Should I DCF?

[MikeyL]

Hello everyone,

 

I have filed I-130 for my Chinese wife thru Chicago Lockbox in July 2018. It was accepted to Texas, but the wait times are getting way too long. I am wondering if I should try to file again thru DCF with USCIS Beijing although I believe my situation is not so straight forward.

 

I tried to get a definite answer from USCIS Beijing, but their response is that every case is different and I will need to make an inquiry in person, so I would like to hear your suggestions on rather I should travel to Beijing to attempt for DCF.

 

 

Here’s my issues:

• I am an US citizen
• I was born in Hong Kong, so I have a HKID card and the Mainland Travel Permit
• I only use the Mainland Travel Permit to live/work/enter and exit China. I have never used my US passport to get into China
• I met my wife in Shanghai and we are still living there together
• I still work in Shanghai
• We got our marriage certificate in the US

 

 

For proof of residence in China, will the following be enough?:

• Work permit (I don’t have a resident permit, as this is no longer issued for Mainland Travel Permit holders)
• Employment contract
• Bank statements

 

Thank you for your help!

Edited August 22, 2018 by MikeyL (see edit history)

[dnoblett]

You should have visited the USCIS office in Beijing and filed there.

[Randy W]

Hello everyone,

 

I have filed I-130 for my Chinese wife thru Chicago Lockbox in July 2018. It was accepted to Texas, but the wait times are getting way too long. I am wondering if I should try to file again thru DCF with USCIS Beijing although I believe my situation is not so straight forward.

 

I tried to get a definite answer from USCIS Beijing, but their response is that every case is different and I will need to make an inquiry in person, so I would like to hear your suggestions on rather I should travel to Beijing to attempt for DCF.

 

 

Here’s my issues:

• I am an US citizen
• I was born in Hong Kong, so I have a HKID card and the Mainland Travel Permit
• I only use the Mainland Travel Permit to live/work/enter and exit China. I have never used my US passport to get into China
• I met my wife in Shanghai and we are still living there together
• I still work in Shanghai
• We got our marriage certificate in the US

 

 

For proof of residence in China, will the following be enough?:

• Work permit (I don’t have a resident permit, as this is no longer issued for Mainland Travel Permit holders)
• Employment contract
• Bank statements

 

Thank you for your help!

 

 

It is somewhat discretionary on the part of the official you submit your I-130 to. One of our members was recently turned away for NOT having a residence permit, although it is no longer a requirement. He was told he needed one, so he went away and got one at the PSB and re-submitted the petition. This time, it was accepted.

 

Your evidence of residency will be evaluated on the spot and returned to you. The petition will be accepted, or not, depending on what he had for breakfast that morning.

 

I think you have a perfectly good case, but like they say, "every case is different and I will need to make an inquiry in person".

 

Try to include evidence showing your address, and how much time you have spent there, such as the PSB Registration of Temporary Residence forms.

 

Good luck.

Edited August 22, 2018 by Randy W (see edit history)

[MikeyL]

Yes, it was a mistake and we should have tried DCF before filing with the Lockbox! Would there be any issues if we submit this DCF I-130 while the other one is processing in Texas?

And thank you for your suggestion, Randy. I will try to include anything that can show my time living in Shanghai.

 

[dnoblett]

If you submit and it’s accepted DCF, you can always contact USCIS withdraw the first petition explaining you filed a second iat the local Field office on China. You will be out the fee though.

[Randy W]

Even if it goes through anyway, it won't get past NVC or go through to interview. Shouldn't be a problem, especially if you respond to let them know to let it (the old one) die.

[MikeyL]

dnoblett and Randy, thanks for your response! I got an email reply from USCIS Beijing that I sent last week, they seem to be really strict on needing to cancel the old one before they let me file again! Seems like a gamble if I go cancel my old one and could possibly end up not getting accepted for the new one

 

 

 

You cannot file a duplicate I-130 petition for the same beneficiary. If you want to file the I-130 petition with this office, you must officially terminated the petition you filed with Chicago lockbox, and you should have a foreigner resident permit in our jurisdiction.

We cannot accept your petition if you have a pending duplicate I-130 petition in the other USCIS office.

[Randy W]

That would seem to be a gamble you SHOULDN'T take - you COULD re-submit to the lockbox if it came to that, but maybe NOT a good idea.