DCF process questions

[Tom R]

Can't figure out how to upload a pic on here but the temp Res Permit I have says "Registration Form of Temporary Residence" at the top of the page. It's the same one they give me every time I go there that has all of my info on it along with our address - just with different dates every time, of course. The bottom of page has a red Police Stamp on it and it also says "Supervised by Bureau of Ext-Entry Administration Shanghai Municipal Public Security Bureau".

[Randy W]

OHHHHH NOOOOOO!!!!

 

 

This is what I thought you meant - a residence permit IN YOUR PASSPORT. Mine is good for three years (since I'm over 60). Purpose of residence is Family Reunion - I don't work or go to school, either.

 

 

You ARE simply living on your Q2 visa, and simply registering the place you're staying with the PSB (like ANY VISITOR would do).

 

The CO is still being a horse's ass about it - there's no reason why he couldn't let it through.

 

But it does give you a potential way forward - you can go to the PSB Entry and Exit Bureau and BUY one of these Residence Permits, which will allow an indefinite stay (no border runs necessary).

 

The catch is that they MAY require that you first enter China on a Q1 visa - I'm betting they WON'T require that.

 

A Medical Exam may be required at a China Immigrations Inspection and Quarantine Hospital - we had to spend 4 days in Nanning last week to wait for the results of mine.

 

Good luck to you and PLEASE let us know.

[Randy W]

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?

 

 

 

Yes - you need to BE PREPARED to make a case that you actually LIVE in China. Perhaps a list of ALL entry and exit dates would have helped, rather than having him searching through your passport.

[Tom R]

Yes - you need to BE PREPARED to make a case that you actually LIVE in China. Perhaps a list of ALL entry and exit dates would have helped, rather than having him searching through your passport.

 

 

I am/was very prepared and my packet is extremely thorough, detailed, and organized to perfection. I also had all of my passport pages with relevant exit/entry stamps copied in duplicate and separated from my other passport pages so he could see them very easily. I told him that and he looked at them instead of searching through my passport. He was just hung up with the fact that I'm on a Q2. I don't think there's anything I could've said that would've changed his mind.

 

I guess I didn't really think that they would be questioning the fact of me living in China so much! I mean, it's pretty obvious that I've been living here for the past 3 years with what I showed him. It's my fault that I overlooked the residence permit thing thinking that since my paperwork says "residence permit" on the top of the page that it was good enough. I mean their website doesn't specify at all what kind of residence permit you need.

 

OHHHHH NOOOOOO!!!!

 

 

This is what I thought you meant - a residence permit IN YOUR PASSPORT. Mine is good for three years (since I'm over 60). Purpose of residence is Family Reunion - I don't work or go to school, either.

 

You ARE simply living on your Q2 visa, and simply registering the place you're staying with the PSB (like ANY VISITOR would do).

 

The CO is still being a horse's ass about it - there's no reason why he couldn't let it through.

 

But it does give you a potential way forward - you can go to the PSB Entry and Exit Bureau and BUY one of these Residence Permits, which will allow an indefinite stay (no border runs necessary).

 

The catch is that they MAY require that you first enter China on a Q1 visa - I'm betting they WON'T require that.

 

A Medical Exam may be required at a China Immigrations Inspection and Quarantine Hospital - we had to spend 4 days in Nanning last week to wait for the results of mine.

 

Good luck to you and PLEASE let us know.

 

Yeah, my Q2 visa is for family reunion. I still don't see why that wouldn't be good enough for them.

 

Anyway, my wife went to the PSB today and the officer she talked to said that they could give me the residence permit I'm looking for with my Q2 visa. Won't know for sure until I go there and try though because every officer is different, AND their website says a Q1 is needed. But she asked him a couple times and he said a Q2 will work so we'll see. He also said that I need to get a medical exam first so that's my next move.

 

Thanks for the help and advice, Randy I'll keep you updated with my progress.

[Tom R]

Oh, how do you post pics on here? I found a place across from the US Embassy in Beijing with lockers for you to store a bag or whatever and thought I'd post a couple pics on here. You can't even take your phone into the Beijing Embassy so it's either the bagholders standing outside the gate or this little place with lockers inside...

[Randy W]

 

Posting Pictures on CFL

 

[Randy W]

 

Yes - you need to BE PREPARED to make a case that you actually LIVE in China. Perhaps a list of ALL entry and exit dates would have helped, rather than having him searching through your passport.

 

 

I am/was very prepared and my packet is extremely thorough, detailed, and organized to perfection. I also had all of my passport pages with relevant exit/entry stamps copied in duplicate and separated from my other passport pages so he could see them very easily. I told him that and he looked at them instead of searching through my passport. He was just hung up with the fact that I'm on a Q2. I don't think there's anything I could've said that would've changed his mind.

 

I guess I didn't really think that they would be questioning the fact of me living in China so much! I mean, it's pretty obvious that I've been living here for the past 3 years with what I showed him. It's my fault that I overlooked the residence permit thing thinking that since my paperwork says "residence permit" on the top of the page that it was good enough. I mean their website doesn't specify at all what kind of residence permit you need.

 

OHHHHH NOOOOOO!!!!

 

 

This is what I thought you meant - a residence permit IN YOUR PASSPORT. Mine is good for three years (since I'm over 60). Purpose of residence is Family Reunion - I don't work or go to school, either.

 

You ARE simply living on your Q2 visa, and simply registering the place you're staying with the PSB (like ANY VISITOR would do).

 

The CO is still being a horse's ass about it - there's no reason why he couldn't let it through.

 

But it does give you a potential way forward - you can go to the PSB Entry and Exit Bureau and BUY one of these Residence Permits, which will allow an indefinite stay (no border runs necessary).

 

The catch is that they MAY require that you first enter China on a Q1 visa - I'm betting they WON'T require that.

 

A Medical Exam may be required at a China Immigrations Inspection and Quarantine Hospital - we had to spend 4 days in Nanning last week to wait for the results of mine.

 

Good luck to you and PLEASE let us know.

 

Yeah, my Q2 visa is for family reunion. I still don't see why that wouldn't be good enough for them.

 

Anyway, my wife went to the PSB today and the officer she talked to said that they could give me the residence permit I'm looking for with my Q2 visa. Won't know for sure until I go there and try though because every officer is different, AND their website says a Q1 is needed. But she asked him a couple times and he said a Q2 will work so we'll see. He also said that I need to get a medical exam first so that's my next move.

 

Thanks for the help and advice, Randy I'll keep you updated with my progress.

 

 

 

The Q1 visa allows you to enter the country, and apply for a residence permit, which will allow you to live indefinitely in China (subject to renewal). You're already in the country, so just follow what your PSB tells you. Some PSB's in other cities MAY require a Q1 visa - yours doesn't.

 

The same is true of the Z-visa. EVERY single expat thinks they're "working on a Z visa". In reality, the Z visa simply allows an entry and 30 days to apply for a work permit and residence permit. If you're already in the country, you don't NEED a Z visa, unless they TELL you you need a Z visa.

 

Be sure to go to the China Inspection and Quarantine hospital - they should be able to tell you where this is.

 

. . . and I expect your Q2 will be valid through its expiration date - good for you!

[Tom R]

The Q1 visa allows you to enter the country, and apply for a residence permit, which will allow you to live indefinitely in China (subject to renewal). You're already in the country, so just follow what your PSB tells you. Some PSB's in other cities MAY require a Q1 visa - yours doesn't.

 

The same is true of the Z-visa. EVERY single expat thinks they're "working on a Z visa". In reality, the Z visa simply allows an entry and 30 days to apply for a work permit and residence permit. If you're already in the country, you don't NEED a Z visa, unless they TELL you you need a Z visa.

 

Be sure to go to the China Inspection and Quarantine hospital - they should be able to tell you where this is.

 

. . . and I expect your Q2 will be valid through its expiration date - good for you!

 

So I could've applied for a work permit on my Q2 this whole time and been able to retain my Q2??

[Randy W]

 

The Q1 visa allows you to enter the country, and apply for a residence permit, which will allow you to live indefinitely in China (subject to renewal). You're already in the country, so just follow what your PSB tells you. Some PSB's in other cities MAY require a Q1 visa - yours doesn't.

 

The same is true of the Z-visa. EVERY single expat thinks they're "working on a Z visa". In reality, the Z visa simply allows an entry and 30 days to apply for a work permit and residence permit. If you're already in the country, you don't NEED a Z visa, unless they TELL you you need a Z visa.

 

Be sure to go to the China Inspection and Quarantine hospital - they should be able to tell you where this is.

 

. . . and I expect your Q2 will be valid through its expiration date - good for you!

 

So I could've applied for a work permit on my Q2 this whole time and been able to retain my Q2??

 

 

 

I expect so - yes. I don't see any reason why they would have "canceled" it. My original L visa was still valid after a year teaching back in 2010.

 

You would probably have had to buy a work-related residence permit, also.

 

But to get a work permit, you need a job. Your employer will handle the paper work and keep possession of it. It doesn't transfer to another employer.

[Tom R]

 

So I could've applied for a work permit on my Q2 this whole time and been able to retain my Q2??

 

 

 

I expect so - yes. I don't see any reason why they would have "canceled" it. My original L visa was still valid after a year teaching back in 2010.

 

You would probably have had to buy a work-related residence permit, also.

 

But to get a work permit, you need a job. Your employer will handle the paper work and keep possession of it. It doesn't transfer to another employer.

 

 

Yeah, I forgot that you have to have a job or work contract already in place to get a work permit here.

 

Anyway, good to know that things are a bit different if you're already IN China.

[Tom R]

So I went to the PSB yesterday after getting my health exam and they accepted my application for a Family Residence Permit (2 year).

 

When my wife called them last week, they said that it didn't matter which visa I was on for the family Res Permit, just as long as we were married. They told her that they would de-register my Q2 visa and I would now use the Residence Permit to exit and enter. Although they didn't mention anything about the Q2 yesterday so I guess I'll just have to wait and see when I get my passport back if they cancelled it.

 

So back to Beijing on the 20th - hopefully they won't still require me to have a Q1!

[Randy W]

So I went to the PSB yesterday after getting my health exam and they accepted my application for a Family Residence Permit (2 year).

 

When my wife called them last week, they said that it didn't matter which visa I was on for the family Res Permit, just as long as we were married. They told her that they would de-register my Q2 visa and I would now use the Residence Permit to exit and enter. Although they didn't mention anything about the Q2 yesterday so I guess I'll just have to wait and see when I get my passport back if they cancelled it.

 

So back to Beijing on the 20th - hopefully they won't still require me to have a Q1!

 

 

My guess is that what they mean is NOT that the Q2 is cancelled, but that you will now be registered as being legally in China on the resident permit. The Q2, I expect, will be valid and usable, should you ever need to, say, if you find yourself out of the country when the residence permit expires.

[Tom R]

So my DCF was accepted this time after getting the 2 year Family Residence Permit in my passport. It flew through this time with really no questions asked. I had the same officer (made sure to make him aware of that) so I’m pretty sure he remembered me and knew that I’d done what he asked and was now back, and therefore didn't give me any problems.

Unfortunately, China PSB did cancel my Q2 visa in my passport with a red stamp and date over it after getting the Residence Permit.

Anyway, now on to the next stages with some preliminary questions about the I-864:

Joint Sponsor(s):

- My dad will be a joint sponsor. He is retired with an annual retirement income of $70K. I’m thinking that will be enough to cover the 125%, right? Since my principal residence is the same as my parents’, and will be when we first move back, I guess the household will be a total of five people?: my dad and mom, my wife (beneficiary) and daughter (already a US citizen), and myself.

-Don’t think my mom will need to fill one out if my dad's covers. I’m sure my parents file jointly.

- Who fills out which versions of the I-864 between me and my dad? I haven’t looked into it too much yet but when I did, it seemed a little confusing if you and the joint sponsor will share a residence.

Tax Returns:

- I’ve been doing the stay-at-home dad thing for well over a year now, so I had no income last year. Do I need to file taxes? I read somewhere that if you had no income for the prior year, you don’t have to file and can instead write a letter stating that you didn’t have to file due to no income, and that will be good enough.

-Along with submitting a letter stating no reason to file taxes last year, I was also thinking of submitting my 2014 tax returns and skipping ’15 and ’16 for a couple reasons: 1) ‘14 was the last year I was working in the US at the job (Union Electrician) that I’ll be going back to when moving back, so it’ll help prove what I’ll be able to earn when moving back. …and 2) I was working here in China a little in ’15 and ’16, but nothing full time or anything that would be relevant to my future earning capability so no real reason to submit them, right?

-Does this sound like a good plan regarding my tax return submissions of a letter for last year and ‘14’s returns?

 

[Randy W]

Good news about the DCF - I guess you'd need to buy another Q2 eventually.

 

If your parents have separate income, she'll need to file an I-864A to include her income.

 

As the petitioner, you will need to fill out the I-864, as will the joint sponsor (your father).

 

If your income is BELOW the threshold for filing BEFORE figuring in the Foreign Earned Income Exclusion, you do not need to file by IRS rules. But recalcitrant VO's have been known to demand them anyway.

 

Treat the I-864 as the separate document that it is. Skipping years is not an option.

 

Evidence of earnings potential, e.g. the tax return can be helpful. The applicable law here in the INA is that the Visa Officer must determine that your wife will not become a public charge while in the US.

[Tom R]

If your parents have separate income, she'll need to file an I-864A to include her income.

 

Do you mean ‘separate income’ as in filed their taxes separately? Or do you mean a separate job? My dad’s retired and my mom runs a home day care - they file jointly.

 

I thought that if my father’s income is 125% over the poverty guidelines for the household, then my mother doesn’t need to fill one out?

 

Which brings me to my next question: How many would be considered in this household? Is it 4? I'm not included, am I?

 

 

If your income is BELOW the threshold for filing BEFORE figuring in the Foreign Earned Income Exclusion, you do not need to file by rules. But recalcitrant 's have been known to demand them anyway.

 

My income for last year is a big fat zero - no job whatsoever (aside from taking care of this little rugrat). I guess I’ll go ahead and file though as to not leave anything to chance.

 

Treat the as the separate document that it is. Skipping years is not an option.

 

Evidence of earnings potential, e.g. the tax return can be helpful. The applicable law here in the is that the Visa Officer must determine that your wife will not become a public charge while in the US.

 

Not sure I get what you mean by treating it as a separate document.

 

I’ll include the 2014 tax return just as additional evidence of earnings potential. And then include last year’s return with the I-864, as they only require one year of previous tax returns.