Marriage Now. Ready For Next DCF Steps...

[KAM313]

Hi,

 

It has been a fun ride in China so far, I have almost been here for two years as a student, but I need a bit of help going forward for the marriage process. I got engaged last month and will be filing the marriage paperwork in China tomorrow. Included are some sort of specific questions:

• Is it wise to wait a certain amount of time after marriage to apply for the I-130?
  
• Last school semester I studied mandarin in China, but I am now on a travelers visa. This will soon switch to a marriage visa. Will this cause any problems? Would I be safer to simply go back to school for next semester as the DCF procedure plays out?
  
• When I received my last residence permit, it was a simple piece of paper (no blue paper that goes in the passport). Is this normal?
  
• Does it matter that I will be switching from one city to another city and before filing (therefore, not being a current resident of my current city when I apply)?
  
• My fiancee traveled with me to the USA late last year to visit my family. Of course, she returned to China at the planned date.
  
• Is there anything else I might need to do to make this process smoother?
  

Thanks everyone for the help in advance.

[Randy W]

Hi,

 

It has been a fun ride in China so far, I have almost been here for two years as a student, but I need a bit of help going forward for the marriage process. I got engaged last month and will be filing the marriage paperwork in China tomorrow. Included are some sort of specific questions:

 

* Is it wise to wait a certain amount of time after marriage to apply for the I-130?

* Last school semester I studied mandarin in China, but I am now on a travelers visa. This will soon switch to a marriage visa. Will this cause any problems? Would I be safer to simply go back to school for next semester as the DCF procedure plays out?

* When I received my last residence permit, it was a simple piece of paper (no blue paper that goes in the passport). Is this normal?

* Does it matter that I will be switching from one city to another city and before filing (therefore, not being a current resident of my current city when I apply)?

* My fiancee traveled with me to the USA late last year to visit my family. Of course, she returned to China at the planned date.

* Is there anything else I might need to do to make this process smoother?

 

Thanks everyone for the help in advance.

 

Mike

 

 

What matters more than length of time after marriage is how long you have known her.

 

The residence permit is normally affixed in your passport, and looks just like a visa, except it will say "residence permit". I can't speak for what you have, since I don't know what it is. If you have evidence of having lived in China for 6 months, take it with you when you submit your I-130. When you go to the PSB to apply for your "marriage" visa (L visa?), check on the back of the application for a "residence permit"

[KAM313]

Thank you. We have been together for over a year -- all while we were both living in China. I do have residence permits for each semester I studied mandarin in China (most recently 1 semester in Wuhan, but 4 semesters in total). My plan is to move to Xiamen, but I am currently on a travelers visa with a temporary residence around Hangzhou.

 

Do you know if I will be able to file the I-130 form in Shanghai or is it best to go to Guangzhou or Beijing even though I won't live there?

 

Thanks

[Randy W]

Yes - you can file in Shanghai. There are two USCIS offices - one in Beijing, the other in Guangzhou, but the consulates at Shenyang, Shanghai, or Chengdu will accept your application and forward to the appropriate USCIS office. The six month requirement and the provinces which are under the jurisdiction of each USCIS office seem to be changing, but I would think you can file at either Shanghai or Beijing.

 

Direct Consular Filing of I-130 - http://guangzhou.use...n-relative.html

Please note that you need to be a permanent resident in South China (Guangdong, Guangxi, Fujian or Hainan province) in order to file at our office. That is to say that you need to have a Permanent Resident Booklet issued by the Chinese Public Security Bureau Exit Entry Administration and an Employment Certificate and already residing in China for at least six months.

Dec., 2011 - their website says

U.S. Citizens who legally reside in the local area, can file an Immediate Relative Immigrant Petition (Form I-130) by coming to the office during public service window hours only. We do not accept applications by mail.

No mention is made of the six month requirement - just that you "legally reside" in the "local area".

If your Chinese residence falls under the jurisdiction of a different consulate USCIS office, please check with them for their specific requirements. The Beijing embassy has indicated that they will accept any "long- term official authorization permitting you to live in China", and does not require an actual residence permit.

 

The USCIS Public Service window is located at the Guangzhou consulate, to the left of the visa interview windows. As of January 1, 2011 public service hours are from 8:30am – 10:30am on Fridays only.

 

Update on GUZ's USCIS office hours -

Please be advised that starting January 1, 2011, our public window opens from 8:30am – 10:30am on Fridays only. Immigration forms can be downloaded from our website at www.uscis.gov

 

http://guangzhou.use...org.cn/cis.html

 

 

 

The mailing address for submission of I-130 petitions to the Beijing USCIS is:

 

U.S. Citizenship and Immigration Services

U.S. Embassy Beijing

No.55 An Jia Lu Road (安家楼路)

Beijing, China 100600

 

USCIS Service and Office Locator for Beijing office

 

"U.S. Citizens with proof of residency in China may file an Immediate Relative Petition (Form

I-130

) by making an appointment to come in to the office during Window hours.

 

U.S. Citizens with proof of residency in China, residing outside of the Beijing or Guangzhou Consular Districts, may file at the American Consulates General in Shenyang, Shanghai, or Chengdu. The Beijing Office may contact petitioners and /or applicants to request personal appearances for an interview or to request additional documentation."

[KAM313]

Randy,

 

Thank you for your help. I will stop by the Shanghai office on a Friday to get further information on the 6 month rule.

[jrv07c]

do i need to bring my wife's birth certificate?

[dnoblett]

Foreign spouse birth cert not needed when filling petition, it will be requested later by NVC or by Guangzhou

[Randy W]

Randy,

 

Thank you for your help. I will stop by the Shanghai office on a Friday to get further information on the 6 month rule.

 

The six month rule seems to no longer be in effect (there used to be a requirement of six months of residence in China before filing).