Guide to IR-1 (DCF)

[kdavid3]

Candleforlove has been such a huge help. I've put together this guide to an IR-1 visa to share our experience and give back to the community. Hopefully it will serve as a centralized source of information for future IR-1 applicants.

 

This is a guide for Americans interested in getting their Chinese spouse an immigrant residence visa (i.e. a green card) for the United States. This guide is based on my experience of personally preparing and filing all documentation for the entire immigration process. All requirements, forms, etc. were current as of April 2014. Please ensure the forms enclosed herein are current at the time you file.

 

I am a firm believer of being over-prepared. As such, some of the documents I prepared early were not collected early in the process. For example, even though the criminal background check is collected until the visa interview, which is the final step in the process, I had it prepared at the time we filed the initial application directly with the embassy in Beijing. As such, while some of the documents I prepared (see the table of contents enclosed) were not required in advance, it is still a good idea that you prepare them.

 

Lastly, the information below is for filing for an IR-1 visa. Couples who have been married for longer than two years are eligible to file for an IR-1 visa.

 

Our Timeline

 

November 12, 2013: DCFed in Beijing

November 14, 2013: DCF approved and forwarded to Guangzhou

December 2, 2013: I-130 approved; asked to complete DS-260 online

December 30, 2013: DS-260 approved; asked to scheduled interview and complete medical

*April 7, 2014: Completed medical (morning) and picked up results the same day (afternoon)

April 10, 2014: Visa interview successful

April 22, 2014: Received passport (with visa) and immigration packet

 

*As my wife was pregnant at the time we received her notification to schedule the interview and medical, we opted to wait until after she had given birth before proceeding. This is because we did not want to expose the unborn child to any medical risks, regardless of how small, via x-rays, vaccinations, etc. Had we proceeded with the interview after receiving the notification on December 30^th, it is very likely we would have completed everything within just two months’ time.

 

Step One: Start Preparing Before you Start Preparing

 

Part of the application process requires proving that your life in America will be better than your life in China. This also requires proving that you have maintained a residency in America while you have been abroad. Historically, applicants have been rejected both because A) The immigration officer believed the life the couple/family had in China was better than what they could have in America (i.e. property and lots of income in China, but none in America) and B) the petitioner (i.e. the American citizen filing on behalf of his/her spouse) had failed to maintain sufficient ties to America.

 

Additionally, part of the application process requires providing tax records. Regardless of where your income originates, all American citizens are required by law to submit a tax return each year. If you cannot provide at least three years of tax returns, your case will likely be thrown out. Tax records not only illustrate that you have maintained ties with America, but also show the immigration officer that the beneficiary (i.e. the Chinese spouse being issued the visa) will not become a public charge (i.e. that he/she will not move to America and then immediately apply for welfare).

 

So, what does all this mean? It means that before you consider beginning the immigration process, you should ensure that all your ducks are in a row years in advance. To do so, ensure you are doing the following:

 

1. Maintain a US residence

 

This does not mean that you must own property in America. Maintaining a residence simply means that you have a home in America. While this could be property that you own, it could also simply be a mailing address to where various entities post bank statements, credit card bills, magazines, etc. I used my mother’s address. I’ve continued to have mail sent to this address while I’ve been abroad. This is also the address I use whenever registering for various services (e.g. credit cards), etc.

 

1. Maintain a US bank account

 

Maintaining a bank account in good standing helps satisfy the residence criterion discussed above.

 

1. Own (and regularly use) a US credit card

 

Maintaining a credit card account in good standing helps satisfy the residence criterion discussed above. Regular use and repayment of a credit card also illustrates that you value maintaining a good credit score, which is important for purchasing a home or car in America, etc.

 

1. File your taxes each year that you are abroad

 

As an American citizen, you are required by law to file taxes each year even if you do not earn any income (e.g. you are studying abroad). The final stage of the immigration process also requires that you provide tax returns for the last three to five years.

 

1. Keep a photo album

 

Another part of the application process is providing evidence of a bona fide marriage (i.e. that your marriage is legitimate). Photos are an excellent way to illustrate that your relationship is legitimate and has been established for some time. Take regular photos of you two with friends and family, Chinese and foreign, and on vacation, etc. If you have, or are planning on having, children, take photos throughout the pregnancy as well. These will be needed when applying for the child’s American citizenship and passport.

 

1. Plan your “exit strategy”

 

As mentioned above, you will have to prove to the visa officer that the beneficiary will not become a public charge. The only way of doing this is by proving that you have regular income in America which exceeds the poverty line.

 

The specific figure used by the visa officer is 125% of the poverty line. For example, if the poverty line is US$25,000, you will need to prove that you have an annual income of at least US$31,250. As the poverty line changes each year, you’ll need to do the math at the time you apply. Also note that having children increases this amount. The 125% is for the beneficiary only. If you have children, you’ll need to exceed this.

 

Many sources state that while income per se is not the deciding factor, it is certainly the visa officer’s most concrete factor in assessing whether or not the beneficiary will become a public charge. Many sources also state that substantial savings may be considered in lieu of income (e.g. perhaps you do not have a job lined up prior to departing for the States). However, to share some personal details, substantial personal savings and liquid assets which exceeded the poverty guidelines were insufficient in our case and a joint sponsor (i.e. someone who assists the petitioner in sponsoring the beneficiary) was required. Luckily, I was prepared and had had my mother fill out a joint-sponsor I-864.

 

So, how does this coincide with an exit strategy? Essentially, you will need to know what you are going to do for employment in America prior to beginning the application process. It would be best if you already had a job, had received a W-2 from your American employer, and also had a letter from your American employer commenting on the security of your position, etc. Without this, you will need a joint-sponsor who will be jointly responsible for the beneficiary.

 

Step Two: Direct Consulate Filing (I-130)

 

As the beneficiary is a Chinese citizen, his/her application is eligible for Direct Consulate Filing. This cuts out a huge step involving the United States Citizenship and Immigration Services (USCIS) and National Visa Center (NVC). Beneficiaries who are not citizens of countries which allow DCF can wait up to eighteen months for their application to be approved. - this paragraph is not correct - see below

 

In order to file your application directly with a nearby consulate, you will need to prepare and bring the following documents:

 

1. Evidence of petitioner’s American citizenship
   1. Copy of petitioner’s passport
   2. Copy of petitioner’s birth certificate

1. Evidence of petitioner’s domicile (i.e. that you’ve maintained a residence in the US)
   1. Copies of petitioner’s financial records
      1. Copies of petitioner’s American tax returns, financial statements (e.g. savings account statements, credit card statements, IRA statements, etc.)

1. Evidence of a bona fide marriage
   1. Photo album
   2. Copies of marriage certificates
   3. Copies of child(ren)’s passports, birth certificates, Consulate Report of Birth Abroad (CRBA) certificate

1. Beneficiary’s G-325A Form

 

1. Petitioner’s G-325A Form

 

1. I-130 Form

 

1. G-1145 Form

 

1. Documents proving petitioner’s eligibility to file at the Beijing American embassy. In order to be eligible for DFC, the petitioner must have resided in China for six months prior to filing. The document used to satisfy this criterion is a copy of your resident permit/visa.

1. 2 passport photos for the beneficiary

 

1. 2 passport photos for the petitioner

 

1. Cover letter outlining the contents of your application (see example enclosed herein)

Once you have prepared the following, make an appointment with American Citizen Services (ACS) with the nearest US embassy or consulate. I chose to file with the Beijing embassy even though the Shenyang consulate is closer to my home in China. This is because the Shenyang embassy would have to forward the documents to Beijing for processing.

 

You will notice in my cover letter that I had prepared a number of documents not included above. This is because some documents I had prepared were not required at that time. You can choose whether or not to prepare these items in advance. As stated above, you will need them all at one point or another.

 

Step Three: DS-260 (online)

 

Approximately four to six weeks after you file with the embassy, you will receive an email from the Immigration Visa Unit of the US Consulate General in Guangzhou. This email will outline the next steps in the immigration process.

 

The email is very detailed. As long as you follow the directions, this step will go smoothly.

 

Briefly, the actions required in this step include:

 

1. Completing the DS-260 application online. This is an online form, as such it is not included herein.

 

1. Registering a document pick-up location via http://ustraveldocs.com. Note that this address is both a pick-up and drop-off location. You’ll drop off the supplemental documents requested in the email and pick-up the beneficiary’s passport and immigration packet once the visa has been issued.

1. Prepare supplemental documentation (if required) and drop this documentation off at the address registered above. We were only required to submit a scan of my wife’s passport, a copy of the pick-up registration document (which you’ll get once you register on the website), and two passport photos.

 

Print and save a copy of this email for future reference. You will need to take it with you on the days in which you do the medical and immigration interview.

 

Step Four: Medical and Interview

 

Approximately four weeks after submitting the DS-260 online and the supplemental materials via中信银行, you should receive another email from Immigration Visa Unit to schedule your medical and interview. This email includes a link to the website where you’ll schedule the interview. It’s the same website you will have used in step three. Medicals are not scheduled in advance. You simply show up and take a number. Hundreds of people do the medical exam each day. As such, it is important that you arrive early. To give you an idea of how many people do the medical each day, we were one of the first people in the door that morning and drew number 41.

 

Medicals can be done in Beijing, Shanghai, and Guangzhou. Immigration interviews for Chinese citizens immigrating to the US are only held at the consulate general in Guangzhou. To save time and money, many people choose to travel to Guangzhou for the medical on Monday or Tuesday and schedule their interview for Wednesday or Thursday. If the medical is done early in the morning (e.g. at 7 am when they open), the results are available the same afternoon. This allows you to get everything done in one trip as opposed to doing one trip for the medical and another for the interview.

 

The medical examination is thorough. If the beneficiary does not have records of prior immunization, then immunizations will be required. In my wife’s case, even though she had had the required immunizations as a child, the hospital at which she received the immunizations did not keep good medical records. As such, she was unable to provide evidence of immunization and required to receive the immunizations once again.

 

The interview was also very straight forward. My wife would have been done much faster had the visa office not had so many questions regarding our financial situation and required a joint sponsor in the end. (Many of the extra questions asked concerned me returning to school in the fall and how we’d support ourselves while I pursued my Ph. D.) Some individuals are done in as little as two minutes. My wife’s took a little under ten minutes.

 

For the medical examination, you must prepare and bring with you:

 

1. Copies of the two emails sent to you by the Immigration Visa Unit (i.e. the one giving instructions for the completion of the DS-260 and the one allowing you to schedule your medical and visa interview).

 

1. Copy of the visa interview confirmation page (you’ll get this once you schedule your interview).

 

1. Six two-inch passport photos with a white background (the picture should be taken without glasses, if the beneficiary wears glasses).

 

For the interview, you must prepare and bring with you:

 

1. Forms:
   1. Visa appointment confirmation
   2. I-864 (completed by petitioner)
   3. DS-260 Consular Electronic Application Center - Print Application
   4. DS-260 Immigrant Visa and Alien Registration - Confirmation Page

 

1. Notarizations and translations (see example of format required by the US embassy attached):
   1. Notarization/translation of beneficiary’s birth certificate
   2. Notarization/translation of beneficiary’s hukou
   3. Notarization/translation of beneficiary’s criminal background check
   4. Notarization/translation of beneficiary’s marriage certificate
   5. Notarization/translation of petitioner’s marriage certificate
   6. Notarization/translation of child(ren)’s birth certificate

 

1. Proof of bona fide marriage:
   1. Photos
   2. US Consular Report of Birth Abroad for children (if applicable) (copy)
   3. Child(ren)’s passport’s biodata page (if applicable) (copy)
   4. Any other evidence which proves the legitimacy of your relationship (e.g. marriage certificates, joint apartment/housing lease, matching passport stamps for travel abroad, etc.)

 

1. Financials:
   1. Petitioner’s 1040 tax returns (at least three years)
   2. Petitioner’s savings account statements
   3. Letter from petitioner’s US employer (if applicable)
   4. Beneficiary’s savings account statement
   5. Misc. financials (e.g. IRA statements, etc.)

1. Supplemental Financials (if required):
   1. Joint-sponsorship I-864 (completed by petitioner’s relative)
   2. Joint-sponsor’s passport biodata page (copy)
   3. Joint-sponsor’s 1040 tax returns (at least three years)

 

1. Copies:
   1. Beneficiary’s passport biodata page (copy)
   2. Beneficiary’s national identification card (copy)
   3. Petitioner’s passport biodata page (copy)
   4. Petitioner’s birth certificate (copy)
   5. Petitioner’s Chinese resident permits (copy)

 

1. Miscellaneous:
   1. Beneficiary’s six 2-inch passport photos
   2. Beneficiary’s resume
   3. Copies of two emails sent by Immigration Visa Unit

 

The beneficiary will be required to pay for the visa immigration interview prior to the interview. This fee is not refunded if the interview is unsuccessful.

 

If successful, the beneficiary will submit his/her passport. It will be returned via post to the 中信银行 within 15 business days. The visa will be included in the returned passport as will be the immigration packet. This packet must remain sealed until it is handed over to the border official upon entering the United States.

 

Altogether, the process is straightforward and painless. Hopefully the information provided above can assist you in this process.

 

Good luck!

[Randy W]

Thanks for the VERY detailed write-up. I'll put a link to this in our pinned topics so that it'll be handy for reference.

 

A couple of notes

Lastly, the information below is for filing for an IR-1 visa. Couples who have been married for longer than two years are eligible to file for an IR-1 visa. You APPLY for an Immediate Relative visa. The determination of CR-1 vs. IR-1 is made at the POE. CR-1 will get a two year conditional green card, while an IR-1 will get a 10 year green card.

1. File your taxes each year that you are abroad - you are required to file only if your income is above a taxable amount - BEFORE the Foreign Earned Income Exclusion. However, the immigrations officer may still require tax returns for specific years (up to three). If you owe no tax, there is no penalty or fee for late filing - nor is there any reason to wait for tax transcripts. Copies of the tax returns are just as valid for submission with the I-864.

 

As an American citizen, you are required by law to file taxes each year even if you do not earn any income (e.g. you are studying abroad). The final stage of the immigration process also requires that you provide tax returns for the last three to five years.

 

. . .

Step Two: Direct Consulate Filing (I-130) - the petitioner must include proof of Chinese residence at the time of filing. As of Dec., 2011, no mention is made of the six month requirement. The beneficiary's visa application (DS-260) is ALWAYS filed with the Guangzhou consulate, even for those I-130 petitions which were submitted stateside. The beneficiary need not be Chinese.

 

As the beneficiary is a Chinese citizen, his/her application is eligible for Direct Consulate Filing. This cuts out a huge step involving the United States Citizenship and Immigration Services (USCIS) and National Visa Center (NVC). Beneficiaries who are not citizens of countries which allow DCF can wait up to eighteen months for their application to be approved.

 

. . .

Once you have prepared the following, make an appointment with American Citizen Services (ACS) with the nearest US embassy or consulate. I chose to file with the Beijing embassy even though the Shenyang consulate is closer to my home in China. This is because the Shenyang embassy would have to forward the documents to Beijing for processing. - Beijing and Guangzhou are the only consulates with USCIS offices. Other consulates, like you say, will accept your petition (and payment) and forward it to the appropriate USCIS office

 

中信银行 is CITIC Bank

 

 

 

Many sources state that while income per se is not the deciding factor, it is certainly the visa officer’s most concrete factor in assessing whether or not the beneficiary will become a public charge. Many sources also state that substantial savings may be considered in lieu of income (e.g. perhaps you do not have a job lined up prior to departing for the States). However, to share some personal details, substantial personal savings and liquid assets which exceeded the poverty guidelines were insufficient in our case and a joint sponsor (i.e. someone who assists the petitioner in sponsoring the beneficiary) was required. Luckily, I was prepared and had had my mother fill out a joint-sponsor I-864.

 

 

I think this is a very important point to make. Many sites over-emphasize the ability to use savings and/or assets to make up for an earnings shortfall. While it's nice to have enough money in the bank to be able to purchase a Lamborghini, that hardly helps the officer see that you are capable of shouldering the responsibility you are about to undertake.

 

It's hard to understate the importance of earnings capacity. Sometimes an active job search with viable leads can serve to satisfy the public charge concern.

[Randy W]

As far as the Foreign Earned Income Exclusion, many Expats make the mistaken assumption that it allows them to Exclude Foreign Earned Income. IT DOES NOT. You REPORT your foreign earned income on the Form 2555, and will actually pay taxes on it IF you also had U.S.-based income to report during the same year. Taxes on your Foreign Earned Income are figured using the Foreign Earned income Exclusion worksheet, which is in the 1040 instructions.

[dan1984]

Great write-up, saved!!

[dnoblett]

Good write up on a Petition filed to the consulate, I added (DCF) to the topic title, and tags, so that others know that this is a DCF process not a stateside process.

[yanglan]

1. Cover letter outlining the contents of your application (see example enclosed herein)

 

 

Hi kdavid3, thanks for your detailed post! I'm finding it very helpful in the preparation of my own application.

 

I don't see where you've attached your cover letter. Could you please add it?

[dnoblett]

 

1. Cover letter outlining the contents of your application (see example enclosed herein)

 

 

Hi kdavid3, thanks for your detailed post! I'm finding it very helpful in the preparation of my own application.

 

I don't see where you've attached your cover letter. Could you please add it?

 

Use this one http://www.visajourney.com/examples/Cover_Letter_for_I-129F.doc (Change it to fit the I-130)

 

 

Cover_Letter.doc

[eikogs]

Could someone tell me how long it takes to get a Social Security Number if you apply for one with the Visa?

 

 

 

 

Three weeks, to possibly never. There is no guarantee that you will receive one that way

[Randy W]

Could someone tell me how long it takes to get a Social Security Number if you apply for one with the Visa?

 

 

It usually won't come that way - you can wait for 2 to 4 weeks to see if it comes in the mail, and then go to the office and apply for one yourself.

 

Or you can apply for one yourself as soon as your immigration records show up on the SS computer, sometimes in less than 2 weeks.

[heohoel]

Is the hukou translation really necessary? This guide is really the only one Ive found that mentions that it needs to he included...

[yanglan]

 

Prepare supplemental documentation (if required) and drop this documentation off at the address registered above. We were only required to submit a scan of my wife’s passport, a copy of the pick-up registration document (which you’ll get once you register on the website), and two passport photos."

 

In the email we received from GuangshouIVAppoint@state.gov it did not say we needed to submit the document I've bolded. Under "How to Submit Required Materials" it was included as step 1: "You must register a location for document pick-up by selecting the “Select Document Delivery Address” option in the Immigrant Visa Section of http://ustraveldocs.com"

 

The only items the email told us to include were the following:

• DS-260 confirmation
• Passport bio page copy
• 2 Passport photos
• IV Pre-interview Document Submission Cover Letter

Hopefully this isn't a big deal. I really wish the government could get its act together and provide EXACT instructions on what each specific immigration case type needs to do at every step along the way. The current hodgepodge of instructions scattered across multiple sites with conflicting information just adds to the huge amount of stress we're all dealing with to be with our loved ones. They really should be paying the helpful folks here for minimizing the number of incorrect applications they'd otherwise receive.

 

While I'm here, is anyone aware of the average wait time from DS-260 CITIC submission to receiving the email that allows us to set an interview date?

Edited January 13, 2015 by yanglan (see edit history)

[dnoblett]

Is the hukou translation really necessary? This guide is really the only one Ive found that mentions that it needs to he included...

No.

 

The hukou is used to obtain a foreign birth cert, and this is not needed when filing the I-130, the birth cert will be needed later either by NVC and at the visa interview.

[yanglan]

Following up on my previous post, we just received an email from GZ with interview setup instructions. Nothing was mentioned about us not including the pick-up confirmation document.

[ferg9]

Is evidence of domicile in the US, ie. financial records, tax returns, necessary when filing the I-130? I thought that was only required for the interview process?

[Randy W]

Is evidence of domicile in the US, ie. financial records, tax returns, necessary when filing the I-130? I thought that was only required for the interview process?

 

 

The visa itself is optional - evidence that you HAVE is helpful. Evidence that you DON"T have, of course, can't be submitted. The I-864, including domicile evidence, is submitted during the consulate stage or at the interview.