Beijing DCF: Do I make an appointment?

[Not me 1]

I'm new to the site.

I married my wife a year ago and we have been living together for over two years in China. I'm 28 years old and my wife is 26. We both have never been married before and we don't have any children. We don't have an criminal records. We lived together for a couple of years in the same home.

I tried to file a B1 travel visa. The Beijing embassy after asking five questions and not looking at our large package of evidence that they asked for, refused my wife stating that she had insufficient ties to China to compel her to return home. So now I have no choice but to file her CR1 immigration visa now.

It really upset me how the embassy didn't even give us a chance, didn't look at the invitation letters from my family, bank statement that we had notarized, and other supporting evidence. It took them two minutes to refuse her without looking at a single document.

The whole experience has hurt a great deal, and it makes me feel helpless, and makes me wonder when the time comes for my wife to go to her interview at the Guangzhou embassy if they will give her the same treatment.

I mean what rights do I have? What can I do to protect myself from superficial and arbitrary guidelines?

I guess I just need to calm down and take it one day at a time.

I need some help from the guys and girls who filed their I-130 petition at the Beijing embassy what steps they took to submit the documents in person.

Do i need to make an appointment, and if I do what kind of service am I making an appointment for?

The Beijing embassy workers are real dicks about refusing to help you if you accidentally make an appointment for the wrong service,and just kick you out of line to apply again for another appointment.

I know what I need to take, i just need to know how to get it to the embassy and who takes the petition.

Thanks for all your help.

[inloveVEN 46]

Hi

I dont see any problem because if b1 visa is a non inmigrant visa cr-1/ir-1. Are for inmigrant proposal

So thisnis not important if she have no enough ties to return to China

If you are not thinking to reside in usa this is just just turistic travel maybe you need to apply for an k3 that as far as i understand k3 is not valid when sumited in parallel with cr1

First you have to visit the consular webpage and then you can contact then to be sure about your next step

Edited August 20, 2010 by inloveVEN

[Not me 1]

No, you misunderstand what the embassy meant by refusing a spouse of a US citizen to travel to the USA.

They don't want her to travel because they think I'm trying to sneak her to America without going through the official steps everyone else has to go through.

They refused my wife because they said they weren't convinced that she wasn't really trying to secretly immigrate to America, instead of just traveling. Our travel plans were to visit my family for a couple of weeks, and then return to China.

The US government in China has a fetish for not allowing wives of US citizens to travel without first being granted a immigration visa.

A k3 visa take just as long as a CR1, and sometimes it take longer. If I was going to go through the trouble of getting a k3 (which doesn't come with a work permite or SSN) I might as well just forget the k3 and get a CR1. But I understand your trying to find options for me, and i thank you. I just didn't want to have to wait 7 months to a year to travel to my home.

Its very difficult to get a travel visa for a wife here, and that is why we prepare so carefully.

But it appear that we don't even get the chance to prove our intentions with evidence, and the vague first impressions of the embassy bureaucrat is enough to condemn my wife, and refuse her entry to my home country to visit my family.

[Kikay K 1]

Sorry to hear that she got denied. It is, however, expected from the US embassy to turn down B1 applicants who cannot prove sufficient ties to China (business, much money, kids left behind, etc.), and on the other hand have relationships in the USA. This is true in many other countries such as the Philippines. I, for one, got denied when I wanted to visit my bf on a B1 visa. My mother got denied twice for wanting to visit my brother in the US. Having relatives in the US and not having much ties to China as I've mentioned, would be a red flag for someone who applies for a tourist visa. It's just how consuls are trained, regardless of where the embassy is. Good luck with your CR1 or K3 :-)

[inloveVEN 46]

Hi

I am so sorry about what happened to you

I undestood you well. In my country it is so common that you are denied the first time because political reason, and they assume that everybody who plan to travel to usa is with the main intention to inmigrate but people try several times and in a second or third chance b1 visa is approved and most of the people just want to travel in a pleasure trip.

Just keep trying fortunatelly your wife have an additional option to file for a k3 that is also a non inmigrant visa and if you just want to travel for a couple of weeks this is good enough for she. She will have no limitations about the time in usa and if you want to stay juat start the EAD process.

I can imagine that you in this moment only see everything dark but always think that you and your wife have different options to travel.And using DFC iT is always faster thant the normal process to find a k3 or c1

Edited August 20, 2010 by inloveVEN

[Darnell 8,478]

I'm sorry, but for a B-2 visa, the non-USC person MUST be prepared.

You must bear in mind, that the Immigration Officer, handling her interview, on interview day,

is required, via regulation, to assume that anyone interviewing for a Tourist Visa, has immigrant Intent.

So, going by that regulation, that Immigration Officer will review, instead, her copious pile of evidence that shows her strong ties to China. Having a USC Spouse in tow, IMO, hurt her 'case', for a tourist visa.

If the evidence pile is sufficient, then she'll be granted the Tourist Visa.

If it's not sufficient, she'll be denied.

This was covered, for a B2 visa, here -> http://beijing.usembassy-china.org.cn/niv_issuance.html#niv1 Did you see it, prior ?

Immigration is a priviledge, not a right. Many people confuse the two.

Now, I truly don't wish to upset you, but - some good news!!!!

her 'failing' at getting a tourist visa has nothing to do with YOUR filing an I-130 petition, then HER filing the subsequent DS-230 (Visa Application) for an immigrant visa. Nothing what-so-ever - the 'rules for adjudication' are different. Prior failings on a B-2 visa attempt DO NOT COUNT, for a CR-1 visa.

---

Going forward - filing an I-130 is straightforward, a Direct-Consular-Filing to BeiJing. Takes about 2 to 4 months from start to finish.

Please note, filing to the Chicago Lockbox, instead, currently is taking about 10 months, from start to finish, and I recommend you not take that path - you qualify for DCF, so file 'in that fashion' if you'd like her to have a CR-1 visa.

Going forward, you'll need to 'drop off' the I-130 petition with USCIS office in BeiJing. It moved last year, things were chaotic first 2 quarters of THIS year, but 'process' has settled back to normal. Must make an appointment to drop it off.

Pay attention to the '6 types of evidence' in the I-130 instructions , prior to filing, and later, once the I-130 is approved, make your approach for 'proving up USA domicile' or 'proving up intent to re-establish USA Domicile' right around the time the DS-230 is filed . You'll need to have 'domicile in USA' sorted , prior to interview day, or expect a longish wait after the interview, whilst you generate that proof. IS OK to for YOU to leave China (if you have to) after the DS-230 is submitted, to generate the domicile proof.

Currently , to file I-130 via DCF to BeiJing - you need to contact USCIS/BeiJing first, to schedule an intake - U.S. citizens who reside in China can file petitions at the Citizenship and Immigration Services office (USCIS) (86-10) 8531-3111 (telephone), (86-10) 8531-3100 (fax) or email dhsbeijing-cis@dhs.gov. (from http://beijing.usembassy-china.org.cn/acs_married.html )

(last note, K-3 visas are dead, since 1 FEB 2010, see http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/ )

Good Luck !

Edited August 20, 2010 by Darnell

[spinalinterior 0]

Dante,

I am going through almost the EXACT thing that you are and have written

about it here: Hello from China

I know the pain as my wife's interview just happened in late July.

We will be moving forward with the I-130 in the coming weeks.

Darnell, you are so helpful!

[Darnell 8,478]

Dante - what's up? You file the I-130 to BeiJing Yet?

[Not me 1]

We decided to try again for the B1 visa.

I have a friend who worked in the embassy for about 20 years helping me. He's retried now, and helps many couples with visa issues as a way to supplement his income. He's had 100% success getting married couples and non-married couples travel visas in China.

Part of the problem is the embassy is playing a game with most people. The attitude is they really don't want to give anyone a visa, and if they don't have to they won't. The thing is most couple and applicants give up and that is the end of it as far as the embassy is concerned. It takes two to three tries to get the visa. Keep in mind that you do have to have your evidence, but my friend looked over our file, and said its a strong case in our favor. He had to interview people for visas for years, and knows what they look for. The trick is the embassy workers don't actually have to look at anything to deny your request.

I went to the embassy with a prepared letter complaining that my wife was treated unfairly and wasn't given a legitimate interview since they didn't look at any evidence. I made a formal complaint as I was instructed by my friend.

Really you have to make there job harder, and force them to take a look. You need to be prepared, but its not impossible and very doable.

The reason I'm going for the B1 travel visa is because its a shortcut for the CR1 process. Once your spouse is granted a B1 travel visa you can renew each each year without going through the interview process again. You can then apply for your immigration visa, and the embassy cannot cancel your current B1 visa.

I repeat you have to get the B1 visa first before filing your I-130 application. If you already have your B1 travel visa you can then travel as much as you want while you wait for your immigration visa. That means your husband or wife can be with you in your country while your both waiting for the process to finish for your immigration visa.

Unfortunately your wife or husband will have to return for the interview when your immigration application is approved since they have to be in the embassy in person.

[Not me 1]

To update everyone my wife got her B2 travel visa. It took tow tries, the first time ending in disappointment, but the second time was the charm.

I would encourage couples who are looking for a travel visa in China to keep trying. The visa is very useful once you have it.

[Darnell 8,478]

The reason I'm going for the B1 travel visa is because its a shortcut for the CR1 process. Once your spouse is granted a B1 travel visa you can renew each each year without going through the interview process again. You can then apply for your immigration visa, and the embassy cannot cancel your current B1 visa.

I would suggest you meant, "its a shortcut around the CR-1 process", instead. There is no shortcut FOR the CR-1 process, except to file a DCF'd I-130 in country (China).

IMO, you really weren't interested in the CR-1, you just wanted yer wife to travel with you into USA for yer vacation, which is a perfectly 'respectable' reason for the tourist visa.

Alas, by federal law and 9FAM regulations, anyone applying for the B-2 visa is first evaluated 'with immigrant intent' and it's up to each applicant to provide evidence to overcome this LEGAL presumption. It's even covered on the US Consulate web sites for BeiJing, Guangzhou, Shanghai, Shenyang, and Chengdu.

Anyway - that's really good news that she's got the visa - I hope yer travel plans work out.