DCF process questions

[Tom R]

Sorry guys - maybe I'm overthinking things. I'll put my current China address under mailing address, and then won't enter any info of being unemployed other than maybe dates. I'll also not enter other stints of unemployment as it's asking about employment , not unemployment.

[Tom R]

Two more quick questions:

 

-My dad and I have the same exact name so I'm a "second" and have a "II" suffix after my last name. Since there isn't anywhere to enter a suffix, Do you think it's okay to just put it after my last name everywhere that it asks for my family name? Just wondering because it's not really part of my family name...

 

-Part 4 - 62 a & b ask where the beneficiary will apply abroad? Will that be where we file the petition (Beijing) or where everything will eventually be processed (Guangzhou)?

[dnoblett]

Part 4 - 62 a b is Guangzhou

 

If they don't ask for prefix or suffix then you don't need to provide it.

 

If there are gaps between one job end date and the next ones start date then indicate status "unemployed" or "school" is acceptable

[Tom R]

Couple more questions about the I-130:

 

-ADDITIONAL INFO PAGE – You think it's okay if I put multiple previous addresses or employers in one section of the additional info page 9? For example something like this:

 

- More Previous Employers -

Employer 3:

XXXXX,

bla bla bla,

Dates (from - to).

 

(Then at the bottom of the same box enter) -

Employer 4:

Unemployed

Dates (from - to).

 

 

Since Unemployed hardly takes up any space I'm thinking it doesn't need it's own box, right??

 

 

ADDRESSES: I feel like I should enter my principal US domicile that I've maintained ties to somewhere on this form but not sure where. It’s my parents’ address that I’ve maintained as my own in the US since moving to China in 2015, and all of my mail and bills have been sent there along with being the address on my Driver’s License, etc. But I didn't live there immediately before moving here and haven’t lived there in the past 5 years so it isn’t listed as one of my previous addresses. I don’t think I want to list it as my mailing address, right? Do I need to enter it anywhere? What about on the I-864? Don’t want any contradictions.

* I should also add that my parents' address will be where we will move to immediately upon returning to the US.

 

-PASSPORT COPIES - Just the biopage, right?

Edited December 27, 2017 by Tom R (see edit history)

[dnoblett]

Your plans for unemployed sounds good.

 

I-864 needed later at visa interview, domicile is not in question on the I-130 use current address.

 

Later when handling the I-864 provide evidence of domicile, DL with home dress, bills and bank statements showing home address, etc, later at visa application stage indicate that address as where will settle upon arrival to the states.

[Tom R]

Last questions regarding the I-130...hopefully:

 

-Does my wife need to be present when submitting I-130 in Beijing?

 

-should the I-130 cover letter have Beijing or Guangzhou’s USCIS address on it? I’ll be submitting to Beijing since we live in Shanghai but I know it gets forwarded to Guangzhou eventually so wasn’t sure…

[dnoblett]

Last questions regarding the I-130...hopefully:

 

-Does my wife need to be present when submitting I-130 in Beijing?

 

-should the I-130 cover letter have Beijing or Guangzhou’s USCIS address on it? I’ll be submitting to Beijing since we live in Shanghai but I know it gets forwarded to Guangzhou eventually so wasn’t sure…

 

1) I have seen a couple posts a while ago where they sometimes like to do a mini interview. However the field office site makes no mention about having the intending immigrant there, only the petitioner. https://www.uscis.gov/about-us/find-uscis-office/international-offices/china-uscis-beijing-field-office

 

2) Cover should have the Beijing USCIS address, since this is here you are filing it.

[Randy W]

Last questions regarding the I-130...hopefully:

 

-Does my wife need to be present when submitting I-130 in Beijing?

 

-should the I-130 cover letter have Beijing or Guangzhou’s USCIS address on it? I’ll be submitting to Beijing since we live in Shanghai but I know it gets forwarded to Guangzhou eventually so wasn’t sure…

 

 

The I-130, in your case, is submitted to and processed by the USCIS in office Beijing. Your wife's visa application, or DS-260, will be submitted to the Dept. of State in Guangzhou.

 

It shouldn't make any difference, but I'm sure you want the I-130 cover letter to be addressed to the Beijing office.

 

Your wife doesn't need to come, but you will probably want her with you. You are submitting a package, much as if you had mailed it in the states. USCIS Interviews are rare, but will be at the request of the USCIS.

[Tom R]

Ok, I promise these are the last questions regarding the I-130:

 

-Do I really need to copy all pages of our passports, or is just the biodata page sufficient? Finding conflicting info on this

-Okay if I use smaller binder clips and/or paperclips inside my packet, or should I just use one big binder clip along with tabs at the bottom?

-Can we go ahead and sign forms before taking them in? No need to sign anything in front of an officer, right?

-Does anyone know if there are lockers to store a backpack outside of the Beijing US Embassy?

-I'm going to bypass the two-hole punches at the top. Hopefully this won't be an issue...

[dnoblett]

Ok, I promise these are the last questions regarding the I-130:

 

-Do I really need to copy all pages of our passports, or is just the biodata page sufficient? Finding conflicting info on this

-Okay if I use smaller binder clips and/or paperclips inside my packet, or should I just use one big binder clip along with tabs at the bottom?

-Can we go ahead and sign forms before taking them in? No need to sign anything in front of an officer, right?

-Does anyone know if there are lockers to store a backpack outside of the Beijing US Embassy?

-I'm going to bypass the two-hole punches at the top. Hopefully this won't be an issue...

 

1) Just the front cover, bio page and any pages with visa and entry/exit stamps should be fine.

2) Sure, as a way to separate things this should be fine.

3) You would have signed them if mailing the packet so yes go ahead and sign, I don't think there is anything that says do not sign until in front of an official.

4) Nope... I would secure anything not needed at the apartment or hotel. From my visit to Guangzhou years ago they did hold my cell phone at security.

 

Accommodations

 

Accessibility for individuals with special needs is available.

 

For customers visiting our office, please note that the following items are not permitted in the facility and may not be checked in with U.S. Embassy security guards:

• Large handbags or backpacks
• Mobile phones
• Laptop computers
• Other electronic devices

Small handbags and bags for baby items (baby diapers, bottle, formula, etc.) are permitted. Please make arrangements for any personal belongings not permitted in the U.S. Embassy before your appointment.

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

5) The 2 hole thing is more of a convenience for the government workers who would end up binding the packet in a case folder it is not a necessary for you to do that.

[Randy W]

They can punch their own damn holes

 

Any binders - paper clips or spring-loaded clips - are tossed in favor of their ACCO fasteners

 

You are simply submitting a stack of paper for them to file.

[Tom R]

Well, I ran into my first problem - hopefully it's not too big of one but idk.

 

I went yesterday for my appointment in Beijing to submit the I-130 and they wouldn't accept it because I'm on a Q2 visa. They told me that I need to either get a Q1 and try DCF again or mail it to the States. My multiple temporary residence permits and entry/exit stamps proving residence in China for the past 3 years weren't enough to file DCF. Said something like I need to be on a work or student visa or some BS.

 

The officer seemed to be looking for other reasons to deny me too but maybe I'm being paranoid. First he asked about my passport with a smirk, like I didn't bring it or something. Then he asked how long I've been living in China to which I said 3 years, and he immediately started questioning about 2015 entry/exit stamps showing me only staying in China for 3 days at one point. I said that my wife and I were travelling around Asia a lot at that time and he acted like he didn't believe me. And wtf does it matter anyways from 3 years ago!? Then before going to talk to his boss about my Q2, he said "I see you have the notarial marriage certificate but where's the actual one from China(red book)? Do you have that?" with a weird smirk on his face. I said "it's right here, wanna see it?" And he just got up to go talk to his boss. I also overheard his boss and him laughing at the fact that I was on a Q2. Pretty infuriating. When he came back with his insincere "sorry but..." I said that your website says that one just needs to be able to prove residence in China and that's when he said something about having to be here on a work or student visa or something. (I guess you can't be here as a stay-at-home dad and file DCF) Then he said the process of mailing it to the US should take about the same amount of time as getting a Q1 and trying the DCF again. Both would take about 6 months. At least I think that's what he was saying - I was seeing red at that point.

 

Okay sorry, rant over.

 

Since I've been focusing all of my attention to the DCF process, I don't really know which direction to take now. Which do you guys think is the better option? Get a Q1 then DCF again, or mail to US? (I'd rather not lose my Q2-10 yr-180 day China visa but, whatever, I don't really care too much anymore at this point)

 

I didn't even think I could mail my packet to the States since I've been living here in China, but if I can...

 

-Will the whole process really only take like 6 months? I thought there were a few more steps involved if you file in the States that tend to make the process a lot longer?

-Could it all be done with me staying here in China with my family?

-Would I just pretty much mail the I-130 packet that I already have put together?

-Would the I-864 process be any different with a joint sponsor? Hopefully my dad would still be able to just mail or email me his completed I-864...

-Are there any other big differences that I should be concerned about?

 

I know I'm going to have more questions but maybe you guys can help point me in the right direction again. Also, please let me know if there's anything I should consider or be aware of. Thanks a lot

Edited February 23, 2018 by Tom R (see edit history)

[Randy W]

Well, I ran into my first problem - hopefully it's not too big of one but idk.

 

I went yesterday for my appointment in Beijing to submit the I-130 and they wouldn't accept it because I'm on a Q2 visa. They told me that I need to either get a Q1 and try DCF again or mail it to the States. My multiple temporary residence permits and entry/exit stamps proving residence in China for the past 3 years weren't enough to file DCF. Said something like I need to be on a work or student visa or some BS.

 

The officer seemed to be looking for other reasons to deny me too but maybe I'm being paranoid. First he asked about my passport with a smirk, like I didn't bring it or something. Then he asked how long I've been living in China to which I said 3 years, and he immediately started questioning about 2015 entry/exit stamps showing me only staying in China for 3 days at one point. I said that my wife and I were travelling around Asia a lot at that time and he acted like he didn't believe me. And wtf does it matter anyways from 3 years ago!? Then before going to talk to his boss about my Q2, he said "I see you have the notarial marriage certificate but where's the actual one from China(red book)? Do you have that?" with a weird smirk on his face. I said "it's right here, wanna see it?" And he just got up to go talk to his boss. I also overheard his boss and him laughing at the fact that I was on a Q2. Pretty infuriating. When he came back with his insincere "sorry but..." I said that your website says that one just needs to be able to prove residence in China and that's when he said something about having to be here on a work or student visa or something. (I guess you can't be here as a stay-at-home dad and file DCF) Then he said the process of mailing it to the US should take about the same amount of time as getting a Q1 and trying the DCF again. Both would take about 6 months. At least I think that's what he was saying - I was seeing red at that point.

 

Okay sorry, rant over.

 

Since I've been focusing all of my attention to the DCF process, I don't really know which direction to take now. Which do you guys think is the better option? Get a Q1 then DCF again, or mail to US? (I'd rather not lose my Q2-10 yr-180 day China visa but, whatever, I don't really care too much anymore at this point)

 

I didn't even think I could mail my packet to the States since I've been living here in China, but if I can...

 

-Will the whole process really only take like 6 months? I thought there were a few more steps involved if you file in the States that tend to make the process a lot longer?

-Could it all be done with me staying here in China with my family?

-Would I just pretty much mail the I-130 packet that I already have put together?

-Would the I-864 process be any different with a joint sponsor? Hopefully my dad would still be able to just mail or email me his completed I-864...

-Are there any other big differences that I should be concerned about?

 

I know I'm going to have more questions but maybe you guys can help point me in the right direction again. Also, please let me know if there's anything I should consider or be aware of. Thanks a lot

 

 

He lied to you, or didn't know what he is talking about - but. then again, it's at his discretion as to whether you actually LIVE in China.

 

Others have had their DCF I-130 accepted with far less evidence and an L-visa.

 

The residence permit IS a visa for LIVING in China. No, you don't need to work, or go to school. The Q1 visa is good for only 30 days after entry, and requires that you apply for a residence permit within that time. Since you already have one, that would seem to be an exercise in futility.

 

The Q1 visa only takes a week or two. You MIGHT be able to get one in Hong Kong. Then again, you might have to return to your home country. Then again, they may just laugh at you, since you ALREADY HAVE a residence permit.They don't issue visas simply at the whim of an American consular official.

 

 

Your choices - 1) face the clowns again, emphasizing your residence permit as the operative visa. It SUPERSEDES your Q2. This may simply be banging your head against the wall.

 

2) Figure out a different strategy for a DCF, such as finding a different officer to submit the I-130 to.

 

3) Mail the I-130 to the U.S. This may take six months to a year, as opposed to the 2 to 4 months that a DCF'ed petition would take. This seems to be the path of least resistance. Send it via EMS, with a signature required.

 

 

I wish I had a Q2 - it would make a nice BACK-UP visa for the 10 year duration. The Q1 is now good for nothing, except for this American Visa Officer. But I went along with what they told me at the Chinese consulate in Houston. They told me that I should get the Q1 in order to apply for the residence permit, but I expect the Q2 would have worked just as well as it did for you.

[Randy W]

Thinking about it a little bit - depending on your powers of persuasion (and your tolerance for abuse) - # 1 above may be worth a try.

 

I have NO DOUBT that with ANY other Visa Officer, your petition would have been accepted without issue.

[Tom R]

Well, it makes me feel a little better to know that they should've accepted it. I just hate to make another trip to Beijing for nothing. What if I email them first with a question asking if a Q2 along with the temporary res permits is acceptable? If I get the answer I'm looking for that would give me a paper trail that I could bring with me to show them, but could also kill my chances completely if I don't...

 

One thing I forgot to mention before is that he asked about our apartment. He asked where I've been living or something to that extent and I said my wife's apartment. He kind of scoffed at that and said "your wife's apartment?" and I said "well, it's OUR apartment but my name isn't on the paperwork." Then he kind of just moved on. But after thinking about it more, my name IS on most of the bank loan paperwork - just not on the real estate info. I wonder if that would be enough to prove anything worthwhile? I guess I could mention this in a potential email too?

 

I should also say that the residence permit I have is the one that everyone gets (or is supposed to get) when they enter China. Just the standard TEMPORARY RESIDENCE PERMIT anyone can get at the local Police Office. (I can post a pic of it if you'd like?) I just go get a new one every time I re-enter China. Maybe it's not good enough? Is there another one I could or should get without losing my Q2 that they'd like better? Then of course it would only be a week old or so when showing it to the US immigration officer but hey....

Edited February 23, 2018 by Tom R (see edit history)