Leaving PRC immediately after I-130 filing- Problems?

[xiangyixiang]

hi all

just found this forum and relieved to see there is a community put there for advice/support

i am a US citizen in SH with a residence permit for work (Z). i may transfer to my company's HK office this year

if i submit the I-130 at the USCIS BJ office, immediately move to HK (work visa), and my wife moves with me (HK spousal visa), is there any negative consequence to the immigration process for my wife (PRC citizen)?

if so, then is that negative consequence eliminated if she continues to reside in SH (we would maintain and apt there, she would get a HK spousal visa but not move with me, she and I would visit each other often)

[warpedbored]

Welcome to CFL. The best place on the web for visa information as it pertains to China. Hong Kong is still China so I doubt there will be any problems. You didn't mention how soon you want to move to the US. Having a permit to live and work in China entitles you to file a DCF. The fastest of all visas. 4-6 months usually. You might want to wait until you're settled in HK before filing. Unless things have changed since I last heard your wife would have her interview in HK. If you file in the mainland her interview would be in Guangzhou. Check out the DCF forum. There's lots of good info there.

[xiangyixiang]

hi warpedbored,

thanks for the reply

i actually feel safer filing in BJ bc there is always more uncertainty when moving to a new role/job/location. what is it doesn't work out?

and since i definitely have a residence permit now, it just seems to be safer

so assuming that i submit the I-130 in BJ, do you have any thoughts on the concerns i raised in my original post?

to answer your question about moving to the US, we would want to by the end of the year.

my understanding is that one has 6 months after the immigration visa is granted to move to the US so i think year-end makes sense in terms of timing, right?

[Randy W]

The Hong Kong consulate would not accept a DCF. This can only be done in some countries, not all.

 

 

Filing Immigrant Petitions Outside the United States

Certain petitions may be filed at U.S. Citizenship and Immigration Services (USCIS) offices abroad, but these locations are limited in number. Review the list of International Offices on the USCIS website to determine if a USCIS office is located in the country where you reside.

 

If you reside in a country with a USCIS public office, you may either file Form I-130, Petition for Alien Relative, with that office or with the USCIS Chicago Lockbox at one of the addresses below. See USCIS Centralizes Filing of Form I-130.

 

 

 

 

But your residence information used for filing the petition is not kept in the file - once the petition has been accepted, what you do, where you move, etc., has no effect except as it pertains to the domicile issues at the time of the interview.

Edited March 10, 2015 by Randy W (see edit history)

[Doug]

So, should he go alone, or they together to HK, after filing the DCF? Or he file and go to HK, then she follow just a little later?

 

Hello xiangyixiang and welcome to CFL. I actually know nothing, but welcome.

 

I do wonder, all you good experts, what about showing support in the USA, since he works in China/HK? I wonder this about every DCF.

[warpedbored]

You could still file the I130 in HK you just can't file for DCF. It would have to be sent stateside. Moving in the midst of filing could cause problems. You may be able to file DCF in Guangzhou while living in HK. She would interview in GZ regardless if you file in Beijing.

[Randy W]

Their residence (Beijng or Hong Kong) at the time of filing will determine WHERE they file it. Hong Kong residents need to file through the Chicago lock-box - they would need to show evidence of living under the Guangzhou consulate's jurisdiction in order to file there. Hong Kong is a separate jurisdiction.

 

Once the I-130 is filed, your places of residence are immaterial, except that you need to be able to receive communications from the Consulate, AND you will need to show evidence of establishing a U.S. domicile by the time of the interview. I recommend that, as a MINIMUM, you be able to show an ACTIVE job search - with job possibilities and/or interviews and OFFERS - EVEN if you have a co-sponsor lined up.

[xiangyixiang]

hi all, thanks for your advice

it sounds like if I want to to DCF then I must file while I have a PRC residence permit - since I currently reside in SH then it would be at the BJ consulate

if I were to move to HK and receive a work visa there, that is fine but I need to maintain an address to receive notifications on the process in PRC (prob best thing is to keep my current SH apt) with the consideration of an active job search for a US job (or better yet an actual job offer) for domicile considerations

But to be practical, my wife would likely stay in SH in order to receive notices (which would be the case if I went back to the US immediately after filing anyway) and visit me with a spousal visa in HK on an ad hoc basis or I visit her on an ad hoc basis

what do people think of that idea? does it make sense?

[dnoblett]

hi all, thanks for your advice

 

it sounds like if I want to to DCF then I must file while I have a PRC residence permit - since I currently reside in SH then it would be at the BJ consulate

 

if I were to move to HK and receive a work visa there, that is fine but I need to maintain an address to receive notifications on the process in PRC (prob best thing is to keep my current SH apt) with the consideration of an active job search for a US job (or better yet an actual job offer) for domicile considerations

 

But to be practical, my wife would likely stay in SH in order to receive notices (which would be the case if I went back to the US immediately after filing anyway) and visit me with a spousal visa in HK on an ad hoc basis or I visit her on an ad hoc basis

 

what do people think of that idea? does it make sense?

 

Makes sense, also be aware, DCF tends to be a short process, 4-5 months total you can prolong it by delaying when you do the DS-260 when GUZ sends out notice that they received the case from USCIS BJ, so you better be prepared with US domicile evidence for your I-864 needed for the visa interview.