Married and living in China

[kcthumper 0]

Hi

I'm living in Zhengzhou and have a residence permit for the last year in China. Im begining the process of filing my I-130. I almost have everything together.

I'm leaving for the USA in about 5 weeks for good.

My question is, "does it make any difference if I file the application by the mail when I get back to the USA, or do I need to make an appointment in Beijing before I leave because of my current residency in China?"

Thanks in advance for you replies.

Charlie

[Shenzhen 34]

Hi

I'm living in Zhengzhou and have a residence permit for the last year in China. Im begining the process of filing my I-130. I almost have everything together.

I'm leaving for the USA in about 5 weeks for good.

My question is, "does it make any difference if I file the application by the mail when I get back to the USA, or do I need to make an appointment in Beijing before I leave because of my current residency in China?"

Thanks in advance for you replies.

Charlie

It does not make a difference now? Did you know you could of done DCF=Direct consular filing? The wait is about 1/2. You file directly with the American Embassy in China. Good luck though. You will need to bring all your documents back with you.

[Not me 1]

Wow, I think you really need to file the I-130 now at the American embassy. Now! You need to make an appointment, and it can take a few weeks, and if you do this you might only have to wait four to six months.

If you leave and file in America you will be waiting maybe 18 months to two years to finish.

You really should have done your research on this website and online before making any long term plans. If you don't file DCF your really going to regret it later.

You can check my earlier post to see how to do DCF at the Beijing embassy, but it will depend were you live as to where you file. I would suggest starting this right away, or even delaying your plans to go back to America until this is finished and the I-130 is files and approved. After that you can go anytime.

http://www.visajourney.com/forums/topic/297900-how-i-did-dcf-in-beijing/

[Darnell 8,478]

the thing that makes the difference

is

where you will file the I-130.

If you choose the DCF'd I-130 route, you'll need to stay in China UNTIL the I-130 is approved. (Other stuff happens/is filed after that, but the timetick on I-130 approval in China is important)

If you are filing to Chicago Lock Box, your 5 week timeline is meaningless.

Edited May 8, 2011 by Darnell

[kcthumper 0]

Thanks guys

I emailed my information to Beijing to get an appointment set up today. My Visa is good till August, so it should not be much of a problem staying here for some extra time.

Im gonna read some more on the forums, but can you think of anything required in the DCF filing that would be different from the I-130 filing?

thanks

[pushbrk 12,979]

Thanks guys

I emailed my information to Beijing to get an appointment set up today. My Visa is good till August, so it should not be much of a problem staying here for some extra time.

Im gonna read some more on the forums, but can you think of anything required in the DCF filing that would be different from the I-130 filing?

thanks

Be aware that it is the visa category, not just a residency permit, that will govern whether you can file DCF. Only if you reside in the Beijing Consular District would you file in Beijing. Otherwise, you file with the applicable Consulate. In any event, the visa interview will be in Guangzhou.

[Darnell 8,478]

Im gonna read some more on the forums, but can you think of anything required in the DCF filing that would be different from the I-130 filing?

1. must be able to prove up, on interview day, either

--usa domicile or

--re-establishing usa domicile

2. the usc can leave china after have I-130 approval in hand, usually is best when/if you have usa domicile issues - those are easily handled when yer boots on the ground in usa - so be sure to get it sorted whilst the ds-230 is being adjudicated, prior to interview day.

3. proof of bonafide marriage - review the list of the 6 types in the I-130 instructions, include with the I-130 - you've been living together for some time, so focus on generating that list. it'll be hard, as is impossible to make 'joint bank account' and many times is difficult to secure 'joint tenancy/lease' on a property.

Edited May 9, 2011 by Darnell

[pushbrk 12,979]

1. must be able to prove up, on interview day, either

--usa domicile or

--re-establishing usa domicile

2. the usc can leave china after have I-130 approval in hand, usually is best when/if you have usa domicile issues - those are easily handled when yer boots on the ground in usa - so be sure to get it sorted whilst the ds-230 is being adjudicated, prior to interview day.

3. proof of bonafide marriage - review the list of the 6 types in the I-130 instructions, include with the I-130 - you've been living together for some time, so focus on generating that list. it'll be hard, as is impossible to make 'joint bank account' and many times is difficult to secure 'joint tenancy/lease' on a property.

Even the instructions for the "in addition to the required....." state "one or more" not "all of". The last one on the list, starts with, "any other". Passport stamps indicating your time living together after marriage in China is the most important.

[Darnell 8,478]

hey push - what's yer input for a DCF'd casefile in China ?

[pushbrk 12,979]

hey push - what's yer input for a DCF'd casefile in China ?

With regard to what?

[Darnell 8,478]

hey push - you got ANY input for a DCF'd I-130 filed in China ?

[pushbrk 12,979]

hey push - you got ANY input for a DCF'd I-130 filed in China ?

What, you want me to write an essay?

[Darnell 8,478]

excuse me, Sir - you replied to one my posts in this topic, so

do you have any ISSUE with what I've written here, in regards to 'other things must show' for a DCF'd I-130 filed in China, or not?

if not, please bow out of this one.

If you do have ISSUE with what I've written, please expound. It's up to you if you wish to write an essay, or not.

[pushbrk 12,979]

excuse me, Sir - you replied to one my posts in this topic, so

do you have any ISSUE with what I've written here, in regards to 'other things must show' for a DCF'd I-130 filed in China, or not?

if not, please bow out of this one.

If you do have ISSUE with what I've written, please expound. It's up to you if you wish to write an essay, or not.

I see. No, I have no issue with your responses except to point out that the instructions say...

NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may evidence that bona fides of your marriage:

So, I wouldn't stress over concentrating on a list of items. Evidence of being together in China, including the USC's visa/status are the key items of concern. When a couple marries in China and the USC continues to live and work there, items E-I in the list that follows the quote above, are not critical. I would concentrate on "J" or "any other" like evidence of staying in China together.

I do have a question though. Why do you think it's critical for the USC to remain in China until the petition is approved?

"Bow out?" That's not how VJ works.