Would DCF work for me? EXCITED but cautious...

[Sun Wukong 2]

So, I have been desperately trying to figure out the best way to get my fiance to the United States, and had been looking at several different options. I had never heard about the DCF option though until now, and wish I had heard about it sooner. I am not sure if this visa would work for me or not, so here is a bit of background-

-I recently lived in China for one year and 3 months. I moved there after graduating from University here in the States. I was teaching English, and decided that I wanted to do something a bit more focused on my degree (business), so I returned to the United States to find new work.

-I am currently in the United States, and am searching for a new job. I figured I would turn in the K-1 petition, and while I was waiting for it to complete, I would continue to search for work both here and in China. If I found a job I liked here, I would wait out the 6-9 months for my fiance. If I found a job I could do for a while in China, I would move to China and work there for 6-9 months while I wait for the k1 petition. If I decided that I really enjoyed the job I found in China and wanted to stay for over a year, I would cancel my k-1 petition (as staying in China for so long would most likely void it due to time requirements) and instead file for a CR-1 visa. Then in 2 years or so my "then" wife and I would return to the United States together

-My biggest problem is that I do not yet have a job, and depending on the job I find, I may have to take different courses of action. However, I miss my fiance A LOT. I have already been back in the States for 3 months, and I don't like the idea of waiting another 7-8 months to see her again.

We had been working to get the documents together for the K-1 petition, and it took much longer than we had originally anticipated to find all the paperwork. However, we finally found everything, and I was preparing to send out the K-1 petition today. Honestly having been back for three months already, I am at the point where I really just want to be with my fiance as soon as possible, even if it would mean moving back to China and taking a job that won't benefit my career for a few months. However, I was reading a previous post that I had made a few days ago, and someone suggested I look into the DCF. My fiance is from China, and it seems China accepts DCF. Also, I have lived in China for over a year. From my understanding, DCF only takes about 3 months!!! I am extremely excited to hear this, but I still don't know if it is an option for me. So, here are my questions...

1) Can I fly back to China for a week or two, get married, turn in the consular paperwork while there, and then fly back to the States? Can I just mail the forms to China?

2) As I am not employed currently, could I use a co-sponsor? Could I include a copy of a job offer letter plus the salary they are offering me to prove that I have options/ can support my fiance? (I'd prefer to keep job hunting for something that I like a bit more, but I do have some offers, and they would meet the salary requirements. I'd just prefer to keep job searching until I find something I really like.) Is the documentation needed for my finances very strict?

3) What paperwork would be required to prove I lived in China for over a year? Would passport stamps be enough proof? I don't have any paperwork for the teaching work I did, so I hope that this plus photos would be enough proof that I lived there for over a year (though I did leave the country every 2 months for a few days in order to stay in line with my M visa requirements...)

4) Could this really all be done within three months?

If possible, the DCF route seems like a great option for me. I could bring my fiance over to the states and find a high paying job that meets my career goals here, which is much harder to find in China. I also could avoid worrying about not seeing my fiance for 9 months. I really want to find a job in line with my career goals so that I could support both myself and my fiance, but if it means not seeing her for almost a year, I feel that I may be better off just going back and taking a decent job for a while just so I can be with her... Anyhow, any advice would be greatly appreciated. I apologize for the rambling nature of this post, I was just so shocked when I heard about the DCF option for the first time today literally right as I was about to send out my K-1 petition... Thank you everyone for your advice!

[Kastrs 723]

Since you are now living in the US, DCF is not an option

[lost_at_sea 995]

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

Read that page.

1. No. You'll need a residence permit before you can file the I-130 locally.

2. If you don't have a US income, then yes, you can and will likely have to use a joint-sponsor. Job offer won't be enough alone. They'll want to see your US tax returns for the last 3 years, joint sponsor or not.

3. See link above. You'll need the residence permit.

4. In a magical land of everything going perfectly, it could take 3 months. Given that you need to first obtain a resident permit, it seems likely it would take more than 3 months.

Edited August 22, 2016 by lost_at_sea

[Sun Wukong 2]

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

Read that page.

1. No. You'll need a residence permit before you can file the I-130 locally.

2. If you don't have a US income, then yes, you can and will likely have to use a joint-sponsor. Job offer won't be enough alone. They'll want to see your US tax returns for the last 3 years, joint sponsor or not.

3. See link above. You'll need the residence permit.

4. In a magical land of everything going perfectly, it could take 3 months. Given that you need to first obtain a resident permit, it seems likely it would take more than 3 months.

I have a an M visa (business visa) valid for ten years that allows me to stay in the country for 60 days, and then make a quick visa trip out of the country and come back.So you think this wouldn't be enough, and a residence permit would be required? On the guide here at visa journey, I thought it stated that if you had lived in the country previously for at least a year, you could apply for the DCF? I may be misunderstanding things though...

Since you are now living in the US, DCF is not an option

Are you certain about this? On the guide here I believe it says that you have to have lived in the country for over a year, which I did... but technically couldn't I just move back for a month or two while this processes? I have an M visa, so going back isn't too hard for me...