K-1 vs DCF

[panda-and-penguin 2]

Hello,

My chinese girlfriend and I just discovered the site today and are trying to think about what is the best option for us as we plan our future together.

I am here in China on tourist visa but living with my girlfriend in her condo in Xiamen. I will be traveling back to the US for a month then coming back to stay with her again indefinitely. My tourist visa requires me to leave the country every 60 days (just go to Hong Kong and back). I work remotely as a freelancer for different companies in the US.

If I come and stay with her for 6 months and we are married during that time, can we go the DCF route? Even though I am leaving China every 60 days and here on a tourist visa? Or do we have to go the K-1 route? If we do the DCF route, is there some paper trail I should be gather while I'm staying here?

Thanks for the help, love the site!

All the best,

Panda

[Transborderwife 4,666]

I believe that you are required to be a legal resident for 6 months to dcf

[RandyW 149]

As of Dec., 2011, the six month requirement was DROPPED from the consulate's website at http://guangzhou.usembassy-china.org.cn/i-130-petition-for-alien-relative.html, but it LIVES ON, on other web sites, including VJ.

You will be required to simply prove that you LIVE in a province under the Consulate's jurisdiction.

Bring:

Evidence of the petitioner’s residence in China. This may include:

• A Residence Permit for Foreigner in the People’s Republic of China (居住许可).
• A Chinese visa (签证) in the categories of D, J1, Q1, S1, X1 or Z.
• Please note that U.S. citizens whose principal residence is not China and/or are abroad for a short-term visit as a tourist or on business must file their I-130 petition with the Chicago Lockbox. For example, temporary travelers under L, M or F Chinese visas will generally not qualify for direct filing with the Guangzhou Field Office.

Edited January 3, 2016 by RandyW

[Chris and ZhiJia 146]

To add onto what RandyW has posted, you are currently on an L Visa, and you may get away with it a couple times exiting and re-entering, but after doing this several times, you will find yourself pulled aside and questioned by Chinese Immigration, China currently has an issue just like the US with undocumented foreigners currently working in China under L Visa's exiting and re-entering. L Visa's were not issued with the intent of permanent residence. Doing what you plan to do (I know you are working for US companies) will end up getting you in a lot of trouble with Chinese Immigration (which can lead to fines, jail time, and deportation).

[panda-and-penguin 2]

Hello,

Thank you all for the replies. I am on an L visa. We were looking at what would be involved to get a Q Visa but it looks like more paperwork than I want to deal with here in China. We are thinking of going the K1 route.

Chris.M thank you for pointing this out. So far, I haven't had any issues at Chinese Immigration.

Panda