Has Anyone Done DCF in Guangzhou? DCF General Quesitons Too

[sluchie88 1]

My wife and I are going to be applying for her green card in the next few weeks. We're still gathering evidence of a bona fide marriage. We will be submitting in Guagnzhou. Has anyone done DCF through Guangzhou?

 

Our situation: I'm an English teacher here in our city. My wife is too but she is Chinese and I'm American. We've been together for 2+ years, but married for 6 months. We both live abroad (obviously), but we'll go to the US next year, assuming she is approved for a green card. Another facet: back in October, 2017, my wife was diagnosed with breast cancer. She completed her treatment at the beginning of July, and is now taking prescription meds, which she will take for 5 to 10 years (most likely 10).

I know Guangzhou is able to do DCF. I've tried to read about it, but I can't tell if we qualify for DCF. I've read everything for being in the military, to both of us living abroad would qualify us for DCF, but most of the articles were three or more years old. Would anything about our situation qualify us for DCF? How do we apply for DCF? And how much faster is DCF than regular processing?

[David & Diana R 1,005]

21 minutes ago, sluchie88 said:

My wife and I are going to be applying for her green card in the next few weeks. We're still gathering evidence of a bona fide marriage. We will be submitting in Guagnzhou. Has anyone done DCF through Guangzhou?

 

Our situation: I'm an English teacher here in our city. My wife is too but she is Chinese and I'm American. We've been together for 2+ years, but married for 6 months. We both live abroad (obviously), but we'll go to the US next year, assuming she is approved for a green card. Another facet: back in October, 2017, my wife was diagnosed with breast cancer. She completed her treatment at the beginning of July, and is now taking prescription meds, which she will take for 5 to 10 years (most likely 10).

I know Guangzhou is able to do DCF. I've tried to read about it, but I can't tell if we qualify for DCF. I've read everything for being in the military, to both of us living abroad would qualify us for DCF, but most of the articles were three or more years old. Would anything about our situation qualify us for DCF? How do we apply for DCF? And how much faster is DCF than regular processing?

I would imagine that you qualify for DCF.  Not sure what the procedure is but I just said a prayer for you and your wife.  Praying for her healing.  God Bless you both, david

[Jorge V 195]

The main qualification for DCF is that the US petitioner has lived in a country with a USCIS field office (full list: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices and yes, China is one), as a resident for at least 6 months. If you are living in China under a valid residency/work/study visa and have been doing so for more than 6 months then you qualify.

 

Be sure to check out USCIS Guangzhou's website: https://www.uscis.gov/about-us/find-uscis-office/international-offices/china-uscis-guangzhou-field-office . You'll find some relevant info under the I-130 section:

 

Quote

Who May File or Receive Service:

U.S. citizens residing in USCIS Guangzhou'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 Guangzhou 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.

Please Note: Certain pieces of evidence may more strongly support a finding of residency than others. For petitions filed at this field office, you must submit one or more of the following:

• A Residence Permit for Foreigner in the People’s Republic of China (居住许可).
• A Chinese visa (签证) in the categories of D, J1, Q1, S1, X1 or Z.

From the looks of it, if you have a "A Residence Permit for Foreigner in the People’s Republic of China" or a D, J1, Q1, S1, X1 or Z visa then you qualify. You can also find their contact information there. I've found that USCIS field offices are pretty responsive.

Edited August 2, 2018 by Jorge V

[sluchie88 1]

30 minutes ago, David & Zoila said:

I would imagine that you qualify for DCF.  Not sure what the procedure is but I just said a prayer for you and your wife.  Praying for her healing.  God Bless you both, david

Thank you! My wife is doing very well, just resting and recovering from the treatment

[sluchie88 1]

9 minutes ago, Jorge V said:

The main qualification for DCF is that the US petitioner has lived in a country with a USCIS field office (full list: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices and yes, China is one), as a resident for at least 6 months. If you are living in China under a valid residency/work/study visa and have been doing so for more than 6 months then you qualify.

 

Be sure to check out USCIS Guangzhou's website: https://www.uscis.gov/about-us/find-uscis-office/international-offices/china-uscis-guangzhou-field-office . You'll find some relevant info under the I-130 section:

 

From the looks of it, if you have a "A Residence Permit for Foreigner in the People’s Republic of China" or a D, J1, Q1, S1, X1 or Z visa then you qualify. You can also find their contact information there. I've found that USCIS field offices are pretty responsive.

Excellent! Thanks so much! I did email the field office with a few other questions, so hopefully they'll respond fairly soon.

Is there a special form I need to apply for DCF? I can't find anything anywhere and I've been searching a lot

[Jorge V 195]

29 minutes ago, sluchie88 said:

Excellent! Thanks so much! I did email the field office with a few other questions, so hopefully they'll respond fairly soon.

Is there a special form I need to apply for DCF? I can't find anything anywhere and I've been searching a lot

No special form for DCF. Simply follow the VJ guide (http://www.visajourney.com/content/i130guide1) and submit your package in person. Your local USCIS office may request a few items not listed in the VJ guide, such as your Chinese permit/visa, so it's always best to follow their instructions. Field offices occasionally provide PDF checklists, maybe Guangzhou does as well. Be sure to read through the I130 instructions (https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf) as those supersede the VJ guide.

Edited August 2, 2018 by Jorge V

[RandyW 149]

Quote

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 language requiring an actual residence permit was dropped from the USCIS in 2011 - the only actual requirement is that you RESIDE in China. Lease agreements, job contracts, passport stamps, etc. CAN be enough, but it's largely discretionary on the part of the USCIS officer who accepts your I-130 petition as to whether you qualify or not.

 

If you do not qualify for DCF, you can still apply at the PSB for a Residence Permit, and try again, which may STILL be faster than filing stateside. I know someone who did exactly that.

 

It sounds like you DO have a residence permit, though, so it should not be an issue, as long as the "Residence Permit" is an actual visa in your passport, and not simply the Temporary Registration of Residence slip issued by the PSB. But even that can help.

[Jorge V 195]

10 hours ago, RandyW said:

The language requiring an actual residence permit was dropped from the USCIS in 2011 - the only actual requirement is that you RESIDE in China. Lease agreements, job contracts, passport stamps, etc. CAN be enough, but it's largely discretionary on the part of the USCIS officer who accepts your I-130 petition as to whether you qualify or not.

This is true and my experience is directly applicable as I DCF'd in Mexico while on a tourist visa. I had been living in Mexico full time for 4 years, and part time for 7. Mexico allows visa runs, meaning that to renew your 6 month tourist visa you simply have to leave the country, turn around, and come right back in. I was residing in Mexico but never felt compelled to get a residence permit as I was able to do everything I needed, including getting a lease.

 

When I found out about DCF I called the local USCIS field office and explained my situation. They said my situation was likely ok and would be happy to take a look. I mailed everything off and was approved a few days later.