Waiting times and clarification for next steps

[talsi]

Hi,

I'm a foreigner living in Beijing, married to an American citizen. I know this forum is dedicated towards Americans with Chinese spouses, however, I figured I’m still likely to get the most helpful responses here.

First, I'm a bit confused in regards to the waiting times for each stage and the overall process. We just submitted the I-130 package at the Beijing USCIS office 2 days ago. When we asked how long it would take we were told we should expect to hear back from them within 3 months and that the whole process could take up to a year or even longer. We are hoping to move to the US sometime around June-August, which leaves us less than a year. I recently came across several posts, where people claimed the process within China took them up to 6 months and even less at times, so needless to say, I was a bit shocked at their response. Have things changed recently or am I treated differently for being a foreigner perhaps?

Also, I’d really appreciate it if someone could explain to me in detail the next steps that follow the USCIS I-130 petition or direct me to a useful link. I’m not quite clear as to what exactly needs to be submitted from now on and where. I would like to start preparing everything so that we can continue with the process as soon as the petition is approved.

As for the evidence of support, due to the fact that my husband didn’t live in the US throughout his adult life, he never filed tax returns. Therefore, we have quite a lot of work cut out for us. Is anyone familiar with a good American accountant in Beijing who they can recommend?

Last but not least, my current workplace isn’t able to provide me with a working visa and so I have been working on a spousal visa as of late, which I know isn’t exactly legal. Could that be held against me at any stage? I could always say that I work as a consultant or freelancer.

Any advice, information and tips on expediting this process from this great community would be much appreciated!!!

[Randy W]

The "up to a year" comment is typical historically, but recent filings have gone MUCH quicker. You may hear back that your petition has been forwarded to Guangzhou within weeks. The June-August time frame should be easily met, unless your situation holds things up.

 

Your husband is NOT exempt from filing tax returns, unless he earns less than the minimum required to file (somewhere under $10,000USD). The Foreign Earned Income Exemption DOES NOT APPLY, unless he files a return to claim it. Get this take care of NOW. Sorry I can't recommend any accountants, but forms to be aware of are the 2555, and the Foreign Earned Income Tax Worksheet that is in the 1040 instructions. For my own returns, I filed a Form 4852 Substitute for Form W-2 for any income from Chinese sources.

 

Your working situation is unlikely to cause any problems with the process.

 

The process in Guangzhou is in a state of flux between the move to the new facilities, and the use of a online service CGI Stanley, but the actual documents to submit hasn't changed much. Be careful to follow the directions you receive, since they may be different from someone else's experience. You might familiarize yourself with the www.ustraveldocs.com website.

[Randy W]

You might study some of these topics - http://candleforlove.com/forums/tags/forums/DCF/ - especially the most recent ones.

 

The CGI Stanley website (ustraveldocs.com) has been in use only since March of this year. Another change is that they no longer use the DS-230 Visa Application form. You will instead submit an electronic DS-260. The new consulate opened in July 2013. Document submission may be through a CITIC Bank - see if you can't find one through the ustraveldocs website near you that will accept consulate submissions. Some have reported "mailing" documents directly to the consulate. BE SURE TO FOLLOW THE INSTRUCTIONS YOU'RE GIVEN.

[talsi]

Randy,

Thanks so much for your quick response and all the information.

 

Tal

[Randy W]

Welcome to CFL - hope you can stick around for awhile

[talsi]

Thanks, Randy.

 

From what I understand, the following steps are correct for the US process. Could you please tell me how does the process in China differentiate? I don't quite understand whether the documents and forms collected from now on will need to be sent prior to the interview at the consulate, or only submitted then?

1. File petition
2. USCIS approves it, no interview
3. USCIS sends to NVC
4. NVC requests documents and affidavit of support
5. NVC sends to consulate
6. Consulate sets appointment
7. Beneficiary does a medical
8. Beneficiary interviews for visa
9. Consulate issues visa.

[Randy W]

 

Thanks, Randy.

 

From what I understand, the following steps are correct for the US process. Could you please tell me how does the process in China differentiate? I don't quite understand whether the documents and forms collected from now on will need to be sent prior to the interview at the consulate, or only submitted then?

1. File petition
2. USCIS approves it, no interview
3. USCIS sends to NVC
4. NVC requests documents and affidavit of support
5. NVC sends to consulate
6. Consulate sets appointment
7. Beneficiary does a medical
8. Beneficiary interviews for visa
9. Consulate issues visa.

 

 

Dan usually fills in some details here.

 

I'll mention that the USCIS CAN (and sometimes does, although very rarely) request an interview.

 

Your case will be forwarded from the Beijing USCIS office directly to the consulate. The documents requested by NVC will instead be sent to the consulate.

 

You will need to schedule your own interview appointment through the ustraveldocs.com website. The available dates can be somewhat sparse, or even not available at all - check often, but don't actually schedule your date until you are told to do so.

 

The visa will be set to expire six months after the date of the medical exam, so you will want to have the exam close enough to the interview date to accommodate your travel plans.

Edited October 18, 2013 by Randy W (see edit history)

[dnoblett]

DCF

• File petition
• USCIS (Beijing or Guangzhou) accepts it, sometimes requiring an interview before approving.
• USCIS (Beijing or Guangzhou) forwards the case to the Immigrant Visa Unit in Guangzhou Consulate.
• GUZ sends out instructions as to what to do next, usually directing you to the US Travel Docs ( CGI ) site for the next steps. http://ustraveldocs.com/cn/cn-iv-visaapplyinfo.asp
• Prepare Documents and Medical per CGI http://ustraveldocs.com/cn/cn-iv-preparedocuments.asp#PrepareDocuments
• CGI Stanley instructs to gather apropriate documents (Police reports, Birth Cert, Marriage Cert, Medical and Vaccination reports etc.) and bring them to a CITIC bank branch to be packaged and forwarded to the consulate.
• Pay Visa Fee at CITIC bank: http://ustraveldocs.com/cn/cn-iv-immigrantkvisa.asp
• Schedule interview on CGI site: http://ustraveldocs.com/cn/cn-iv-appointmentschedule.asp
• Interview at consulate
• Consulate will send documents and Visa to address specified on CGI site: http://ustraveldocs.com/cn/cn-iv-documentdelivery.asp
• Depending on situation consulate may need additional time after interview to complete processing ( AP ) for example if beneficiary had to join communist party ( CCP ) for work reasons, some professional jobs require party membership, do not lie about this, be honest, and you will get the visa after the normal AP process.

[talsi]

Hi Dan, thanks so much. That's the exact information I was looking for.

[warpedbored]

One thing nobody mentioned is police reports. You mentioned you are a foreigner living in Bejing. You will likely need police reports from your own country as well.

[talsi]

Hi, thanks. I was actually aware of that. If I'm not mistaken, the beneficiary is required to provide a certificate of no criminal conviction for each country he/she has lived in for over a year from the age of 16, is that correct?

Does anyone know how foreigners can apply for a local certificate in China?

[Randy W]

Police Certificates for Foreigners Living in China

If you need a police certificate for any reason from having lived in China, it may be possible to obtain one from the local PSB Entry and Exit Bureau. You will need a Chinese work permit and a letter from your employer. Contact the PSB folks for the details of what they need.

You WILL NOT need one for the US visa process, unless you are notified otherwise.

from the British embassy

http://ukinchina.fco...-other-services

Quote

If you wish to obtain a criminal record clearance from the Chinese authorities, you will need to apply for a Certificate of No Criminal Record 无犯罪记录证明

* To apply for a certificate while you are resident in China, you should apply to your local Public Security Bureau.
* To obtain a certificate after you have left China you should contact the local PSB. However you can also try service companies that offer services to help foreign residents.
* In Shanghai's district (Including municipality of Shanghai, provinces of Jiangsu, Anhui and Zhejiang), the local Notary Public is responsible for issuing such a certificate.
* In Guangzhou and Shenzhen, the local Notary Public is responsible for issuing such a certificate.
* In Chongqing's district (Including municipality of Chongqing, provinces of Sichuan, Yunan and Guizhou), the nearest police station (to be visited first) and the local Notary Public are both responsible for issuing such a certificate.
* In Beijing, the Shuang Xiong company offers this service for current or former residents of Beijing

Their contact details are:

No.3 Dongdajie (100m east of Public Security Bureau), Andingmen, Dong Cheng District
Tel: +86 10 6402 7616 / 6402 7596; Fax: +86 10 6402 7596
website: www.shuangxiong.com.cn (not current - 9/7/2011)
Email: shuangxiong516@sina.com

[Randy W]

Police Certificates for Foreigners Living in China

 

 

If you need a police certificate for any reason from having lived in China, it may be possible to obtain one from the local PSB Entry and Exit Bureau. You will need a Chinese work permit and a letter from your employer. Contact the PSB folks for the details of what they need.

 

You WILL NOT need one for the US visa process, unless you are notified otherwise.

 

from the British embassy

 

http://ukinchina.fco...-other-services

Quote

If you wish to obtain a criminal record clearance from the Chinese authorities, you will need to apply for a Certificate of No Criminal Record 无犯罪记录证明

 

* To apply for a certificate while you are resident in China, you should apply to your local Public Security Bureau.

* To obtain a certificate after you have left China you should contact the local PSB. However you can also try service companies that offer services to help foreign residents.

* In Shanghai's district (Including municipality of Shanghai, provinces of Jiangsu, Anhui and Zhejiang), the local Notary Public is responsible for issuing such a certificate.

* In Guangzhou and Shenzhen, the local Notary Public is responsible for issuing such a certificate.

* In Chongqing's district (Including municipality of Chongqing, provinces of Sichuan, Yunan and Guizhou), the nearest police station (to be visited first) and the local Notary Public are both responsible for issuing such a certificate.

* In Beijing, the Shuang Xiong company offers this service for current or former residents of Beijing

 

Their contact details are:

 

No.3 Dongdajie (100m east of Public Security Bureau), Andingmen, Dong Cheng District

Tel: +86 10 6402 7616 / 6402 7596; Fax: +86 10 6402 7596

website: www.shuangxiong.com.cn (not current - 9/7/2011)

Email: shuangxiong516@sina.com

 

 

The link is the one I had originally copied the information from the British embassy website. Looks like they've changed the website, but I least I had copied the pertinent information.

[talsi]

I was actually referring to the Green card process, otherwise, I have no need in it. From your knowledge, the consulate doesn't require a Chinese certificate from foreigners? Even if I have been living in China for the past 4 years?

[talsi]

p.s. I am the beneficiary, not the petitioner.