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yanglan

Am I considered a "Resident"?

By yanglan in Direct Consular Filing (DCF) General Discussion

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yanglan Newbie

yanglan   0

Posted
Filed: Country: China
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Posted

I am a young American who has been living in China for 5 years, currently on a 2 year Residence Permit which is valid through September 2015. I have plenty of evidence that this is where I have lived with my wife for the past 5 years.

This winter I decided to extend my stay in the United States since my business has been picking up (I usually take a vacation for the Christmas/New Years holiday to visit my family home). I have now been in the United States for 5 months while my wife went back early January.

Does this extended stay in the US disqualify me from filing an IR1 via DCF even though I have a valid Residence Permit and other "residence proof" such as a current apartment lease?

Thanks in advance for any help you can provide!

RandyW Rising Star

RandyW   149

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

I am a young American who has been living in China for 5 years, currently on a 2 year Residence Permit which is valid through September 2015. I have plenty of evidence that this is where I have lived with my wife for the past 5 years.

This winter I decided to extend my stay in the United States since my business has been picking up (I usually take a vacation for the Christmas/New Years holiday to visit my family home). I have now been in the United States for 5 months while my wife went back early January.

Does this extended stay in the US disqualify me from filing an IR1 via DCF even though I have a valid Residence Permit and other "residence proof" such as a current apartment lease?

Thanks in advance for any help you can provide!

What is needed in order to file DCF is a valid Residence Permit and other "residence proof" such as a current apartment lease. In fact, the current apartment lease probably isn't necessary, but take it with you anyway.

From the Guangzhou USCIS - http://guangzhou.usembassy-china.org.cn/i-130-petition-for-alien-relative.html

U.S. citizens residing in our jurisdiction may file an I-130 petition with either the USCIS Guangzhou Field Office or Chicago Lockbox.

No mention is made of the six month requirement - just that you "legally reside" in the "local area".

If your Chinese residence falls under the jurisdiction of a different consulate USCIS office, please check with them for their specific requirements. The Beijing embassy has indicated that they will accept any "long- term official authorization permitting you to live in China", and does not require an actual residence permit.

The "six month requirement" language was dropped from both the Guangzhou and the Beijing USCIS' web sites a couple of yours back.

玉林，桂 resident
Feb 23, 2005 ........ Mailed I-129F to TSC . . . . . . . . .March 8th ............. P1 from CSC
April 11 ................. P2 from CSC . . . . . . . . . . . . . . . . .April 25 ................ NVC sends packet to GUZ
June 22 ................ P3 received . . . . . . . . . . . . . . . . . .Nov 22 ................. PASSED Interview
Dec 2 ................... Made it! . . . . . . . . . . . . . . . . . . . . .Dec 16 .................. Married
May 23, 2006 ..... TDL, EAD, AP received. . . . . . . . . June 16, 2006 ........ AOS interview - wait for FBI bkgrnd check
Apr 19, 2007 .... EAD # 2. . . . . . . . . . . . . . . . . . . . . . Oct 7, 2008 ......... 10-year green card
- - - - - - - - - - - - - - - - - - - - - - - - - - K2 (son) - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dec 2 ..................... AOS/EAD filed . . . . . . . . . . . . . .Dec 17 ................... 21st birthday
Jan 4, 2007 .......... transferred to CSC . . . . . . . . . . . Feb 6, 2007 ............ transferred to MSC
Feb 23 .................... EAD card . . . . . . . . . . . . . . . . . . .Apr 16 .................... AOS denied (over 21)
Jul 26 .................... Master Calendar hearing . . . . . . Nov 15 ...................... Removal hearing
Jan 29, 2008 ........ Voluntary departure

 
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