A Candle for Love - DCF & HK FAQ

 


CONTENTS:

1)      Section 1 每 Questions related to direct consular filing (DCF) and issues at Guangzhou and other posts.

2)      Section 2 每 Questions related to getting married in China

3)      Section 3 每 Questions related to HK and other posts

 

 

IMPORTANT NOTE:
These are compilations and consolidations from other peoples questions and answers posted on the Candleforlove.com web page and other pages. You should read this FAQ with that in mind, because things change faster than this FAQ.

 

If the question or answer is familiar to you, thank you for your contribution.  In some cases, the original has been edited for this FAQ. These questions and answers are only related to the visa process for those petitions going through the US Consulate in Guangzhou. If you find something that does not seem correct, please email or post about it, that way this FAQ can be updated. Remember these questions and answers are based on other people*s opinions or experiences only.

 

 

WHERE TO GET FURTHER INFORMATION:

1)      This FAQ will contain common and frequent questions but may not have some information you need.  It is recommended that you look at the following CFL FAQs:

2)      http://candleforlove.com/forums/index.php?showtopic=11293

a.       CFL EZ-FAQ (single document FAQ)

b.       CFL Visa FAQ

c.       CFL DCF & HK FAQ

d.       CFL P3 FAQ

e.       CFL P4 FAQ

f.        CFL Interview FAQ

g.       CFL Interview Questions FAQ

h.       CFL AOS FAQ

3)      CFL searchable database  (www.cflgallery.com)

4)      Visa Journey FAQ (http://www.visajourney.com/faq/k1faq.htm )


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DCF Frequently Asked Questions

=====================================================================

Section One: General Questions and issues for Guangzhou and other posts

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Q.1.1 What is a FAQ?
Q.1.2 What is DCF?

Q.1.3 What are the requirements to directly file at the consulate?

Q.1.4 Where can one file?

Q.1.5 Filing at Beijing

Q.1.6 Filing at Chengdu

Q.1.7 Filing at Shanghai

Q.1.8 Filing at Shengyang

Q.1.9 Filing at Guangzhou

Q.1.10 Issues related to NOA1 and NOA2

Q.1.11 Issues related to P3

Q.1.12 Issues related to P4 & I-864

Q.1.13 Issues related to Interview

Q.1.14 Issues related to Domicile?

Q.1.15 How long does the DCF  process take?

Q.1.20 Where are the interviews held?

Q.1.21 What is an overview from marriage to 10 year card?

 

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Section two: Questions related to marrying in China

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Q.2.1 Does it matter where we get married in China?

Q.2.2 How do I get the single certificate in China?

Q.2.3 How do I get the single certificate in the US?

Q.2.4 What if I am divorced, do I need a divorce decree?

Q.2.5 Is there a sample document for single status?

Q.2.6 Declaration of not related to future wife?

 

=====================================================================

 

Section three: Questions related to HK (and other posts)

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Q.3.1 How about filing at posts other than mainland China?

Q.3.2 Traveling to Hong Kong (ie: marriage and related issues)?

Q.3.3 Hong Kong vs Mainland Differences?

Q.3.4 US based filing;  Hong Kong interview?

Q.3.5 Hong Kong filing, GUZ or HK interview?

Q.3.6 Sydney, Australia?

 

=====================================================================
=====================================================================
The Answers.
=====================================================================

Section One: General Questions

 

------------------------------------------------------------------------------------------------------------------
 (Edited 25 Nov 2005)

Q.1.1 What is an FAQ?

A.1.1.1
FAQ is an acronym for Frequently Asked Questions.

A.1.1.2
When there is a FAQ available on a web site or forum, it is there to help people who are new to the subject get a basic level of understanding by answering the questions that are frequently asked. It is considered common courtesy in the on line world to read the FAQ before posting your question as it may already have the answer you need, or it might help you to formulate your questions so that someone else can more easily help you when you ask them.

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(Edited 25 Nov 2005)

Q.1.2 What is DCF?

 

A.1.2.1

It's a street term for ※Direct Consular Filing§. It is NOT an official term.

 

A.1.2.2

When a USC is a resident in a foreign country, they *may* be able to file the I-130 at the US embassy in the foreign country rather than sending it to the US for adjudication. Generally, a DCF filing gets approved and forwarded to GZ much faster than an I-130 filed through one of the service centers in the US.

A.1.2.3

What you are describing is a DCF where you file the I-130 directly with the embassy/consulate rather than sending it to the US for processing. She will get a CR-1 visa out of it and on entry to the US an I-551 stamp. That will be her temporary green card until the physical one arrives in the mail. She can work (with an SSN) and travel out of the US and back without any issues. The only other thing needed is two years after getting her green card is filing to remove conditions.

 

A.1.2.4

As a small note, DCF can only be done for a spouse, and it is an immigrant visa (CR1). You can not do a K visa DCF.

 

A.1.2.5

More info:

 

Visa Journey:

http://www.visajourney.com/forums/index.php?autocom=custom&page=compare

 

 

9 FAM:
http://foia.state.gov/masterdocs/09fam/09n0200.pdf

 

DIRECT CONSULAR FILING (DCF):
http://www.usaimmigrationattorney.com/DCFandnoDCFcountries.html

 

 

001:

DCF Visa Flow Chart:

http://www.laogonglaopo.com/001files/ChinaCR1_FlowChart_EN_Rels.htm



 

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(Edited 8 July 2006)

Q. 1.3 What are the requirements to directly file at the consulate?

 

A.1.3.1

As a general rule, the petitioner must reside in the consular district but the residence or even physical presence of the beneficiary is immaterial. The petitioner must execute the petition in person before the consular officer.

 

A.1.3.2

You do not need to wait 6 months after you get your residence book. I only had my residence book for a few weeks before I filed. And I know people who filed the day after they got their residence book.

A.1.3.3

I am only familiar with DCF and the process has taken roughly 7-8 months to get to the interview. I am already married and we filed the I-130. See, we weren't any different once we sent the P3 back, before that, you save a lot of time by avoiding the American centers. If one is truly determined, get married in China, live there for two years and then come America.

 

A.1.3.4

The employer takes care of obtaining a work permit (z-visa) and a residence book. Usually takes 2-3 weeks including a medical examination.    As soon as you get a residence book, you can file DCF and immediately leave China if you want (although you might face penalties if you are tied into a contract).

 

A.1.3.5

I believe the big requirement is the residency permit. I don't think they care about the kind of visa.  They did want to see a Z visa when we filed, but when I showed them the permit (I think I was on an X visa), they didn't seem to care about the visa#

 

A.1.3.6

I was just recently married in China. I got my certificate of marriagability from the Beijing Embassy. My wife had to be present because they gave us a short interview. Just simple questions...how did you meet, how long have you know each other, future plans etc. It took about 30 second to answer all the consuls questions. I just gave them my passport and my wifes ID and asked for a certificate. !0 minutes later they came out with one in both Chinese and English. The counsul asked his questions and I signed the paper. Very easy. As long as you are not currently married I don't think the consulate can deny you this certificate. We had not trouble at all.

To get married all I needed was my passport and this certificate. No residence permit is required for this. You can marry on any type of visa. The visa I had at the time as a business visa. As long as you have any visa you can marry. I married in Hebei province in the capital Shijiazhuang. Other provinces may be different. It was very easy here. Once hour and we had our marriage certificate.

I am now in the process of getting my residence permit. This takes time to get. First, you need to have a job in China. Your employer must then file paperwork with the local authorities and give you a letter from the local government. If you are in the states you send this letter, visa application, and your passport to the Chinese Embassy in America...they will then send you a Z visa. If you are in China you must take you letter to Hong Kong to do this. You Z visa is not your residence permit. It is considered your working visa. Your Z visa is good for ONLY 30 days after you enter China. Once you enter, you must find an appartment if your employer does not provide one. Then you have to give you passport and visa to your employer and they will send it away to get your residence permit. You must have a residence and a job in China to get a residence permit. Once you give your employer your passport it will take between 14 and 20 days to get your residence permit.

When you want to file a I-130 from within China, you have to file at the USIC office where your residence is located. I live in Xiamen so I have to file at Guangzhou. If you are filing the I-130 in the US You DO NOT need a Chinese residence permit. DCF means to directly file a I-130 form in a different country. Therefore it is a process reserved for people who hold residency to that country. You can not come to China on a tourist visa and file a I-130 here. You can only file an I-130 in China if you have a Chinese resident permit.

Also, as far as I know, it is no longer nessessary to have residence for longer than 6 months.

As long as you have a Z visa or a Residence Permit you should be ok.

 

 

A.1.3.7



[Chinese National]
1, Passport

2, Divorce Book
3, Marriage Book
4, Birth certificate or one issued by a Sub-police station of Shen Zhen Public Security Bureau, where Hukou is located (if you don't have a Birth Certificate, was not born in hospital instead of at home. ( Kept by CO))

[USC]
1, Birth certificate (kept copy)
2, Passport (kept copy with all pages)
3, Work Permit (kept copy)
4, Marriage Book (kept copy)
5, Divorce Decree (kept copy)
6, Residency Book (website says need 6 months residency; some report not needing this)


Notary certificate: ( kept all by CO)
1, Divorce Notary ( one Direct and one In-direct)
2, Marriage Notary ( one Direct and one In-direct)
3, Birth Notary
4, Birth Certiticate issued by Police station Notary

Forms:
1, I-130
2, G-325A (USC) with a passport photo
3, G-325A (Chinese National) with a passport photo

Fee:
Paid $190 by cash (USD or RMB).  Check for current fee.

 

A.1.3.8   

Consular Offices Abroad Resume Accepting I-130 Immigrant Visa Petitions

http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm

"To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard. "

 

US Consulate website:

"Petitions on behalf of immediate relatives may be filed in person at the DHS office in Beijing or at the American Citizen Service office of any Consulate near your residence in China. However, if you do not have a valid Chinese "Foreigner Residence Permit", "Z" work visa, ※X§ student visa, or other long-term official authorization permitting you to live in China, you should file your immediate relative petitions with the nearest immigration office (DHS/BCIS) in your home state in the U.S."


1. One  I-130

2. One G-325A for petitioner and one for beneficiary.

3. Petitioner's  U.S. Passport and/or U.S. birth certificate, and Valid Chinese Public Security Bureau issued Permanent Resident Permit.

4. Beneficiary's original Birth Certificate or Certificate issued with Public Security Bureau letterhead for certify original is kept in record or loss.

5. Beneficiary's Notarial Birth Certificate.

6. Notarial Marriage Certificate (also applied to step-child beneficiary)

7. Original Marriage Certificate (also applied to step-child beneficiary) and Notarized translation of the Marriage Certificate.

8. Beneficiary's Chinese Passport.

9. 2 photos for each Petitioner and each Beneficiary.

10. Other documents mentioned in the instruction statement of the I-130.

11. Beneficiary's Chinese Passport.

12. Fee ( Must be in U.S. Dollars or RMB only)

13. Address in China should be written in English and Chinese Character.

you need to have a Permanent Resident Booklet issued by the Chinese Public Security Bureau Exit Entry Administration and an Employment Certificate and already residing in China for at least six months . By the way, if you are residing in the U.S., please follow instructions of where to file in the I-130.

DHS @ GUZ:

DHSGuangzhouGeneral@dhs.gov

 

020 8518-7651 ex: 7651

 

DHS @ BJ:

 

Dhsbejing-cis@dhs.gov

10-8529-6740


A.1.3.9

More info:

 

Consulate Website: I-130 Filing

http://www.usembassy-china.org.cn/guangzhou/uscis/I130.html

 

 

Direct consular filing, What is needed to file direct (05-15-05)

http://candleforlove.com/forums/index.php?showtopic=10333

 

DCF, Qualifications (07-10-04)

http://candleforlove.com/forums/index.php?showtopic=5890

 

K1 or DCF filing? Please help!

http://candleforlove.com/forums/index.php?showtopic=15809

 

 

 

 

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(Edited 25 Nov 2005)

 

Q.1.4 Where can one file?

 

A.1.4.1

there is one Embassy and 4 Consulates on the Mainland:

 

Guangzhou 每 Consulate, where regional filing and ALL K# and C# interviews occur here

   Fujian, Guangdong, Hainan or Guangxi 

 

Beijing 每 Embassy, where regional filing occurs

   Beijing, Tianjin, Xinjiang, Qinghai, Gansu, Shaanxi, Ningxia, Shanxi, inner Mongolia, Hebei, Henan, Shandong, Hubei, Hunan, or Jiangxi

 

Chengdu  每 Consulate, where regional filing occurs

   Guizhou, Sichuan, Yunnan, Tibet or Chongqing

 

Shanghai  每 Consulate, where regional filing occurs

   Anhui, Jiangsu, and Zhejiang

 

Shengyang  每 Consulate, where regional filing occurs

   Liaoning, Jilin or Heilongjiang

 

 

A.1.4.2
Be sure to call the place where you plan to DCF before going there to apply. You need to find out what documents you must bring. This information isn't on the Embassy website, surprise, surprise (at least it wasn't when I did this last November). And even though I called, they forgot to tell me to bring one document - when we traveled to Beijing and applied, they mentioned it. I said I brought what they told me to bring, and they fortunately accepted my application.

 

 

A.1.4.3

The way it works is, after you file [at other than BJ or GUZ], it goes to Beijing. They check over your forms to make sure you crossed the "t"'s and dotted the "i''s and lower case "j"'s.

 

A.1.4.4

All petitions are approved by the USCIS office in Beijing (also called the Homeland Security office). If you file at a consulate elsewhere it is sent to BJ for approval. Once approved by USCIS in BJ, it is forwared to GZ for security check and scheduling.   So, you could file the petition in GZ, it is sent to BJ, then back to GZ for the rest.

 

A.1.4.5

More info:

 

DCF questions, for FAQ (07-14-05)

http://candleforlove.com/forums/index.php?showtopic=11533

 

Where to file DCF?, Chengdu or Guangzhou? (07-11-05)

http://candleforlove.com/forums/index.php?showtopic=11450

 

A map of jurisdictions can be found here:
http://www.usembassy-china.org.cn/beijing/consulate-map.html


 

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(Edited 25 Nov 2005)

Q.1.5 Filing at Beijing

 

A.1.5.1

File at:

Kerry Center, 2320 South Tower, No. 1 Guang Hua Lu, Beijing. It is apparently quite near the Embassy. Their phone number is 010 8529 6740

 

A.1.5.2

My wife and I did our I-130 DCF through Beijing. As mentioned, your receipt of payment (at least here in Beijing) is your only proof that you filed the I-130 at all. You will NOT receive anything until you get the actual Notice of Approval on the petition.

A.1.5.3

More Info:

 

Direct Consular Filing (09-13-04)

http://candleforlove.com/forums/index.php?showtopic=6933

 

Beijing:

http://uscis.gov/graphics/shared/fieldoffi...ing/aboutus.htm

 

 

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(Edited 25 Nov 2005)

Q.1.6 Filing at Chengdu

 

A.1.6.1
If you are in Chengdu's consular district, then it would be Chengdu that you would file with.   It is about 6 to 9 months fast to DCF.  Yes, you have to do it in person (I believe). Ms. Ren (She is Chinese) is who I submitted my forms to. She was very helpful.


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(Edited 25 Nov 2005)

Q.1.7 Filing at Shanghai

 


-------------------------------------------------------------------------------------------------------------------
(Edited 25 Nov 2005)

Q.1.8 Filing at Shengyang

 

 

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(Edited 25 Nov 2005)

 

Q.1.9 Filing at Guangzhou

 

A.1.9.1

We filed DCF because we both live and work in Guangzhou. We filed directly at the Guangzhou Consulate. You need to file at the consulate/embassy that has jurisdiction over your area of your residence. When I first got there, they kept on sending me different places because no one seemed to have heard of DCF. You need to go to the Department of Homeland Security (DHS) on the second floor (next to American Citizen Services (ACS)). Also, I could only file Tuesday or Thursday afternoon (if I remember correctly).

 

A.1.9.2

More info:

 

direct consular filing, faster to file in Guangzhou (10-24-05)

http://candleforlove.com/forums/index.php?showtopic=13505

 

 

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(Edited 25 Nov 2005)

 

Q.1.10 Issues related to NOA1 and NOA2

 

A.1.10.1

Once they are done (it took me about 2 months) they will send you a letter saying they are done and the forms are being send to GZ. That letter is basically what people call NOA2 (Notice of something 2... In my case that took 2 months). I never got NOA1.

 

A.1.10.2

More info:

 

For all the recent DCFer's...., How long for I-130 NOA (06-19-05)

http://candleforlove.com/forums/index.php?showtopic=11006

 

 

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(Edited 25 Nov 2005)

 

Q.1.11 Issues related to P3

 

A.1.11.1

From the time you send in your P3 packet information, the DS-###pt 1 and such, expect about a 3 to 3 and a half month wait. This part doesn't change and is the same whether you are DCR or not. The part that takes the shorter time is the initial I-130 filing to getting your case number.

 

A.1.11.2

Then when it arrives in GZ, they will send you some more forms (AKA P3). For me, that was a week later. That's where I am at this point. I sent back the P3 in the end of April.

A.1.11.3

About the P3...

- You need the DS-230 Part I. It's very short. Only one page. It has writing on the front and on the back. It's very easy to fill out. Mostly information about you.

- The OF-169 is a list of things you need to collect to bring to the interview. You only need to sign the paper and mail it back to Guangzhou with the DS-230. The OF-169 is in chinese and english.

- The I-864 is in P3, but you don't need to mail it back. You will take the I-864 with you to the interview.

 

 

A.1.11.4
Hong Kong Issues, member*s comments:

 

※We finally receive the P3 from HK Consulate.  The mail is called as official pouch according to HK reply.  It took more than 10 days to reach us§.

 

 

 

 

 

A.1.11.5

More info:

 

P3 Question - CR1 in China (12-30-04)

http://candleforlove.com/forums/index.php?showtopic=8119

 

P3-related questions (12-29-04)

http://candleforlove.com/forums/index.php?showtopic=8113

 

DCF'ed in November, still waiting for P4 (06-23-05)

http://candleforlove.com/forums/index.php?showtopic=11093

 

 

Notarized Birth Certificate & Marriage Certificate, What are needed for the interview?  -- DCF questions posed to Consulate

http://candleforlove.com/forums/index.php?showtopic=16315

 

 

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(Edited 25 Nov 2005)

 

Q.1.12 Issues related to P4 & I-864

 

A.1.12.1

 

1) DCF beneficiary*s will pay the visa fee at the consulate.

 

P4 Letter:

"Applicant should prepare to pay (in cash) the Immigrant Visa Processing Fee...."

 

 

2) DCF beneficiary will bring the I-864 to the interview

 

 

A.1.12.2

More info:

 

Newbie with a few questions (02-21-06)

http://candleforlove.com/forums/index.php?showtopic=8845&hl=i-864

 

CR1 visa fee, We DCF'd -- is it paid at GUZ? (11-09-05)

http://candleforlove.com/forums/index.php?showtopic=13890

 

Getting ready for interview (10-28-05)

http://candleforlove.com/forums/index.php?showtopic=13587

 

864 forms and visa and visa turned down (06-22-05)

http://candleforlove.com/forums/index.php?showtopic=11053

 

Questions about translations and I-864 (05-18-05)

http://candleforlove.com/forums/index.php?showtopic=10389

 

I-864 Question, For DCFer (05-21-05)

http://candleforlove.com/forums/index.php?showtopic=10435

 

I-864 P3 Question, Do I really need to send this now? (12-30-04)

http://candleforlove.com/forums/index.php?showtopic=8125

 

 

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(Edited 25 Nov 2005)

 

Q.1.13 Issues related to Interview

 

A.1.13.1

If you're living in China, you will def need a joint sponsor for the I-864, whether you have lots of money or not. They want someone making money in the US to guarantee her and you will also have to show "domicile"

 

A.1.13.2

my husband got everything over with all at once. He went in the morning [to Guangzhou Consulate for interview] and they did the whole interview, collecting the I-864 and all accompanying tax returns. It was all over by noon.

 

A.1.13.3

Pay visa fee at consulate on day of interview.

 

 

A.1.13.4

SAMPLE INTERVIEWS:

 

Interview Procedures:

Example 1:

First they took my index finger print on a machine, after that they let me sit and wait.

Then after 30 minutes, the woman called me and asked; the name of my petitioner, how we met how many times he visits me, if I was married before, she asked me about my US visit before, what is my husband*s job, phone number, how often we talk, if he has kids.

After another 30 minutes, the final interview was with the VO. I took an oath and he asked my husbands name, where we get married, how we met, what website, how many kids does he has, what are their names, he asked me about my US visit before, how many years I*ve been living here in Hong Kong, what work am I going to have in the US, my husbands job, He looked at our wedding album turning from page to page, and he said that we have a very nice wedding. Then after that he said congratulation, I don*t see any problem with your papers, so we will issue you the visa.

 

 

 

Example 2:

At the fifth floor they will check the SO's passport again. (From this point on you refers to SO. Take your cell phone and go through the metal detector. They will give a card to pick your cell phone back up.

Then, you enter the waiting room and wait for them to call your name. After they call your name you will go up to the window and they will give you a number. You will give them the I-864, look at your passport, and the chinese worker opened the medical envelope. They asked some simple questions in chinese. 1. Who is your sponsor? 2. Who is your joint sponsor? Then, they gave the letter to pay the immigration fee and the number for the interview.

Then, go to window 16 and pay money. They will give you a receipt.

Then, sit back down and wait for them to call you. Everyone stands up and takes the vow in Mandarin and Cantonese. They have you vow that all information from your immigration is true and correct and you have not included any false information.

They call your number and you go up for your fingerprints (on that day it was window 17). An American woman took his fingerprints. He said she was very nice and could speak chinese very well. He also says to add it sounds simple but takes a very long time to get to this point.

Go back and sit down.

They call your number and direct you to a window and this is the interview.

 

 

 

[CFL 每 DCF interview 3/2007]

How did you meet?
- In Shijiazhuang in Feb. She started telling him details and then he cut her off and moved on.
When did you move in together?
Formally in September.
I see you went to Thailand...How was that?
Great, we were there for two weeks on vacation together.
Where is your husband now?
In the US
What kind of job does he do?
Just got a new job in a company.
Where is his drivers license?
With the I-864
What are your plans for the future?

 

[CFL 每 DCF interview 12/2006]

She first handed them both of our passports

1. if I was there. She said no, and that I sent it to her. She said I was there a month before, and then mailed it right after.

2. where we met

3.when we were married.

4. if she met my parents, and then asked for pictures.

They talked about the wedding a bit, and then my wife asked if she wanted to see other pictures of our relationship, and the interviewer said no.

 

[CFL 每 DCF interview 12/2006]

1. asked to see our passports

2. asked when we first met

3. where am I residing currently (US or China).

He spent most of the time looking over my I-864 documents and did not ask to see any photos. The interview lasted about 5 minutes, with the VO mostly stamping and labeling documents and looking at the computer.

 

[CFL DCF interview 7/2006]

VO: How did you know each other?
Me: We are working in the same office.
VO: How long has he been in China?
Me: Over two and a half years.
VO: When will his assignment finish?
Me: End of this year.
VO: Good.
He rapidly flipped the pile of the document front of him and asked me: Did you give me the Affidavit of support?
Me: Not yet.
VO: Okay, give it to me.
I handed over to him a pile of files which all are about finance support evidences that my husband took a lot time to prepare. He looked like didn*t have time to see anything else but only took out the I864 and tax return.

Then he handed me the red slip. That was all. He didn*t ask any pictures, letters, emails##.

 

[CR1 interview 3/2006] 每  DCF

When did you meet your husband?
Where does he work?

Looked at a few of the docs we prepared...and that was it. Visa approved.

 

 

 

 

[CR1 Interview 每 2/2005]

Her interview time was at 7:15 and by 9:45 she came down from the 5th floor to the 4th floor trying to hide her smile. She did not fool me except for the second my heart skipped a beat. Shhe said that she first handed over the I-864 and my 3 years of tax forms to a Chinese lady. This same lady then asked her when and why she went to Enland. In June we both took a 3 week work/vacation to England. This trip was never documented to the consulate. My guess is they found the English visa during the name check. They then took her fingerprints and she paid 3,078 rmb for the visa. She was then called up to Pearl's window. Pearl first asked for XinHui's passport which XinHui responded by handing her both mine and her own passport. She only accepted Xinhui's passport. She then asked how and when she meet her husband which she stated blossems.com in March 2004. She then only looked at only one of our wedding photos and stated that she passed and will get her visa.

 

 

John (smiling): Hi. (in English)
VO: (also smiling): Hi. May I see your passport? (in Chinese)
(John purposely takes out my passport first....he doesn't outwardly mention "my wife is waiting outside for me" but leaves no doubt about it by the gesture. After putting my passport down, then he takes out his and hands it over to the VO)
John: May I put my documents here? (in English)
VO: Sure. (in Chinese)
VO: You can speak English?
John: Yes.
(then the VO continued the questioning in English)
VO: How did you meet?
John: We worked together at XXXX in 2002. I am a translator, she is a copywriter. She proofread my translations.
VO: How long has been in China?
John: More than five years.
VO: Where will you live in the US?
John: Here is the domicile evidence. Do you want to see it? (we prepared a folder of evidence to prove my permanent residence is in the US).
VO: Yes. (VO studies the documents).
VO: Who is (my father's name)?
John: Her father.
VO: Can I see your pictures?
John: Yes. We got a lot of pictures. Here are just some samples.
(VO looks at them...gets to the birdwatching ones, VO stops)
John: Birdwatching.
(VO smiles)
VO: When will you go to the US?
John: The end of this year.
VO: Your visa is approved.
John: Thank you!
VO: Qing man zou.

 

 

 

 

A.1.13.5

More info:

 

CR1(DCFer in Guangzhou)  (07-12-06)

http://candleforlove.com/forums/index.php?showtopic=19201

 

Interview Details (03-30-06)

http://candleforlove.com/forums/index.php?showtopic=17643

 

DCF interview experience (11-19-05)

http://candleforlove.com/forums/index.php?showtopic=14086

 

household register, I'm not on it (10-11-05)

http://candleforlove.com/forums/index.php?showtopic=13202

 

Passed Interview!, Feeling better everyday! (06-21-05)

http://candleforlove.com/forums/index.php?showtopic=11035

 

 

 

-------------------------------------------------------------------------------------------------------------------
(Edited 25 Nov 2005)

 

Q.1.14 Issues related to Domicile?

 

 

A.1.14.1

"Domicile" is a complex concept, but is often defined as that place to which you will return after temporary stays elsewhere.

 

A.1.14.2

In order to file an I-864 the sponsor or joint sponsor must be a resident of the United States. However, sponsors residing outside the United States are not automatically disqualified from being a sponsor if they are able to show that they are temporarily resident outside the United States. Joint sponsors must be resident in the United States to qualify.

 

You may meet this requirement by showing that you have taken or will take a credible combination of steps to make the U.S. your immediate principal place of residence. Such steps may include finding employment, locating a place to live, registering children in U.S. schools etc.

 

A.1.14.3

lived in China for 2 straight years and my husband almost didn't get the visa because of that. Luckily, when told he must prove my ties to the US, he remembered to pull out a letter from a University accepting me to the Master's program. That was enough for us, but the VO's do take domicile as a serious issue

 

A.1.14.4

If your domicile is not in the US, you cannot execute the I-864. If you, the petitioner, cannot execute the I-864 because of this, you cannot use a joint sponsor. No sponsor = no I-864. No I-864 = no visa.

 

A.1.14.5

Apparently, the American spouse -- in these cases -- in general had been in China for a while, had a profitable/steady job, real estate in China, and probably the SO had a fairly stable situation as well. I guess when the VOs see this sort of situation, in their minds they see it as "no reason to immigrate" and will sometimes deny on those grounds. I guess the thinking is you are already together and have a good life/future in China.

 

It seems that the aforementioned DCF couples who were denied visas probably didn't pass the "domicile" test -- to prove that your primary residence is in the US. I prepared a folder specifically for this evidence. It included an Affidavit from my father attesting to our relationship and the fact that our residence will be at his home when we arrive; a copy of my voter's registration card (showing the same address as my father); a copy of my driver's license (also same address as my father); one of my plane tickets back home and a copy of my frequent flyer's log showing all of the trips I've made back home; e-mails discussing my trips back home.

 

A.1.14.6

During the interview one spouse came to the 4th floor because the VO wanted to ask her husband about where the domicile was going to be. He had lived in China for 5 years and did not have the clearest plans on where they were going to live. He went up the the 5th floor to speak with the VO. They did not initially pass due to I-864 support requirements. He did speak to a VO later who said that proof of sufficient money in his wife bank account would be acceptable support requirements.

 

A.1.14.7

More info:

 

ITS CRUNCH TIME, Interview in 5 days!  (Apr 21, 2006)

http://candleforlove.com/forums/index.php?showtopic=17440

 

working in China for 2 1/2 years "help", I-184?&nb