DCF for my non-chinese non-resident wife OK?

[xiaofeizhu]

As it has been pointed out, my husband and I married in Japan while we were both there for schooling. At that time, Japan (and if I am not mistaken, all consulates/embassies) had temporarily stopped DCFs due to I believe the Adam Walsh Act (it went into effect the month we were married). Since we did not know at the time how long it would be in effect, we decided to move to China to file.

 

Anyway, that's a different story, but we were told that even if the conditions of the act were removed, we would not be able to file in Japan because they did not allow DCF for third party countries. Plus, they said we could not file on student visas. I think this has recently changed, though.

 

I am not sure if GUZ operates the same way. I think that both parties need to be residing in the country of DCF. I think it is also easier to file if at least one person is a citizen of the country of DCF. Like others have said, I would probably just file stateside and have her interview in Japan. You can easily go there since Japan has the visa waiver program.

 

On a side note, we did have a difficult time obtaining the police certificate, but I think it will be ok for your wife since she is a Japanese citizen. Plus, it is much easier to obtain if you are in the country already.

[xiaofeizhu]

PS. I overlooked another important detail for DCF in China. You said you went to Japan to marry your wife last month. When DHS reviews your petition, they will look to see if you have been in China for at least 6 months continuously. This means that you have only been in China for one month, in their eyes.

 

They were very strict about this for me when they looked at my passport, they scrutinized it to make sure that I had actually been on Chinese soil for more than 6 months. (I think this is different for people on work or other visas, but I was on an "L" visa).

 

You may want to make an appointment at your DCF filing place to inquire. That would be the fastest/surest way to find out.

 

Let me know if you have any questions regarding Japanese paperwork. I will be glad to help you if I can!

[dnoblett]

BUT - DCF is filed in the country of residence of the petitioner. So, unless it is ALSO a requirement (possibly imposed by GUZ) that the beneficiary resides in the same country, he just may be able to do it.

 

The USCIS folks at GUZ would need to forward the petition to Japan - remember that he would ONLY be dealing with USCIS (not DOS) at GUZ.

 

But I'm thinking that the confusion factor may get in the way to eliminate any benefit from doing this.

 

I agree with Randy. I think he can do it but I would just file stateside and use the electronic processing. Who knows how long it would take to get from USCIS in GUZ to Japan.

 

I don't think Tokyo is on the electronic process with NVC yet, however NVC to Tokyo shipping does not have the customs delay like China. http://travel.state.gov/visa/visa_4411.html (Only Three Consulates are doing this China, Canada, Turkmenistan)

[dnoblett]

PS. I overlooked another important detail for DCF in China. You said you went to Japan to marry your wife last month. When DHS reviews your petition, they will look to see if you have been in China for at least 6 months continuously. This means that you have only been in China for one month, in their eyes.

 

They were very strict about this for me when they looked at my passport, they scrutinized it to make sure that I had actually been on Chinese soil for more than 6 months. (I think this is different for people on work or other visas, but I was on an "L" visa).

 

You may want to make an appointment at your DCF filing place to inquire. That would be the fastest/surest way to find out.

 

Let me know if you have any questions regarding Japanese paperwork. I will be glad to help you if I can!

 

I think thy slow a trip to other places perhaps home for a few weeks, they are looking for a TOTAL of 6 months or more in China. Can make a trip to Japan, as long as total residency time in China exceeds 6 months before filing the I-130.

[Sam and Fen]

I'm not sure if DCF is the same, but I think for IR/CR, the visa must be issued in the country where the marraige took place. Once the domicile and financials are worked out, she will probably interview in Japan.

 

That is correct, interview takes place in country of citizenship (Japan)

 

 

HK2LA is correct. The visa (interview) has to be issued in the country of Marriage which might not be the same as country of citizenship.

[shenzhen]

BUT - DCF is filed in the country of residence of the petitioner. So, unless it is ALSO a requirement (possibly imposed by GUZ) that the beneficiary resides in the same country, he just may be able to do it.

 

The USCIS folks at GUZ would need to forward the petition to Japan - remember that he would ONLY be dealing with USCIS (not DOS) at GUZ.

 

But I'm thinking that the confusion factor may get in the way to eliminate any benefit from doing this.

 

I agree with Randy. I think he can do it but I would just file stateside and use the electronic processing. Who knows how long it would take to get from USCIS in GUZ to Japan.

 

I don't think Tokyo is on the electronic process with NVC yet, however NVC to Tokyo shipping does not have the customs delay like China. http://travel.state.gov/visa/visa_4411.html (Only Three Consulates are doing this China, Canada, Turkmenistan)

 

Yea my mistake. I still think it is better to file stateside and let it play its way through to Japan unless he can ask GUZ and get a clear/specific answer.

[warpedbored]

HK2LA is correct. The visa (interview) has to be issued in the country of Marriage which might not be the same as country of citizenship.

 

This is not quite correct. We have had at least 2 couples who married in countries other than China DCF in GZ. They were however both living in China when they filed.

[Stepbrow]

I just had a couple of odd ball thoughts. Did you know that Japan is a participant of the VWP (Visa Waiver Program)? Yup, that means that she doesn't even really have to have a visa to visit the U.S. She would need to complete and ESTA (Electronic System for Travel Authorization) application. http://cbp.gov/xp/cgov/travel/id_visa/esta/ If they authorize her, all she has to do is to get a plane ticket. You could file an I-130 and an I-864 when she is in the states. Randy, correct me if I didn't get the forms right.

 

Frequently Asked Questions about the ESTA : http://cbp.gov/linkhandler/cgov/travel/id_...tt/esta_faq.pdf

[dnoblett]

I just had a couple of odd ball thoughts. Did you know that Japan is a participant of the VWP (Visa Waiver Program)? Yup, that means that she doesn't even really have to have a visa to visit the U.S. She would need to complete and ESTA (Electronic System for Travel Authorization) application. http://cbp.gov/xp/cgov/travel/id_visa/esta/ If they authorize her, all she has to do is to get a plane ticket. You could file an I-130 and an I-864 when she is in the states. Randy, correct me if I didn't get the forms right.

 

Frequently Asked Questions about the ESTA : http://cbp.gov/linkhandler/cgov/travel/id_...tt/esta_faq.pdf

 

That is a NO-NO Willfully using a visitors visa or the VWP with the intent to immigrate is visa fraud. Marriage to a US Citizen shows clear intent.

 

If this were allowed there would be no need for spousal visas and no need for the IV unit in Japan.

 

DO NOT DO THIS, or Suggest immigrations fraud.

 

Note that would be I-130, I-485, I-864... To adjust from a NON-Immigrant visa other than K-1. (Typically this os acceptable from a work visa or student visa, because the person adjusting was in the USA for a reason that had no INTENT)

 

Again, if visa fraud is suspected the resulting AOS interview can result ins an outright denial, and deportation proceedings.

[wall66]

Thansk for all the responses everyone.

 

I have tried asking cis-guangzhou.inquiries@dhs.gov

and GuangzhouACS@state.gov to no avail.

I also called a free service in GUZ at 2085187651 but it said they don't do immigration visa questions at that #, and 2085187605 was also not helfpul.

 

Does anyone have an e-mail address or phone number of someone at GUZ who can answer this question for me?

 

Thanks a lot.

[Randy W]

Thansk for all the responses everyone.

 

I have tried asking cis-guangzhou.inquiries@dhs.gov

and GuangzhouACS@state.gov to no avail.

I also called a free service in GUZ at 2085187651 but it said they don't do immigration visa questions at that #, and 2085187605 was also not helfpul.

 

Does anyone have an e-mail address or phone number of someone at GUZ who can answer this question for me?

 

Thanks a lot.

 

 

 

Read this if you haven't already

 

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

 

It seems to imply that the petition would be forwarded to the IV Unit at Guangzhou (if I'm not reading that into it), and that you would contact your local PSB about your wife's birth information.

 

You're already running into stumbling blocks. Do you still think it's the way to go?

 

Contact Information

 

(We do not discuss specific cases on the phone. For specific case information, send a fax or e-mail.)

 

Phone number: 8518-7651

 

Fax number: 3884-4416

 

E-mail address: CIS-Guangzhou.Inquiries@dhs.gov

 

Mailing Address:

No. 1 South Shamian Street, Guangzhou, China 510133

 

Office Location:

5th floor, 2nd annex of Tianyu Garden, 136-142, Linhe Zhong Rd., Guangzhou, P. R. China 510133

 

 

The USCIS window is on the left side of the visa interview room, if you can go there in person. Be sure to have your application ready in case they will accept it.

[ciao]

Is there some point in the process (whether DCF or via US) where

you can request which consulate handles your case ?

 

If not, I see several theories about how the consulate is decided:

(1) The country where the marriage occured (probably incorrect)

(2) The country of the beneficiary's citizenship

(3) The country of the beneficiary's residence

 

In my case, my wife is a Japanese citizen (I am American),

and we were married in Japan, but we have been living in Shanghai

for the past two years.

 

I expect that dealing with the Tokyo consulate would be much

easier than dealing with Guangzhou, but I don't know how to

make that happen. I know I could move to Japan for 6 months

and then DCF in Tokyo, but that's not very practical.

Any other ideas ?

 

thanks

 

ciao

[wall66]

I hired Roger to help me with this process.

So far he has been very efficient.

 

I contacted the guangzhou consulate directly and they told me that I can request a different consulate, DCF through guangzhou, but they will forward it to Tokyo. They cited question 22 on the I-130. So I am planning to turn in my I-130 in person in guangzhou on thursday, and hoping they will forward it to Tokyo.

 

 

 

22 is a two-part question. The first part doesn't apply to you, but the second part does:

 

If your relative is not eligible for adjustment of status [i.e. they are not in the United States], he or she will apply for a visa abroad at the American consular post in: ___City___, ___Country___

 

Note: Designation of a U.S. embassy or consulate outside the country of your relative's last residence does not guarantee acceptance for processing by that post. Acceptance is at the discretion of the designated embassy or consulate.

 

Is there some point in the process (whether DCF or via US) where

you can request which consulate handles your case ?

 

If not, I see several theories about how the consulate is decided:

(1) The country where the marriage occured (probably incorrect)

(2) The country of the beneficiary's citizenship

(3) The country of the beneficiary's residence

 

In my case, my wife is a Japanese citizen (I am American),

and we were married in Japan, but we have been living in Shanghai

for the past two years.

 

I expect that dealing with the Tokyo consulate would be much

easier than dealing with Guangzhou, but I don't know how to

make that happen. I know I could move to Japan for 6 months

and then DCF in Tokyo, but that's not very practical.

Any other ideas ?

 

thanks

 

ciao

 

[ciao]

Thanks for the reply, wall66. Speedy and informative.

 

> I hired Roger to help me with this process.

> So far he has been very efficient.

 

Sorry, I'm new here. Who is Roger ?

 

> I contacted the guangzhou consulate directly ...

 

How did you do that ? Phone, e-mail, or in person ?

Seems that others have had trouble getting info from Guangzhou,

so some good contact info would be very valuable.

 

> I am planning to turn in my I-130 in person in guangzhou on

> thursday, and hoping they will forward it to Tokyo.

 

Seems like you're a pioneer Please let us know how it goes.

 

Thanks for the info about question 22.

I guess I should have read the I-130 before asking. Apologies.

 

Why did you decide to submit via DCF in Guangzhou, rather

than via the US ?

[wall66]

Roger's website http://www.visaschina.com/index.htm

 

I tried several different phone numbers and e-mail addresses to get ahold of guangzhou and the one that worked was:

 

cis-guangzhou.inquiries@dhs.gov

 

As far as i can tell DCF for my special case is still faster than stateside. Furthermore, I think the best thing to do was just to start the process as soon as possible one way or another, so I just went for DCF. It seems highly likely that my case will successfuly be forwarded to Tokyo, where my wife is, which will make everything much more convenient.

 

Please feel free to ask any more questions, and I will surely post an update after I go to lodge my I-130 in Guangzhou this Thursday.

 

 

Thanks for the reply, wall66. Speedy and informative.

 

> I hired Roger to help me with this process.

> So far he has been very efficient.

 

Sorry, I'm new here. Who is Roger ?

 

> I contacted the guangzhou consulate directly ...

 

How did you do that ? Phone, e-mail, or in person ?

Seems that others have had trouble getting info from Guangzhou,

so some good contact info would be very valuable.

 

> I am planning to turn in my I-130 in person in guangzhou on

> thursday, and hoping they will forward it to Tokyo.

 

Seems like you're a pioneer Please let us know how it goes.

 

Thanks for the info about question 22.

I guess I should have read the I-130 before asking. Apologies.

 

Why did you decide to submit via DCF in Guangzhou, rather

than via the US ?