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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion

Nick_UIUC
Hello all I'm a new member to this board and it looks like it will be of great help!

Recently my fiance and I visited China for tourism and to meet the parents. She is a Chinese citizen and I am an American citizen. During our stay in Shanghai we decided that we will work there for a few years to enjoy such an energetic place while we're still young. While in Shanghai I attended one of the hour long "Visa Info Sessions" they have at the American visa office in Shanghai. It was during this info session that I learned about DCF and thought that would be the best option for us. We are now back in America finishing our studies during the summer. We are thinking it is best for us to get married while we are both here in America, then move to China to work for a few years and while there do the DCF for her to return to the US. We plan to return to the US after a few years of work in China and are looking for the best way to approach the visa problem. I know from the guides that DCF is quickest way as well.

My question to everyone is first, are there are problems with this approach? Has anyone gone by this approach? From what I can tell after reading the guides DCF is fine for us, since we'll both be residents of China for a few years.
zyggy
QUOTE(Nick_UIUC @ Jun 6 2006, 09:26 PM) *

Hello all I'm a new member to this board and it looks like it will be of great help!

Recently my fiance and I visited China for tourism and to meet the parents. She is a Chinese citizen and I am an American citizen. During our stay in Shanghai we decided that we will work there for a few years to enjoy such an energetic place while we're still young. While in Shanghai I attended one of the hour long "Visa Info Sessions" they have at the American visa office in Shanghai. It was during this info session that I learned about DCF and thought that would be the best option for us. We are now back in America finishing our studies during the summer. We are thinking it is best for us to get married while we are both here in America, then move to China to work for a few years and while there do the DCF for her to return to the US. We plan to return to the US after a few years of work in China and are looking for the best way to approach the visa problem. I know from the guides that DCF is quickest way as well.

My question to everyone is first, are there are problems with this approach? Has anyone gone by this approach? From what I can tell after reading the guides DCF is fine for us, since we'll both be residents of China for a few years.



Lots of people do DCF and as long as you are a legal resident of CHina (which I assume you will be), the DCF route is open to you.

However, apply early.. the wait at Guangzhou for an interview is about 12 months after the I-130 has been approved.

For more information about China/US Immigration, there's an excellent site called Candle for Love. They will have lots of info for you as well.

Yodrak
Nick_UIUC,

You hint at but are not clear about some timing issues, and some other possibly relevant details are missing as well, by why not consider marrying in the US and waiting for your wife to adjust status before you take off for your stint in China? Maintain US domicile while you're on your adventure.

Discuss the specifics of your situation and your plans with an experienced immigration attorney, one who specializes in marriage-based immigration, to explore the options that might be available to you.

Yodrak

QUOTE(Nick_UIUC @ Jun 6 2006, 10:56 PM) *
Hello all I'm a new member to this board and it looks like it will be of great help!

Recently my fiance and I visited China for tourism and to meet the parents. She is a Chinese citizen and I am an American citizen. During our stay in Shanghai we decided that we will work there for a few years to enjoy such an energetic place while we're still young. While in Shanghai I attended one of the hour long "Visa Info Sessions" they have at the American visa office in Shanghai. It was during this info session that I learned about DCF and thought that would be the best option for us. We are now back in America finishing our studies during the summer. We are thinking it is best for us to get married while we are both here in America, then move to China to work for a few years and while there do the DCF for her to return to the US. We plan to return to the US after a few years of work in China and are looking for the best way to approach the visa problem. I know from the guides that DCF is quickest way as well.

My question to everyone is first, are there are problems with this approach? Has anyone gone by this approach? From what I can tell after reading the guides DCF is fine for us, since we'll both be residents of China for a few years.


Nick_UIUC
zyggy,

Thank you for the information, very helpful! We did plan on applying a few months after our arrival in China so it gets started.

Yodrak,

Our plan is to go and work in China for a year or two. While we are there we will get married, then apply for the DCF. Once her visa is approved we'll look for jobs here in the States and move back. At the moment she has a job in Shanghai which she will start in September if accepted. I am currently in the process of finding a job there, so I expect to be in China on a z-visa. My concern at this point is what happens if I don't find a job? I will still go to China with her for marriage, but if I can't find a job i will have to return to the United States, in which case i would have to wait a long time for her to get her visa to come back, right?

If we were to stay here in America, get married while she still has her student F1 status, immediately apply for adjustment of status, how long would it be before it would be appropriate to go to China?

We have an appointement with an experienced attorney this week as well.

Thank you both for your advice, it's very helpful!
meauxna
QUOTE(Nick_UIUC @ Jun 16 2006, 01:29 PM) *

zyggy,

Thank you for the information, very helpful! We did plan on applying a few months after our arrival in China so it gets started.

Yodrak,

Our plan is to go and work in China for a year or two. While we are there we will get married, then apply for the DCF. Once her visa is approved we'll look for jobs here in the States and move back. At the moment she has a job in Shanghai which she will start in September if accepted. I am currently in the process of finding a job there, so I expect to be in China on a z-visa. My concern at this point is what happens if I don't find a job? I will still go to China with her for marriage, but if I can't find a job i will have to return to the United States, in which case i would have to wait a long time for her to get her visa to come back, right?

If we were to stay here in America, get married while she still has her student F1 status, immediately apply for adjustment of status, how long would it be before it would be appropriate to go to China?

We have an appointement with an experienced attorney this week as well.

Thank you both for your advice, it's very helpful!


I think I understand your plan now.. Remember that the visa is only valid for six months once issued. If you *do* get a job and wind up staying (I'm wondering actually how you will be eligible to file in China if you don't have a job/residence visa), if you do stay, you iwll likely have to re-apply in the year or so when you are ready to move back to the US.

Length of time from getting married to leaving US makes no difference as far as I know. Not sure what your concern is around this.

Plan this carefully with the attorney, and make sure he understands what "DCF" is.
Ravichan
I thought you have to have a stable job and income in the United States when you do DCF in China, unless you have a sponser. We have planned to do DCF once, so we searched for it. My husband wanted to come here and work for a while, but we gave up on the plan because of the issue. I am not an expert, so I am not sure though...
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