already filed I-129F, but...

[laogong 0]

Good evening everyone!

I had filed a I-129 in March and got the receipt of notice (I guess you call it NOA1?) dated March 21st. I check the USCIS website twice a day, but there are still no updates or word on what is going on... It states that the last updated was March 26th,2011. I am currently in China + living together for more then 1/2 a year now. --However, my resident permit is about to expire around August... We really do not want to be apart from each-other and are at a crossroads on what we should do..

Option 1: I would have to return to the USA and we would continue to wait for approval for her. ( I heard many 'rumors' that the Guangzhou Consulate has a bad habit of delaying interviews for months...)

Option 2: Get married in China and have the Chinese Gov't extend my permit indefinitely. Stay in China until my final business deadline in September while waiting for the visa --but: can she still get issued and come on the K1? or do I need to refile everything ? or what about trying for a DCF?

I guess my question is, should I go ahead with marrying her in China or should I wait for the K1 and do it in the USA?

I have heard that getting married while waiting for the 129F to be approved will invalidate it and the K1 process, thus delaying the issue or approval of a visa for her. I also heard that I would have to start back at square 1 and file for a 130 and wait all over again (the clock starts over essentially) ...

Can I get some opinions or advice from some of you veterans on what I should do or what to expect?

We do not plan on really living in the USA, but I must return to the USA before September for about a year and a half to two years in order to finish my business before I am free to do whatever or live where ever. As such, I wanted her to be able to come with me to spend that time together so that she can become more familiarized (beyond SKYPE) with my family members and understand our culture more. Secondly, I wanted to get her a green card so that if something were to happen to myself, she could join my family members in the USA.

Thank you for your time and assistance!

[canadian_wife 1,808]

What is going on is normal..waiting. You were never to expect an immediate response to your petition. USCIS is taking about 5 months to process petitions, so look at August before you hear anything. I understand that you do not want to be apart, but that is likely going to be part of your process.

If you get married, you'll have to start ALL OVER AGAIN, and lose the filing fee.

What you do is a personal decision to you and your fiancee.

DCF is for people who are legal, permenant residents of the foreign country for at least 6 months, not for those on temporary visas

Good luck

[rin and john 71]

Good evening everyone!

I had filed a I-129 in March and got the receipt of notice (I guess you call it NOA1?) dated March 21st. I check the USCIS website twice a day, but there are still no updates or word on what is going on... It states that the last updated was March 26th,2011. I am currently in China + living together for more then 1/2 a year now. --However, my resident permit is about to expire around August... We really do not want to be apart from each-other and are at a crossroads on what we should do..

Option 1: I would have to return to the USA and we would continue to wait for approval for her. ( I heard many 'rumors' that the Guangzhou Consulate has a bad habit of delaying interviews for months...)

Option 2: Get married in China and have the Chinese Gov't extend my permit indefinitely. Stay in China until my final business deadline in September while waiting for the visa --but: can she still get issued and come on the K1? or do I need to refile everything ? or what about trying for a DCF?

I guess my question is, should I go ahead with marrying her in China or should I wait for the K1 and do it in the USA?

I have heard that getting married while waiting for the 129F to be approved will invalidate it and the K1 process, thus delaying the issue or approval of a visa for her. I also heard that I would have to start back at square 1 and file for a 130 and wait all over again (the clock starts over essentially) ...

Can I get some opinions or advice from some of you veterans on what I should do or what to expect?

We do not plan on really living in the USA, but I must return to the USA before September for about a year and a half to two years in order to finish my business before I am free to do whatever or live where ever. As such, I wanted her to be able to come with me to spend that time together so that she can become more familiarized (beyond SKYPE) with my family members and understand our culture more. Secondly, I wanted to get her a green card so that if something were to happen to myself, she could join my family members in the USA.

Thank you for your time and assistance!

You may be able to marry in China and file DCF. From the Guangzhou consulate's website (FAQs):

http://guangzhou.use...iv_faqs.html#B2

"2. I've been living in China for more than 6 months. How can I file an immigrant visa petition here?If you've been resident in China for at least the last six months, and are petitioning for the CR1/IR1, CR2/IR2, or IR5 visa classes, you can file a petition at a USCIS office in China.

For the Guangzhou consular district (Guangdong, Hainan, Fujian, Guangxi), contact the USCIS office in Guangzhou:

U.S. Citizenship and Immigration Services

5th floor, 2nd annex of Tianyu Garden

136-142, Linhe Zhong Rd.

Guangzhou, P. R. China 510133

Phone: (86-20) 8518-7651

Email: <A href="mailto:cis-guangzhou.inquiries@dhs.gov">cis-guangzhou.inquiries@dhs.gov"

You may want to e-mail or call them and find out what qualifies as "been resident" and inquire as to the typical processing time.

As previously indicated, if you marry, the K1 becomes void and you have to start over (and the fee is lost).

Edited June 7, 2011 by rin and john

[rin and john 71]

An additional thought...if you go the DCF route, your wife becomes a legal permanent resident when she enters the USA. On a K1, you file for AOS after marrying in the USA, so she would not become an LPR for several months after arrival. You said you plan to stay a year or two in the USA. At the three year mark (if she stays that long) she can become a US citizen. Having US citizenship will make it much easier to travel back to the USA in the future once you reside in China. If she does not naturalize, she will most likely lose her LPR status due to absence from the USA and require a visa to travel to the USA once you relocate to China permanently.

So the DCF starts the clock on her ability to become a US citizen sooner than the K1 route.

Edited June 7, 2011 by rin and john

[garfield529 47]

One other note, since you have been living in China for a while now, just keep in mind that you will have to prove domicile. Are you planning to live in China long term after the 1-2 years are up in the states? This will have an impact on your wife's GC since she will be outside of the country for greater than 6months per year and will run into trouble with her status. This is an interesting situation.

An additional thought...if you go the DCF route, your wife becomes a legal permanent resident when she enters the USA. On a K1, you file for AOS after marrying in the USA, so she would not become an LPR for several months after arrival. You said you plan to stay a year or two in the USA. At the three year mark (if she stays that long) she can become a US citizen. Having US citizenship will make it much easier to travel back to the USA in the future once you reside in China. If she does not naturalize, she will most likely lose her LPR status due to absence from the USA and require a visa to travel to the USA once you relocate to China permanently.

So the DCF starts the clock on her ability to become a US citizen sooner than the K1 route.

Agreed, probably your best route.

[laogong 0]

Thank you all for the great information and input!!

This has given me alot to think about and consider @.@ .. .meanwhile, I'll shoot an email to the Guangzhou consulate and see what qualifies as 'being a resident'... If it is just a period of 6 months, I definitely qualify since I've been here far beyond that time frame.

Ahh... this is so nerve-racking

I can't wait for it all to be completed and over!

^^ side question: I noticed a few responses to the LPR/GC issue... what is the min. amount of time that needs to be spent in the US to maintain her status? We were definitely going to return and stay in China for the long haul --as such, I don't think naturalization is a good option since she would have to give up her citizenship from PRC (thus complicating our return.. for myself, it should not be an issue getting a visa to come back and do some kind of work, but I can probably make a safe bet that the CPC would not be too forgiving if she had given up her Chinese citizenship for US and then returned to settle down ..) ..

[garfield529 47]

In your last post, you said "but I can probably make a safe bet that the CPC would not be too forgiving if she had given up her Chinese citizenship for US and then returned to settle down," can I take that to mean that she is CP member? If so that is going to change the time frame of your visa since it is highly likely that you will get a blue slip requesting more information....even if you have everything you think the consulate wants. Can you confirm which way?

[Darnell 8,478]

here is a DCF case for china - http://candleforlove.com/forums/index.php?/topic/39544-off-to-see-the-wizard-of-guz/

[laogong 0]

Someone is definitely looking down on me and answering prayers! When I woke up this morning and was checking my email, I saw the magic words "Case Status Information Update" --I just received email confirmation that the I-129F has been approved and it is being sent to NVC!

Does anyone know where I can or how I can track the NVC? Also, what's the current processing time? I have all my mail still going to my residence in the USA. If it's only available in a letter, then I will have my relative go through my mail for me in the US.

@Garfield , she worked in the belly of the beast... her father is a retired official at the provincial level, they both are party members and she used to work for the television station. (she quit so we can be together due to the rules of the game out here...) --Do you think this will cause some problems @ the consulate when it comes time for an interview?

Thank you all! This is definitely exciting!

[garfield529 47]

I think the consulate may or may not have big issue with this. The daughter of a party official and having worked for CCTV(?) would mean that she would have at least made some statements of dedication to the party. Having resigned helps, just have to wait and see what happens. DARNELL!? What do you think?

[Darnell 8,478]

CCP membership always an issue, but is small loophole to squeeze through after interview day blue slip...

IF she can prove up that it was solely for work, she'll be OK. Given the backstory, I think is 50/50 chance.

Edited June 13, 2011 by Darnell

[JimVaPhuong 4,863]

CCP membership always an issue, but is small loophole to squeeze through after interview day blue slip...

IF she can prove up that it was solely for work, she'll be OK. Given the backstory, I think is 50/50 chance.

The involuntary membership exception doesn't require that the applicant prove that their membership was solely for work. It requires that they prove that they couldn't work without it. Someone who could not get a job without joining the party could be approved for the exception. Someone who chose to join the party to improve their promotion options would be denied.

The close family member exception is probably easier. The spouse of a US citizen can be granted an exception if they can demonstrate they aren't a threat to the US.

[laogong 0]

Quick Question...

Does she have to go back to her hometown to get the police report? or can we get it from the city we are currently in?

[Darnell 8,478]

police reports are issued FROM the hukuo city or the big city next to her hukuo city.

USUALLY a family member thats listed in the hukuo book, can go get one for her, in the hukuo city.

Once gotten, it covers all of China.

How far away is her hukuo city ?