I need help with next step

[Windy2016 0]

Hello, I will keep it short. Basically, we got married while i was studying in the US. But I went bk to my country before applying AOS sucessfully. I know things get a lot harder now. But i am wondering what is the fastest way for me to go bk to the US? Would getting a visa for visting family members work?

[Pitaya 2,577]

Welcome to the forum.

The legal way for you to get back to the US is to have your USC spouse start the Spouse Visa process, http://www.visajourney.com/content/i130guide1 . Since you have already expressed immigration intent, for you to use a visitor visa could be considered visa fraud by the authorities and could result in serious repercussions for your future immigration processes.

[Windy2016 0]

Welcome to the forum.

The legal way for you to get back to the US is to have your USC spouse start the Spouse Visa process, http://www.visajourney.com/content/i130guide1 . Since you have already expressed immigration intent, for you to use a visitor visa could be considered visa fraud by the authorities and could result in serious repercussions for your future immigration processes.

thank you, I guess this would be the only way? i heard the process time is very long, after he filed, can he come to visit me without having negetive outcome?

[arken 4,197]

thank you, I guess this would be the only way? i heard the process time is very long, after he filed, can he come to visit me without having negetive outcome?

The overall time might take 8 months to a year or even more depending upon the circumstances. He can definitely visit you during the process.

[Windy2016 0]

The overall time might take 8 months to a year or even more depending upon the circumstances. He can definitely visit you during the process.

Can we file document to my local office to speed up? instead of doing it from his area. Also would they allow us to do this while he is not in the US?

[KayDeeCee 4,895]

If he is a resident of China, living there with you, then yes, you could do DCF(Direct Consular Filing). Otherwise, no.

https://www.uscis.gov/about-us/find-uscis-office/international-offices/china-uscis-beijing-field-office

https://www.uscis.gov/about-us/find-uscis-office/international-offices/china-uscis-guangzhou-field-office

[Windy2016 0]

If he is a resident of China, living there with you, then yes, you could do DCF(Direct Consular Filing). Otherwise, no.

https://www.uscis.gov/about-us/find-uscis-office/international-offices/china-uscis-beijing-field-office

https://www.uscis.gov/about-us/find-uscis-office/international-offices/china-uscis-guangzhou-field-office

Thank you for the help. So if he is coming to visit me, acutually he will most likely get a job in China and live with me before we get everything done. Would that enable us to do the DCF? or does he have to apply some paper work to be a resident of China before moving on to DCF?

[Pitaya 2,577]

~Moved from What Visa Do I Need to China Regional Forum~

~Inquiry about DCF in China~

[KayDeeCee 4,895]

Thank you for the help. So if he is coming to visit me, acutually he will most likely get a job in China and live with me before we get everything done. Would that enable us to do the DCF? or does he have to apply some paper work to be a resident of China before moving on to DCF?

I would contact the consulate you would be applying at, and ask them what would constitute residency in China. Ask what documents they would need to show he was residing there with you, and if there is a certain amount of time he needs to be a resident first.

[Chris and ZhiJia 146]

Thank you for the help. So if he is coming to visit me, acutually he will most likely get a job in China and live with me before we get everything done. Would that enable us to do the DCF? or does he have to apply some paper work to be a resident of China before moving on to DCF?

Unfortunately no, that is not enough for the DCF process.

http://beijing.usembassy-china.org.cn/i-130-petition-for-alien-relative.html

Evidence of the petitioner’s residence in China. Please note that

• We need a Residence Permit for Foreigner in the People’s Republic of China (居住许可) to prove your residence in China. Holder of a Chinese visa (签证) in any categories must apply for a Residence Permit for Foreigner to prove their residence in China before direct filing with USCIS Beijing Field Office.
• U.S. citizens whose principal residence is not China and/or are abroad for a short-term visit as a tourist or on business must file their I-130 petition with the Chicago Lockbox. For example, temporary travelers under Chinese L visa will generally not qualify for direct filing with USCIS Beijing Field Office.

After he arrives in China, he would need to apply for a Residence permit. Otherwise DCF is not applicable.

[RandyW 149]

Thank you for the help. So if he is coming to visit me, acutually he will most likely get a job in China and live with me before we get everything done. Would that enable us to do the DCF? or does he have to apply some paper work to be a resident of China before moving on to DCF?

YES YOU CAN! The only requirement, as stated by BOTH USCIS offices is that you RESIDE in the consular district.

Evidence of residency must be submitted with the petition. The evidence you submit must support a determination that you are a resident in China.

The evidence you submit is evaluated ON THE SPOT on a case-by-case basis, and a determination made as to whether to accept your I-130 petition and fee.

From the Guangzhou office

The petitioner must have a residence permit in China in order to file an I-130 with the Guangzhou Field Office. In lieu of a residence permit, the Guangzhou Field Office may accept other proof of residence, such as a lease agreement, job contract, etc. However, this evidence is evaluated on a case-by-case basis.

Thank you for the help. So if he is coming to visit me, acutually he will most likely get a job in China and live with me before we get everything done. Would that enable us to do the DCF? or does he have to apply some paper work to be a resident of China before moving on to DCF?

Edited June 7, 2016 by RandyW

[Chris and ZhiJia 146]

YES YOU CAN! The only requirement, as stated by BOTH USCIS offices is that you RESIDE in the consular district.

The evidence you submit is evaluated ON THE SPOT on a case-by-case basis, and a determination made as to whether to accept your I-130 petition and fee.

From the Guangzhou office

Based on that, it seems it would be better to file in Guangzhou, since Beijing does list that as an alternative method for DCF.

[RandyW 149]

Based on that, it seems it would be better to file in Guangzhou, since Beijing does list that as an alternative method for DCF.

The provinces covered by the USCIS consular districts are listed on their web sites. You must go to the one with jurisdiction over the province you reside in. BOTH accept I-130 petitions (what we call DCF).

The rules concerning who is eligible for DCF (including DROPPING the 6 month requirement) were changed in Dec., 2011

From the Beijing web site - https://www.uscis.gov/about-us/find-uscis-office/international-offices/china-uscis-beijing-field-office

Who May File or Receive Service?

U.S. citizens residing in USCIS Beijing's jurisdiction filing on behalf of their spouse, unmarried child under the age of 21 or parent (if the U.S. citizen is over the age 21).

Evidence of residency must be submitted with the petition. The evidence you submit must support a determination that you are a resident in China.

The Consular Official accepting your petition makes the determination as to whether your evidence of residency is adequate,

Edited June 8, 2016 by RandyW

[Chris and ZhiJia 146]

The provinces covered by the USCIS consular districts are listed on their web sites. You must go to the one with jurisdiction over the province you reside in. BOTH accept I-130 petitions (what we call DCF).

The rules concerning who is eligible for DCF (including DROPPING the 6 month requirement) were changed in Dec., 2011

From the Beijing web site - https://www.uscis.gov/about-us/find-uscis-office/international-offices/china-uscis-beijing-field-office

The Consular Official accepting your petition makes the determination as to whether your evidence of residency is adequate,

Good to know, I was referencing my information from the Beijing Embassy's website, which seems to have slightly contradictory information to the USCIS Field Office website, or rather not fully detailed information.

[cypherdragon 3]

Welcome to the forum.

The legal way for you to get back to the US is to have your USC spouse start the Spouse Visa process, http://www.visajourney.com/content/i130guide1 . Since you have already expressed immigration intent, for you to use a visitor visa could be considered visa fraud by the authorities and could result in serious repercussions for your future immigration processes.

Just as a clarification on this - obtaining and overstaying a vistor's visa, or given your situation applying to adjust status when you're here using it, can be considered visa fraud. You can apply for a B1/B2 visa so you can come visit during the I-130 petition process. However, since you are already married, it will probably be very difficult for you to gain approval from the consulate. The way the consulate works on B1/B2 (or most other visa types, TBH) is they will assume that you intend to remain in the US and not return to China after your approved stay duration (which is decided by the CBP on your arrival, but can be up to 6 months). The burden of proof is on you to show that you will return to China if you have a visitors visa.

If you do decide to apply for the B1/B2, some important points to remember:

1) Make sure you have LOTS of proof that you will be returning to China. Mortgage/lease contracts, work contracts, letters from your employer stating the times you intend to travel and the time you will return to work, etc.

2) Be 100% honest during the interview - if they ask you if you are working on a I-130, or if you are married to an American, then be completely honest with them. They likely already know the answer to the question, but they are testing if you are upfront and honest or not.

It will be very difficult, but it can be done. If you are approved, remember to use the visa as it is intended - for short-term visits. Like Pitaya said, overstaying, or abusing, your visa could have serious repercussions, even up to being banned from the country if USCIS decides the abuse is flagrant enough.