DCF in China, Timelines & Strategy

[Steve Mushero 0]

I live in China with my Chinese wife and we are looking to move back to the US this year - the original plan was to do DCF, etc. in what has been a fairly quick few months from application to interview schedule for my friends.  But seems we cannot submit the I-130 in Beijing any longer (as I was told by USCIS office there by email this week), so I assume we should apply on-line or paper to the USCIS but then set for Consular processing in Bejing, and still get quick processing, i.e. not 12+ months common in the USA.

 

But if this will drag on for many months or longer, we can of course move to the US as my wife has a B1/B2 and to AOS there easily, but seems that's less desirable due to the need to ensure she's not entering on the B1/B2 intending to stay permanently, i.e. she probably should return to China and go back & forth before or perhaps even during processing (as we have businesses & things in China to deal with anyway).  It's unclear the best strategy (made worse by COVID travel limits), with options:

 

1) DCF for Beijing via USCIS and hope it's fast, wait in China

2) Move to US this summer with her on B1/B2 and do AOS, perhaps with quarterly China travel to manage affairs

3) Leave her in China as son & I move to US this summer; somehow apply from there or wait out DCF process, with me returning to China for interview

4) Wait in China longer for non-DCF or slow process, which might push us into next year, missing US school year, etc.

 

Thanks!

[Crazy Cat 41,836]

1.  Only possible with exceptional circumstances.

2.  Illegal.  She cannot enter the US via the B2 with the intent to stay and adjust.

3.  Possible only if DCF is allowed for your case

4.  Possible.

I would prepare myself for the whole process to take close to 1.5 to 2 years.....unless the consulate accepts DCF.... or unless Biden and/or Congress change the process.

 

[Steve Mushero 0]

10 minutes ago, Lucky Cat said:

1.  Only possible with exceptional circumstances.

2.  Illegal.  She cannot enter the US via the B2 with the intent to stay and adjust.

3.  Possible only if DCF is allowed for your case

4.  Possible.

I would prepare myself for the whole process to take close to 1.5 to 2 years.....unless the consulate accepts DCF.... or unless Biden and/or Congress change the process.

 

Thanks - last I knew everyone in China was doing DCF here and getting interviews in a few months or less, though that was before COVID.  Beijing not accepting forms now, but I assume they still do consular processing as people here are not waiting overly long for interviews.

 

I am confused on why the AOS process exists for B1/B2 if it's illegal to enter with intent to stay; maybe only in special circumstances like COVID, pregnancy, etc.  But aside from the DCF/foreign case, seems most people 'move' to the USA somehow and adjust status from student, etc. and I'm assuming B1/B2.

[Crazy Cat 41,836]

40 minutes ago, Steve Mushero said:

Thanks - last I knew everyone in China was doing DCF here and getting interviews in a few months or less, though that was before COVID.  Beijing not accepting forms now, but I assume they still do consular processing as people here are not waiting overly long for interviews.

 

I am confused on why the AOS process exists for B1/B2 if it's illegal to enter with intent to stay; maybe only in special circumstances like COVID, pregnancy, etc.  But aside from the DCF/foreign case, seems most people 'move' to the USA somehow and adjust status from student, etc. and I'm assuming B1/B2.

1.  If you can get consent for DCF, that is the best route.

2.  Adjustment of Status does not apply in your case as your wife is outside the US.  It is not currently legal to enter via a B2 or any non-immigrant visa with the intent to adjust unless the visa is dual intent.  A B2 is not.  Therefore, unless you get consent from your wife's consulate for DCF, your only option is to start the process by filing the I-130 in the US.  

[Steve Mushero 0]

4 minutes ago, Lucky Cat said:

1.  If you can get consent for DCF, that is the best route.

2.  Adjustment of Status does not apply in your case as your wife is outside the US.  It is not currently legal to enter via a B2 or any non-immigrant visa with the intent to adjust unless the visa is dual intent.  A B2 is not.  Therefore, unless you get consent from your wife's consulate for DCF, your only option is to start the process by filing the I-130 in the US.  

Thanks - working on the DCF status as appears this has been stopped by most or all embassies as of 2020, but it's not clear.  Beijing says they can't accept forms so I'm inquiring with them on actual DCF status, as if that's dead for now, then as you note, we're in for the long I-130 process (which sucks as folks were going I-130 to interview in 10-15 weeks in 2019).

 

Seems K-3 is option but not really save any time.

 

So alternative is she visits on her existing B1/B2 with çlear intent & evidence to return to China each time to let process complete; that's not hard with leases, the companies she runs, etc. 

[Crazy Cat 41,836]

1 minute ago, Steve Mushero said:

Thanks - working on the DCF status as appears this has been stopped by most or all embassies as of 2020, but it's not clear.  Beijing says they can't accept forms so I'm inquiring with them on actual DCF status, as if that's dead for now, then as you note, we're in for the long I-130 process (which sucks as folks were going I-130 to interview in 10-15 weeks in 2019).

 

Seems K-3 is option but not really save any time.

 

So alternative is she visits on her existing B1/B2 with çlear intent & evidence to return to China each time to let process complete; that's not hard with leases, the companies she runs, etc. 

1.  K-3s are dead.....Don't even bother.  In the past year, none were approved...and only 5 were approved the year before.  

2.  Without the DCF option, her only option is the normal consular process.  During the process, she can make short visits to the US via her B2,  provided she can convince the CBP officers she will return to China at the end of the visit. Many people visit during the process.  

[payxibka 10,045]

Consulate processing is in Guangzhou not Beijing 

[Steve Mushero 0]

4 minutes ago, payxibka said:

Consulate processing is in Guangzhou not Beijing 

Yes, but you used to generally 'submit' the I-130 in Bejing in person, since Shanghai is in the USCIS Beijing district, which I assume triggered DCF, but maybe I don't understand how that's triggered.  The Guangzhou consulate website says their processing is now handled by the state department - it's not clear how one triggers or initiates a DCF process as all my friends seem to have gotten that automatically by submitting their I-130 in Beijing over the years.

 

So if we submit directly online now or to the Dallas Lockbox, but live overseas, maybe that triggers DCF, i.e. comes back to Guangzhou for processing, avoiding the USCIS queue?  The Beijing site says they were accepting I-130s for spouses, etc. and processing in 30-60 days, but since the office is not open now; not clear; I'm asking them for DCF status, even if we apply/submit to USCIS.

[Crazy Cat 41,836]

3 minutes ago, Steve Mushero said:

So if we submit directly online now or to the Dallas Lockbox, but live overseas, maybe that triggers DCF, i.e. comes back to Guangzhou for processing, avoiding the USCIS queue?

It doesn't work like that.  DCF is submitted directly to the consulate.  If you submit to a stateside lockbox, then the I-130 will be assigned to a stateside USCIS service center.

Edited March 16, 2021 by Lucky Cat

[payxibka 10,045]

3 minutes ago, Steve Mushero said:

Yes, but you used to generally 'submit' the I-130 in Bejing in person, since Shanghai is in the USCIS Beijing district, which I assume triggered DCF, but maybe I don't understand how that's triggered.  The Guangzhou consulate website says their processing is now handled by the state department - it's not clear how one triggers or initiates a DCF process as all my friends seem to have gotten that automatically by submitting their I-130 in Beijing over the years.

 

So if we submit directly online now or to the Dallas Lockbox, but live overseas, maybe that triggers DCF, i.e. comes back to Guangzhou for processing, avoiding the USCIS queue?  The Beijing site says they were accepting I-130s for spouses, etc. and processing in 30-60 days, but since the office is not open now; not clear; I'm asking them for DCF status, even if we apply/submit to USCIS.

USCIS halted the acceptance of I-130s from abroad in the past couple of years.  Your "friends" must have done this before policy change.  The "trigger" is not an online filing but getting the CONSULATE to agree to accept the submission (extenuating circumstances must apply)  The USCIS Beijing website specifically states that they no longer accept I-130s and it must be filed with Guangzhou.  (To request to file Form I-130 with the consular section at the U.S. Consulate Guangzhou, please visit the embassy’s website).

[Steve Mushero 0]

10 minutes ago, payxibka said:

USCIS halted the acceptance of I-130s from abroad in the past couple of years.  Your "friends" must have done this before policy change.  The "trigger" is not an online filing but getting the CONSULATE to agree to accept the submission (extenuating circumstances must apply)  The USCIS Beijing website specifically states that they no longer accept I-130s and it must be filed with Guangzhou.  (To request to file Form I-130 with the consular section at the U.S. Consulate Guangzhou, please visit the embassy’s website).

Thanks, the Guangzhou site says I-130 processing starts with submitting in the US, and as you note, if they don't accept from abroad, that'd mean the DCF program has essentially ended, i.e. any expedited processing.  This page also basically says everything to USA now except UK & Ghana could process through March, 2020:

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/filing-petitions-outside-the-us.html

 

So thanks everyone!  Off to the back of the line for us, I guess

[payxibka 10,045]

2 minutes ago, Steve Mushero said:

Thanks, the Guangzhou site says I-130 processing starts with submitting in the US, and as you note, if they don't accept from abroad, that'd mean the DCF program has essentially ended, i.e. any expedited processing.  This page also basically says everything to USA now except UK & Ghana could process through March, 2020:

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/filing-petitions-outside-the-us.html

 

So thanks everyone!  Off to the back of the line for us, I guess

This is true for a super majority of the USCs living abroad that the petitions are now filed stateside.  However, a consulate filed petition is not completely dead.  If you convince the consulate that think you fit within the definition of "extenuating" circumstances, then go for it. 

 

If it was me, I would try to make a case with the consulate before caving in completely

[Crazy Cat 41,836]

I agree with @payxibka.  I would try the DCF options if possible.  

[HRQX 4,145]

10 hours ago, Steve Mushero said:

maybe that triggers DCF, i.e. comes back to Guangzhou for processing, avoiding the USCIS queue?

No. You contact the IV unit in Guangzhou via the online contact form: https://china.usembassy-china.org.cn/visas/immigrant-visas/contact-us/immigrant-visa-unit-question/

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

USCIS has delegated authority to DOS to accept and adjudicate a Form I-130 filed by a U.S. citizen petitioner for an immediate relative^[4] if the petitioner establishes exceptional circumstances or falls under blanket authorization criteria defined by USCIS. This policy applies even in countries with a USCIS presence. Without such delegation, DOS has no authority to permit a U.S. embassy or consulate to accept a local Form I-130 filing abroad.

 

If a consular officer in a U.S. embassy or consulate encounters an individual case that the officer believes has need of immediate processing of a Form I-130, the consular officer may, but is not required to, accept the local filing in exceptional circumstances, in accordance with the guidance below.

Edited March 17, 2021 by HRQX

[RandyW 149]

DCF I-130 processing in Guangzhou is pretty much shut down as of a year ago, so even if you are able to get either Beijing or Guangzhou to accept a petition, it may not come with any advantage over simply filing stateside yourself.

 

The Guangzhou USCIS office was kept fairly busy with adoptions, and may still be open for that purpose.

 

The DCF acronym is not recognized by the Dept. of State, and is generally only used on bulletin boards like this one.