I sent my I-130 by DCF in Beijing

[Dante3rd]

Well I finally finished and turned in my I-130 application. I used DCF at the Beijing embassy. I've been living in China for three years, and I've had a residence permit since November, 2009. So I quailed for DCF.

 

I know that everyone's situation is different so I will give tell a little about me and my wife's background. Me and my wife met online while I was in college. I was planning a trip with my classmates to come to China to study for the Summer. I met my wife after I finished the summer program, and we have been living together ever since that first day August, 2008. We didn't get married until a year later (August 2009). I've been living in China since May of 2008.

 

I met a man who was a retired embassy worker for the Australian embassy. He has a side business of helping people fill out and get their visa. We met him around February 2010. He told us that it would be better that my wife travel to the US before I file her immigration visa. He said if my wife traveled to the US and returned without violating her visa, then she would have established a clean record at the Beijing embassy. I don't know how much of this was based in fact since so much rides on the whims of government employees.

 

I filed an application in July of 2010 and had an interview scheduled for my wife on September 18th of that year. We had to collect a lot of paperwork including invitation letters, bank account records showing my wife had at least $10,000 USD in her account (we borrowed from her parents and mine and then gave it right back after we where done), evidence of relationship and photos. She went up to the window for her interview and less then ten seconds rejected her request for a visa!

 

The Beijing embassy has a special time for American citizens to inquire about Visa cases. You can find the time's on there website. I went to the embassy and asked what happened. I asked, "Does the embassy not want my wife to travel? Do i have to file an immigration now?" The embassy worker looked surprised, and asked how long we had been married, and I said over a year and a half. She looked at my wife's case and asked me if my wife had a job now. I said now she does. You see my wife was between jobs when she had her first interview. Apparently the only reason she was rejected was because she did not have a job. We had set up another appointment for November 18, 2010. She got her visa that time, and we planned our trip to my home town in North Carolina.

 

We and my wife went to America February 2011 and returned after a few weeks. I called the embassy when we got back to make an appointment to file my wife's I-30. Now one picked up the phone for two days! I left a message each day. I also wrote a email to the appropriate office. I got an email back the next day. The embassy told me the times I could make an appointment, and I asked for as soon as possible.

 

So now if the day I turn in the application. Me and my wife have been dreading this days for years. We have heard so many horror stories, and huge wait times. I have been reading the forum for three years planning for this day. I tried everything I could do to get what the government wants from us. I pray that everything goes well with my application, and I can return home to the US soon with my wife.

 

These are things I included with my application.

 

* One copy of my US passport

* Four copies Form G325A for myself

* One ADIT photograph of myself

* Four copies Form G325A for my wife

* One ADIT photograph of my wife

* One copy of original certified copy of our marriage certificate

* One copy of original certified copy of the official translation of our marriage certificate

* two copies of notarized translations of last two apartment contacts showing joint residence for the last two years

* Three copies of Sworn affidavits from my mother, father and sister testify to our marriage and relationship

* Photographs of me and my wife together with family and friend over the last three years (about 89 pictures)

*One copy of my Evolution of Relationship letter detailing our ongoing relationship together

* One copy Copies of Airline tickets when we both traveled to my home in the US

* Copies Greeting Cards and accompanying envelopes from my family congratulating us on our marriage.

* Copies of my bank accounts over the last three years showing my banking activity in China

* Copy of a newspaper from my home town announcing our marriage.

[Randy W]

Well I finally finished and turned in my I-130 application. I used DCF at the Beijing embassy. I've been living in China for three years, and I've had a residence permit since November, 2009. So I quailed for DCF.

 

I know that everyone's situation is different so I will give tell a little about me and my wife's background. Me and my wife met online while I was in college. I was planning a trip with my classmates to come to China to study for the Summer. I met my wife after I finished the summer program, and we have been living together ever since that first day August, 2008. We didn't get married until a year later (August 2009). I've been living in China since May of 2008.

 

I met a man who was a retired embassy worker for the Australian embassy. He has a side business of helping people fill out and get their visa. We met him around February 2010. He told us that it would be better that my wife travel to the US before I file her immigration visa. He said if my wife traveled to the US and returned without violating her visa, then she would have established a clean record at the Beijing embassy. I don't know how much of this was based in fact since so much rides on the whims of government employees.

 

I filed an application in July of 2010 and had an interview scheduled for my wife on September 18th of that year. We had to collect a lot of paperwork including invitation letters, bank account records showing my wife had at least $10,000 USD in her account (we borrowed from her parents and mine and then gave it right back after we where done), evidence of relationship and photos. She went up to the window for her interview and less then ten seconds rejected her request for a visa!

 

The Beijing embassy has a special time for American citizens to inquire about Visa cases. You can find the time's on there website. I went to the embassy and asked what happened. I asked, "Does the embassy not want my wife to travel? Do i have to file an immigration now?" The embassy worker looked surprised, and asked how long we had been married, and I said over a year and a half. She looked at my wife's case and asked me if my wife had a job now. I said now she does. You see my wife was between jobs when she had her first interview. Apparently the only reason she was rejected was because she did not have a job. We had set up another appointment for November 18, 2010. She got her visa that time, and we planned our trip to my home town in North Carolina.

 

We and my wife went to America February 2011 and returned after a few weeks. I called the embassy when we got back to make an appointment to file my wife's I-30. Now one picked up the phone for two days! I left a message each day. I also wrote a email to the appropriate office. I got an email back the next day. The embassy told me the times I could make an appointment, and I asked for as soon as possible.

 

So now if the day I turn in the application. Me and my wife have been dreading this days for years. We have heard so many horror stories, and huge wait times. I have been reading the forum for three years planning for this day. I tried everything I could do to get what the government wants from us. I pray that everything goes well with my application, and I can return home to the US soon with my wife.

 

These are things I included with my application.

 

 

. . .

 

 

 

 

Sounds like you've already inflicted much more anxiety on yourself than the process would normally generate. Sit back. Relax. Wait for your visa.

 

Immigrant visas are in an entirely different class than the visitor's visa your wife got, but I would interpret the fact that she was able to get one as an EXCELLENT indication of things to come.

[dnoblett]

For the most part it is very rare for DCF to result is a denial due to the "Non-Bonafide" excuse, something else more serious needs to cause a denial.

 

Now at this point you need to work on evidence you did not give up US domicile or have re-established it.

 

This post from earlier will give you some ideas about domicile.

 

http://candleforlove.com/forums/index.php?showtopic=42725&view=findpost&p=568443 (Pay attention to what he attached to their I-134 (In your case I-864), and Folder 3 (1, and 2))

 

More:

http://candleforlove.com/forums/index.php?showtopic=42314&st=0&p=562366

[Dante3rd]

For the most part it is very rare for DCF to result is a denial due to the "Non-Bonafide" excuse, something else more serious needs to cause a denial.

 

Now at this point you need to work on evidence you did not give up US domicile or have re-established it.

 

This post from earlier will give you some ideas about domicile.

 

http://candleforlove.com/forums/index.php?showtopic=42725&view=findpost&p=568443 (Pay attention to what he attached to their I-134 (In your case I-864), and Folder 3 (1, and 2))

 

More:

http://candleforlove.com/forums/index.php?showtopic=42314&st=0&p=562366

 

 

I was going to have my folks co-sponsor since I don't met the requirements for domicile or income. Been having my mom collect and file her and my taxes and records.

[dnoblett]

I was going to have my folks co-sponsor since I don't met the requirements for domicile or income. Been having my mom collect and file her and my taxes and records.

 

You WILL need to meet the domicile requirement, using a joint sponsor only shows support.

 

US citizen petitioner must be primary sponsor and must provide an I-864, I-864 requires proof of US domicile. No domicile, no I-864, no I-864 then no visa.

 

The Domicile issue is a common one for DCF filers, and needs to be addressed prior to the visa interview.

 

 

Domicile

Domicile is a complex concept and must be evaluated on a case by case basis. To qualify as a sponsor, a petitioner residing abroad must have a principal residence in the U.S. and intend to maintain it indefinitely. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

 

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

 

 

• He/she left the United States for a limited and not indefinite period of time,
• He/she intended to maintain a domicile in the United States, and
• He/she has evidence of continued ties to the United States.

 

How can a petitioner establish a domicile?

 

When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence

 

 

• Find employment in the United States
• Secure a residence in the United States
• Register children in U.S. schools
• Relinquish residence abroad
• Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

 

 

 

 

 

http://travel.state....nfo_3183.html#3

 

Both primary sponsor and joint sponsor need to provide domicile evidence

 

Also if you failed to file IRS returns over the past years, you should late file them, they two are a requirement of the I-864. US citizens may be exempt from paying tax on foreign income however are not exempt from filing a return each year.

 

I-864 instructions:

The instructions say:

If you were required to file a federal tax return during any of the previous three tax years but did not do so, you must file any and all late returns with the IRS and attach an IRS generated tax return transcript documenting your late filing before submitting the I-864 affidavit of support.

 

Can get prior returns here:

 

http://www.irs.gov/a...bmitSearch=Find

 

Transcripts:

 

http://www.irs.gov/t....html?portlet=1

[Dante3rd]

I'm a student, and prior to leaving for China I was living at my parents house while I completed my studies. I'm planning on going back to school when I return.

 

My wife wants to continue her studies as well, so we were going to be staying at my folks home, which is big enough for everyone.

 

How do I establish that my folks home will be my place of residence? Is this unacceptable for the embassy as proof?

[Kyle]

I'm a student, and prior to leaving for China I was living at my parents house while I completed my studies. I'm planning on going back to school when I return.

 

My wife wants to continue her studies as well, so we were going to be staying at my folks home, which is big enough for everyone.

 

How do I establish that my folks home will be my place of residence? Is this unacceptable for the embassy as proof?

 

 

Do you have mail currently being sent to your parents' address? For example credit card statements. My Capital One credit card has PDF versions of their statements which can be downloaded. No, it's not a big deal having your parents' home as your address. VO's don't except you to have a home waiting for you if you've been living abroad for multiple years - such was the case for JIngjing and I.

 

When I talked w/ the VO he told me the following:

 

The VO gave me a copy of the the domicile criteria they use:

 

http://www.state.gov/documents/organization/86988.pdf

 

basically it lists these things (I'm sure it's not conclusive, but he may of been specifically speaking from a DCF viewpoint:

 

1. Opening a bank account

2. Transferring funds to the US

3. Making investments in the US

4. Seeking employment in the US

5. Registering children in US schools

6. Applying for a social security number; and

7. Voting in local, state, or federal elections.

 

I also asked him about organizing the "kitchen sink" (no I didn't call it that). He said what VO's often do is suspect what you don't have and then ask for that. I assumed that, but thought it was interesting that he offered that tidbit of info.

 

http://candleforlove.com/forums/index.php?showtopic=39544&view=findpost&p=526766

 

What did I use for domicile?

 

8 ¨C Vanguard Retirement Account ¨C Wife primary beneficiary

8 ¨C Statement of Checking Acct ¨C One per year 2007-09 Wife joint-owner

8 ¨C Sharebuilder Investment Acct

8 ¨C Capital One credit card statement ¨C One month

 

3 ¨C My Resume (which is posted on Monster.com)

3 ¨C Three Letters from potential employers (for me) requesting interview

3 ¨C Pictures of our apartment where we¡¯re staying in America

 

 

http://candleforlove.com/forums/index.php?showtopic=39544&view=findpost&p=536147

 

There might be some other items listed (link above) that you could use as well.

 

The Monster.com account was a good move. I had three letters from potential employers requesting interviews. Now, I'll be honest, none of those opportunities panned out. To be honest, I never followed-up b/c I wasn't really all that interested in them. Doesn't matter. Get on Monster.com and for lack of a better expression - go through the motions. Take a few "leads" w/ you to GUZ (email correspondence). The fact that you're looking shows intent to reestablish domicile. Who knows, you might actually find a winner. At the time of my interview, I did NOT have a job waiting for me. You can PM me again if you need more help

[dnoblett]

I'm a student, and prior to leaving for China I was living at my parents house while I completed my studies. I'm planning on going back to school when I return.

 

My wife wants to continue her studies as well, so we were going to be staying at my folks home, which is big enough for everyone.

 

How do I establish that my folks home will be my place of residence? Is this unacceptable for the embassy as proof?

 

Refer my post #3 above, I link others in same situation.

 

Kyle had same situation: http://candleforlove.com/forums/index.php?showtopic=42314&view=findpost&p=562384

[Dante3rd]

Thanks everyone this really help. I'll be better prepared, and i know what I need now.

 

hope its enough, but I think you guys are right. This process shouldn't be too stressful, just boring and annoying.

[Dante3rd]

#

I wanted to end this post by telling everyone that my wife's I-130 was approved today. So it took less then a month to get approval. The only way I found out was I contact the Beijing embassy my email asking for an update on the I-130's status. They emailed me a few hours later, and told me that it was approved and being sent to the Guangzhou embassy.

 

Now I'm off to the next step: Package 3

[Kyle]

Congrats. That first letter never makes it to the USC in China. We resorted to emailing Beijing as well. Chinese snail mail is largely unreliable. Just to test the system, my wife and I sent post cards to her parent's home (unregistered) which is in a nearby suburb. They never showed up. From here on out Guangzhou/you will use EMS which is traceable.

[Beachey]

#

I wanted to end this post by telling everyone that my wife's I-130 was approved today. So it took less then a month to get approval. The only way I found out was I contact the Beijing embassy my email asking for an update on the I-130's status. They emailed me a few hours later, and told me that it was approved and being sent to the Guangzhou embassy.

 

Now I'm off to the next step: Package 3

 

 

 

Congratulations, we filed the beginning of February, it looks like typically processing times are 40-50 days. I contacted them last week and am planning to contact them next. I am hopeful that I will be getting similar news.

 

Can anyone give me an estimated time frame from when the file goes to Guangzhou until you have the interview or at least will be contacted for the additional paperwork? Can you do the medical ahead of time or do you need certain paperwork to get it completed?

[Dante3rd]

#

I wanted to end this post by telling everyone that my wife's I-130 was approved today. So it took less then a month to get approval. The only way I found out was I contact the Beijing embassy my email asking for an update on the I-130's status. They emailed me a few hours later, and told me that it was approved and being sent to the Guangzhou embassy.

 

Now I'm off to the next step: Package 3

 

 

 

Congratulations, we filed the beginning of February, it looks like typically processing times are 40-50 days. I contacted them last week and am planning to contact them next. I am hopeful that I will be getting similar news.

 

Can anyone give me an estimated time frame from when the file goes to Guangzhou until you have the interview or at least will be contacted for the additional paperwork? Can you do the medical ahead of time or do you need certain paperwork to get it completed?

 

 

You can take a look at the timelines for other couples who used DCF in China here.

 

http://www.visajourney.com/timeline/k1list.php?op6=All&op7=China&dfile=Yes&op1=&op2=&op3=5&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28

 

Yes, it takes about a month to get approval, and then another month to get your package 3 from Guangzhou. Most of the people I've seen doing DCF in Beijing report waiting 10 to 37 days for approval. I think it depends on what you included with the application, and how strong your evidence was. If a person has any red flags in the paperwork that could slow things down as well since the embassy would have to check into it.

 

I asked the VO how long it would take since I was going to move out of my current apartment in August, and he said not to worry. I would get the package it two months without any trouble.

 

From what I've seen from others going through the same thing it takes about two months to get approval for the I-130 and to receive your package 3 from Guangzhou. After you send package 3 back to Guangzhou it takes another month to get package 4. Usually the interview date is one month after you receive the letter.

 

You need your case number from Guangzhou before you do your medical.

 

The average wait from when you submit your I-130 to the day you have your interview is between 140 to 170 days or 4 to 6 months. Unfortunately any RFE or other red flags could add more time to the wait.

[Beachey]

Rather than start a seperate topic, I just thought I would let you all know that i got an email confirmation back form Beijing that our I-130 had been approved and forwarded to Guangzhou.

 

I am actually impressed with Beijing's response to emails, in both case I got a response back within 24 hours.

 

If things work out Dante, I will buy you a beer when we are both in GUZ for the interview.

[Dante3rd]

What to update everyone that I received Package 3 from the Guangzhou embassy today. It was sent by EMS directly to my home. The address the embassy sued was the one that my wife wrote on the second page of the I-130 application that asked from the applicant's current home address written in Chinese.

 

It took 41 days to receive the P3 since the day I filed the I-130 on February 22, 2011 at the Beijing embassy.

 

Does anyone know if I have to pay a fee for the P3 or is that when we have the interview? I'm a little confused about the what I pay for an when I pay for it.