Another newbie needing advice

[thezippy]

All,

 

I'm another newbie to this situation needing some practical advice. I've considered retaining an immigration atty, but my concern is they'll always paint a worst-case scenario in order to encourage me to use their services.

 

Quick background: Been living/working in China for 5 years. Met my wife about 5 years ago, have co-habitated for over 4, got engaged a year ago February, and married in December. In October of last year I was downsized by my company here in China. Have been looking for (good paying) work since, but found nothing so I'm planning to accept a position I've been offered back in the states (Georgia) and relocate. And I want my wife to go with me, of course!! She has previously travelled to the US 3 times on a B1 visa, which is currently valid and will remain so through June.

 

So, I have a multitude of questions because of the variables. The biggies are:

 

- From everything I've read, it looks like I should hurry up and submit the I-130 here in Beijing before I return to the US for work. My one concern is filing before I start the new job and showing up as unemployed for my current employment. Since the G-325A just asks for month/year I'm wondering if filing during the same month I'll start back in the US will do the trick.

 

- Alternately, if that doesn't work, could I file in Beijing on a return visit. I'm planning to switch my Z visa to a Spousal visa (as the spouse of a Chinese national). While waiting for all this to settle, she'll have a place here in BJ and I'll be stateside, so I'll be running back and forth between both countries.

 

- As many of you probably know, co-mingling finances or bills here is pretty difficult. Kinda no-such thing as a joint account, joint bills, etc. For the I-130 what is common documentation of joint residence/property/resources that others have successfully submitted or would recommend? We own an apartment in Wuhan, but its all in her name, of course, because of property ownership laws and the difficulty for a foreigner to get a mortgage here.

 

- For afadavits is there any weighting of the types of folks I get them from? Are local business leaders or members of the American Chamber of commerce more valuable than friends or family? Landlady? (Also helps show joint residence I'm thinking?)

 

- Any other advice on good "relevant documentation" to submit with the I-130 to establish ongoing marital union?

 

- I've read others talk about documents of financial support, etc... is that to go with the I-130 or for the future interview in GZ?

 

- Related to her having a B1 visa, a couple of folks have suggested that instead of doing the I-130 here, she go to the US on a legit business trip, but then we apply to have her visa status changed from the US with an I-130 and I-485. I'm a little concerned about this route pissing off Uncle Sam, though. Any thoughts or experience with this?

 

- If we submit an I-130, will she lose her B1 visa and be unable to travel to the states for her work?

 

And lastly, assuming we go the I-130 route, filing here before I leave, what's a realistic average time frame to expect from time we file till she can actually come to the US? Is there any avenue for her to come during the interim for visits/vacation, or will I always have to come back to China for us to actually see one another?

 

Appreciate any advice, tips, etc... its all completely overwhelming, especially when combined with impending relocation, new job, etc.

 

Charlie

[dnoblett]

Welcome to candle,

 

It's your choice about a lawyer, however this is not as complex as they would tell you, and you can do it your self, most on this board did.

 

Here on the board the process of filing the petition in Beijing or Guangzhou we call "DCF", I have yet to ever see a denied visa when petition is filed this way.

 

I would not worry about showing "Unemployed" seeing a job offer, and perhaps you making the trip ahead of spouse to set up domicile and your job will make it easier when it comes to sponsoring your spouse/immigrant.

 

As for using a B-2 to immigrate and then file an I-130/I-485 is is highly recommend to NOT do that, this can and is often considered fradulent use of a visitor's visa to immigrate. B-2 is for visiting, CR-1 is for Immigration Do the right thing and file the I-130 to USCIS in Beijing, it will save you at least a grand in fees (I-485 = $1070) and it will save you from having to expain that the B-2 was not intentionally used to immigrate and perhaps need a lawyer to help you fight a deportation order more $$$$.

 

And no the B-2 is not lost when you file an I-130, however in some rare cases the POE can and sometimes deny entry on the B-2 with a pending I-130 petition in the works, it is rare, and I have seen several members have no issues with travel on a B-2 while I-130 is pending.

 

Financials do not come up at time of I-130 filing, they are required at the visa interview attached to an I-864.

 

Affidavits have more to do with knowing of your marital relationship, so friends, family would be what you need.

 

DCF amounts to at most 4 months processing to interview. Only snag may be if there is any issues such as spouse being a member of CCP, or employed in some professions, in which case an automatic CCP waiver happens, and/or a resume is requested, and some added post interview processing happens.

 

You will find more here: http://candleforlove.com/forums/index.php?/tags/forums/DCF/

[thezippy]

Thanks. And to make an appointment to submit the I-130 I just call/email them as indicated on http://beijing.usembassy-china.org.cn/homeland_security.html#a5 ?

 

Do you have a sense of if this is the kind of thing where it takes weeks to get an appointment, or if I email and say I'd like to come next Tuesday, that'll happen? Want to get a sense of what lead time I'm working with relative to requesting the appointment, getting all the paperwork together, and having it all turned in before I return stateside. Especially with CNY coming up...

 

Thanks,

[dnoblett]

From my understanding should get a response fairly quickly by email, and appointments are not weeks to get, they are fairly quick.

 

Best to study the forum, and download the I-130, G-1145 and G-325A forms from USCIS study their directions and the forums, and ask any questions before making an appointment.

 

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[Beachey]

I would be careful about the B-1 visa if your wife really does need to go to the States wen your application is pending. The one guy I knew whose wife had a B-2 visa (visitor) had it revoked when he submitted the I-130. SInce your wife has a B-1 (business) visa, I would at least ask USCIS ahead of time if she can keep it before you apply. They are extremely responsive to email(DHSBeijing-CIS@dhs.gov )You may need documentation on the trip and possibly a letter of invitation from the business she is visiting to prove she needs it and she will be returning to China to finish the Immigration visa process.

 

Other good evidence is if you can document any trips you have taken together, airline tickets or a copy of your itinerary, visa stamps with the same date, together with photos.

 

here were about 5 of us who DCF'd when we were in China and you generally can get an appointment to submit the I-130 and supporting documentation in about a week or less. You will want to plan on having as much of the documentation proving your relationship to submit when you file the I-130. This is typically referred to as frontloading since Guangzhou doesn't always accept additional evidence.

 

Good Luck.

[MarineClimateLover]

I just completed a DCF I-130 petition in Beijing so this information is pretty recent.

 

1. Dan has good advice here (as usual). If you can show you have a job offer then it won't really matter if you put in unemployed. I had a job in China when I filed but would be quitting as soon as my wife got her visa so we could go back to the U.S. For all intents and purposes I'd be unemployed as well. It never even came up when I filed at the Beijing Embassy.

 

2. No need to switch your visa. Just having a valid residence permit for at least six months will suffice. One of the gentleman at the Embassy when I was filing had an F (business class visa) and they told him his visa disqualified him from filing directly at the consulate. He had to go back to the U.S. and get a new "spousal" residence permit (which is what I had as well) although a working residence permit would be fine. The six month rule is a little less clear - I'm not sure if it's enforced or not.

 

3. Dan is right about this again. When you petition you'll be showing proof of your relationship bona fides. My wife and I have a kid so that took care of a lot of it for us but we also submitted photos of our relationship, an evolution of relationship document, and an affidavit from several family members detailing what they knew of my wife and I's relationship and discussing the time we spent back in the U.S. when she went to visit with me etc..

 

4. Proving the ongoing marital union, for my wife and I, consisted of the above photos (we had a lot), the affidavits, and our child's birth certificate. I would posit that photos of your relationship along with affidavits would suffice. The I-130 directions are pretty clear you only need one of the things they list although adding more, of course, doesn't hurt. Joint bank accounts can be opened. My wife and I have one at ICBC.

 

5. Can't help with your wife's visa question - my wife's was well expired when we applied although even if it wasn't there'd be no way of considering going to the States on it and then commencing with the immigration process.

 

6. I submitted the I-130 in Beijing in the middle of September and three weeks later got the notice of approval. We then sent in the DS-230 within a week or so and a couple more weeks after that we were emailed about her interview date in the middle of January. Almost exactly four months for the entire process from submission of petition to approval of visa.

 

As Dan says above - take things step by step starting with your petition for your wife. After that things fall into place pretty quickly.

[dnoblett]

I will point out that you cohabited for 4 years if you can attach documentation of this to the I-130 it will go a long way.

Others indicate showing travel together over past few years, this too helps.

 

Someone mentioned "Front Loading" I tagged a few threads here: http://candleforlove.com/forums/index.php?/tags/forums/Front+Loading/

[thezippy]

When I emailed the DHS email address - DHSBeijing.CIS@uscis.dhs.gov- , I got a standard form-letter reply telling me to read sites x, y, and z for more info but no response to my request for an appointment.

 

I then tried calling the phone number posted on the site: (10) 85313111. It consistently goes to a voicemail box that's full, so I can't even leave a message.

 

Anyone have a suggestion for how I can make a bloody appointment to turn in my I-130 forms? Not off to a very auspicious start here...

[Randy W]

When I emailed the DHS email address - DHSBeijing.CIS@uscis.dhs.gov- , I got a standard form-letter reply telling me to read sites x, y, and z for more info but no response to my request for an appointment.

 

I then tried calling the phone number posted on the site: (10) 85313111. It consistently goes to a voicemail box that's full, so I can't even leave a message.

 

Anyone have a suggestion for how I can make a bloody appointment to turn in my I-130 forms? Not off to a very auspicious start here...

 

Try the DHSBeijing-CIS@dhs.gov email address, or the fax number - under contacting us at http://beijing.usembassy-china.org.cn/homeland_security.html

Edited January 28, 2013 by Randy W (see edit history)

[thezippy]

Yeah, that's actually the email address I originally emailed to and just got an autoreply. Tried faxing this afternoon, so hopefully that'll work...

 

Thanks,

[MarineClimateLover]

Read this: http://beijing.usembassy-china.org.cn/homeland_security.html - in particular the Immediate Relative Immigrant Petitions (I-130)

 

You'll make your own appointment via options on the American Embassy in Beijing website. To make the appointment go to the navigation bar at the top of the U.S. Embassy in Beijing website and hover your mouse over the U.S. Citizen Services section. The first option in the drop down menu will be Appointment System for American Citizen - click on that.

 

Scroll down a bit on the next site until you get to - ***To make or cancel an appointment, please click here.***.

 

Once you click on that you'll be asked whether you wish to make or cancel an appointment. Click "Make Appointment!"

 

That will bring you to a screen that asks what it is you'd like to make your appointment about. Choose Request notarial and other services not listed above.

 

Which finally brings you to the calendar. Here just choose the day you want to make your appointment for. Once you've done that you'll be taken to another screen where you choose the time slot you wish to go and other personal details such as your passport number and name etc..

 

Then watch your email and go to the embassy on the date you've made your appointment for.

 

A quick note - I just did this a few months ago for my wife and I seem to remember that the Dept. of Homeland Security, which handles the petitions, was only open on certain days and/or certain hours (I believe petitions were accepted in the mornings).

 

I'd recommend calling this number 8531 3000 (I've never been redirected to a voice mail box even once during the dozens of times I've called over the past few months dealing with my wife's green card and our son's transfer of citizenship when he was born), during normal business hours, and ask to be transferred to the American Citizen Services. Once you're speaking to someone there ask what days one can turn in an immigrant visa petition.

 

I'm also in Beijing and if you'd like specific help feel free to send me a message or just ask here.

 

rw - corrected link (removed trailing goobers)

Edited January 30, 2013 by Randy W (see edit history)

[Randy W]

The catch is that I think the American Citizen Services is Dept. of State, and not USCIS. At least in Guangzhou, they are at opposite ends of the floor layout on the fifth floor. But perhaps they can accommodate you anyway.

 

The contact methods for DHS in Beijing are listed as telephone, fax, and email. Others have submitted petitions at Beijing - perhaps they can weigh in with how they set up their appointment. Some have submitted the petition through another consulate, which would then mail it to Beijing.

 

From your link ( http://beijing.usembassy-china.org.cn/homeland_security.html ) - "Every person must make an appointment by phone, e-mail or fax . "

Edited January 30, 2013 by Randy W (see edit history)

[thezippy]

I finally got through to them. The phone number perpetually goes to a full voicemail box, but they replied to my email after a few days.

 

I've got an appointment for 2/21, the soonest available date.

 

Thanks!

[Fu Lai]

awesome

[thezippy]

So my appointment is this Thursday. Just wanted to do a quick check with the old pros on this list. Here's what I've got:

 

Everything in a big clear binder, with a TOC and each section tabbed to make it easy to get to.

 

1. Form I-130

1. Form G325A – myself (petitioner)

1. Form G325A – Chinese spouse

1. Form G1145

1. Copies of Passport and Chinese Visa – Me

1. Copies of Passport – Spouse

1. Notorial Translation of Red Books ("White book")

1. Copies of divorce documents (my previous marriage)

1. Explanation of Evolution of Relationship Letter written by myself, explaining how we met, moved in together 5 years ago, etc.

1. Affidavits in support of knowledge of
   relationship and marriage - six of them, all from US citizens

1. Documents in support of travel taken together - copies of airline tickets, matching visas for overseas travel, etc (5 years worth)

1. Documents Identifying spouse as beneficiary of financial holdings (i.e. 401k and life insurance policies).

1. Sample correspondence from during course of relationship (roughly 50 emails over past 5 years on a variety of subjects, everything from when we were apart to discussion of things like my son's schooling to invites from friends to parties or the like... essentially was trying to demonstrate how we're a typical relationship)

1. Photos demonstrating ongoing relationship and marriage (roughly 50 photos over past 5 years - holiday travel, with one another's families, some wedding photos, etc)

When I go I'll take the originals of our passports and red books.

 

Anything else ya'll would recommend or suggest? Anything I'm missing? I don't have any great documentation like joint lease or utility bills or anything like that because my company paid my rent and utilities.

 

Also - the I-130 checklist from the BJ office noted that all translated documents should have the following statement from the translator: "I hereby certify that I am fluent and competent in both English and Chinese and that I have translated teh attached document from Chinese into English. The translation is true and correct to the best of my knowledge." Signature & ID number. Our "white book" notorial translation of the red books doesn't have that exact phrase, though it does state it to be a true and accurate copy. When we called the translation office, they assured me that what they gave us is exactly what the embassy wants and what they've done zillions of times... but just wanted to see if y'all have any experience/thoughts on that.

 

Appreciate any further advice or tips before heading in this week.

 

Thanks,