Guangzhou China DCF CR1

[CEBTL 14]

I am creating this to show my timeline and help anybody else that is going through the DCF process. 

CR1

4/27/2022     Requested a DCF from Guangzhou. 
5/17/2022     Received notification that DCF request was approved and appointment date to file I-130 

6/08/2022     Went to I-130 interview to submit I-130/I-130a  

7/19/2022     Received email from Guangzhou embassy with instructions to file DS-260

7/21/2022     Filed DS-260 online    

Edited July 22, 2022 by CEbuiltolast

[CEBTL 14]

Email instructions on how to submit DS-260 

 

□ COMPLETE FORM DS-260(Online Immigrant Visa Application & Registration). Please follow the on-line instructions and complete this form at https://ceac.state.gov/IV.  Once you have completed the form, print the confirmation page and submit it along with other requested items in this notice. *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.

 

□ COPY OF THE PERSONAL INFORMATION PAGE OF YOUR PASSPORT:  A copy of the personal information page of your current passport.  (Each applicant must have a current passport that will be valid for travel to the United States for at least 8 months beyond the visa issuance date.)

□ PHOTOGRAPHS:  Two 2 inches square (roughly 50 mm square) un-mounted full-face color photographs against a white background and without colored or eye altering contact lenses or eyeglasses, regardless of age. For details on photo requirements please visit: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/photos.html.

How to Submit Required Materials:

1. You must register a location for document pick-up by selecting the “Select Document Delivery Address” option in the Immigrant Visa Section of http://ustraveldocs.com/cn/index.html?firstTime=No.

 

2. Please print the “IV Pre-interview Document Submission Cover Letter” at http://www.ustraveldocs.com/cn/20140707%20IV%20Pre-interview%20Document%20Submission%20Cover%20Letter%20for%20Drop%20Off.pdf. Complete and submit the Document Submission Letter along with the above requested items at the nearest CITIC Bank. Failure to take the requested action within one year will result in your application being terminated.

 

[RandyW 149]

What “exceptional circumstances” did you use to qualify for DCF?

USCIS is no longer processing I-130's in China. I believe it will be shipped off to Bangkok for that.

 

Good luck, and keep us posted.

 

https://china.usembassy-china.org.cn/petition-alien-relative-form-1302/

Edited July 23, 2022 by RandyW

[RandyW 149]

Please don't gloss over relevant details like how you were able to qualify for “exceptional circumstances” and any quarantine time required for traveling to the I-130 interview in China.

DCF stands for Direct Consular Filing, in case you missed THAT little relevant detail.

[CEBTL 14]

On 7/23/2022 at 9:52 AM, RandyW said:

What “exceptional circumstances” did you use to qualify for DCF?

USCIS is no longer processing I-130's in China. I believe it will be shipped off to Bangkok for that.

 

Good luck, and keep us posted.

 

https://china.usembassy-china.org.cn/petition-alien-relative-form-1302/

 

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

 

• Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date.
  
  
  I was a permanent resident in China for 8 years, I recently lost my job in China due to Chinese government policy changes and had a job offer from an American Company that required me to return to the US within 3 months. This was enough to allow me to apply for DCF in China. 

 

[CEBTL 14]

Quick Update 

 

CR1

4/27/2022     Requested a DCF from Guangzhou. 
5/17/2022     Received notification that DCF request was approved and appointment date to file I-130 

6/08/2022     Went to I-130 interview to submit I-130/I-130a  

7/19/2022     Received email from Guangzhou embassy with instructions to file DS-260

7/21/2022     Filed DS-260 online    
8/03/2022     Received email from Guangzhou embassy "This office is ready to begin final processing of the immigrant visa applicant" 

                         This included links to ustraveldocs.com to setup final interview. 

[CEBTL 14]

On 7/23/2022 at 10:32 AM, RandyW said:

Please don't gloss over relevant details like how you were able to qualify for “exceptional circumstances” and any quarantine time required for traveling to the I-130 interview in China.

DCF stands for Direct Consular Filing, in case you missed THAT little relevant detail.

First sorry for the multiple posts, I could not go back and edit my last post. 

 

You might have misunderstood how the DCF process works. It is easy to mistake as I did at first. But to your point, "any quarantine time required for traveling to the I-130 interview in China." I did not have to quarantine in China as I was already living in China. I hadn't even left the country for 3+ years. So all that was needed at the time was a Green CR code in the Chinese APP. 

 

At first I contacted the USCIS office in Guangzhou and got this response 

 

Please note that as of February 1, 2020, direct filing of Form I-130 with USCIS offices overseas is no longer available.*

 

Please review the following information on the USCIS website for instructions on filing Form I-130, including where to file: https://www.uscis.gov/i-130

 

*USCIS issued guidance, effective Feb 1, 2020, delegating authority to the Department of State (DOS) to accept and adjudicate a Form I-130 filed by a U.S. citizen petitioner for an immediate relative if the petitioner establishes exceptional circumstances or falls under blanket authorization criteria defined by USCIS.  This guidance, which applies even in countries with a USCIS presence, can be found in the USCIS Policy Manual, Volume 6, Part B, Chapter 3.

 

As of Feb 1, 2020, USCIS will no longer accept and adjudicate routine Form I-130 petitions at its remaining international field offices. Petitioners residing overseas who are unable to file with DOS must file Form I-130 by mail with the USCIS lockbox facility in Dallas, or online using the USCIS website.

 

Sincerely,

 

USCIS Guangzhou

 

However, later that day I received a second email from USCIS Guangzhou 

 

You may find more information on eligibility to file an I-130 petition at the US Consulate Guangzhou based on “exceptional circumstances”. If you meet the “exceptional circumstances” standard, you may contact the Immigrant Visa section at https://china.usembassy-china.org.cn/visas/immigrant-visas/immigrant-visa-unit-question/

 

Sincerely,

 

USCIS Guangzhou

 

Using this link I was ably to apply for DCF with the Guangzhou embassy. After writing a basic description of my circumstance to them, I received an email back, requesting more information. 

 

Dear petitioner,

 

Thank you for your inquiry.  If you would like to ask Consulate Guangzhou’s Immigrant Visa Unit to accept an I-130 for direct filing in Guangzhou, please respond with detailed information about your situation and the background of your petition.

 

• Please explain the reason you would like to file directly with the Consulate and are unable to file directly with USCIS in the United States.
• Have you already filed an I-130 for your beneficiary directly with USCIS?
• Please confirm that both you and the beneficiary are currently present in China, and will be able to remain in China for the duration of the immigrant visa petition filing and immigrant visa application process.

  Hope this help you. 

 

 

[RandyW 149]

It's important for anyone else considering DCF to be aware of the restrictions - you were able to file with Guangzhou even though you are returning to the US before the visa interview. As your link says, "DOS may exercise its discretion to accept local Form I-130 filings for other emergency or exceptional circumstances of a non-routine nature, unless specifically noted below."

 

Quarantines and lockdowns WITHIN CHINA are important to consider, as travelers have found themselves unable to return home for months if a COVID case is detected. Even a neighbor traveling from an area where an infection was found can result in their neighbors who didn't travel being tested and/or quarantined due to a possible exposure to the traveler.

 

Any travel is to be reported to the authorities.

 

Thank you for the additional informaion.

Edited August 3, 2022 by RandyW

[RandyW 149]

Some of this holds true for ANY travel in China. 

 

 

[CEBTL 14]

A quick update,

 

My wife went to the interview  on 8/15. The interview was fine but she was issued a Section 221 (g)

 

In the Section 221 (g), she was told that she needed to mail my (the petitioner) original divorce paper work. In addition, she needed to mail her passport ( my wife's passport.) 

 

I am a little upset, because 2.5 months ago when I went to the first DCF  I-130 interview, I presented my original divorce paper work. 

 

When my wife went for her interview,  she brought a copy of my divorce paperwork, but not the original. The VO said I am giving you a  Section 221 (g) because you do not have the original document. 

 

On 8/17 using the CITIC bank process we mailed the original (petitioner) divorce paperwork and her passport to the Guangzhou consulate. It has been over a week, but when checking her case status through

https://ceac.state.gov/ceacstattracker/status.aspx

 

her status is still rejected

 

[CEBTL 14]

Update* 

 

After Guangzhou received the paperwork her "Case last updated" has been updated twice, once on August 29th and once on September 1st. When I checked on the CEAC website. 

 

The only thing the VO requested was the Petitioners Original Divorce paperwork and beneficiary's passport. They have had both for one week now. 

 

On CEAC visa status check, we only get this message 

 

Refused

Case Created: 08-Jun-2022

Case Last Updated: 01-Sep-2022

 

A U.S. consular officer has adjudicated and refused your visa application. Please follow any instructions provided by the consular officer. If you were informed by the consular officer that your case was refused for administrative processing, your case will remain refused while undergoing such processing. You will receive another adjudication once such processing is complete. Please be advised that the processing time varies and that you will be contacted if additional information is needed. For more information, please visit TRAVEL.STATE.GOV or the website for the Embassy or Consulate at which you made your visa application. For more information, please visit TRAVEL.STATE.GOV.

 

Since they updated twice but we have not received an email or any information from the Guangzhou consulate should we start to worry? 

 

 

 

 

Edited September 3, 2022 by CEBTL

[CEBTL 14]

*Update 

 

Sept. 9th Received an email that was a 221(g). 

 

Dear Applicants,

 

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 note that documents issued in China must be translated and notarized by a local notary public office in China. For documents issued in other countries, applicants must obtain an original or certified copy of the requested documents.

 

My name:  Please submit an original notarized/ certified copy of Divorce Certificate

Please submit an original or certified copy of the divorce certificate. We cannot accept photocopies.

 

This is really frustrating, as we have already sent them the original divorce document. Not to mention they say, provide Original Notarized in one place but two other places say the Original document is fine. In addition, when my wife went to the interview the VO said she only needed to provide the original document. Which they now already have. 

 

Can any offer advice on how to proceed?  

 

P.S. I should add that the Original divorce document was issued by a U.S. county court. 

Edited September 10, 2022 by CEBTL

[CEBTL 14]

Latest update...

 

I ended up contacting a Senators office, they were able to ask what the issue was with the divorce paperwork. The Consulate responded that the divorce paperwork I provided was a copy and not the original even though, I provided the document the court gave me. 

Later I contacted the court and they were able to give me notarized copy of the divorce document that included stamps from the court. 

 

After I received the notarized document from the court and given the fact that I am in the US, I contacted the Consulate through the Senator's team (as they respond much quicker and provide more detailed information) to see if I could mail the document directly to them. The consulate informed me that it is better and quicker to mail the document to my wife and go through the CITIC bank mailing process.

 

Once my wife received the document, she mailed it to the Guangzhou Consulate. 

 

I am happy to report that on Nov 7th she was issued her US entry visa. It took about 10 days before she could go to a CITIC bank and pick up her passport and US immigrant visa!