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FAQ's
 
 

Frequently Asked Questions

Guangzhou Immigrant Visa Unit

I'm an American citizen who married to a Chinese national. I'm officially residing in China. Can I file a petition for my wife in China?

Please contact Citizenship and Immigration Services (CIS) in Guangzhou if you are residing in our consular district (in provinces of Guangdong, Guangxi, Fujian and Hainan) to find out if you can file an immigrant visa petition in China for your wife.

 

My petitioner is a U.S. citizen. Must he file separate petitions for his parents, spouse or children?

Yes.

 

My petitioner has filed an immigrant visa petition on my behalf and received an approval notice from the CIS. Why have I not received anything?

Once CIS approves the petition, they will send the petitioner a notice of approval, Form I-797. CIS will also forward the approved petition to the National Visa Center (NVC), which will contact the intending immigrant with further information. Then NVC will forward your petition to this office.

 

I have returned forms DS-230 part one and OF-169 and I-864 to NVC, when will you receive my file?

It's impossible to predict when NVC will forward your file to this office.

 

I'm a U.S. citizen, how can I bring my newly born baby to the U.S.? I have filed an immigrant visa petition on behalf of my wife.

You may contact our American Citizen Service if your spouse and child are residing in our consular district to see if your child is eligible to get a U.S. passport. They can be reached at 8518-7605 by phone, 3884-4410 by fax, or at Guangzhouacs@state.gov.

 

I'm a beneficiary who is pregnant. Can you expedite my application?

Due to the large number of cases backlogged we cannot expedite based on the pregnancy of the applicant, but will schedule to avoid travel around the time of birth. We have not heard of any problems arising from possible violation of China's one child policy from previous pending immigrants.

 

I missed my visa interview appointment as I did not receive my invitation packet or was unable to come. What should I do?

Please provide us with your mailing address in Chinese characters and your postal code. We will send you another invitation letter for your visa interview.

 

I'm not ready to travel, can I postpone my visa application?

Yes, but stay in touch by writing at least once per year and let us know three months before you are ready.

 

Can my case be processed faster if I hire a lawyer or a consultant for my case?

No. The speed of the procedure for any case depends on the legal qualification of this case.

 

Where can I get my notarial birth, marriage status, police certificates?

Please contact your local municipal Notary Office.

 

My child is approaching 21, but my priority date is not current. Is there any way that my child can get a visa before the age of 21?

U.S. immigration law does not allow a consular officer to issue visas to anyone whose priority date is not current. When your priority date becomes current, we will determine whether the Child Status Protection Act applies to your child or not, If eligible, your child will be able to get a visa with you once a Consular Officer approves your visa applications at your visa interview.

 

What can I do if I'm no longer interested in immigrating to the U.S.?

Your petitioner can cancel the petition with a written, notarized statement of desire to do so.

 

I'm a green card holder who has been abroad for more than one year, how can I return to the U.S.?

You should prepare the following documents:

1) Original passport, green card, re-entry permit and/or other valid identification documents.

2) An explanation in English and Chinese, explaining the reason for your overstay.

3) All evidence attesting to the reason for your overstay. For example, if a medical condition prevented you from returning to the United States, provide all relevant medical records, such as hospital records and doctor’s statements. Translate all material into English.

When you have assembled the documents required and completed form DS-117, Application to Determine Returning Resident Status, return to the Consulate any Monday to Thursday at 10:30 a.m. After paying the application fee of $400 or the equal amount of Chinese Yuan, a consular officer will interview you. At that time, the officer will only determine if you are eligible to apply for an SB-1 visa.

If the officer determines you are eligible, the consulate will send you an IV instruction packet and you must wait for a second interview. On the day of the second interview, you must pay an additional visa-processing fee of $400 or the equal amount of Chinese Yuan. Approval of the opportunity to apply for an SB-1 Visa does not guarantee the Consulate will approve your visa. A consular officer will make this decision only after he/she has conducted the second interview and reviewed all documents presented.

You must have evidence in both interviews that extreme circumstances beyond your control prevented your return to the United States. Whether or not an officer approves your application at either interview, the Consulate cannot refund either fee.

 

My visa application was denied. Where, when and how do I submit additional required documents?

Applicants asked to submit additional materials for their immigrant visa will need to schedule an appointment. Please call the U.S. Visa Information Center at 4008-872-333 within China or 86-21-3881-4611 from other countries, from 7 A.M. to 7 P.M. (Monday - Friday) and 8 A.M. to 5 P.M. (Saturday) for an appointment. Applicants must provide: names in Chinese characters and pin yin, case number, ID card number, passport number, phone number, and date of birth. There is a charge to access the Visa Information Center. Prices are 54 RMB for 12 minutes or 36 RMB for 8 minutes. The Visa Information Center charge may be paid at any CITIC Bank office or on the Internet at https://www.usavisainformation.com.cn/eng/index.aspx. Once the charge is paid, you will be given a PIN number that must be given to the Visa Information Center when you call to verify the payment. The U.S. Visa Information Call Center currently can assist callers in Mandarin, Cantonese, Taishanese, Fuzhou dialect, and English.

Please read the refusal sheet (blue sheet) for specific instructions.

Re-payment of the IV processing fee is required if evidence to overcome a refusal, i.e. 221(g), 212(a)(4), is not made within one year of the date of last refusal; this fee will be collected for all cases in which the delay is not due to US Government processing.

 

I want to hand in some forms from the Instruction Packet to your consulate. How can I do it?

You have to mail them to us.

 

What documents will be in the instruction packet and appointment packet?

The Instruction packet in Guangzhou includes:

  1. Instruction packet (Packet 3) letter in English
  2. Instruction packet (Packet 3) letter in Chinese
  3. Application for immigrant visa and alien registration (DS-230 part I)
  4. Instructions for immigrant visa applicants (OF-169)
  5. Important notice
  6. Evidence which may be presented to meet the public charge provisions of the law (OF-167)
  7. Affidavit of Support (I-864)

The Appointment packet includes:

  1. Appointment letter (packet 4) in English
  2. Appointment letter (packet 4) in Chinese
  3. Appointment instructions for immigrant visa applications (OF-171)
  4. Application for immigrant visa and alien registration (DS-230 part II)
  5. Family composition sheet (GIV-24)
  6. Medical examination instructions (GIV-8)
  7. Medical examination for immigrant or refugee applicant (DS-2053)
  8. Chest X-ray and classification worksheet (DS-3024)
  9. Vaccination documentation worksheet (DS-3025)
  10. Medical history and physical examination worksheet (DS-3026)
  11. Important notice to immigrant visa applicants concerning vaccination requirements
  12. Requirements for Immigrant Visa Application (GIV-1)

 

What documents should I bring to the visa interview?

The applicant should bring the following original documents:

  • Forms in the appointment packet

  • Chinese passport

  • Two visa photos

  • Notarial birth certificate

  • Notarial marital status certificate. If divorced before, previous divorce certificates for each marriage are required. If any child from previous marriage will also apply for visa, a divorce decree showing the child's custody is needed.

  • Notarial police certificates are required from each visa applicant aged 16 or over issued by his/her local municipal notary office where he/she has resided for at least six months since attaining the age of sixteen. Police certificates are also required from all other countries where the applicant has resided for at least one year.

  • Medical report

  • Affidavit of Support - I-864 and copies of the three most recent years' tax returns if not already submitted to NVC.

  • Relationship evidence including family photos, correspondence and household registration to prove the claimed relationship.

  • Translations: Police certificates from other countries not in English, or in the official language of the country must be accompanied by certified English translations. Translations must be certified by a competent translator and sworn to before a notary public.

 

What's the period of validity for medical reports and notarial certificates?

Notarial birth certificates, marriage certificates and divorce certificates have unlimited validity. Medical reports, notarial single certificates and police certificates are good for one year from the date of issuance.

 

What's the Child Status Protection Act?

Under this new law, children that recently turned 21 may still be eligible to apply for a visa. Please read the explanation to determine if the new law applies to your case. If you would like to apply based on the new law, please come to the Consulate with your family when they are scheduled for interview. You will be admitted to appear for the interview. You must pay the application fee before a Consular Officer will render a decision based on the new law.

If you have already appeared for interview and believe this new law applies to you, please send a letter to the Consulate requesting review of your case. Your letter should explain how the new law applies.

What’s the time frame to submit documents requested during my visa interview?

We suggest you submit them to the Consulate as soon as possible. According to Department of State guidelines, if evidence to overcome a refusal (e.g. under sections 221(g) or 212(a)(4) of the Immigration and Nationality Act) is not submitted within one year of the date of that last refusal, a re-payment of the $400.00 or the equal amount of Chinese Yuan Immigrant Visa processing fee is required.  This fee is re-collected in all cases where delays are not due to U.S. Government processing.

 

What should I do if I am asked to perform a DNA test?

At your visa interview, the Consulate may require that you take a DNA test to establish your claimed biological relationship. At that time, we will provide you this notice.

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