the overwhelming majority of you guys are K-1 applicants - according to the timeline).

 

Also, one thing to consider is that the majority of DCF filers are people who already tied the knot.

 

So, I guess in a way they are more successful meaning that the whole legit relationship factor isn't I guess really a factor at all (considering also you have to be in China for 6 months typically before they accept your petition in China). Again, it's more about domicile.

 

In the end, I guess I've said all of this to say we all have our own issues to overcome. In the case of GUZ, I'm not sure anything is a given.

 

Oh, I just did some quick math on the timelines:

 

http://www.candleforlove.com/FAQ/Timelines/Ne...L_Timeline2.htm

 

Roughly 22-24% of DCF folks as well as stateside K-1 filers required more processing (or were denied). Again, this is a rough calculation, not an exact one. Maybe the DCF seems to have much greater success because there are much fewer applicants.

Edited March 17, 2010 by Kyle (see edit history)

[Randy W]

If he is living in China file the DCF. He can have faster service on his visa and nearly a 100% approval.

Perhaps but perhaps not. People filing from within China tend to have to overcome separate issues than those who file in the States. Typically, it's the domicile issue. For you guys Stateside the whole "real/fake" relationship comes more into play (plus the overwhelming majority of you guys are K-1 applicants - according to the timeline).

 

Also, one thing to consider is that the majority of DCF filers are people who already tied the knot.

 

So, I guess in a way they are more successful meaning that the whole legit relationship factor isn't I guess really a factor at all (considering also you have to be in China for 6 months typically before they accept your petition in China). Again, it's more about domicile.

 

In the end, I guess I've said all of this to say we all have our own issues to overcome. In the case of GUZ, I'm not sure anything is a given.

 

Oh, I just did some quick math on the timelines:

 

http://www.candleforlove.com/FAQ/Timelines/Ne...L_Timeline2.htm

 

Roughly 22-24% of DCF folks as well as stateside K-1 filers required more processing (or were denied). Again, this is a rough calculation, not an exact one. Maybe the DCF seems to have much greater success because there are much fewer applicants.

 

 

A couple of nits to pick - only the I-130 can be filed DCF (no I-129F for the K visas).

 

Also, if you have actually been (recently) LIVING with your wife for 6 months or longer, this in itself tends to RULE OUT any non-bona fide relationship concerns. It MAKES SENSE that a DCF would be MUCH more likely to succeed.

[shenzhen]

If he is living in China file the DCF. He can have faster service on his visa and nearly a 100% approval.

Here is the catch, he has been living in China on a "L" TOURIST visa.

 

Immediate relative petitions (Form I-130) are accepted from U.S. citizens with proof of residency within this consular district and he or she should also have a valid Chinese Z, X or D Visa. Additionally, petitions are only accepted for visa categories that are current. The petitions must be filed in person by the petitioner. Please see Frequently Asked Questions for additional information.

http://guangzhou.usembassy-china.org.cn/i-...n-relative.html

However Beijing has accepted the I-130 application with proof of > 6 months residence in China regardless of whether one has a residence permit or not. GUZ tends to be more of a "stickler" for rules and requires the residence permit but even then nothing seems to be 100% certain.

 

If you are in China and have prove of residence > 6 months and are married then there is no reason not to at least try to file the I-130.

 

Depending on your location in China you need to file in GUZ or in BJ (or one of the other consulate sites). You can email either one to get the specific directions/instructions for DCF filing in China.

 

Randy is also right that only a couple who is married and applying for a CR-1/IR-1 visa can DCF. You can DCF for a K-1 or K3 visa.

[Randy W]

 

You can't DCF for a K-1 or K3 visa.

 

just to clarify

Edited March 17, 2010 by Randy W (see edit history)

[shenzhen]

 

Randy is also right that only a couple who is married and applying for a CR-1/IR-1 visa can DCF. You can't DCF for a K-1 or K3 visa.

 

just to clarify

Thanks!!!!

[subarinrinrin]

Thanks a lot for your time and help, I really appreciated...

 

A little info about us

 

I meet her on internet somewhere between May or June 2008

Meet her in person from March 1,2009 to March 17,2009

Move to china to start a new live with her since May 29, 2009

We married July 10,2009

February, 2009 tried to obtain a B2 visa at Beijing but was denied

 

Reason for denial:

Not strong ties

 

My reason for trip:

So she and my family can finally meet up in person and wanted to visit my family at USA.

 

I hope DCF don`t gets denied also

 

THANKS AGAIN

[shenzhen]

Thanks a lot for your time and help, I really appreciated...

 

A little info about us

 

I meet her on internet somewhere between May or June 2008

Meet her in person from March 1,2009 to March 17,2009

Move to china to start a new live with her since May 29, 2009

We married July 10,2009

February, 2009 tried to obtain a B2 visa at Beijing but was denied

 

Reason for denial:

Not strong ties

 

My reason for trip:

So she and my family can finally meet up in person and wanted to visit my family at USA.

 

I hope DCF don`t gets denied also

 

THANKS AGAIN

Do you have a job here in China that is stable? Did you inform them that she was married to a USC and wanted to visit your family?

 

I am just curious as to the reason for the denial.

 

If it still amazing to me how easy it is for Europeans, married to a Chinese spouse but living in China, to get the equal of our B2 visa for their spouse to visit their home country yet the USA treats us like frauds, cheats, liars, etc.