Living in China 7 yrs, now have Spouse (L) Visa, can I DCF?

[beeve]

Hi everyone,

This is my first post. I'm hoping that I can get a little clarity on my situation, since I've been pulling my hair out over it for the past month or so.

I have been in China since the summer of 2005. My wife and I met in 2007 when I was living and working in Changsha (her hometown & hukou). We've been living together ever since and registered for marriage in July 2011. We had our official wedding ceremonies earlier this year (Yay!). We recently decided that we would like to move to the US to figure out if we should settle down there or in China (my wife, a Chinese national, has never lived in the US before). I'm currently working on the I-130 petition in Changsha, where we just moved so that we can be closer to her family during the visa process.

While living here, I've lived in a lot of different cities/provinces/consular districts and have had a number of jobs, all of which have been legal and under a Z-visa+residence permits, until now. See below:

• 2005-2008: Changsha, Hunan (Z-visa, Residence Permit)
• 2008-2011: Shanghai (Z-Visa, Residence Permit)
• 2011-2012.07: Beijing (Z-Visa, Residence Permit - through my company in Shanghai)
• 2012.07 - present: 6-month, multiple entry spouse visa (categorized as "L", issued by Changsha PSB: I was told that this visa is a prerequisite for the spouse residence permit, because I have never applied for this type of residence permit before)

My question is: can I still file DCF?

• I have been living in Hunan now for less than a month, but I lived here for 3 years from 2005-2008. Does this help me qualify for the 6 month requirement for residency in the consular district of Guangzhou?
• How much do they look at work/non-work related visas, residence permits? If they don't accept my spouse visa, should I consider getting a job here in Changsha for the z-visa just so that I can file DCF?
• Also, neither the USCIS websites for Guangzhou nor Beijing claim Hunan province (or Chongqing). Do I file through Guangzhou? I've read from other posts that GZ has jurisdiction over Hunan, but I just want to make sure.

I admittedly made the mistake of starting this paperwork late in the game. I should have started working on this while I still had a valid residence permit & Z visa. Unfortunately, here I am and I need some help. Any advice is very much appreciated!

[Randy W]

I hate to state the obvious, but you need to ask the consulate. The two possibilities are 'yes' and 'no' - simply have a game plan either way. No need to second-guess what they may or may not do to you.

 

My guess is that the answer is 'yes' at Guangzhou - the problem is that they apparently still haven't sorted out which consulates have jurisdiction over which province. You may even find Guangzhou telling you to file with Beijing, and Beijing telling you to file with Guangzhou. On the plus side, merely LIVING in China is generally all that is required. They seem to have eliminated the 6-month requirement lately.

 

The application for a spousal residence permit is on page 2 of the visa application. Be sure to point that out (to the PSB) as being what you want. As far as I know, you should be able to get one now, although the PSB determines what they can or can not give out.

 

Why not file at Chengdu? They do not have a USCIS office, but will accept your petition, accompanying materials, and the fees. They will then either mail it for you, or tell you which consulate to mail it to (with receipt).

 

Your other option is to file stateside (which is not all that bad, really). Getting a job just to try to expedite your visa would seem to be an exercise in futility.

Edited September 6, 2012 by Randy W (see edit history)

[beeve]

Thanks Randy,

 

I think you're right in that I just need to ask the consulate. I've been trying to call and email, but have had no luck with a response (other than an automated email response). My original plan was to go to Guangzhou next week during the walk-in hours on Friday morning to try and file my paperwork. If they say "yes", then there are obvious next steps.

 

You mentioned going through Chengdu. Is this process easier than going though Guangzhou? Do I also need to go to Chengdu in person? Is their acceptance rate higher?

 

If the consulate says "no", you mentioned filing through the US. My only concern is that I've read online that filing through the US would require a ~10 month processing period as opposed to China's 3-4 month processing period. If I file through the US, how much time am I expected to live there in order to reestablish domicile, file my paperwork, etc? Ideally, I would like to minimize the time apart from my wife as much as possible.

 

Thanks again for your advice! Apologies for all of the questions; I'm just trying to get a realistic picture of what my options are if I am or am not able to DCF.

 

Steve

[Randy W]

What you are filing for, no matter where you file, is the IR-1 visa. The visa requires you to show that you have a place to live (domicile) and the means to be able to support your wife in the US.The consulate officials are required to look at the whole picture in determining whether she might become a public charge - not just at your I-864. A job or job prospects in the U.S. are very helpful in that regard. The domicile hopefully is a long term residence, but can be just a place to hang your coat while you move back (at your parents', etc.).

 

Going to Chengdu would save a trip to either Guangzhou or Beijing. They will accept your paperwork, and forward it to the appropriate office (Guangzhou or Beijing) where the processing will be done. It will ultimately be forwarded to Guangzhou, which is where your wife's interview will be.

 

I can't say that I know the current processing times, but it seems like there's less of a spread that what you are indicating. If for any reason, you are unable to file DCF, then filing in the U.S. might be a better option than to take a job in China.

[beeve]

Hi Randy,

 

Just a quick update. I went to the USCIS office in Guangzhou today and my I-130 petition was accepted for DCF! It seems that my combination of a spouse visa + previous residence permits was enough for them to accept my petition.

 

Thanks for your advice!

[Randy W]

Hi Randy,

 

Just a quick update. I went to the USCIS office in Guangzhou today and my I-130 petition was accepted for DCF! It seems that my combination of a spouse visa + previous residence permits was enough for them to accept my petition.

 

Thanks for your advice!

 

Great - good job!

[dannyshap]

Randy,

 

I have a similar situation, but I don't have a spouse visa, only a standard L tourist visa (although I have been living in China for 6 years and have visas to prove it).

I see Beeve went through the Guangzhou office, but I live in Shanghai and that falls under the Beijing jurisdiction.

Have you heard of Beijing granting DCF to applicants on L visas?

[Randy W]

Randy,

 

I have a similar situation, but I don't have a spouse visa, only a standard L tourist visa (although I have been living in China for 6 years and have visas to prove it).

I see Beeve went through the Guangzhou office, but I live in Shanghai and that falls under the Beijing jurisdiction.

Have you heard of Beijing granting DCF to applicants on L visas?

 

Seems to me that you have a good case, especially if you haven't had to make any visa runs - hops across the border to renew your visa. They've gotten more strict about residency requirements, but less strict about the length of stay.

 

The only way to find out is to try. Let us know what you find out.