Residency for DCF in Beijing? +General questions

[ShanghaiStory 0]

Hello all! I am new and so glad to have found this site. My husband of 4 years is Chinese and we mostly lived in Japan before moving to Shanghai. Life happens and we need to cut short our time here to move to the USA. I have spent the past few days researching online how to get my husband through the immigrant visa process, and the info on this site helped greatly. But our situation is a bit out of the ordinary so I am still left with questions. I would be so appreciative if anyone with experience could give me some advice!

 

 

-Can I DCF now?

 

I am wondering if I will be able to qualify for DCF in China. I have been living abroad since 2011, in Japan up until late August last year when we moved to Shanghai, China. The problem is I am not sure whether the rule is the U.S. citizen must have been a resident -somewhere- abroad for at least 6 months, or actually have been a resident IN the country they plan to file DCF for 6 months. 

 

So I guess my question is, if I change to a residence visa now can I use a combo of my old residence cards/visa in Japan, those entry/exit stamps from China, and my new Chinese residence visa to prove my residence abroad? Or is the rule that you must absolutely be a resident of the specific country you plan to apply DCF for 6 months? I will hit the 6 months mark of residency in China this march, but ideally I’d like to file now.

 

 

-What to use as marriage proof?

 

Is it advisable to include a lease as proof of bonafide marriage if we only lived there for one year of our marriage? (we moved several times and didn’t keep leases from our other homes in Japan. And after we moved to China a few months ago we have been living with husband’s parents who own their house. What we do have is a Chinese style household registration which lists my husband as a resident, and I am not on there but have a form from the police showing my temporary registration of living there.) Should we skip the lease method altogether since these documents aren’t exactly ideal? But without them I’m afraid our only proof of bonafide will be affidavits from family members and photos, since joint property and bank accounts aren’t really a thing in Asia.

 

 

-Still confused about K-3 Visa?

 

I have read that the K-3 visa is nearly obsolete and is not granted much anymore. Is it so rare that it’s not even worth going through the application process? Is there any other visa type that would allow my husband to come to the U.S. while we are waiting for the immigrant visa? How about tourism visa?

 

 

-Can I go back first?

 

If I DCF in China then moved back to U.S. alone to while my husband stays in China, will it present some problem? 

Or would it make our case look bad if I go to live in the U.S. alone for work purposes while my husband is waiting for the immigrant visa? Do I need to stay in order to attend the interview with my husband or do something else for the application process.

 

 

-Will our case be slowed down or more difficult because of a previous incident? 

 

The first time my husband went to the U.S. was when we lived in Japan and went to visit my hometown a few years after marriage. When applying for his tourist visa the interviewer was extremely suspicious and said it’s unusual for a Chinese man and American woman to be married. They called him in for a second interview at a later date where he was questioned gruelingly by someone he described like an army official who asked many questions about our marriage even though he was applying for a regular B2 tourist visa. They seemed to have notes on him. Also at the time he got the call for the second interview he lost his temper on the phone (in Japan it’s ok to lash out at government authorities, I had to explain to him its not ok with American ones). Now I’m afraid this incident might be on file somewhere that will come up during our case. Anyone have a similar experience?

 

 

-Also a question about the I-864:

 

Do I need to include my own tax returns with the I-864 if I am using a joint sponsor? Or can I just include the joint sponsor’s information? I am asking because I just recently learned I must file U.S. taxes when working and living abroad and didn’t file for the past few years(!!)?

 

 

-Police Report

 

Will my husband be needing a police report from countries he has lived in other than his home country?

 

 

-Coming to visit U.S. while we wait

 

After our petition is approved is there any way for my husband to come to the U.S. on a different visa while waiting for the IR-1 immigrant visa?  Would it reflect negatively on our case if my husband came as tourist and stayed the maximum duration while waiting?

 

 

Sorry for the lengthy post and anyone who read this far thanks so much!!

[RandyW 149]

the requirement for DCF is only that you LIVE in the consular district. The six month requirement was DROPPED in 2011, and this was verified by the Beijing Embassy in an email to one of our members. A residence permit is NOT required - the fact that you have one, well, that's all you need. 

 

That being said, of course it's to your advantage to be able to show them what evidence you DO have as to where you live.

 

Tax returns need to be filed ONLY if required by the IRS. In determining whether you need to file, the taxable amount is determined BEFORE the Foreign Earned Income "Exclusion", however. Even so, there are Visa Officers who will wonder where your tax returns are even if you DON'T need to file, so it's to your advantage to have them ready and/or filed - there are no late fees or interest penalties if you don't owe any tax.

 

A DCF-filed I-130 can require as little as 1 to 3 or 4 months processing to interview - don't even bother THINKING about a K-3.

 

You ARE married - proving that it's legitimate is a VERY minor concern when filing DCF.

Edited January 15, 2018 by RandyW

[ShanghaiStory 0]

16 hours ago, RandyW said:

the requirement for DCF is only that you LIVE in the consular district. The six month requirement was DROPPED in 2011, and this was verified by the Beijing Embassy in an email to one of our members. A residence permit is NOT required - the fact that you have one, well, that's all you need. 

 

Wow! I am not sure if they just recently brought back the six month requirement, because when I called them they said it was required... When I tried emailing I just got auto-response. I think I will have my husband call in Chinese and get to the bottom of this!

 

16 hours ago, RandyW said:

Tax returns need to be filed ONLY if required by the IRS. In determining whether you need to file, the taxable amount is determined BEFORE the Foreign Earned Income "Exclusion", however. Even so, there are Visa Officers who will wonder where your tax returns are even if you DON'T need to file, so it's to your advantage to have them ready and/or filed - there are no late fees or interest penalties if you don't owe any tax.

Well I know that I do NEED to file back taxes eventually, I guess my question was more about whether ANY of my financial and tax info will be required on the I-864, or if my info will just be N/A since I plan to use a joint sponsor?

 

16 hours ago, RandyW said:

A DCF-filed I-130 can require as little as 1 to 3 or 4 months processing to interview - don't even bother THINKING about a K-3.

 

You ARE married - proving that it's legitimate is a VERY minor concern when filing DCF.

Great, thanks for the reassurance!

[RandyW 149]

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

Quote

 

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).

Filing and Other Special Instructions:

Residents of China filing with USCIS Beijing must submit the petition and supporting evidence in person.

In addition to providing the documents listed in the Form I-130 Instructions, petitioners should bring the original passport for both the petitioner and beneficiary (if available) at the time of filing, as well as copies of the biographic page of each passport.

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 six month requirement was listed there in Dec. 2011, but DROPPED in Jan. 2012.

 

The clerk you submit the petition to will make a determination ON THE SPOT, and either accept or reject it, and return the residence evidence to you.

 

The email i referred to earlier was from the Guangzhou office

 

http://candleforlove.com/forums/topic/48592-a-guide-to-dcf-for-dummies/?p=628258