DCF Petition i-130 Question

[nathansanchez]

I arrived in China on July 7th of this year, and exactly 180 days after that (6 months) is January 3rd. The only time I am able to go to GZ is that first week in January (Jan 4-10) because I have exams the next week. I used the InfoPass website to schedule a petitioning appointment, and I am planning to be in GZ for a week (my sister just go happens to live there, so thats nice) from Jan 4-10.

 

My question is: The only day for appointments within that time frame was January 5th. Two days before the actual CALENDAR year 6 months in China but 2 days AFTER the 180 day mark of being in China. Will the CO give me a hard time for not being there for 6 CALENDAR months, or will he let it pass?

 

 

[Randy W]

I arrived in China on July 7th of this year, and exactly 180 days after that (6 months) is January 3rd. The only time I am able to go to GZ is that first week in January (Jan 4-10) because I have exams the next week. I used the InfoPass website to schedule a petitioning appointment, and I am planning to be in GZ for a week (my sister just go happens to live there, so thats nice) from Jan 4-10.

 

My question is: The only day for appointments within that time frame was January 5th. Two days before the actual CALENDAR year 6 months in China but 2 days AFTER the 180 day mark of being in China. Will the CO give me a hard time for not being there for 6 CALENDAR months, or will he let it pass?

 

 

 

 

There IS no six month requirement - that was dropped 4 years ago. The requirement is ONLY that you RESIDE in the consular ditrict. Bring evidence, including your passport with visa.

 

http://guangzhou.usembassy-china.org.cn/i-130-petition-for-alien-relative.html

[nathansanchez]

Does this mean I could go earlier? The earlier the better. I feel dumb for waiting this long now, because we want to get back to the US by this summer...

[Randy W]

Does this mean I could go earlier? The earlier the better. I feel dumb for waiting this long now, because we want to get back to the US by this summer...

 

 

Yes - as stated at the link I provided above:

 

U.S. citizens residing in our jurisdiction may file an I-130 petition with either the USCIS Guangzhou Field Office or Chicago Lockbox.

 

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.