Use DCF or not?

[Kasyl]

Hey everyone,

So I'm at a crossroads here. My wife is a Chinese citizen. We got married while she was here in the US, and she has now returned to China. I am moving to China (Guangzhou) in 4 days to work. Given the situation, I can choose two things here: potentially go through DCF or just submit an I-130 before I leave this week.

I think the safe route is to just submit the I-130 here. However, I'd really prefer DCF if I can get things to work out (for timing reasons). The key is that the embassy/consulates in China require that one lives in China for 6 months (e.g. working) before one can qualify to go through the DCF process.

Does anyone have any experience with doing DCF in China more recently? I read that the rule is not always strictly enforced. If I have a work permit, will they potentially allow me to file through DCF even before the 6 month minimum? If we go through filing an I-130 now, then how long will that take? I've seen a few other people on VisaJourney forums and other places whose time between filing and entry into the US only took ~7-9 months (from China). If we can pull of the same time, then it's no problem, but it'd be rather unfortunate for us if it takes longer than that. The goal is to be able to come back to the US in July or August of 2015.

Thanks,

Dan

[Randy W]

Direct Consular Filing of I-130 - http://guangzhou.use...n-relative.html
Direct Consular Filing is informally referred to as DCF, although neither the Dept. of State nor the USCIS uses this notation.

Prior to Dec., 2011, the wording on their site was

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.

- and -

Required Documents

Evidence of the petitioner’s residence in China. This may include:

• A Residence Permit for Foreigner in the People’s Republic of China (居住许可).
• A Chinese visa (签证) in the categories of D, J1, Q1, S1, X1 or Z.
• Please note that U.S. citizens whose principal residence is not China and/or are abroad for a short-term visit as a tourist or on business must file their I-130 petition with the Chicago Lockbox. For example, temporary travelers under L, M or F Chinese visas will generally not qualify for direct filing with the Guangzhou Field Office.

 

 

 

Filing Procedures

 

Petitions filed with the Guangzhou Field Office must be submitted in-person (i.e. petitions may not be filed by mail). I-130 filing appointments may be made Tuesday and Thursday afternoons via our InfoPass website. Alternatively, petitions may be filed on a walk-in basis during our customer service window hours of 8:30 - 10:30 a.m. every Friday. Please be advised that scheduling an InfoPass appointment is the more expeditious method of filing your I-130 as you will be afforded an individualized appointment and wait times will be considerably less than filings made during our general customer service window hours. Please note that the Consulate is closed on US and local holidays.

 

It is only necessary for the petitioner to be present at the time of in-person filing. The beneficiary’s presence is not required, although it may be helpful if additional information should be needed.

 

A fee of $420 is required at the time of filing. The fee may be paid in U.S. dollars, Chinese RMB or credit card. Please be advised that checks (personal, travelers, certified, etc.) and money orders are not accepted.

 

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."

[warpedbored]

DCF is the fastest of all spousal visas. We have a few members here who are familiar with the process. One will be along to give you more information. Average time is around 6 months where filing an I-130 stateside. is about a year. Some issues you will face for DCF are income and domicile. Will you be working for the same company when you come back? Will your income be at least 125% of the federal poverty guidelines while you're in China?

[Kasyl]

Wow, thank you a ton Randy! I guess I should have not relied on indirect information from other websites. I had looked at the Guangzhou consulate page a little, but not thoroughly.

 

So, it looks like I'll definitely go with DCF.

 

Warped: The income and domicile parts won't be a problem, I have those parts covered. Coming back, I would not be working for the same company, but if necessary I can have family act as co-sponsors.