To DCF or not (China)

[Kasyl 0]

Hey everyone,

So I'm at a crossroads here. My wife is a Chinese citizen. We got married while she was here in the US, and she has now returned to China. I am moving to China (Guangzhou) in 4 days to work. Given the situation, I can choose two things here: potentially go through DCF or just submit an I-130 before I leave this week.

I think the safe route is to just submit the I-130 here. However, I'd really prefer DCF if I can get things to work out (for timing reasons). The key is that the embassy/consulates in China require that one lives in China for 6 months (e.g. working) before one can qualify to go through the DCF process.

Does anyone have any experience with doing DCF in China more recently? I read that the rule is not always strictly enforced. If I have a work permit, will they potentially allow me to file through DCF even before the 6 month minimum? If we go through filing an I-130 now, then how long will that take? I've seen a few other people on these forums whose time between filing and entry into the US only took ~7-9 months (from China). If we can pull of the same time, then it's no problem, but it'd be rather unfortunate for us if it takes longer than that.

Thanks,

Dan

[Mollie09 1,543]

When are you planning to move back to the US?

[Kasyl 0]

When are you planning to move back to the US?

Ideally next year in July or August, because one of the first things we intend on doing is having a second "real" wedding ceremony at that time. Until then, she's finishing school and I'll be working while she is doing that.

[Confusedtinybird 41]

I found this thread http://www.visajourney.com/forums/topic/499867-dcf-guangzhou-china-current-timelines/

Someone who did DCF this year. Applied March 13th interview was May 27th (click on the link for the full timeline)

But even if you factor in the 6 months wait to do DCF I would still do it. Much easier and less hassle. And you would still make your targeted July or August date you would like to be in the USA.

[Kasyl 0]

I found this thread http://www.visajourney.com/forums/topic/499867-dcf-guangzhou-china-current-timelines/

Someone who did DCF this year. Applied March 13th interview was May 27th (click on the link for the full timeline)

But even if you factor in the 6 months wait to do DCF I would still do it. Much easier and less hassle. And you would still make your targeted July or August date you would like to be in the USA.

Thanks!

I actually discovered that in China the 6-month residence rule no longer applies. All I need is a residence permit (which I will be granted while working). So, I will be definitely taking the DCF route.

EDIT:

The Guangzhou consulate website states ( http://guangzhou.usembassy-china.org.cn/i-130-petition-for-alien-relative.html )

U.S. Citizens who legally reside in the local area, can file an Immediate Relative Immigrant Petition (Form I-130) by coming to the office during public service window hours only. We do not accept applications by mail.

Edited September 11, 2014 by Kasyl