ForumTitleContentMemberSexCountryDate/Time
National Visa Center (Dept of State)Undocumented Children

On the DS-260 there is a question about the children the foreign spouse has and asks where those children live. If those children are living in the US without proper documentation (brought by their father many years ago) will that cause the immigration service to go after those children for deportation? One has received DACA approval, the other does not qualify. Asking for a friend.


BruceHill64925MaleBrazil2014-02-09 21:44:00
National Visa Center (Dept of State)Possible Brazilian Federal Police Strike

Just got our I-130 approved on February 6th and it is being shipped to NVC. Talked to my wife today to get the police clearance certificates and she said the Federal Police might go on strike soon. She is going to go to their office tomorrow and I hope we can get them to work on our certificate quickly but if they don't before the strike begins (if it does) then we are going to have to wait for it to end, I think she said the last time they went on strike it lasted for 84 days! Yikes!


BruceHill64925MaleBrazil2014-02-09 15:50:00
National Visa Center (Dept of State)Did I get a false checklist?

Yes, our case is complete and my wife's interview at the consulate in Rio is scheduled for June 11th - only one day before the start of the World Cup!


BruceHill64925MaleBrazil2014-05-29 13:52:00
National Visa Center (Dept of State)Did I get a false checklist?

I called the NVC today and they told me to ignore the checklist. I double verified with them to make sure they did not want me to send the stuff again and they said to ignore the emailed checklist. They said it happens often.


BruceHill64925MaleBrazil2014-05-01 16:15:00
National Visa Center (Dept of State)Did I get a false checklist?

Just received a checklist today from NVC. We had sent the AOS package and received no checklist (at least so far). Today we received a checklist for the IV package which listed  a number but not all the items which had aleady sent in the IV package. These were the items they mentioned all of which were sent: Is this a false checklist? It would seem they could not lose or not see all the ones they mention which were included with other items in the same package e.g. marriage and divorce certificates, photos, etc, since they were all together.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
______CORRESPONDENCE INSTRUCTIONS:_________________________________
When responding to the National Visa Center, please include the bar code sheet that came with this
letter. Failure to include the bar code sheet may cause a delay in the processing of your case. The bar
code sheet should be placed on top of all documents being submitted for this case and mailed to the
address provided.
______2 - PASSPORT:________________________________________________
Please submit a copy of the biographic data page of this person's
passport, including the expiration date of the passport. The
passport must be valid.
______3 - BIRTH CERTIFICATE:_______________________________________
Please submit this applicant's original, or a certified copy of the original document listed above. Each
applicant must obtain an original birth certificate issued by the official custodian of birth records in the
country of birth, showing the date and place of birth, and the parentage of the alien, based upon the
original registration of birth.
Documents must be from the appropriate issuing government authority. Failure to provide the
correct document will delay your case and may result in re-scheduling of your interview or refusal
of a visa.
The certificate must contain the following information:
?? Person's date of birth
?? Person's place of birth
?? Names of both parents, and
?? Annotation by the appropriate authority indicating that it is an extract from the official records
If the certificate is a certified copy of the original, it must come from the issuing government authority
and it must contain annotation by the issuing authority indicating that it is an extract from the official
records.
In addition to sending the original documents or certified copies of the documents to the NVC, a
photocopy of the original documents must be submitted.
Unobtainable birth certificates
If the applicant's birth record is unobtainable, please obtain a certified statement from the appropriate
government authority stating the reason that the applicant's birth record is not available. The applicant
must submit secondary evidence with the certified statement. For example:
?? A baptismal certificate that contains the date and place of birth, as well as both parents names
(providing the baptism took place shortly after birth)
?? An adoption decree for an adopted child
?? An affidavit from a close relative, preferably the applicant's mother, stating the date and place of
birth, both parents names, and the mother's maiden name
Suitability of documentation for immigration purposes
For many countries, the U.S. Department of State has established country-specific criteria for ensuring
that applicants submit documents appropriate for visa processing. Please go to our website
immigrantvisas.state.gov to determine if the U.S. Department of State has issued any country-specific
guidelines for the document requested.
All documents not in English or in the official language of the country where the visa application will be
processed must be accompanied by a certified translation. Your translation must include a statement by
the translator which includes the following:
?? Translation is accurate.
??Translator is competent to translate.
______10 - BRAZIL CIVIL POLICE CERTIFICATE:________________________
Certificates of Good Conduct (Atestados de Bons Antecedentes) related to possible violations of state
law are available to persons 18 years of age and older from the Secretaria Coordenadora de Justica e
Defesa Social in each of Brazil's states. Because each state maintains a separate database of violations of
state law, a prospective immigrant must obtain a separate record from the Secretaria Coordenadora de
Justica e Defesa Social of each state in which he or she has resided within the past five years.
For addresses or telephone numbers of Secretarias de Seguranca Publica and Delegacias de Policia
Federal an applicant may contact the immigrant visa unit of the U.S. Consulate General in Rio de Janeiro
or access the consulate?s website at: www.embaixadaamericana.org.br. Federal Certificates are also
available through the internet as are some State police certificates.
If the applicant is residing outside Brazil, it is highly unlikely that he/she will get the Police certificate
(only if he/she has someone with a power of attorney to apply on his/her behalf and if the applicant?s
Brazilian ID card was issued by the specific state from which the certificate is being requested).
______10 - BRAZIL FEDERAL POLICE CERTIFICATE:______________________
Atestados related to possible violations of federal law are available to persons 18 years of age and older
from any station (Delegacia) of the National Police (Policia Federal). Criminal records in Brazil are
expunged five years after any sentence has been served. Additionally, a prospective immigrant must
obtain a record from the Policia Federal, since state police records do not include violations of federal
law.
 

BruceHill64925MaleBrazil2014-04-30 23:44:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsLooks like we may finally be getting some media attention

Fantastic to finally see our problem reach at least one media outlet!! I posted a link on my Facebook profile, all the rest of us here should do the same in addition to posting a link on other places we frequent on the internet.


BruceHill64925MaleBrazil2013-11-26 18:22:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsSick of the USCIS and Their Policies? They want to hear about it

Voted.


BruceHill64925MaleBrazil2014-01-15 16:16:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNEED HELP

We did the same thing. What will happen when you fill out the D-260 is that they will require you put the name on your passport. The visa must be issued in the name you have on the passport regardless of how you filled out the I-130, just put that name on the D-260 as one of the "other names" you have used. When you arrive in the US you have some choices - you can legally change your name (court fees), then file for a change of name on your 'Green" card - $450 I think...or you can wait until you go for citizenship and legally change your name for free at that time. One is money, the other is time. In the meantime, however, you can get your SSN in your married name by showing your marriage license, the same thing is true with your drivers license, credit cards, etc. But the name on the green card won't change until you do one or the other of the two things above.


BruceHill64925MaleBrazil2014-05-19 20:34:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsI-130 MARCH 2013 FILERS!! NBC

I am a May filer reading this thread. I am ONLY over 350,000 after that number !!! LOL


BruceHill64925MaleBrazil2013-10-25 16:44:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

For whatever it is worth. I figured that we would never hear from them close to the 60 day mark and lo and behold on the morning of the 61st day we got an approval notice. Hang in there as tough as it may be.


BruceHill64925MaleBrazil2014-02-06 22:08:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

Good luck to you!!!


BruceHill64925MaleBrazil2014-02-06 14:51:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

Good luck to you!!!


BruceHill64925MaleBrazil2014-02-06 14:51:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

Our PD was May 3, Transferred to NSC on December 5th. Approved on February 6th. Glad to finally be able to move to the next step.

 

Good luck to all of you. It took us 9 months and 1 day to get to this point. No RFE either. I had not sent my wife's birth certificate and I noticed some people got an RFE for that even though it is not requested on the I-130 instructions.


BruceHill64925MaleBrazil2014-02-06 11:45:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

Just received a text message that our I-130 was approved this morning!!! 61st day after transfer!!! Glad we can move to the next step!!


BruceHill64925MaleBrazil2014-02-06 09:48:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

The 5th of February will be the end of our 60 days. Somehow I don't think they will be living up to what they said they would do since most people seem to have nothing happen. However, hopefully we are getting closer! It does hurt when I see a K-1 filer get approved in 26 days! They are working on files, but the priorities don't make sense to me at least. Ahh, why should they? We are dealing with the USCIS.


BruceHill64925MaleBrazil2014-01-30 19:37:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

We are still waiting for action on our I-130 which was transferred on December 5th. I noticed today that the average time quoted on the USCIS website is 8.7 months. Just out of curiosity, I checked the timeline for a permanent resident petitioning for their spouse - 5 months!! It really is strange that permanent residents are processed faster than US citizens. Nothing about this process makes sense. Ok, not meaning to vent, just find the prioritization out of whack.


Edited by BruceHill64925, 20 January 2014 - 09:02 AM.

BruceHill64925MaleBrazil2014-01-20 09:01:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

Corlitoa, you asked if those of us who received a transfer were expedited. Nope not us, we are just plain vanilla filers.


BruceHill64925MaleBrazil2013-12-09 22:08:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

Just got the hard copy of our transfer letter. Our petition has been transferred to the Nebraska Service Center.


BruceHill64925MaleBrazil2013-12-09 17:04:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

Today's text from USCIS

The I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN was transferred and is now being processed at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.


BruceHill64925MaleBrazil2013-12-06 16:24:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

I just received a text message saying our case has been transferred to another office. We have a May 3rd priority date. Maybe we will see something in the next few weeks!


BruceHill64925MaleBrazil2013-12-04 19:05:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

For whatever it is worth, I just posted this on my Facebook wall. Not going to have any impact I doubt, but it made me feel better.

 

I want to bring to your attention an issue which most of you are not aware and possibly have little interest, but is of significance to me. I also realize there is controversy regarding immigration, mostly focused on ILLEGAL immigration. As you may know, I married a wonderful gal from Brazil in late January of this year. We are following the exact required process for her LEGAL immigration. This requires that we file the necessary documents (paying a rather large fee) and then for her to return to her home country while this paperwork is processed. At the time we filed those documents, the average processing time for this type LEGAL immigration was 5.5 months for adjudication of the our petition followed by about  a few months of additional processing culminating in an interview at the US consulate in Rio de Janeiro.

So far so good, but---

Last year O'Bama approved something called DACA or Deferred Action for Childhood Arrivals Process (often called The Dream Act) This allows for children under certain circumstances who were brought here or stayed here illegally to receive provisional legal status. Depending our your opinion you may or may not agree with this policy, but I support it. However this caused the USCIS (US Citizenship and Immigration Service) to process hundreds of thousands of new petitions for legal status.

Furthermore, in March of this year another process (I-601A) which allows for petitions of spouses who reside here illegally who had married American citizens to apply for a waiver to adjust their status (these individuals normally could be deported and have a three to ten year ban on re-entering the country depending how long they were here illegally) This has resulted in tens of thousands of petitions to take advantage of this new policy. You may or may not agree with this policy, but I support it so that families are not broken apart.

The problem I have is with the priorities of processing these petitions. 1.)The USCIS and the O'Bama administration has politically decided to process the DACA applications as quickly as possible. 2.)The USCIS makes no prioritization differentiation between the petitions filed by individuals following the correct LEGAL process to bring their spouse here and those who are applying for a spouses who are here illegally (which means these illegal spouses can remain in the country while their petition is being adjudicated while those whose spouses are not illegal cannot live here while their petitions are being reviewed)

Because of these prioritization decisions, the USCIS has effectively chosen to put the processing of ILLEGAL immigrant petitions ahead of those who are LEGAL. This has resulted in a massive back load of petitions (from 200,000 in May to over 400,00 now) for approval of people who are not illegal which has more than doubled the time frame for their approval since May. In fact, the USCIS will not even give a reliable estimate or even ball park estimates for their approval and continue to consciously provide misinformation. It is interesting to note, that they continue to also prioritize petitions for alien fiancees (people who American citizens who want to marry) ahead of those who are already married (perhaps because the total fees are tripled).

So the bottom line is that people who are following the LEGAL process have been put at the very back of the line and also behind those who want to get married ahead of those who already are. The approval time for fiancee visas has remained unchanged, but for folks like me and my wife, it has changed a lot. Seems unfair as well as backward to me.












BruceHill64925MaleBrazil2013-10-20 10:21:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

 

11 months is still extremely long just for the NOA2. I'm not happy about this at all....

Absolutely correct 11 months is extremely long, but it was 16.6. The next time they change I think it will continue to get shorter. If Overland Park was not processing as of Aug 31st, then their processing is not appearing in the estimate. So once it is, the projected and actual time should continue to decrease.


BruceHill64925MaleBrazil2013-10-16 18:40:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

Hi All, I check here everyday most of the threads, but do not comment since there has not really been anything to say. However noting that two things about the USCIS timeline are very encouraging:

 

First they finally added a drop down for NBC which is an improvement showing that NBC is apparently actually processing things. Second the movement of the expected time from 16.6 months to 11. Certainly is in the right direction, but more importantly it more of less demonstrates that the time estimate must be based on the petitions in process divided by the current processing level. Please also note that as of today the date shown is "as of Aug. 31". This means to me that the pace of processing is steadily improving particularly since we have been under the impression that the Overland Park facility was not to start until the beginning of the new fiscal year which was after August 31.

 

Here is my prediction which is as good as the money you are paying for it (as you are not paying for it, it might not be worth anything!):

 

My prediction is that we will see significant improvement of processing times reflected on the USCIS site and also in the number approved since the direction is correct. Now I am not saying the approvals will be anywhere as fast as we would like, but I think we will see a noticeable improvement.

 

One other observation I have is that we frequently refer to the approval rate as indicated from the timelines here on VJ. Looking at a significant number of the couples who have profiles, a lot of the profiles which show as still unapproved are from people who have not visited VJ in a long time. This means that not only are we a fairly small subset of all the visa petitions, many and I mean a lot of VJers do not come back to update their initial timelines ever or on a timely basis which creates an even greater appearance of lack of approvals. Yes, the things are slow and approvals seem to be given out of time and numerical order. No question about that, but it might be that things start going faster than we have expected. Not as fast as we would like, and not as fast as they should, but maybe not as bad as we have thought.

 

Anyhow, I take things as they come and it gives me reason to be somewhat optimistic.

 

Just my two cents (actually less than that!!)


BruceHill64925MaleBrazil2013-10-16 18:23:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

 

Yes after a certain number of days they force you to reset your password, happened to me last week too (for the second time).

Thanks to the several of you who posted answers for my question. I was finally able to get in to the site by changing my password. Still nothing but "Initial Review". But I guess i feel better that I can at least see that.

 

Made plans and reservations to go see my wife in Brazil for Christmas and New Year's. I originally had hoped she would have a shot to come near the end of the year, but that sure looks like it has a snowball's chance in H*ll of happening. Well, she's studying for the Brazilian Bar exam now so she's busy with that and she can't take the second part until about February so she wouldn't have been able to come here to live permanently until after that anyway.

 

Thanks for the help. This is my second go around with this process. I brought a gal from Brazil here on a K-1 years ago, unfortunately that marriage only lasted 6 1/2 years.


BruceHill64925MaleBrazil2013-10-06 22:41:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

I tried to check my USCIS account last night (not that I expect a change, but I try to check frequently) and then again just now. I was not able to sign on and the message was that there were too many unsuccessful attempts so my account was locked. I did not have any unsuccessful attempts. I have always been able to log on with no problem. There didn't seem to be any way to resolve the issue, so I tried to see if changing my password would work. I went through the personal security questions with no problem and got to the point of inserting a new password. When I did so, the message appeared that I could not change my password since my log-in information could not be found.

 

Anybody else have this problem? Anywhere I can go for technical help from them?


BruceHill64925MaleBrazil2013-10-05 17:22:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers
Thanks, I looked and it was Overland Park, KS.
BruceHill64925MaleBrazil2013-09-01 01:23:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

I see a lot of people talking about being transferred to a local field office. Frankly I do not know where my file actually is. The only communication we received was our NOA1 which said NBC and our case number starts with MSC. So you guys are probably a lot more knowledgeable than I am. There is a lot of talk about being transferred to a local field office. I am not sure which "local" office we would be transferred to if that were the case. We live on the eastern bank of the Hudson River so "as the crow flies" we are only a few miles from Manhattan, but we do live in the state of New Jersey and Newark is about 20 miles away. So question 1 is would a file with a May 3rd priority date have been transferred to a local field office? If so, how is the local field office determined? Ok, sorry to be asking questions with no answers, but any info would be appreciated.

 

I guess all of us are just twiddling our fingers or crossing them as the case may be!!


BruceHill64925MaleBrazil2013-08-30 22:05:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers
Just adding our name to the list of May filers. Our priority date is May 3rd. Just like the rest of you, we haven't heard anything. I am just hoping to hear something by November or December - but who knows. Not us that's for sure.

Edited by BruceHill64925, 29 August 2013 - 10:17 PM.

BruceHill64925MaleBrazil2013-08-29 22:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarrying while on Tourist Visa
My girlfriend entered the US on a valid tourist visa and plans to stay for 5 months. We intend to marry while she is here and we are currently living together here. Can we begin the process for a CR-1 while she is here after we marry, or do we need to wait until she returns to Brazil to begin the process? We have no intention to have her overstay her tourist visa and fully realize that she would need to return to Brazil to await approval. The question really is can we begin the process now, or must we wait. I am a US citizen and she is Brazilian.

Thanks for your advice.
BruceHill64925MaleBrazil2013-01-12 09:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarried Name
Thanks so much for your advice. One of the complicating factors is that I was married before to a Brazilian woman for about 6 years. (I brought her on a fiancee visa and we divorced) It is my understanding that if you were married before to a Brazilian national that the Brazilian government has additional requirements. My prior Brazilian wife never registered our marriage in Brazil however. This may make it more time consuming for my new Brazilian wife to change her hame, particularly since I do not know my prior wife's address. She became an American citizen and lives in the US not in Brazil.
BruceHill64925MaleBrazil2013-04-11 14:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarried Name
I am about to file an application for a CR-1. I married my wife in January here in the US and she is on a valid tourist visa now. She will be returning to Brazil at the end of May which is well within her allowed stay to await the immigration process. She would like to use my name, but she has not yet had the opportunity to change her name officially in Brazil since she has not been home yet. She intends to do that when she returns to Brazil. We would like to use her new married name (My last name) on the I-130 application and showing her maiden name as other names used (which matches her passport and other documents). Can we do that? She really wants to use my last name right away.

Also in proving a valid marriage of course we have the marriage certificate, but we do not have some of the other documents suggested like leases in joint name or bank accounts, etc. We are intending on using the sworn statements of many of our friends and associates. Should I try to add her name to my US bank account as a joint account holder? I am not sure that can be done if she does not have a social security number.

Any advice would be appreciated.

Bruce
BruceHill64925MaleBrazil2013-04-11 13:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarried Name or Maiden Name
I married my wife in the US and she will soon return to Brazil (she was on a valid tourist visa and there will be no overstay) We have added her to my bank account and obtained credit cards (authorized user on my accounts) We added her to those accounts with her new married name so our proof of a bonafide marriage will be in her married name. She has not yet changed her name on her Brazilian passport which contains a 5 year tourist visa to the US.. It is our intention to show her married name on the I-30 with her maiden name as a prior name used. That ok?
BruceHill64925MaleBrazil2013-04-25 12:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCertified documents or copies of original
I know I must submit copies of prior divorces with my application, but I am a little unclear whether I must initially submit the original, court certified copies with the application or copies of the originals. It probably is a simple answer, but advice would be appreciated.

Thanks,

Bruce
BruceHill64925MaleBrazil2013-04-25 11:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Question

In 2006 I sponsored a person on a K-1 visa and filled out an I-864 for her of course. We were married for a little more than 6 years. During the course of our marriage she became an American citizen. We were legally divorced last year. I am now married to another person who I am applying for a CR-1 visa now. At some point I will be asked to fill out another form I-864 for her. I notice I am asked if I ever filled out another I-864 for someone else which of course I did. However now that the old wife became a US citizen, do I need to list her on the new I-864? As a citizen, I would think she no longer is covered by the old agreement, particularly when it was not brought during our divorce proceedings. (By the way, in the divorce I am not required to provide any alimony or support to her)

 

Thanks for your guidance.


BruceHill64925MaleBrazil2013-04-28 16:08:00