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RobMB

CR-1 DCF IN CHINA, PLEASE HELP

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Filed: IR-1/CR-1 Visa Country: China
Timeline

i have been living in beijing for two and a half years and my long time girlfriend and i just got married in hopes of moving back to the states. since i have been living here for a long time i see that DCF seems to only take 3 months for approval. i have been reading all over about what i need to prepare and have been pretty confused/overwhelmed. i would like for all information to be in one place and was hoping all the nice, experienced, attractive people on this board could give me a hand :) i have been on business visas and tourist visas the last couple years teaching in order to keep making money and be with my wife and i dont know if not having a work visa or tax documentaion will hinder the process. so far what i gather is that me and my wife need to fill out an I-130 form and mail it in and wait for a notiice until we get all our informaton together..is this correct? a step by step response would be VERY appreciated.

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Filed: Citizen (apr) Country: Ecuador
Timeline

*** Thread moved from CR-1 Process forum to Direct Consular Filing forum. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: IR-1/CR-1 Visa Country: China
Timeline

1. file a I-130 to the US Embassy/Consulate that yer homed to [beiJing, Shanghai, Guangzhou, Chengdu, Shanyang]

2. when you receive a notice about the approval, start prepping yer I-864 and DS-230 with all supporting docs on each.

3. When you get notice from Guangzhou IV, do what they tell you for IV intake

4. go get a medical exam

5. go to the interview.

That's the cliff notes version. We have some members here that have DCF'd within the last year, I'll post some member profile links when I have a mo.

good Luck !


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: Lift. Cond. (apr) Country: China
Timeline

1. file a I-130 to the US Embassy/Consulate that yer homed to [beiJing, Shanghai, Guangzhou, Chengdu, Shanyang]

The Consulates in Shanghai, Chengdu, and Shenyang will not accept an I-130.

Since the OP has indicated he lives in Beijing, the Beijing USCIS field office will be the office he visits once his documents are ready for submission.

OP, you will have to go to the field office in-person; they will not accept a file sent by mail.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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i have been on business visas and tourist visas the last couple years teaching in order to keep making money and be with my wife and i dont know if not having a work visa or tax documentaion will hinder the process.

Being that you don't have a Residence Permit, you're technically not supposed to be working. I realize that this is a pretty common situation in China, but I personally wouldn't want to document it on an application.

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Filed: Lift. Cond. (apr) Country: China
Timeline

Being that you don't have a Residence Permit, you're technically not supposed to be working. I realize that this is a pretty common situation in China, but I personally wouldn't want to document it on an application.

This is a good catch. :thumbs:

OP, tourist and business visa extensions do not count toward the 6 month requirement prior to filing a petition at an overseas USCIS field office. In order to be eligible, you must be there on a long term stay visa or have a residence permit.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Now that you are married, you can go to your wife's hometown and apply for 1-year duration L visas, or better yet the newer Marriage Residence Permit. It seems a lot don't know about this type of visa as it is relatively new. It is an actual Residence Permit...but still does not legally allow you to work under it.

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Filed: Citizen (apr) Country: China
Timeline

Now that you are married, you can go to your wife's hometown and apply for 1-year duration L visas, or better yet the newer Marriage Residence Permit. It seems a lot don't know about this type of visa as it is relatively new. It is an actual Residence Permit...but still does not legally allow you to work under it.

I've been living in Shanghai for ten years, and have held a variety of visas, including several Zs. However, since getting married 3 years ago I've just been getting 6-month multiple-entry L visas. (The 1-year L visa requires a medical exam that I'm always too lazy to get, and the only Marriage Residence Permit I've heard of requires you to have been married for 5 years). When I filed my I-130 in Beijing in June, the officer glanced at my latest L visa and started to say that I didn't qualify for DCF. I explained how long I'd been in China and showed him my previous passport full of Z visas, and he changed his mind and accepted my petition.

As far as working while on an L visa, I can only relate my personal experience -- I listed my occupation as "freelance" (the truth) on the G-325 and I-864 forms, and I've filed US taxes on my freelance income. Other than the USCIS guy checking whether or not I qualified for DCF, no one asked what kind of visa I had.

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I've been living in Shanghai for ten years, and have held a variety of visas, including several Zs. However, since getting married 3 years ago I've just been getting 6-month multiple-entry L visas. (The 1-year L visa requires a medical exam that I'm always too lazy to get, and the only Marriage Residence Permit I've heard of requires you to have been married for 5 years). When I filed my I-130 in Beijing in June, the officer glanced at my latest L visa and started to say that I didn't qualify for DCF. I explained how long I'd been in China and showed him my previous passport full of Z visas, and he changed his mind and accepted my petition.

As far as working while on an L visa, I can only relate my personal experience -- I listed my occupation as "freelance" (the truth) on the G-325 and I-864 forms, and I've filed US taxes on my freelance income. Other than the USCIS guy checking whether or not I qualified for DCF, no one asked what kind of visa I had.

The visa you need to get the medical exam for is the Marriage Residence Permit. You can also get 1-year L visas with the purpose of visiting family without taking the medical. Both are unlimited entry visas. The only real difference is the Residence Permit allows you to apply for credit cards, get a Chinese driver's license, etc. Neither allow you to legally work, regardless of what title you give yourself. Both times I applied for an L while changing jobs, the PSB officers repeatedly reminded me that I'm not allowed to work on the visa.

The fabled "D" visa has the 5 year requirement. I've heard they've made this much easier to get starting this year. You CAN legally work on a D visa...as it is essentially the same thing as the greencard we are applying to get for our spouses.

Edited by SVH

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Filed: Citizen (apr) Country: China
Timeline

The visa you need to get the medical exam for is the Marriage Residence Permit. You can also get 1-year L visas with the purpose of visiting family without taking the medical. Both are unlimited entry visas. The only real difference is the Residence Permit allows you to apply for credit cards, get a Chinese driver's license, etc. Neither allow you to legally work, regardless of what title you give yourself. Both times I applied for an L while changing jobs, the PSB officers repeatedly reminded me that I'm not allowed to work on the visa.

The fabled "D" visa has the 5 year requirement. I've heard they've made this much easier to get starting this year. You CAN legally work on a D visa...as it is essentially the same thing as the greencard we are applying to get for our spouses.

The 1-year L-visa does require a medical exam. In fact, all Chinese visas and residence permits, including "D", permanent residence, etc, of one year or longer require a medical exam. It's the reason I've had six six-month "spouse" L-visas.

The OP's question was about petitioning for his wife to get a US visa. The legality of his (or my) working in China is irrelevant.

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The 1-year L-visa does require a medical exam. In fact, all Chinese visas and residence permits, including "D", permanent residence, etc, of one year or longer require a medical exam. It's the reason I've had six six-month "spouse" L-visas.

The OP's question was about petitioning for his wife to get a US visa. The legality of his (or my) working in China is irrelevant.

The medical check for an annual L must be something new. I was issued one a few years ago without it.

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Filed: Citizen (apr) Country: China
Timeline

The medical check for an annual L must be something new. I was issued one a few years ago without it.

I think it started in 2009 or 2010. Anyway, it's not the big deal we seem to be making it out to be -- less invasive than the medical check our fiances and spouses have to go through to get into the US -- I just always put off renewing my visa until the last minute, so I can never afford to wait a week for the results.

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I think it started in 2009 or 2010. Anyway, it's not the big deal we seem to be making it out to be -- less invasive than the medical check our fiances and spouses have to go through to get into the US -- I just always put off renewing my visa until the last minute, so I can never afford to wait a week for the results.

I've gotten the medical results the same/next day every time I've taken the exam. It's a basic exam, as I'm sure you're aware. I honestly think the only thing they are looking for is TB or HIV or whatever. The vision exam etc is nothing but a joke here in China. Last time I took the exam, they've added a urine test. I'm guessing maybe for drug screening, but that's just a guess.

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Filed: Citizen (apr) Country: China
Timeline

I've gotten the medical results the same/next day every time I've taken the exam. It's a basic exam, as I'm sure you're aware. I honestly think the only thing they are looking for is TB or HIV or whatever. The vision exam etc is nothing but a joke here in China. Last time I took the exam, they've added a urine test. I'm guessing maybe for drug screening, but that's just a guess.

I took the exam in 2002 and again in 2006, and it included a blood test, eye exam, EKG, abdominal ultrasound, and a chest X-ray. In my experience in Shanghai, it can take between one and three weeks to get an appointment at the clinic, and 5 days for the results ... although I assume you can expedite for a fee.

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