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Residency or Business Visa ??

By chinacom in Direct Consular Filing (DCF) General Discussion

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chinacom Newbie

chinacom   0

Posted
Filed: Country: China
 Timeline
Posted

I'm an American businessman working in China 4+ years on Business Visa. Even we live here doing business

we are not allowed Resident status unless we work here for a Chinese company. ...of course not, I'm here doing

business for foreign corporations.

To qualify for DCF "must" you have official residence or can you be in the country on Business Visa?

- I have all rental documents 4 years

- I have Passport evidence 4 years

- Married to my Chinese wife 3 years

- Baby born here (now US citizen/passport)

For some reason my lawyer thinks they will allow our DCF application.

We don't want to be here any longer. I "will not" separate my wife from our son. Our US lawyer suggested for faster processing.

So how realistic is it that I will qualify with no official Residence here?

I can't get any information from the US Embassy and it's half day drive and hell to go unnecessarily.

Any certain experiences?

Thanks,

victor+natasha Contributor

victor+natasha   0

Posted
Filed: K-3 Visa Country: Ukraine
 Timeline
Posted
I'm an American businessman working in China 4+ years on Business Visa. Even we live here doing business

we are not allowed Resident status unless we work here for a Chinese company. ...of course not, I'm here doing

business for foreign corporations.

To qualify for DCF "must" you have official residence or can you be in the country on Business Visa?

- I have all rental documents 4 years

- I have Passport evidence 4 years

- Married to my Chinese wife 3 years

- Baby born here (now US citizen/passport)

For some reason my lawyer thinks they will allow our DCF application.

We don't want to be here any longer. I "will not" separate my wife from our son. Our US lawyer suggested for faster processing.

So how realistic is it that I will qualify with no official Residence here?

I can't get any information from the US Embassy and it's half day drive and hell to go unnecessarily.

Any certain experiences?

Thanks,

I think you only need 6 months of residency, no where does it say official residency. Meaning you have to show you have legally resided in the country for that time.

K-3 Visa

Event Date

Service Center : California Service Center

Consulate : Ukraine

Marriage :

I-130 Sent : 2007-12-04

I-130 NOA1 : 2008-02-03

I-129F Sent : 2008-02-05

I-129F NOA1 : 2008-02-11

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2008-06-24

NVC Received : 2008-07-01

NVC Left : 2008-07-02

Consulate Received : 2008-07-07

Packet 3 Received :

Packet 3 Sent :

Packet 4 Received : 2008-07-07

Interview Date : 2008-08-20

Visa Received : 2008-08-22

US Entry : 2008-08-27

I-130 Approval : 2008-05-24

Comments :

Processing

Estimates/Stats : Your I-129f was approved in 134 days from your NOA1 date.

Your I-130 was approved in 111 days from your NOA1 date.

Your interview took 199 days from your I-130 NOA1 date.

Port of Entry Review

Event Date

Port of Entry : Chicago

POE Date : 2008-08-27

Got EAD Stamp : No

Biometrics Taken : No

Harassment Level : 0

Comments :

Adjustment of Status

Event Date

CIS Office : Kansas City MO

Date Filed : 2009-05-18

NOA Date : 2009-05-26

RFE(s) :

Bio. Appt. : 2009-06-16

AOS Transfer** :

Interview Date :

Approval / Denial Date :

Approved :

Got I551 Stamp :

Greencard Received:

Comments :

Employment Authorization Document

Event Date

CIS Office : Chicago National Office

Filing Method : Mail

Filing Instance : First

Date Filed : 2009-05-18

NOA Date : 2009-05-26

RFE(s) :

Bio. Appt. : 2009-06-16

Approved Date : 2009-06-24

Date Card Received :

Comments :

Processing

Estimates/Stats : Your EAD was approved in 37 days.

kaffy Proficient

kaffy   2

Posted
Filed: Lift. Cond. (pnd) Country: Australia
 Timeline
Posted

Different countries have different residency requirements and the only way you'll know for sure is if you contact your local Embassy.

APPLYING FOR AN IMMIGRANT VISA FOR YOUR SPOUSE

After the marriage, the U.S. citizen spouse may file an immigrant visa petition on behalf of his or her non-U.S. citizen spouse. U.S. citizens who reside in China may file immigrant visa petitions on behalf of immediate relatives at the Citizenship and Immigration Services Office (USCIS), which can be contacted at (8610) 8529-6740(phone) and (8610) 8529-6779(fax).

Source: http://beijing.usembassy-china.org.cn/acs_married.html

DCF Timeline here

POE Timeline

08/24/2008 POE Seattle

08/29/2008 SSN assigned

09/08/2008 SSN (Card) received

09/29/2008 Green Card received

I-90 Timeline (USCIS error)

11/10/2008 Send I-90 to Texas service center

12/xx/2008 NOA1

01/07/2009 Card production ordered

01/14/2009 Card mailed

01/xx/2009 Card received

I-751 Timeline

06/02/2010 Send I-751 to California service center

06/04/2010 Received at CSC

06/07/2010 NOA1

06/09/2010 Check cashed

07/27/2010 Biometrics

07/28/2010 Touch

09/02/2010 Approved

Todd-Leah Community Regular

Todd-Leah   0

Posted
Filed: IR-1/CR-1 Visa Country: Malaysia
 Timeline
Posted

I believe only US consulate in Guangzhou process immigrant visas, but you can file with either Beijing or Guangzhou depends on where you live.

http://guangzhou.usembassy-china.org.cn/cr...and_cr2/ir2.htm

Residency requirement is country specific, the best way to find out whether you meet the residency requirement or not is to contact the consulate directly by email or phone.

Leah

USCIS

03/15/08 Mailed I-130 package

07/17 I-130 package delivered to Chicago lockbox

03/26 NOA1 received (Priority date 03/24/08)

04/18 Touched

06/05 Expedite request on humanitarian ground (medical emergency)

06/16, 06/17, 06/18, 06/19, 06/20 Touched

06/28 Received RFE dated 06/23

06/30 mailed RFE express mail to CSC

07/02, 07/03 Touched

07/08 07/09 Touched. "RFE received & processing resumed"

07/11 Congress aide found out I-130 was approved on 07/09!!!

07/17 NOA2 hardcopy dated 07/09

07/21 Approval notice hardcopy dated 07/11 I-130 was approved in 116 days from filing date (expedited).

NVC

07/15 NVC received and assigned case #

07/16 Emailed expedite request & supporting documents

07/17 DS-3032 and AOS fee bill generated, Emailed DS-3032.

07/21 Received DS-3032 & AOS fee bill hardcopy.

07/24 NVC approved expedite request

US Consulate

07/31 Package arrived at US consulate

08/01 Was told to pick up packet 3 on 08/04

08/04 Req packet 3 send by mail.

08/09 Received packet 3

08/11 Returned packet 3

08/15 Picked up packet 4 & medical check up

08/28 Submitted civil docs & paid $400 IV fee. Visa Interview & approved !!!

08/29 Visa in hand

09/30 POE IR1 visa interview took 166 days from the I-130 filing date (expedited).

10/04 Applied for SSN in married name.

11/11 Welcome notice received (dated 11/04)

11/15 Received Green card.

11/21 2nd Welcome notice received (dated 11/13)

11/24 Received SS card in maiden name.

chinacom Newbie

chinacom   0

Posted
Filed: Country: China
 Timeline
  • Author
Posted

Thanks for the links. I didn't see all before. Also I'm frustrated because no one at ACS has replied to my questions directly when I sent emails. They only sent a reply of ACS hours. I mean, sure I can just go there if I want to blow a day but I really expected ACS could simply tell me what I wanted to know.

Anyway I will go.

About Residency: Now I realize "maybe" they don't mean official Resident status. ...a little hope. Thanks for

all your replies.

Todd-Leah Community Regular

Todd-Leah   0

Posted
Filed: IR-1/CR-1 Visa Country: Malaysia
 Timeline
Posted
Thanks for the links. I didn't see all before. Also I'm frustrated because no one at ACS has replied to my questions directly when I sent emails. They only sent a reply of ACS hours. I mean, sure I can just go there if I want to blow a day but I really expected ACS could simply tell me what I wanted to know.

Anyway I will go.

About Residency: Now I realize "maybe" they don't mean official Resident status. ...a little hope. Thanks for

all your replies.

You may want to find out whether you can just drop by without an appointment when you decide to pay them a visit.

You don't want to blow a day for nothing!

Leah

USCIS

03/15/08 Mailed I-130 package

07/17 I-130 package delivered to Chicago lockbox

03/26 NOA1 received (Priority date 03/24/08)

04/18 Touched

06/05 Expedite request on humanitarian ground (medical emergency)

06/16, 06/17, 06/18, 06/19, 06/20 Touched

06/28 Received RFE dated 06/23

06/30 mailed RFE express mail to CSC

07/02, 07/03 Touched

07/08 07/09 Touched. "RFE received & processing resumed"

07/11 Congress aide found out I-130 was approved on 07/09!!!

07/17 NOA2 hardcopy dated 07/09

07/21 Approval notice hardcopy dated 07/11 I-130 was approved in 116 days from filing date (expedited).

NVC

07/15 NVC received and assigned case #

07/16 Emailed expedite request & supporting documents

07/17 DS-3032 and AOS fee bill generated, Emailed DS-3032.

07/21 Received DS-3032 & AOS fee bill hardcopy.

07/24 NVC approved expedite request

US Consulate

07/31 Package arrived at US consulate

08/01 Was told to pick up packet 3 on 08/04

08/04 Req packet 3 send by mail.

08/09 Received packet 3

08/11 Returned packet 3

08/15 Picked up packet 4 & medical check up

08/28 Submitted civil docs & paid $400 IV fee. Visa Interview & approved !!!

08/29 Visa in hand

09/30 POE IR1 visa interview took 166 days from the I-130 filing date (expedited).

10/04 Applied for SSN in married name.

11/11 Welcome notice received (dated 11/04)

11/15 Received Green card.

11/21 2nd Welcome notice received (dated 11/13)

11/24 Received SS card in maiden name.

 
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