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Posted

Hi All,

Just found this site a week ago and I am trying to get this process straight for the DCF requirements. I just married my wife in northern China near Beijing this month. I have been living in China on a 1 year L visa for the last 11 months and am in the process of renewing it right now. I have read conflicting posts on the residency requirements in these forums and now I am totally confused as to what our options are. Some have said only an official chinese residency permit is valid and others have said just living in china on a L visa for more than 6 months is enough to prove residence. Does anyone have 1st hand knowledge of being accepted or refused the DCF process on an L visa after being here more than 6 months? If so, did you have to do anything out of the ordinary? What consulate office did you use? If we can't, what options do we have??? I really don't want to leave my wife to go back to the USA. :( We are thinking of using an immigration lawyer but every law website I looked at says something different. I just can't tell if they are good law firms or if they are just blowing smoke for getting business. :(

My Wife's Huoku is registered in Henan province which falls under Beijing jurisdiction but, we live in Shenzhen, Gungdong province where she works and owns a home. That falls under the Guangzhou consulate. Any idea where we would have to apply?

Any help on sorting this mess out would be GREATLY appreciated! (Now I understand why so many come in illegally... arghhhh! :bonk: )

Thanks!

Eric

P.S. - before the question is asked... I have sufficient business assets and residence in the US to meet the entry requirements for my Wife. That is why I could afford to just leave with no employment lined up in China. ;)

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted (edited)

I see your dilema and I think you may have trouble filing in Guangzhou

  Quote
Form I-130

Immediate relative petitions (Form I-130) are accepted from U.S. citizens with proof of residency within this consular district and he or she should also have a valid Chinese Z, X or D Visa. Additionally, petitions are only accepted for visa categories that are current. The petitions must be filed in person by the petitioner. Please see Frequently Asked Questions for additional information.

I am here on a residence permit but I have heard the Beijing USCIS office is a little more flexible.

  Quote
Immediate Relative Immigrant Petitions (Form I-130):

U.S. Citizens with proof of residency in China may file an Immediate Relative Petition (Form I-130) by making an appointment to come in to the office during Window hours.

U.S. Citizens with proof of residency in China, residing outside of the Beijing or Guangzhou Consular Districts, may submit a Form I-130 petition package by mail to USCIS Beijing Field office along with fee receipt issued from one of the American Consulates General in Shenyang, Shanghai, or Chengdu. The Beijing Field Office may contact petitioners and /or applicants to request personal appearances for an interview or to request additional documentation.

Please note that in China, immigrant visas are only issued at the American Consulate General in Guangzhou. Therefore, unless otherwise requested, all approved immediate relative petitions are forwarded to Guangzhou for further processing.

Have you ever registered with PSB in China? You might want to try to file in Beijing based upon your wife's Hokou assuming your can use a relative's address. However, you would probalby need to register with the PSB in her hometown.

The other question is what is your timeline for returning to the US? You have the option of filing in the Chicago lockbox even from China. You are looking at 10-12 months versus 4-6 months filing DCF.

Edited by LBeachey
Posted

Hi LBeachy,

Thank you so much for the info. I have not registered with PSB yet because we were trying to decide if we should file to move her Hokou here to Shenzhen since the home she owns is here. From what we understand, when they add me to her household registry, it will become more time consuming to perform the change. We are just trying to decide if there is a neccesary benefit to the move. I have never overstayed my Visa time so I am hoping that I don't have any problems. I travel to Hong Kong quite a lot. My passport looks like a stamp festival. :P

My time requirements are not very strict at this point. My Wife has a good corporate job here in Shenzhen and our overhead is very low. Also, my family is coming in Aug. to celebrate our wedding so we will at least get to spend time with them. My main concern is that my Mother is terminally ill. There is no time frame because it is an odd illness but, we were hoping to be able to travel to the USA on short notice for extended time if needed. If I knew she could reasonably get a tourist visa that would be ok but I have read that our marriage may actually hurt her chances. Like I said, my Wife has a good job and a nice home here by Shenzhen standards but after reading this forum I have no faith in the US government to apply common sense to a situation. :S

Thanks again,

Eric

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted
  On 6/27/2011 at 12:23 AM, ekistler said:

My Wife has a good corporate job here in Shenzhen and our overhead is very low. Also, my family is coming in Aug. to celebrate our wedding so we will at least get to spend time with them. My main concern is that my Mother is terminally ill. There is no time frame because it is an odd illness but, we were hoping to be able to travel to the USA on short notice for extended time if needed. If I knew she could reasonably get a tourist visa that would be ok but I have read that our marriage may actually hurt her chances. Like I said, my Wife has a good job and a nice home here by Shenzhen standards but after reading this forum I have no faith in the US government to apply common sense to a situation. :S

How long have you been married? If your wife has a good job, property, and (I assume) substantial assets in the the bank, I think you have a pretty good shot at a visitor's visa.

Has she ever traveled abroad? Documentation of her job, her apartment, and her assets plus a letter from her employer stating she is expected on a certain date. In addition, a letter of invitation stating her itinary in the US. I definitely think it is worth a shot.

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted (edited)

there IS a temporary residence permit, that you can apply for, in her hukuo city (or the big PSB in her province) and this residency permit is one of the things that 'are allowed' for Guangzhou Consular District, US Consulate IV Unit, when filing the I-130 there via DCF. Once you have it, prior time on the L visa does count, thankfully.

It's not a visa, at all.

I do understand the 'hukuo problem' - thankfully shenzhen is a boom town district, many things can transfer to shenzhen because of business and $$.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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