Submitting all beneficiary passport pages for i-130?

[attixdw 0]

Hello,

In 2013 I was working remotely in China. I was put up in hotels and my spouse (then girlfriend) joined me for over a year while making visa runs to several Asian countries for China tourist visas. We moved between a few cities and there is no way for us to get a police clearance from her one year in China.. My spouse domicile has always been Czech Republic but her passport shows 13 consecutive months in China with breaks of days to one week at most. At the time she was not working or in school. All tourist or business visas. 

Do many I-130 beneficiary applicants get an RFE for all passport pages? and USCIS could then ask for a police clearance from checking passport stamps? We were going to do consular processing- but now perhaps should AOS because police clearance form is not needed.

I just dont know if USCIS would request all passport pages (we have traveled 8 years extensively), do the math on the China visas and what constitutes "living" somewhere for one year or more.

Thanks in advance for any help with this confusing situation. 

[payxibka 10,045]

23 minutes ago, attixdw said:

Hello,

In 2013 I was working remotely in China. I was put up in hotels and my spouse (then girlfriend) joined me for over a year while making visa runs to several Asian countries for China tourist visas. We moved between a few cities and there is no way for us to get a police clearance from her one year in China.. My spouse domicile has always been Czech Republic but her passport shows 13 consecutive months in China with breaks of days to one week at most. At the time she was not working or in school. All tourist or business visas. 

Do many I-130 beneficiary applicants get an RFE for all passport pages? and USCIS could then ask for a police clearance from checking passport stamps? We were going to do consular processing- but now perhaps should AOS because police clearance form is not needed.

I just dont know if USCIS would request all passport pages (we have traveled 8 years extensively), do the math on the China visas and what constitutes "living" somewhere for one year or more.

Thanks in advance for any help with this confusing situation. 

USCIS does not ask for police certificates that is something provided to the consulate 

[SalishSea 17,930]

4 minutes ago, payxibka said:

USCIS does not ask for police certificates that is something provided to the consulate 

Sounds like OP wants her to AOS in an attempt to avoid having to get the police certificates.

[payxibka 10,045]

1 minute ago, Jorgedig said:

Sounds like OP wants her to AOS in an attempt to avoid having to get the police certificates.

I didn't know that was something you could choose.  Sounds like a premeditated plan

[SalishSea 17,930]

Just now, payxibka said:

I didn't know that was something you could choose.  Sounds like a premeditated plan

Agreed.  

[attixdw 0]

  29 minutes ago, payxibka said:

I didn't know that was something you could choose.  Sounds like a premeditated plan

Agreed.  

 

 

 

Spouse is here with me in USA now. We are STILL deciding within the US so its not premeditated. Due to covid we decided to go for the greencard. She has been to the US  around 15 times so far. Its impossible to get these police certificates from different Chinese provinces each with different rules. Even lawyers have difficulty getting just one. We are deciding now to adjust or consular? Its clearly stated for AOS these certificates are not needed. If they are needed at a consulate that could really be a problem later as you actually need to go to each province to physically get them- or have written proof that you tried and failed. We would need 3-4. Impossible. 

Anyway - So your saying we would need this police certificate at the final step possibly. 

But my question is what constitutes "living" somewhere? Staying there a year?

Thanks 

[Just Paul 4,595]

You can't file a DCF from the US.  So if you are filing concurrently from the US then you don't need any police clearance certificates.  But you might need other things if you wait and the I-944 is required again.  About police certificates  - or doesn't matter the purpose of the stay but rather if the stay meets the length required. The USCIS does not need the beneficiaries passport.