DCF filing confusion

[Randy W]

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..?

 

They're not entirely consistent with how they apply the rule - that's why I'm thinking it might be safer to apply to Beijing through Chengdu. I'm almost certain you qualify, but . . .

 

they gave me a blue sticker inside my passport that says residency permit.. so its definetly not a visa..

 

A residence permit looks very similar to a visa, so I'm not quite sure what you have.

 

You should be able to find out whether you qualify by email, though.

[Randy W]

My residence permit

 

http://i1232.photobucket.com/albums/ff367/walserrjw/Untitled-1-8.jpg

[MN2China]

yup, thats exactly what i have

[MN2China]

but i was able to get mine on a tourist visa after my husband and i got married

[dnoblett]

but i was able to get mine on a tourist visa after my husband and i got married

That is common, a spouse of a Chinese national is allowed a resident permit, Randy above is in the same boat as you.

 

One more thing to keep in mind for the eventual visa interview, being resident in China brings up the requirement to prove that you did not give up US domicile, you need to show that living in China is a temporary condition. US domicile is a requirement of the I-864 turned in at interview time, and you as a petitioner are required to provide the I-864.

[Randy W]

but i was able to get mine on a tourist visa after my husband and i got married

 

???

 

This one was in conjunction with a work permit - they are also available to family members of Chinese citizens without work authorization. The residence permit is what they're interested in for an I-130 petition - your "Purpose of Residence" won't matter.

 

If you have a residence permit with or without the work authorization (like mine), you may want to prepare your I-130 petition and go to the USCIS window at the Guangzhou consulate on a Friday morning between 8:30 and 10:30 AM. I think you can expect that they will accept it.

 

Or you can try to save a trip and talk to the Chengdu consulate first. Seems like you're in good shape.

[MN2China]

but i was able to get mine on a tourist visa after my husband and i got married

 

???

 

This one was in conjunction with a work permit - they are also available to family members of Chinese citizens without work authorization. The residence permit is what they're interested in for an I-130 petition - your "Purpose of Residence" won't matter.

 

If you have a residence permit with or without the work authorization (like mine), you may want to prepare your I-130 petition and go to the USCIS window at the Guangzhou consulate on a Friday morning between 8:30 and 10:30 AM. I think you can expect that they will accept it.

 

Or you can try to save a trip and talk to the Chengdu consulate first. Seems like you're in good shape.

 

 

I'm just worried about the trips I made to America.. Because I know how picky Guangzhou is about things :/ I technically haven't been in China for 6 months straight yet

[dnoblett]

I'm just worried about the trips I made to America.. Because I know how picky Guangzhou is about things :/ I technically haven't been in China for 6 months straight yet

It will be USCIS (DHS) officer at Beijing or Guangzhou that would make the decision if you have slightly less than 6 months residency, if will accept the petition or not.

 

Can always wait until the 6 months before filing the petition.

[Randy W]

but i was able to get mine on a tourist visa after my husband and i got married

 

???

 

This one was in conjunction with a work permit - they are also available to family members of Chinese citizens without work authorization. The residence permit is what they're interested in for an I-130 petition - your "Purpose of Residence" won't matter.

 

If you have a residence permit with or without the work authorization (like mine), you may want to prepare your I-130 petition and go to the USCIS window at the Guangzhou consulate on a Friday morning between 8:30 and 10:30 AM. I think you can expect that they will accept it.

 

Or you can try to save a trip and talk to the Chengdu consulate first. Seems like you're in good shape.

 

 

I'm just worried about the trips I made to America.. Because I know how picky Guangzhou is about things :/ I technically haven't been in China for 6 months straight yet

 

 

If your residence permit was issued more than 6 months ago, I don't think you'll have a problem. Your residence has been here for that time - they're not looking to require you to stay in the country.

 

Contact them - http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=44248875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

 

But I would highlight the time on your residence permit - "I have been a legal resident since <__date on permit___>, with a trip to the U.S. in <___month,year___>"

[MN2China]

I thought about waiting.. if we file through the US the regular way.. what kind of timeline am I facing vs. the dcf timeline?

[MN2China]

 

 

If your residence permit was issued more than 6 months ago, I don't think you'll have a problem. Your residence has been here for that time - they're not looking to require you to stay in the country.

 

Contact them - http://www.uscis.gov...000082ca60aRCRD

 

But I would highlight the time on your residence permit - "I have been a legal resident since <__date on permit___>, with a trip to the U.S. in <___month,year___>"

 

 

 

Ok I think I'll try that too.. when I email them after I state that do I ask if I would qualify for direct consular filing? or do I call it something else?

Edited December 9, 2011 by dnoblett
quote tag (see edit history)

[Randy W]

 

 

If your residence permit was issued more than 6 months ago, I don't think you'll have a problem. Your residence has been here for that time - they're not looking to require you to stay in the country.

 

Contact them - http://www.uscis.gov...000082ca60aRCRD

 

But I would highlight the time on your residence permit - "I have been a legal resident since <__date on permit___>, with a trip to the U.S. in <___month,year___>"

 

 

 

Ok I think I'll try that too.. when I email them after I state that do I ask if I would qualify for direct consular filing? or do I call it something else?

 

 

They refer to it as "Immediate relative petitions (Form I-130)"

[MN2China]

http://candleforlove.com/forums/index.php?/topic/39219-filing-dcf-in-guangzhou%3B-description-of-the-process/

 

 

 

Is this person's experience still common practice with only needing the permit to prove residency? I see the thread was made in 2009 so thats why i ask. I emailed both beijing and guangzhou and have only received auto replys..

[dnoblett]

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

 

 

 

Is this person's experience still common practice with only needing the permit to prove residency? I see the thread was made in 2009 so thats why i ask. I emailed both beijing and guangzhou and have only received auto replys..

 

That's correct... Not much has changed.

[MN2China]

so based on my info.. would you say its naive for me to go to guangzhou and try to file? My residency permit says issued Feb. 2011 and is good until FEB 2012

Edited December 13, 2011 by MN2China (see edit history)