Returned to NVC

[RandyW 149]

yeah, we are reading the some people had to fill out a new i-129f or get married in China and try to do a DCF. We talked about doing the DCF at first but I would have to establish residency in China for 6 months and there is no guarantee that it would get approved. We sit and watch with envy as others seem to get approved...

My next step is probably to try to get through to a tier 2 representative at USCIs. Today, I talked somebody at my congresswoman's office and they are sending me a form to fill out so they can start case work for me. I'm not

and see if I can get some answers. If we do another i-129f, I'm definitely hiring a lawyer....

Panda.

The six month rule was dropped in 2011, but, yes, you would have to show that you LIVE in China in order to file at the consulate. The I-130 may be filed stateside - I believe these are faster than the K-1 applications these days.

The I-130, after having filed an I-129F is MUCH more likely to succeed.

Edited August 25, 2016 by RandyW

[panda-and-penguin 2]

I actually spoke to somebody in my congresswoman's office today. They are sending me a form to fill out and then she said they will follow up with the department to see what is going on. If they get something moving on it, I'm definitely voting for her!!! Not that she needs my vote, she's way ahead in the polls.

[panda-and-penguin 2]

Also, to respond to what Randy said, to establish residency in China, I would have to get a job or something. How would I get a job if my plan is just get married and then move back to the U.S.?

[RandyW 149]

Also, to respond to what Randy said, to establish residency in China, I would have to get a job or something. How would I get a job if my plan is just get married and then move back to the U.S.?

You can LIVE in China WITHOUT having a job. But if your plan is just get married and then move back to the U.S., you do NOT plan on living in China. You will need to file stateside.

DCF filing is only for those who LIVE in China. Having a job, or even having a residence permit, are not required.

Residence permits and work permits are two different things, but the USCIS at the consulate has been known to accept I-130 petitions even from those who are living here on a 3 month tourist visa.

Edited August 25, 2016 by RandyW

[RandyW 149]

I actually spoke to somebody in my congresswoman's office today. They are sending me a form to fill out and then she said they will follow up with the department to see what is going on. If they get something moving on it, I'm definitely voting for her!!! Not that she needs my vote, she's way ahead in the polls.

You may want to Google the term "Doctrine of Consular Non-Reviewability" to find out what you are up against

The pitfalls of the K-1 fiance visa: Consular nonreviewability

Quote

Unfortunately, due to a rule known as the doctrine of consular nonreviewability, there was no way to require a U.S. Department of State visa office to justify either its lack of action or rejection of a visa application. We cannot get a federal court to force a decision, because the courts will defer to the U.S. Department of State under this doctrine. The only way to get past this judicial deference to visa decisions is to prove that the visa office acted in bad faith, an impossibility in the vast majority of cases. This is because the applicant has no information from the visa office, much less information about what evidence the decision is actually based upon.

[panda-and-penguin 2]

We're going to see out the k1 process for now. If this falls through, I'll ping the forum to see about doing the DCF. I have been basically living in China since March. This is the first time I'm in the USA but just had to come back for some business. We also spent 2 months in Thailand for May/June 2016...

How would I prove to them I have been living in China if I am just on a tourist visa?

Kevin

[RandyW 149]

We're going to see out the k1 process for now. If this falls through, I'll ping the forum to see about doing the DCF. I have been basically living in China since March. This is the first time I'm in the USA but just had to come back for some business. We also spent 2 months in Thailand for May/June 2016...

How would I prove to them I have been living in China if I am just on a tourist visa?

Kevin

My guess is that you DO NOT live in China, but someone who DOES will have evidence, such as entry/exit stamps, lease documents, pictures, etc.

Edited August 26, 2016 by RandyW

[RandyW 149]

such as this guy, over on CFL - http://candleforlove.com/forums/topic/48592-a-guide-to-dcf-for-dummies/?hl=woodbreyjt#entry628291

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.

I also believe a work visa is enough to submit this application.

In my case, I had been in China for nearly a total of 7 months, but on a tourist visa. My wife and I didn't live in the city she was from, and due to work and other reasons it was infeasible to go there and pay to change my visa. Instead, every two months I went to Hong Kong and came back the next day. It was evident by the stamps in my passport. I also had two temporary drivers licenses and a rental contract. They felt it was enough to prove I was living in China and not just a tourist. Also, according to the e-mail they sent me and the person I asked in the office, there is no longer a 6 month requirement for being in China.

[panda-and-penguin 2]

Ok people! We have the packet now. Well, not in hand (we're still hanging out in Thailand) but it arrived in China and my fiancee's mom took a photo of it.

My congresswoman or somebody in her office called both state dept and USCIS on my behalf and that seems to have moved the case forward. Before it was stuck in a status where State Department said "Returned to NVC" and USCIS said "We have reaffirmed your petition and sent it back to State Dept, please contact State Dept"....