Thoughts on plan needed (split topic)

[LightSear 8]

I was also wondering about this as well. My wife and I have been married a year now in China, and what makes my position unique is that I have a US degree in Music Education. Teaching jobs only have a Feb-August window in America, and a September-March window in China. Once the school year starts you're only doing temp work for very low pay. If I can't get a job in China, I want to have the option of returning to America with as much time possible to look for a job. That means returning in June 2015. It seems the average wait time of getting a visa is about 8-9 months. So I'd apply nine months in advance. Here's my plan:

Sept 2014-Apply for immigration

Sept 2014-March 2015: Look for Job in China

If I find a job in China, I withdraw my application. The most likely time I may find a job in China is in March 2015.

June 2015: If I haven't found a job, Leave China with my native Chinese wife, and look in America.

Anybody have thoughts. I'm nervous that if I withdraw, but apply in a future year, my application will be less credible.

Edited May 26, 2014 by LightSear

[Ryan H 3,812]

***Post split from old thread***

**Moderator hat off**

For starters, you would be filing a petition, not an application.

If you find a job in China, don't withdraw the petition. It can sit at the NVC for one year with no action. Another option is to file the petition at a USCIS field office in China (DCF). Filing this way moves way quicker than petitions filed stateside. When filing DCF, there are domicile and sponsorship issues that you will need to address.

Edited May 26, 2014 by Ryan H

[Darnell 8,478]

do you really want to return to USA? I loved working in Singapura.... you can get a 1 year work contract if you seek it out.

[LightSear 8]

It's complicated. My US teaching license expires in three years. I need official experience in order to keep it, and I've grown sick of teaching English. The kids are great, but the subject is not my passion and the pay is low. If I can land a job in an expat school in China teaching Band that would be awesome. I have the expertise for it. I was a band director in America for two years before the economy went bad so that's what I'm trying for. But if it falls through, it need a back-up.

It seems I need to do more research on how the petition process work. I haven't looked at the stuff in a while.

Lightsear

[Ryan H 3,812]

Here are some links to assist you with your research:

USCIS field in Beijing, scroll down to I-130: http://www.uscis.gov/about-us/find-uscis-office/international-offices/china-beijing-field-office

If you don't live in the jurisdiction of the Beijing office, here is the Guangzhou field office: http://www.uscis.gov/about-us/find-uscis-office/international-offices/china-guangzhou-field-office

Same as before, scroll down to I-130.

VJ guide on filing abroad: http://www.visajourney.com/content/dcf

Note, some the forms listed in that guide are no longer used.

VJ guide on filing a petition stateside: http://www.visajourney.com/content/i130guide1

Note, some the forms listed in that guide are no longer used.

[LightSear 8]

Hello All,

I'm an American citizen who plans to move back to the USA with my Chinese wife. We now have had our official Chinese marriage certificate for 1 year and 10 months in China. I have been a resident of China for almost 5 years now. I really want her to come with me to America at the same time I leave in June 2015. I have been hoping that I can do a Direct Consular Filing at the Guangzhou consulate, but I read this document from USCIS that scared me about this option: http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf

Has anyone recently done a DCF in Guangzhou? Does anyone have any thoughts about my plans or think that a DCF is not an option? I've also heard that a DCF have a less likely chance of acceptance. Is that true? She has gone to Australia for study, and has visited my parents in America on a tourist visa if that changes thoughts. Her English is very strong.

LightSear

[LightSear 8]

An additional concern is that my residence in America was officially my mother's, but she recently moved 2 monthes ago.

LightSear

[Ryan H 3,812]

Hello All,

I'm an American citizen who plans to move back to the USA with my Chinese wife. We now have had our official Chinese marriage certificate for 1 year and 10 months in China. I have been a resident of China for almost 5 years now. I really want her to come with me to America at the same time I leave in June 2015. I have been hoping that I can do a Direct Consular Filing at the Guangzhou consulate, but I read this document from USCIS that scared me about this option: http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf

Has anyone recently done a DCF in Guangzhou? Does anyone have any thoughts about my plans or think that a DCF is not an option? I've also heard that a DCF have a less likely chance of acceptance. Is that true? She has gone to Australia for study, and has visited my parents in America on a tourist visa if that changes thoughts. Her English is very strong.

LightSear

DCF is an option for you. As I stated in my previous post, there is a USCIS field office in Guangzhou. If you live in the jurisdiction of that office, that's where you go to file. Click the second link in my previous post for the website of that field office.

Less likely chance of acceptance?????? Who said that??? You and your spouse have been living together in-person. Cases such as yours are rarely denied for the relationship not being genuine.

An additional concern is that my residence in America was officially my mother's, but she recently moved 2 monthes ago.

LightSear

This in of itself is not an issue but you will need to show how you are reestablishing domicile in the US.