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Sun Wukong

Would DCF work for me? EXCITED but cautious...

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So, I have been desperately trying to figure out the best way to get my fiance to the United States, and had been looking at several different options. I had never heard about the DCF option though until now, and wish I had heard about it sooner. I am not sure if this visa would work for me or not, so here is a bit of background-

-I recently lived in China for one year and 3 months. I moved there after graduating from University here in the States. I was teaching English, and decided that I wanted to do something a bit more focused on my degree (business), so I returned to the United States to find new work.

-I am currently in the United States, and am searching for a new job. I figured I would turn in the K-1 petition, and while I was waiting for it to complete, I would continue to search for work both here and in China. If I found a job I liked here, I would wait out the 6-9 months for my fiance. If I found a job I could do for a while in China, I would move to China and work there for 6-9 months while I wait for the k1 petition. If I decided that I really enjoyed the job I found in China and wanted to stay for over a year, I would cancel my k-1 petition (as staying in China for so long would most likely void it due to time requirements) and instead file for a CR-1 visa. Then in 2 years or so my "then" wife and I would return to the United States together

-My biggest problem is that I do not yet have a job, and depending on the job I find, I may have to take different courses of action. However, I miss my fiance A LOT. I have already been back in the States for 3 months, and I don't like the idea of waiting another 7-8 months to see her again.

We had been working to get the documents together for the K-1 petition, and it took much longer than we had originally anticipated to find all the paperwork. However, we finally found everything, and I was preparing to send out the K-1 petition today. Honestly having been back for three months already, I am at the point where I really just want to be with my fiance as soon as possible, even if it would mean moving back to China and taking a job that won't benefit my career for a few months. However, I was reading a previous post that I had made a few days ago, and someone suggested I look into the DCF. My fiance is from China, and it seems China accepts DCF. Also, I have lived in China for over a year. From my understanding, DCF only takes about 3 months!!! I am extremely excited to hear this, but I still don't know if it is an option for me. So, here are my questions...

1) Can I fly back to China for a week or two, get married, turn in the consular paperwork while there, and then fly back to the States? Can I just mail the forms to China?

2) As I am not employed currently, could I use a co-sponsor? Could I include a copy of a job offer letter plus the salary they are offering me to prove that I have options/ can support my fiance? (I'd prefer to keep job hunting for something that I like a bit more, but I do have some offers, and they would meet the salary requirements. I'd just prefer to keep job searching until I find something I really like.) Is the documentation needed for my finances very strict?

3) What paperwork would be required to prove I lived in China for over a year? Would passport stamps be enough proof? I don't have any paperwork for the teaching work I did, so I hope that this plus photos would be enough proof that I lived there for over a year (though I did leave the country every 2 months for a few days in order to stay in line with my M visa requirements...)

4) Could this really all be done within three months?

If possible, the DCF route seems like a great option for me. I could bring my fiance over to the states and find a high paying job that meets my career goals here, which is much harder to find in China. I also could avoid worrying about not seeing my fiance for 9 months. I really want to find a job in line with my career goals so that I could support both myself and my fiance, but if it means not seeing her for almost a year, I feel that I may be better off just going back and taking a decent job for a while just so I can be with her... Anyhow, any advice would be greatly appreciated. I apologize for the rambling nature of this post, I was just so shocked when I heard about the DCF option for the first time today literally right as I was about to send out my K-1 petition... Thank you everyone for your advice!

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Since you are now living in the US, DCF is not an option


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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http://beijing.usembassy-china.org.cn/i-130-petition-for-alien-relative.html

Read that page.

1. No. You'll need a residence permit before you can file the I-130 locally.

2. If you don't have a US income, then yes, you can and will likely have to use a joint-sponsor. Job offer won't be enough alone. They'll want to see your US tax returns for the last 3 years, joint sponsor or not.

3. See link above. You'll need the residence permit.

4. In a magical land of everything going perfectly, it could take 3 months. Given that you need to first obtain a resident permit, it seems likely it would take more than 3 months.

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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http://beijing.usembassy-china.org.cn/i-130-petition-for-alien-relative.html

Read that page.

1. No. You'll need a residence permit before you can file the I-130 locally.

2. If you don't have a US income, then yes, you can and will likely have to use a joint-sponsor. Job offer won't be enough alone. They'll want to see your US tax returns for the last 3 years, joint sponsor or not.

3. See link above. You'll need the residence permit.

4. In a magical land of everything going perfectly, it could take 3 months. Given that you need to first obtain a resident permit, it seems likely it would take more than 3 months.

I have a an M visa (business visa) valid for ten years that allows me to stay in the country for 60 days, and then make a quick visa trip out of the country and come back.So you think this wouldn't be enough, and a residence permit would be required? On the guide here at visa journey, I thought it stated that if you had lived in the country previously for at least a year, you could apply for the DCF? I may be misunderstanding things though...

Since you are now living in the US, DCF is not an option

Are you certain about this? On the guide here I believe it says that you have to have lived in the country for over a year, which I did... but technically couldn't I just move back for a month or two while this processes? I have an M visa, so going back isn't too hard for me...

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