HELP follow up interview in China + Coronavirus delays

[quibily 2]

Hello everyone, I am at a loss with several questions and I am not sure where to find these answers anymore. I hope someone can help. 

 

I am French, living in China. My wife is US citizen, we got married in 2017 in China, where we met. Planned for CR1 visa through DCF filing and then hoped to move together to the US last year.

 

I had first interview in May 2019 in Guangzhou embassy but my case was denied with a 221g slip because of missing document.

Our work visa and contract in China ended in July 2019. So I would have had to leave and go to France and she to the USA. But DCF is only when both spouses are living overseas; so we would have had to start over with normal process filing CR1.

So instead, we renewed our contract in China for 1 more year and went on vacation abroad in summer. As the CR1 visa is only valid for 6 months, I couldnt get the interview too soon after, so we decided to schedule a new appointment in January - to then move to the USA together in July.

But all appointments were cancelled for months due to COVID 19. We couldn't even send the requested missing documents by mail because their services were closed and they never officially agreed for us to use email.

In May 2020 - 1 year after interview - my case status says REFUSED. Although it appears this happened for all cases delayed after Covid, as per July 15th, my status has still not changed

 

After months of waiting, our 1 year contract ended again and this time my wife decided to leave China for good anyways because of prior commitments in the USA. As for me, I had the choice of going back to France or stay longer in China. As backlog of cases has increased immensely after all embassies were closed, I thought it would be help our case if I stayed in China to do the follow up interview. So I decided to stay for 6 more months on my own - new contract ends in January - and redo the appointment in August 2020 in Guangzhou. 

 

Here are my questions

 

1. According to instructions, I have to complete form DS 260 - again ? - but now my status has changed. Since my wife no longer lives overseas with me, are we still allowed to follow up on the same DCF filing or will my case automatically be denied, now that she is back in the USA ? 

 

2. I had to renew my passport because no more visa pages available. Do I simply add new info on DS 260 form or should I provide the new data somewhere else ? Is this going to impact my case with more delays ? 

 

3. The email states that if I fail to act within 1 year after first denial, my case will be terminated. The reason I failed is obviously due to the embassy being closed. But even after asking them so many times, I still don't know if my case is still valid. Anyone else in the same situation ? 

 

4. Last year, we applied for CR1, but now we have been technically married for more than 2 years, so we should be entitled to IR 1 instead. Is there any change in the process ?  Should I provide any new document not mentioned in the email due to this change of status ? 

 

5. If I manage to get the interview in August in Guangzhou, I'll have to leave the passport at the embassy. I need to fly there as I live in a different province. How do I fly back without my passport ? Do they provide any receipt or identity proof that I can use in China in the meantime ? 

Or can I mail them my passport a few days after once I'm back home ? 

 

If anyone could provide any information on the subject, I'd be very grateful

 

 

 

 

This is the EMAIL I received 

 

Dear Applicants, /尊敬的申请人，

Under the section 221(g) of the Immigration and Nationality Act, the Consulate General is unable to issue you an immigrant visa (IV) at this time. If you have already submitted your passport to the Consulate General, we will keep your passport with your file pending the issuance of your visa.  Please return to the Consulate for further consideration to your visa application.
根据移民国籍法案221(g)条款，本馆目前不能批准你的移民签证。如果你的护照已经提交至本馆，本馆将会保留你的护照及档案，直至签证批准。请回领事馆以便我们对你的签证申请作进一步的考虑。

NOTICE FOR APPLICANTS RETURNING TO THE CONSULATE:  /回馆通知：

        • Please follow these steps to schedule your follow up visa interview:
   
            □ Once you receive this notice, please visit the ustraveldocs.com website and register your chosen delivery location.  If you have already registered, you do not need to register again.  Failure to register prior to your visa interview will result in delay of your visa application.  
            □ Once registered, visit ustraveldocs.com and go to “New Application/ Schedule Appointment", select "Immigrant Visa",  then select "Follow up appointment" to schedule your visa interview appointment. Please note that Tuesday afternoon is the only eligible day for follow up visa interviews. Appointments scheduled on any time other than Tuesday afternoon will be cancelled and the applicants will not be allowed to enter the Consulate.
              
        • For All Applicants: Please return to the Consulate General for a second interview. 
        • For All Applicants: Please complete FORM DS-260 (Online Immigrant Visa Application & Registration) at https://ceac.state.gov/IV. For instructions and Frequently Asked Questions (FAQs) on completing the DS-260, please visit  https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/forms/online-immigrant-visa-forms/ds-260-faqs.html. Once you have completed FORM DS-260, return to the Consulate General on the date/time designated above to submit the printed DS-260 confirmation page and have your oath taken in front of a consular officer.
       
PLEASE BRING DOCUMENT(S) BELOW TO THE CONSULATE: /请回馆时带以下材料：
        • For All Applicants: Please submit a passport (with at least 8 months validity), all old passports which have valid USA visas, and two new visa photos taken within the past 6 months. Colored/eye altering contact lenses or eyeglasses is not allowed in visa photos. For further details on photo requirements please visit:  https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/photos.html
       
        • For All Applicants: Please submit a notarized Police Certificate.  
        • For All Applicants: Please return to the panel physician for a new medical examination and medical report and then submit the medical report. Please do not submit the chest X-ray
        • Please submit 1 complete set(s) of 2019 IRS Tax Transcripts and W-2s, from the joint sponsor.
     
NOTICE FOR RETURNING TO THE CONSULATE: /回馆须知：

WARNING:  IF YOU FAIL TO TAKE THE ACTION REQUESTED WITHIN ONE YEAR FOLLOWING VISA DENIAL UNDER SECTION 221(g) OF THE IMMIGRATION AND NATIONALITY ACT, SECTION 203(g) OF THE ACT REQUIRES THAT YOUR APPLICATION BE TERMINATED.  IN ADDITION, APPLICANTS WHO WAIT MORE THAN A YEAR TO PURSUE THEIR CASE AFTER A 221(G) REFUSAL MUST REPAY THE IV APPLICATION FEE BEFORE PROCESSING OF THE APPLICATION MAY RESUME.
警告：如果你是根据移民国籍法221条(g)项被拒签，在拒签之日起一年之内没有按要求办理，根据203条(g)项，你的移民申请将会被终止。另外，在被拒签超过一年后才打算继续办理申请的签证申请人，必须重新缴纳移民申请费。

 

 

 

[Boiler 45,525]

So they gave you a year to submit the missing document and that time has expired.

[quibily 2]

Yes, among other things; this is one of the reasons why I would like to have some advice on my situation. When I call them, they don't answer the phone, when I write a question through the form, I only receive automated responses that are too generic and not useful

[Crazy Cat 41,887]

5 hours ago, quibily said:

Here are my questions

 

1. According to instructions, I have to complete form DS 260 - again ? - but now my status has changed. Since my wife no longer lives overseas with me, are we still allowed to follow up on the same DCF filing or will my case automatically be denied, now that she is back in the USA ? 

 

2. I had to renew my passport because no more visa pages available. Do I simply add new info on DS 260 form or should I provide the new data somewhere else ? Is this going to impact my case with more delays ? 

 

3. The email states that if I fail to act within 1 year after first denial, my case will be terminated. The reason I failed is obviously due to the embassy being closed. But even after asking them so many times, I still don't know if my case is still valid. Anyone else in the same situation ? 

 

4. Last year, we applied for CR1, but now we have been technically married for more than 2 years, so we should be entitled to IR 1 instead. Is there any change in the process ?  Should I provide any new document not mentioned in the email due to this change of status ? 

 

5. If I manage to get the interview in August in Guangzhou, I'll have to leave the passport at the embassy. I need to fly there as I live in a different province. How do I fly back without my passport ? Do they provide any receipt or identity proof that I can use in China in the meantime ? 

Or can I mail them my passport a few days after once I'm back home ? 

 

Assuming your application is still active, the US spouse does not have to be living in the country at time of the interview.  There is no change in the procedure for CR-1 vs IR-1.  A 10 year Green Card will be issued if you have been married for 2 years or more at the time of entry into the US.  

 

[Boiler 45,525]

The 1 130 should still be valid even if the current DCF process is not. As stated you did not apply for a CR or IR, that is a matter of timing.

[payxibka 10,045]

DCF is a petition filing method.  Don't get hung up on that ad you are past that process 

[Just Paul 4,595]

If the petition is still at the consulate then file a new DS-260.   If the petition has been sent back to the US then file an I-824.   The location of your spouse doesnt matter now.

 

8 hours ago, quibily said:

Do they provide any receipt or identity proof that I can use in China in the meantime ?

You don't have any other identity proof?  If not you will have to wait for the Visa to be issued.  When we lived in Mexico we had out Mexican green cards, driver's licenses, etc.   

[SalishSea 17,836]

18 hours ago, quibily said:

We couldn't even send the requested missing documents by mail because their services were closed and they never officially agreed for us to use email.

Huh?  But your interview was way before embassy services were halted. Am I missing something?

[quibily 2]

Thank you all for your replies

 

Quote

You don't have any other identity proof?  If not you will have to wait for the Visa to be issued.  When we lived in Mexico we had out Mexican green cards, driver's licenses, etc.   

I have lived in China for years but I do not have a driving license. My residence permit itself is stamped in the passport. My other documents are my French ID card (probably not enough to travel in China ) and my Chinese work permit - although the last one doesn't have my passport number on it. But it has a QR code that could be connected to the Authority that delivered it. I am not sure it would allow me to get on a plane. 

 

Quote

Huh?  But your interview was way before embassy services were halted. Am I missing something?

The failed interview was in May 2019, long before the travel bans. This is true. But we didn't want to redo the interview too soon as our new Chinese contract would end in June 2020. Getting a visa more than 6 months before this date would have forced us to leave China early and break our contract (and pay a large fee). So, we prepared all documents and waited for January. This is when travel bans started in China. We were quarantined in our residence - the school - and not allowed to physically leave more than 2 hours per day for 3 months. By the time we could get to the Bank to send our document to the Embassy, the services were closed.