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Am I eligible to do DCF in Beijing on behalf of my wife?


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Hello everybody. I am new here. I am thinking of getting ready for my wife’s IR1 visa application to start soon. I was Chinese citizen before but now US citizen. My wife is Chinese citizen, working and living in Beijing currently. I have recently retired. From now on I probably would be able to spend majority of the time in Beijing, with my wife until she is ready to retire, but periodically returning to US for relatively shorter time as needed during the years to come. Am I eligible to do DCF in Beijing on behalf of my wife? Any comments would be really appreciated.

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If you are resident in China and have a resident permit and can show residency in Beijing, you can file the I-130 petition at the USCIS office located at the US embassy in Beijing, ultimately the interview for visa will happen in Guangzhou.

 

Note, DCF has to do with immigrant visa for residing and living in the USA on a permanent basis, you indicate living in Beijing with short trips to the USA, sounds more like she would be better off with a 10 year B-2 visit visa, and once you do decide to move to the states permanently only then file for an IR-1 visa.

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Thanks donblett. Your analysis on my case is very helpful for me to get prepared ahead of time. Now it seems that a "resident permit and can show residency in Beijing" is required, or maybe probably mandatory, to be actually qualify anyone to do DCF. Would you, or anybody else in this community, be helping me to find resident permit related information? Again, any comments would be sincerely appreciated.

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From USCIS - Beijing...

 

 


Evidence of residency must be submitted with the petition. The evidence you submit must support a determination that you are a resident in China.

 

Please Note: Certain pieces of evidence may more strongly support a finding of residency than others. For petitions filed at this field office, you must submit one or more of the following:

  • 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.

In addition, other evidence of residency may include, but is not limited to:

  • Passport entry stamp
  • Utility bills
  • Housing lease
  • Work contract or other employment documents
  • Proof of local registration
  • Military orders
  • Bank statements
  • Vehicle registration
  • Local driver’s license
  • Tax documents
  • Foreign property deeds or registration (although proof of property ownership in itself, may be insufficient if there is no evidence that the petitioner resides at that property)

https://www.uscis.gov/about-us/find-uscis-office/international-offices/china-uscis-beijing-field-office

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Thanks. It's great information. It does look like one thing is mandatory for DCF to start.

Now how can I obtain "A Residence Permit for Foreigner in the People’s Republic of China (居住许可)." ?

 

 

A residence permit may be acquired from your local PSB Entry and Exit Bureau. They will tell you what is needed.

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One of our members posted what he received from the Guangzhou office: http://candleforlove.com/forums/topic/48592-a-guide-to-dcf-for-dummies/?p=628258

 

WHAT DO YOU NEED IN ORDER TO BE ELIGIBLE TO SUBMIT THIS APPLICATION?

It seems this requirement has changed from time to time in exactly what the embassy requires, but this is what they told me through e-mail.

The petitioner must have a residence permit in China in order to file an I-130 with the Guangzhou Field Office. In lieu of a residence permit, the Guangzhou Field Office may accept other proof of residence, such as a lease agreement, job contract, etc. However, this evidence is evaluated on a case-by-case basis.

 

 

 

The consular officer who accepts your I-130 will make a determination as to whether you RESIDE in that consular district at the time of submission.

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Thanks donblett and Randy for all the very helpful information. I do have a joint apartment lease with my wife in Beijing for current year with option to renew yearly in the future. Is this a strong enough supporting evidence of proving residency in Beijing for the purpose of DCF, though I understand that it might have not met the "official" standard? Any comments will be greatly appreciated.

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Thanks donblett and Randy for all the very helpful information. I do have a joint apartment lease with my wife in Beijing for current year with option to renew yearly in the future. Is this a strong enough supporting evidence of proving residency in Beijing for the purpose of DCF, though I understand that it might have not met the "official" standard? Any comments will be greatly appreciated.

 

 

They may also look at your passport's entry and exit stamps to see whether you have truly been RESIDING in China. It's at the discretion of the consular official to either accept or reject your petition at the time of submissionn

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