LIVING IN CHINA WHILE PETITION IS PENDING

[Reddragon75]

Hey all,

 

As many of you know, we are having a lot of trouble in our case. We have been waiting for 3 years just to get a petition approved and we are sick and tired of waiting around for USCIS to make a decision. It has already been almost 2 years since we filed the petition for a spouse visa, and we are sick and tired of waiting to be together.

 

After much discussion and a lot of deep thinking, we decided that I will go to China to be with her while our petition is pending. I am fairly confident that I can get a job lined up before I go, but we have some concerns about how me living there will affect our chances of her getting a visa WHEN she finally gets an interview, which could take a long, long time.

 

WHEN (not if) the petition is approved and she gets an interview, we are concerned about the fact that I will not have employment in the states, and obviously that can cause a problem when it comes to the financial support issue at the interview. I have already read enough posts from members who have had their visas denied for the most trivial of reasons, and after waiting so long to finally get an interview, I don't want her visa to be denied because of this.

 

The residence issue would not be a problem because I will be able to give my dad's address to prove domicile, live with him for awhile if necessary when arriving in the states, and I would have all my mail forwarded to his address while I am in China. Also, I will have 2 co-sponsors who have very good incomes (my mom and dad or stepdad).

 

We have already decided that since I was advised by USCIS that it could take another 6 months or more for them to make a decision for our petition, we can't take being apart from each other any longer and I AM going there to be with her.

 

Again, this is not for a DCF. It is me living in China while our petition is pending. I was wondering if anyone could give me any advice or direct me to someone who lived in China while their non-DCF petition was pending so I can ask them how they handled the situation.

 

Thanks

[david_dawei]

Does that mean you quit your job and cannot go back to it? Can they give you an absence of leave to come back?

 

If you can get sufficient sponsor for the financial side, then it should not be an issue.

 

Why did USCIS say 6 months if it is with GUZ? Is it in admin review ?

[dnoblett]

Does that mean you quit your job and cannot go back to it? Can they give you an absence of leave to come back?

 

If you can get sufficient sponsor for the financial side, then it should not be an issue.

 

Why did USCIS say 6 months if it is with GUZ? Is it in admin review ?

David their case never left USCIS, has been stuck there due to petitioner background issues.

 

Moving and living in China wont hurt the case, in fact if and when it gets to Guangzhou for an interview, this will help remove any questions as to bonafide relationship commitment.

 

And yes, the concern at the time of interview will be how will support immigrant after arriving in the USA.

[david_dawei]

Yep... I should of looked at the signature.

 

I agree with going to china and not waiting on our government...

[2mike&jin]

We have already decided that since I was advised by USCIS that it could take another 6 months or more for them to make a decision for our petition, we can't take being apart from each other any longer and I AM going there to be with her.

 

Again, this is not for a DCF. It is me living in China while our petition is pending. I was wondering if anyone could give me any advice or direct me to someone who lived in China while their non-DCF petition was pending so I can ask them how they handled the situation.

 

 

 

Not sure what you mean by advice while you were awaiting a positive decision on the petition. As far as living in CHina - to me it's no different, technically from living in the US. The issue is either you are willing to take the jobs that are available to you or you have sufficient resources to not need to work. I was lucky in that I didn't need a job - but many of my friends in China worked, some with legal visa supporting jobs and many with local - English Teaching Schools - either way, you can earn enough to pay the rent and get by. They will not pay enough to live like a westerner, if you are in a city of any size.

 

If you have specific questions about living and getting by in China - there are a ton of us who have lived there and, depending on the region, can give you most of the information you need. There are really no secrets to living there....it's like living any other place in the world. If you have specific questions or concerns please email or ask on the board --- there is a lot of experience here, from multiple perspectives and regions. Best of Luck --- BTW, I think you will gain a valuable insight into the Chinese Culture by living there.

[Beachey]

One other concern might be whether you being in China will further complicate the FBI check? Any chance they are going to want to interview you?

 

Finding a job teaching English is relatively simple but much easier while you are still in the States. If moving here is an option, I would encourage you to come experience China even if it is only for six months.

[Reddragon75]

Does that mean you quit your job and cannot go back to it? Can they give you an absence of leave to come back?

 

If you can get sufficient sponsor for the financial side, then it should not be an issue.

 

Why did USCIS say 6 months if it is with GUZ? Is it in admin review ?

 

Actually, that is one of the reasins why we decided for me to come there. I just graduated a couple months ago with my B.A. in Electronic Media/Journalism, and so far I am having no luck in finding a job in the states anyway, so I might as well go there to be with her and work.

 

And...I was told by the USCIS in March that the FBI was doing an in-depth background check on me. When I asked how long it might take, they said that checks can take anywhere from a couple months to a couple years.

 

 

 

Not sure what you mean by advice while you were awaiting a positive decision on the petition. As far as living in CHina - to me it's no different, technically from living in the US. The issue is either you are willing to take the jobs that are available to you or you have sufficient resources to not need to work. I was lucky in that I didn't need a job - but many of my friends in China worked, some with legal visa supporting jobs and many with local - English Teaching Schools - either way, you can earn enough to pay the rent and get by. They will not pay enough to live like a westerner, if you are in a city of any size.

 

If you have specific questions about living and getting by in China - there are a ton of us who have lived there and, depending on the region, can give you most of the information you need. There are really no secrets to living there....it's like living any other place in the world. If you have specific questions or concerns please email or ask on the board --- there is a lot of experience here, from multiple perspectives and regions. Best of Luck --- BTW, I think you will gain a valuable insight into the Chinese Culture by living there.

 

Actually, I have been to China 3 times already and I lived there for 3 months in the summer of 2009 and 2010. I loved living there. In regard to the advice I was looking for, it was mostly to try and find out how me living there at the time of the interview might affect our chances of getting the visa approved. I was basically hoping to maybe find some people who were living there when they had their interview and how they dealt with the situation.

 

One other concern might be whether you being in China will further complicate the FBI check? Any chance they are going to want to interview you?

 

Finding a job teaching English is relatively simple but much easier while you are still in the States. If moving here is an option, I would encourage you to come experience China even if it is only for six months.

 

Yes...that was another one of my concerns: that USCIS or the FBI would want to interview me while I was there. That would probably be about my luck. After almost 2 years they never called me in for an interview, and then they decide to do so when I am not even in the states.

 

I am actually attempting to line up a teaching job now before I come there. There is no way I would come to China without one. I may be ignorant, but I am not stupid. Ok...maybe I am sometimes, but not in this case.

 

Yes...I know I could at least go there for 6 months and come back, but after 3 times of seeing Xiaorong so upset and heartbroken when I had to leave her behind, and after what we have been through for the last 3 years, I vowed to her and myself that when I came to China again, I would not leave unless she was going home with me!!!

[Beachey]

In regard to the advice I was looking for, it was mostly to try and find out how me living there at the time of the interview might affect our chances of getting the visa approved. I was basically hoping to maybe find some people who were living there when they had their interview and how they dealt with the situation.

 

 

What negatives would you anticipate (other than the I-864/domicile issue addressed above)? It only strengthens the bonafides of your relationship. And since you just finished school, you likely would need a co-sponsor anyway. Your biggest issue might be getting a good enough internet connection to submit the required documents to NVC for Electronic Processing.

 

Technically, once you are through the NVC, the petitioner's role in the process is done.

[dnoblett]

One point about possible USCIS/FBI interview, if one does come up they may simply have you visit the DHS office in Beijing, or Guangzhou.

 

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

[2mike&jin]

Actually, I have been to China 3 times already and I lived there for 3 months in the summer of 2009 and 2010. I loved living there. In regard to the advice I was looking for, it was mostly to try and find out how me living there at the time of the interview might affect our chances of getting the visa approved. I was basically hoping to maybe find some people who were living there when they had their interview and how they dealt with the situation.

 

 

Well, from my perspective, I think there are "tons" of reasons that one would want to be with their wife. I realize that you are already married, but it is my personal belief that the adjustment for a marriage of the cultures is difficult, and living there just let's your relationship grow while she is in familiar territory. I won't go on with all the positives, but from the "Interview Perspective", I can't help believe that it is "VERY POSITIVE" when going for the interview and ultimate granting of the visa. I'm sure someone has some statistic on the issue, but my personal experience is that "no one" that I know who has lived in China at the time of the interview has been denied (This is an opportunity for someone who knows someone or it happened to them to set the record straight) again, from my personal knowledge. I think, if you will spend some time learning CHinese (Enroll in a class...don't waste time - speaks to a common language), living together, supporting her from a family perspective - what could GUZ not like about it....for it's committttmentttt!

 

I lived there - and it was an easy Flight down to GUZ and back in one day if I had the need or the desire to do so. I could attend sessions or get documents easily reviewed at GUZ as well as talk and discuss with the VISA officers in the process. I can see NO DOWNSIDE, other than the issues you have already brought up - and if you have those covered.....HAVE A GREAT FLIGHT !

Edited August 15, 2011 by 2mike&jin (see edit history)