Filing IR-1 outside US

[DudeMcPersonMan]

I live in Shenzhen, China and my wife also lives here. I want to file for the IR-1 but I am afraid that it may take longer filing from outside the US. The embassy that has USCIS is about 3 hours train ride away as well. Should I just go back home while my wife finishes her working contract and file from inside the US or would it not make much of a difference where I filed?

[Capstone]

I live in Shenzhen, China and my wife also lives here. I want to file for the IR-1 but I am afraid that it may take longer filing from outside the US. The embassy that has USCIS is about 3 hours train ride away as well. Should I just go back home while my wife finishes her working contract and file from inside the US or would it not make much of a difference where I filed?

You will definitely save a lot of time if you can DCF from China. I take it that you have maintained residence in China for at least the past 6 months and have a valid residence permit (not just a tourist visa)? You can DCF from the Consulate in Guangzhou which is fairly close to Shenzhen - I have taken the train from HK to Guangzhou several times and it takes about 2 hours - not too bad of a ride. I recommend that you check out www.candleforlove.com which is a site dedicated to the immigration of Chinese fiancees & spouses - there are a number of posters there who have DCF'd from China and can give you some really good insight. Good Luck.

[Researcher]

  Here is some info that might be helpful:

                      http://www.visajourney.com/content/dcf


   Researcher

[Ray]

Dude,

Generally, you will save processing time if you can use the DCF method.

However, keep in mind that you will have to establish domicile in the US before she can get a visa and possibly before they will accept your I-864 Affidavit of Support. This usually means that you will need a US residence and employment with a minimum qualifying income. So, I would figure on returning to the States ahead of your wife anyway if you don’t already have permanent employment and domicile established.

I know of one individual living overseas who filed the DCF and her visa was held up until he returned to the US, established domicile, and provided evidence of steady employment for a minimum of 3 months. The bottom line…he didn’t save any time in the long run by filing overseas.

Contact the US consulate over there directly to check eligibility rules and filing details.

Ray

[Capstone]

Dude,

As Ray mentioned proof of domicile in the US is something that you will need to deal with if you file DCF but Guangzhou is pretty lenient about this if you have been living & working in China for a while - they know that most people may not be able to have a job and/or place to live in the US all lined up prior to returning - they are more concerned with your intent to reestablish US domicile. Here is a link to a good thread that discusses this subject - pay close attention to the poster Kyle contributions who DCF'd without having a residence or job in the US lined up:  http://candleforlove.com/forums/index.php?showtopic=42910

Guangzhou are sticklers about the residency requirements in China though - that is why I had asked in my first post if you had been living in China for at least 6 months and had a valid residency permit - GUZ does not allow someone who has been in China for 6 months on a tourist visa without a residence permit to DCF. I went back and read your prior posts and it appears as though that you are currently teaching in China which means that you probably have a Z work visa and a valid residence permit which is cool.

But I also see that your wife is a Filipina and not Chinese which may throw a wrinkle or two into things. She will also need to be a legal resident of China with the correct resident permit, etc. You indicated that the school where she works took away her passport? If true she will need to get that back before you can file for DCF because you will need to present both your passports and resident permits when you file the DCF paperwork.

[DudeMcPersonMan]

I have a house in the US. I have it established as my domicile.

Capstone, I do have a Z visa as well as my wife but there is one huge problem. I am not sure if the thing is legal or even real. I would guess it's real since I go to HK all the time but the school procured it for me. I found out later they used the "money under the table" method to get it and I have heard of some co-workers being interrogated at the border and not being let back into the PRC side. Now my contract runs out in October of this year but my wife's contract remains until August of next year, so we are not in an extreme rush as we both need to finish our contract or they won't give us our employment record or money owed  *Cough*blackmail*Cough*. I called the embassy and they were pretty stiff on employment so I will try what was in the link you sent, thanks for that.

Ray,
As I said to Capstone they were pretty insistent about the job back home. If they tell some people that they want you to be employed three months in advance than that is something I should keep in mind when filing. Thanks Ray.