DCF filing confusion

[MN2China]

So I'm a newbie to this whole thing...and im in need of some help. Im an american woman married to a chinese man and I am currently living in Kunming,China. I am here on a residency permit. With that said, do I qualify for DCF when filing for a I-130? To be honest I dont really understand how it works. We have a lawyer but he seems to think I can't use DCF.. but I think we can. My husband and I just want to go live in America and are only living in China because we want to be together. We have all our info gathered to file for our 1-130 but havent filed yet. Can someone explain to me how i figure out if I qualify for DCF? and maybe explain what it is in more detail? All I understand about it is that it generally shortens your wait time and it allows you to scan your files instead of having to send them snail mail.

 

This whole process has been quite frustrating T.T

[dnoblett]

Firstly welcome to CFL.

 

I would retain the lawyer only if you have an issue at the consulate stage, and perhaps look over petition filing, but for the most part if you study the guides, and ask questions of the forum here you can file a petition on your own.

 

Recommended to inclose with the petition evidence of a bonafide relationship, and later at the visa interview have your spouse well prepared to answer any questions about your and their background, ans well as relationship.

 

You qualify, if you have a residency permit, and have been resident for more than 6 months..

 

You would contact the nearest US Consulate, If not Beijing or Guangzhou, your consulate will forward to DHS Beijing or Guangzhou for processing.

 

In your case visit the US Consulate in Chengdu they will help you forward petition to DHS office located in the US Embassy in Beijing. http://chengdu.usemb...inyourarea.html

 

A few topics to study:

 

http://candleforlove...ualify-for-dcf/

http://candleforlove..._DCF_Final1.htm

http://candleforlove...of-the-process/

Edited December 7, 2011 by dnoblett (see edit history)

[Beachey]

Dante's Thread is a little more current than some of the links Dan provided:

http://candleforlove.com/forums/index.php?/topic/42910-i-sent-my-i-130-by-dcf-in-beijing/page__p__568519__fromsearch__1&do=findComment&comment=568519

If you are in the Chengdu consulate district, you will be filing at USCIS Beijing on the Embassy Grounds.

They are extremely responsive to email: DHSBeijing-CIS@dhs.gov.

 

 

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

 

 

You should be able to pay the I-130 fee in Chengdu and mail your application to Beijing but you should be able to confirm that at the above email address.

 

 

[dnoblett]

Dante's Thread is a little more current than some of the links Dan provided:

 

http://candleforlove.com/forums/index.php?/topic/42910-i-sent-my-i-130-by-dcf-in-beijing/page__p__568519__fromsearch__1&do=findComment&comment=568519

 

If you are in the Chengdu consulate district, you will be filing at USCIS Beijing on the Embassy Grounds.

 

They are extremely responsive to email: DHSBeijing-CIS@dhs.gov.

http://beijing.usemb...d_security.html

You should be able to pay the I-130 fee in Chengdu and mail your application to Beijing but you should be able to confirm that at the above email address.

 

 

I will note from the thread you noted, to head off the question "What is an ADIT" photo, it is a standard 2"x2" passport photo, or in metric 5cm x 5cm.

[Kyle]

I would second the idea with including as much useful documentation when submitting your I130 that can present more insight to your relationship. For example, we included about 40 photos, letters from family and friends, etc. The more documentation you provide in the beginning can greatly decrease the stress and difficulty of her interview later on. That was our experience. Good luck and welcome to CFL

 

http://candleforlove.com/forums/index.php?/topic/39043-dcf-filers-in-guangzhou-need-wifes-original-passport/page__view__findpost__p__520652

[Zesty]

Hey MN,

 

I just filed an I-130 last week (Dec 2)in Guangzhou. I live in Changsha, Hunan Province. The requirements were a little different than Kyle's list from filing in Beijing. In fact, I find that the requirements for most things are different between Beijing and Guangzhou, so I would suggest sending an email to Beijing.

 

Tell them where you live and that you have a residence permit when you send an email. They will respond within a day most likely.

 

In order to file, you will need to take a trip to Beijing, schedule an appointment, and file in person. Otherwise you mail the application to Chicago.

 

In my application I included:

 

I-130

G325A for each of us

2 passport photos for each of us

2 letters from family members (GUZ says must be notarized) affirming our relationship

showed each of our red marriage certificates

copy of each of our marriage certificates

translated and certified copy of our marriage certificate

copy of my residence permit page

copy of my passport page

Oh, and the receipt for payment of the application fee!

 

They suggested no other documents or photos be included.

 

Having said that, I would not be surprised if they come back later and ask for something at a later time!

[Randy W]

Hey MN,

 

I just filed an I-130 last week (Dec 2)in Guangzhou. I live in Changsha, Hunan Province. The requirements were a little different than Kyle's list from filing in Beijing. In fact, I find that the requirements for most things are different between Beijing and Guangzhou, so I would suggest sending an email to Beijing.

 

Tell them where you live and that you have a residence permit when you send an email. They will respond within a day most likely.

 

In order to file, you will need to take a trip to Beijing, schedule an appointment, and file in person. Otherwise you mail the application to Chicago.

 

In my application I included:

 

I-130

G325A for each of us

2 passport photos for each of us

2 letters from family members (GUZ says must be notarized) affirming our relationship

showed each of our red marriage certificates

copy of each of our marriage certificates

translated and certified copy of our marriage certificate

copy of my residence permit page

copy of my passport page

Oh, and the receipt for payment of the application fee!

 

They suggested no other documents or photos be included.

 

Having said that, I would not be surprised if they come back later and ask for something at a later time!

 

Like Beachey said,

You should be able to pay the I-130 fee in Chengdu and mail your application to Beijing but you should be able to confirm that at the above email address.

 

The DOS at Chengdu will accept your application and fees, and either mail it for you, or you can mail it yourself (People have done it both ways) to the USCIS in Beijing (the only USCIS offices are at the Beijing and Guamgzhou consulates).

Edited December 9, 2011 by Randy W (see edit history)

[MN2China]

thanks for all the fast responses guys! I'm just curious about something though, the residency permit, what does it look like? My husband and I are trying to determine if thats what I have or not. I have a chinese tourist visa that I got before my husband and I were married, then after we got married I went to extend it and they gave me a blue sticker inside my passport that says residency permit.. so its definetly not a visa..but is this the correct permit I need? Or is it something different?

[MN2China]

Hey MN,

 

I just filed an I-130 last week (Dec 2)in Guangzhou. I live in Changsha, Hunan Province. The requirements were a little different than Kyle's list from filing in Beijing. In fact, I find that the requirements for most things are different between Beijing and Guangzhou, so I would suggest sending an email to Beijing.

 

Tell them where you live and that you have a residence permit when you send an email. They will respond within a day most likely.

 

In order to file, you will need to take a trip to Beijing, schedule an appointment, and file in person. Otherwise you mail the application to Chicago.

 

In my application I included:

 

I-130

G325A for each of us

2 passport photos for each of us

2 letters from family members (GUZ says must be notarized) affirming our relationship

showed each of our red marriage certificates

copy of each of our marriage certificates

translated and certified copy of our marriage certificate

copy of my residence permit page

copy of my passport page

Oh, and the receipt for payment of the application fee!

 

They suggested no other documents or photos be included.

 

Having said that, I would not be surprised if they come back later and ask for something at a later time!

 

 

 

Guangzhou is our filing district as well. So im alittle confused.. do you mean I have to fly to beijing to make an appointment for guangzhou? or is that if I file at beijing..? Also thats all that they asked for with your I-130? O.o that seems so strange! So what step would they ask for more evidence like photos and such then?

[Randy W]

 

Guangzhou is our filing district as well. So im alittle confused.. do you mean I have to fly to beijing to make an appointment for guangzhou? or is that if I file at beijing..? Also thats all that they asked for with your I-130? O.o that seems so strange! So what step would they ask for more evidence like photos and such then?

 

You FILE your I-130 with the USCIS The USCIS has two consular districts in China - one is in Bejing, and one is in Guangzhou.

 

You are in the Guangzhou district, which as near as I can see does not have the arrangement that the Beijing district has with other consulates to accept petitions for forwarding. They are also more restrictive about their residency requirements.

 

http://guangzhou.usembassy-china.org.cn/i-130-petition-for-alien-relative.html

 

China - Guangzhou Field Office

The Guangzhou Field Office has jurisdiction over the provinces: Anhui, Fujian, Guangdong, Guangxi, Guizhou, Hainan, Henan, Hubei, Jiangsu, Jiangxi, Ningxia, Qinghai, Shandong, Shanxi, Sichuan, Sinkiang (Xinjiang), Tibet (Xizang), Yunnan, and Zhejiang.

 

You might be able to save yourself a trip, though, by contacting your consulate at Chengdu to see if they can help.

Edited December 9, 2011 by Randy W (see edit history)

[Zesty]

Everyone who has posted in this thread is far more knowledgeable than I am. I just happen to have made the trip to Guangzhou one week ago and can tell you of my experience.

 

Yes, the residence permit is a blue page in your passport that reads "Residence Permit for Foreigner in PRC". If you have been here for longer than 6 months, my understanding is that you qualify for DCF.

 

Further, my understanding is that the first step is to see if you qualify for the "benefit" of applying via the consulate instead of mailing everything back to the US, what we call DCF. In order to qualify you must prove your residence here for more than 6 months and prove the familial relationship.

 

After proving all that, you can go to the next step, but your application is already in China and can cut some of the time off.

 

That's my understanding, but I have been wrong at least three times today and it's not even dinner time!

 

There are only two USCIS in China as mentioned earlier. Beijing and Guangzhou. There is a strange demarcation as to what parts of China must file in which USCIS office. Someone mentioned that you should file in Beijing and I took that to be true. I live in Changsha and I could not figure out which USCIS office to go to in order to apply.

 

An email to Guangzhou told me Beijing and an email to Beijing told me Guangzhou.

 

Several more emails clarified that I file in Guangzhou. But don't confuse "interview" (everyone will interview in Guangzhou) with "file your application".

 

I suggest you send an email to Beijing with your city and tell them that you have a residence permit and ask where you file. Someone mentioned that you can go to Chengdu consulate and they will forward it for you. Awesome! Then you don't need to make the trip! I was under the impression from the Consulate that you have to apply in person or mail it to the US.

 

When I was in Guangzhou, there was another man who had received a letter after he filed by mail asking for more information. He received it about a month after he originally sent the application. So I am hoping that I have included everything they need, but there is a part of me that is expecting that I will have to jump another hurdle before being granted access to the next step.

 

Sorry such a long response. Hope it helps a little. I understand how overwhelming it seems and wishing there was an easy step by step guide. Kyle's posts have helped me a lot, as well as digging through the threads, but the emails to Guangzhou (I asked about translations and notary requirements in one, about photos and evolution of relationship letters in another) helped also.

 

Good luck!

[Randy W]

Everyone who has posted in this thread is far more knowledgeable than I am. I just happen to have made the trip to Guangzhou one week ago and can tell you of my experience.

 

Yes, the residence permit is a blue page in your passport that reads "Residence Permit for Foreigner in PRC". If you have been here for longer than 6 months, my understanding is that you qualify for DCF.

 

Further, my understanding is that the first step is to see if you qualify for the "benefit" of applying via the consulate instead of mailing everything back to the US, what we call DCF. In order to qualify you must prove your residence here for more than 6 months and prove the familial relationship.

 

After proving all that, you can go to the next step, but your application is already in China and can cut some of the time off.

 

That's my understanding, but I have been wrong at least three times today and it's not even dinner time!

 

There are only two USCIS in China as mentioned earlier. Beijing and Guangzhou. There is a strange demarcation as to what parts of China must file in which USCIS office. Someone mentioned that you should file in Beijing and I took that to be true. I live in Changsha and I could not figure out which USCIS office to go to in order to apply.

 

An email to Guangzhou told me Beijing and an email to Beijing told me Guangzhou.

 

Several more emails clarified that I file in Guangzhou. But don't confuse "interview" (everyone will interview in Guangzhou) with "file your application".

 

I suggest you send an email to Beijing with your city and tell them that you have a residence permit and ask where you file. Someone mentioned that you can go to Chengdu consulate and they will forward it for you. Awesome! Then you don't need to make the trip! I was under the impression from the Consulate that you have to apply in person or mail it to the US.

 

When I was in Guangzhou, there was another man who had received a letter after he filed by mail asking for more information. He received it about a month after he originally sent the application. So I am hoping that I have included everything they need, but there is a part of me that is expecting that I will have to jump another hurdle before being granted access to the next step.

 

Sorry such a long response. Hope it helps a little. I understand how overwhelming it seems and wishing there was an easy step by step guide. Kyle's posts have helped me a lot, as well as digging through the threads, but the emails to Guangzhou (I asked about translations and notary requirements in one, about photos and evolution of relationship letters in another) helped also.

 

Good luck!

 

 

Well written, actually. I've been looking over the USCIS web sites for Beijing and Guangzhou, and the Chengdu consulate's web site. They seem to be in a state of flux, with Beijing and Guangzhou both claiming Xinjiang, and many provinces just not being serviced. The Chengdu web site doesn't mention being able to accept I-130 applications, but that might be the place to start. They do not have a USCIS office, but they MAY accept your application and fee and either forward it to Beijing, or allow you to mail it yourself, with receipt.

 

Guangzhou apparently doesn't accept forwarded mail-ins like that (you MUST go in person), and they have tended to be more restrictive about residency requirements. I would check with the Chengdu consulate first to see if they can help you.

 

If you go to Guangzhou, be aware

The office is open to the public at 8:30 - 10:30am on Fridays.

The USCIS window is located on the left side of the general interview area on the fifth floor.

 

http://guangzhou.usembassy-china.org.cn/i-130-petition-for-alien-relative.html

 

But basically, you're going to have to do some legwork yourself to find out what they will accept - let us know what you find out.

Edited December 9, 2011 by Randy W (see edit history)

[MN2China]

so if my permit says its good for one year of residency, but in that time I left for america for a couple of months, do they take that into account? or do they just take into account that my residency permit says 1 year and so i fit the 6 month requirement..?

[dnoblett]

so if my permit says its good for one year of residency, but in that time I left for america for a couple of months, do they take that into account? or do they just take into account that my residency permit says 1 year and so i fit the 6 month requirement..?

Yes the trip to the USA will break the residency period, you need to be continuously resident at least 6 months prior to filing.

 

http://guangzhou.usembassy-china.org.cn/cr1/ir1_and_cr2/ir2.html

[MN2China]

I just emailed them so I hope to hear from them soon and I'll let you guys know what I find out

Edited December 9, 2011 by MN2China (see edit history)