ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - March 2013

It seriously boggles me how anyone, anyone can think that filing single is legal when you are LEGALLY MARRIED. It does NOT matter where on Earth (or where in the solar system) the spouse is. ONE IS STILL LEGALLY MARRIED. These tax accountants that suggest filing single while married should all be fired.


I wasn't clear on this myself, however I filed using Married filling separately and entered NRA (non-resident-alien) where my wife's ITIN would go if she had one. On the instructions for Form 1040 page 13 it says, "If your spouse does not have and is not required to have an SSN or ITIN, enter "NRA." This applied to us since she had no income, is not a US citizen, or an LPR. I am hoping this was correct.
ImmigrationReformMaleNepal2013-03-10 01:01:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - March 2013

I am new to the thread .

Can i email my hubbys ds3032 from my email ???


He has to email it from his own account since it is a document that the Beneficiary fills out and sends, not the Petitioner.

Edited by ImmigrationReform, 08 March 2013 - 12:25 PM.

ImmigrationReformMaleNepal2013-03-08 12:24:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - March 2013

I agree - I am not going to email second request with "supervisor review" until i finish my timeframe of 2 weeks....it just aint right!!


Good for you! Don't, it's a selfish and indecent act. What was I thinking. Posted Image
ImmigrationReformMaleNepal2013-03-08 10:24:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - March 2013
P.S. Look at my signature/timeline
ImmigrationReformMaleNepal2013-03-08 05:19:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - March 2013

Hey there !
We just get our NVC number and the IIN and we gave our email addresses to the operator.
Just to make sure :
Now we can send the "choice of agent" by email ? using the template of course
What else should we do ?
Thanks for your help.


You might as well wait for 48 hours to send the DS-3032 email. Then send it using "Supervisor Review-your case number-beneficiary's last name, first and initial" in the subject line. Using "Supervisor Review" my email was replied to in 4 hours! But if you email your DS-3032 before they generate/email your AOS Fee Bill they won't accept it, it's just a waste of everyone's time. I tried to send the DS-3032 before I was emailed the AOS Fee Bill and it was ignored/rejected three times.
ImmigrationReformMaleNepal2013-03-08 05:17:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - March 2013
Confusing and cryptic response to our emailed DS-3032:

We entered the immigrant visa petition mentioned in your letter into our computer system and assigned a case number. The petitioner, principal applicant, and/or attorney of record will receive instructions regarding further processing of this petition.

The body of my DS-3032 was attached to that reply.
Would have rather read something like, "We can cannot accept your DS-3032 at this time"
Has anyone thought of cataloging these responses and there meanings? Possibly another wiki is in order.

Will call NVC now and see what they have to say, late here.

Edited by ImmigrationReform, 07 March 2013 - 01:47 PM.

ImmigrationReformMaleNepal2013-03-07 13:42:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - March 2013
Gee, it's sure quiet during the day on this forum. Kinda spoooky…
ImmigrationReformMaleNepal2013-03-07 01:25:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - March 2013

*Saylin, lower case
And there's a question/answer about this on post 2. I'd recommend sending it again, just like Roosha suggested.


Saylin,


I did send the DS-3032 as an email again with "Supervisor Review" in the subject line. I got the same response as before:


"We are unable to add third party contact information to the case record at this time…"

Two responses in one day, via email. Very fast and efficient. I am thinking we all should let a day or two pass before sending in DS-3032 email using "Supervisor Review". Maybe send it in without "Supervisor Review" in the subject line first as that will put it in the three or four day email queue. Reason being "Supervisor Review" seems to be the only avenue for people who are seriously delayed. Unnecessarily flooding NVC agents we are further delaying others who may have serious issues with lost or very late paperwork, etc.. I just got our case number and I sent in the DS-3032 - I almost felt guilty taking up their time considering the workload they must have. If they can't do anything why encumber them with more work. Still, after hearing two agents tell me to wait 30-45 days for it to come in the mail to our mountain in Nepal - I feel a little less guilty. Posted Image
I also wanted to try out my Shiny New NVC case number on the DOS website. This is what I found. The AOS was listed under my name as "Not Invoiced" and while there was a spot for the IV info too, my wife's name was not there and neither was there a checkbox or invoice status of any kind - that must happen once/after the DS-3032 is generated. Later in the day I tried to login to the DOS website and I got the infamous "RED BOX". I can only guess our case is being updated and we aren't allowed access during that process.

So, Saylin what do you think? Lessons learned? Don't send an email the same day you get your case number using "Supervisor Review" you will only be rejected and take time away from other cases and that slows us all down. Wait at least a day or until your DOS webpage shows the beneficiary's name under IV? You have far more experience. I defer.
ImmigrationReformMaleNepal2013-03-07 01:08:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - March 2013
Roosha & SayLin,

Roosha, you are just ahead of me in this process. I am guessing a week. So, if you don't mind, I will be asking another question. I did send the DS-3032 as an email and in a four hours I got a response:

Dear Sir/Madam:
The National Visa Center (NVC) received your inquiry regarding the immigrant visa petition: KDUXXXXXXXXXX filed by ME on behalf of HER.
We are unable to add third party contact information to the case record at this time. Please continue to notify the NVC of any change in the petitioner's or principal applicant's address.
This petition is now eligible for further processing. The petitioner, principal applicant, and/or attorney of record will receive an instruction package regarding further processing of this petition.

According to SayLin, in a post from last year, this is what you get when you email your DS-3032 too soon. Should I wait a few days or just send it in again in 24 hours. What does "eligible for further processing" mean if they won't accept our emailed DS-3032? I don't want to annoy these people. Posted Image But I really want to get all of this paperwork out of the house so I can think about something else for a month.

Roosha, congrats on your progress.

Yes def ignore that! Use the template and also if you can scan and attach the actual form DS-3032 and send the email. You should get an email accepting your choice of agent in about a week. Always ignore NVC operators and their timelines!

Also, make sure you add both yours and your wife's email addresses!


Edited by ImmigrationReform, 06 March 2013 - 01:04 PM.

ImmigrationReformMaleNepal2013-03-06 13:02:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - March 2013
Roosha,

I called again and the operator asked me if I wanted to add an email address. I did. Then he said to wait until we received our DS-3032 in the mail, 30-45 business days - yikes, before doing anything else. Guess I should ignore that and send it in now as an email, right? That's what I am going to do.

John

Call back in the morning, they should have taken your emails and also verified your address and your wife's address on the same phone call! NVC operators :bonk: You're right, the email needs to be associated with the case before you can move forward with processing.


ImmigrationReformMaleNepal2013-03-06 08:01:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - March 2013
Am I the only one?

Called today and was so happy to finally get our NVC case number, Invoice ID, and Beneficiary ID. But when I tried to give them our email addresses they said they couldn't attach anything at this point because the case number had just been created. He suggested I send an email with our email addresses. What do you think? Email or call back in the morning? Also, it seems pointless to send the DS-3032 via email if they can't even attach our email addresses to the case yet.

Comments anyone?

Still we're very happy just to have our case number and things are moving. I've been calling everyday for two weeks straight.Posted Image

Edited by ImmigrationReform, 06 March 2013 - 02:23 AM.

ImmigrationReformMaleNepal2013-03-06 02:18:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - April 2013

It feels so weird not to worry about the visa process anymore! :rofl: :bonk:
I'm happy and relieved and remember feeling like we'd never see the light at the end of the tunnel and, all of a sudden, it's done and we made it.

I'd like to say a huge (F) THANK YOU (F) to the "VJ community" for their help and support. Being able to be here and share our stories really made a big difference as I was navigating through all the steps.

Good luck to everyone!


Congratulations!
ImmigrationReformMaleNepal2013-04-15 08:50:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - April 2013
My wife's visa was issued today. Very happy.Posted Image We'll be going in tomorrow morning to pick it up. Only one person allowed to go in.
MePosted Image
Wife Posted Image
Son Posted Image
Daughter Posted Image
ImmigrationReformMaleNepal2013-04-15 05:26:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - April 2013

Just an FYI for long time VJ users. NVC does open your mail the day it arrives in the mail room and rubber stamp it with the date it arrived. We received our files back from NVC with the DS-230 stamped on every page.

Forgot to say that when I called after my case was expedited and sent to the embassy leaving my DS-230 and civil documents orphaned at NVC the operators kept telling me they hadn't received my IV packet yet. Supervisors were only aware that it was there because I convinced them it was by saying I had tracked it as received on the 18th. Yes, they have a serious problem with keeping track of stuff after it arrives in the mail room and before it's pulled from the "shelf" of cases. Thank the Booble, I only need to go through this process once.Posted Image
Posted Image

ImmigrationReformMaleNepal2013-04-14 22:56:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - April 2013
Just an FYI for long time VJ users. NVC does open your mail the day it arrives in the mail room and rubber stamp it with the date it arrived. We received our files back from NVC with the DS-230 stamped on every page.
ImmigrationReformMaleNepal2013-04-14 06:45:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - April 2013

Our visa approved!!!!!


Posted Image
ImmigrationReformMaleNepal2013-04-08 06:43:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - April 2013

It seems the READY on the site comes once the casefile gets to embassy and they do whatever or NVC does whatever. I guess that's when NVC says Phew we are done. Now you Ready. LOL


Haven't been able to get online. I am not sure this is correct. I think Ready comes once they have finished entering your packets. My case showed Ready one day before it arrived at the embassy. It was Ready the same day they found/reviewed my orphaned IV packet and discovered that the rest of the case was sent the previous Friday.Posted Image
ImmigrationReformMaleNepal2013-04-06 21:19:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - April 2013

Get another supervisor. That stuff can be sent on, if a supervisor or three makes it happen. OTOH, attend the interview with as much stuff as you have on the 9th, then go into 221g/AP status, until the rest of the casefile shows up.

It sounds like you not bring up what I wrote, with a Supervisor. It pays to do that™, so please, do that.


Thank you for your advise. I did send an email to the embassy last night, they'll get it this morning. I told them that the file was still at NVC and it was unlikely they could get it to the embassy before April 9th, but they were going to try. I asked if it was possible for them to "pull everything from SAFEFILE". Honestly, I don't know what that means so I had no idea how to phrase it. Anyway, I suggested that they might want to reschedule our interview for later the same week in anticipation of our DS-230 and civil documents arriving from NVC on Tue or Wed. We'll see what they say. I am also going to call NVC tonight, I was told to talk with the supervisors on first shift again and not speak to the second shift supervisors as it would just confuse things/people at the NVC. So, it's all up in the air again when I thought we were on the ground and running. Thanks again Darnell, you were the first to get me started on this forum and I still appreciate that.
ImmigrationReformMaleNepal2013-04-04 22:46:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - April 2013

you need a supervisor on this one... you need to know exactly what date the casefile left nvc.
not what date it was bundled up in the mailroom with the other casefiles,
not the schedule for normal shipping to Nepal,
but
the actual date it left NVC.

If it's still there at NVC today, IMO, will be best that you get exact replicas (including new original docs) of all IV and AOS stuff, prepared before the 9th. That's what that blurb in the email from the IV unit was about... Also, remind anyone at Nepal IV that they can actually use the SAFEFILE version of the casefile, remind them to pull everything out of SAFEFILE (but still present the IV and AOS to them) .

Is quite possible that IV and AOS hasn't been scanned into SAFEFILE yet, but the I-130 set IS scanned into safefile already , so when asking the IV unit to pull the SAFEFILE record, bear that in mind, aye?

Go Get Em !


They have everything but the DS-230 and the original documents we sent with it and of course photocopies. Impossible to get duplicate originals before the 9th in Nepal. That will take a month.
NVC advises pushing back our interview date and waiting for them to send the IV packet. Spoke with a supervisor who is going to pursue sending it directly to the embassy (after I raised my voice slightly). I have to call again tomorrow to see what they are going to do and how quickly they can do it. I have photocopies of everything here and we can print out a new DS-230.

ImmigrationReformMaleNepal2013-04-04 13:00:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - April 2013
I am losing my marbles. Posted Image Now NVC says they are going to return our IV packet (that should have gone with the expedited case to Embassy) to me and not the embassy. It's still sitting there at NVC. They opened it up on April 1. Shouldn't whoever opened our IV packet and punched the case into the computer have seen that the case was expedited/gone and shipped it immediately to the embassy?

Looks like we will have to push our interview date back. I am really hoping that DHL doesn't lose our IV packet and Originals in the mail. That would truly be a disaster, as of now it's just a major headache.

Edited by ImmigrationReform, 04 April 2013 - 10:10 AM.

ImmigrationReformMaleNepal2013-04-04 10:06:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - April 2013
Was looking good until I found out today that NVC never sent our IV packet with original documents with our case to the embassy. The embassy is telling me to call NVC and straighten it out! On hold now with NVC. So upsetting because I was assured it would be sent with our case on three separate phone calls.Posted Image
ImmigrationReformMaleNepal2013-04-04 09:42:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - April 2013
We received our interview appointment. I'd like to share the whole story but's kind of a rant so I'll post it on the Rant Thread. I am so burned out…
ImmigrationReformMaleNepal2013-04-04 00:31:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - April 2013

Guys, I paid my AOS and IV bills on the 29th of March and they are still in process!! I am little concerned now, cause I am planning on sending my packages tomorrow by over night mail! Should I wait till it shows paid, cause that won't be a good thing if they get it and it's still not paid! :S


I replied to your post the day you received your Fee Bills and paid them. I suggested that you send them in immediately with their respective "Cover Sheet". No sense in waiting to show as paid. If there is an issue with your payment you will just pay again the correct way,,, right?Posted Image
ImmigrationReformMaleNepal2013-04-02 04:51:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - April 2013

Just called NVC...

2 good news :-)
- They received the IV packet and it is in "final review" (not sure what that means but surely close I guess)
- My expedite request has been accepted! (I guess the embassy will contact us to set the interview date, right???)

Seeing the light at the end of the tunnel... thanks to all here and especially the ones who go above and beyond.


Posted Image
ImmigrationReformMaleNepal2013-04-01 21:50:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - April 2013

whats the address that i have to send the ds-3032 i already send it through email but im going to send it through regular mail just in case :unsure:


Posted Image
ImmigrationReformMaleNepal2013-04-01 14:57:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - April 2013

What does BIN stand for?


Beneficiary Identification Number. Although I have no idea what it's for because we never were asked for it or used it on any of our forms.
ImmigrationReformMaleNepal2013-04-01 14:34:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsNVC Filers - April 2013
I already have an idea of how to proceed but wanted to run it by more knowledgable people.Posted Image
I checked my case again on the DOS portal and now it says it's Ready. Has a "Status Updated Date" of April 1. Hope it's not a joke?

Your case is ready for your interview when scheduled at the U.S. Consular section. If you have already scheduled an appointment for an interview, please prepare your documents as directed in your appointment letter and appear at the consulate on the appointed date and time. Otherwise, please wait until you have been notified of your interview appointment.



We have not received a confirmation of our expedite, not sure it matters. We have not been "notified" of our interview appointment, I know it would be too soon.

DHL tracking shows our file is in Kathmandu and will be delivered tomorrow, which is Tuesday the 2nd. I have made an appointment to speak with a consular on Wednesday. Hopefully they will be helpful and we can arrange an interview right there. I will ask about potential conflicts with having the interview before the medical (the medical people are jammed until our appointment date on the 9th). I will also ask about whether they will need 2012 tax returns from our joint-sponsor if the interview date is after the 15th. If they require more documents after the 15th I am hoping we can fit an interview in after the 9th and before the 15th.

This has been an interesting process. Now it's time to see how the embassy handles their part of it. I am hoping with grace.

Just for fun I called DOS tonight to see what they had to say. I think the guy was watching TV and eating a pizza. He was more confused and lost than I am.Posted Image

Edited by ImmigrationReform, 01 April 2013 - 02:19 PM.

ImmigrationReformMaleNepal2013-04-01 14:18:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsJanuary 2013 I-130 Filers

Hello everybody,

I am new here and glad I found the forum because I have some questions :)
We sent our petition to the Chicago lockbox on January 24th and received a receipt number (MSC) on the 28th by email. The email said we´d get any paper with the receipt number after 5 to 10 days but never got it. Also I don´t know where to find out how long it takes till we received the NOA2.
We were told that our case was forwarded to a center in Missouri on the 21st of February.
Our check has not been cashed yet and the expedite processing (deployment) that we asked for has not been approved as well although we were told we´d get an answer within 5 days. it´s been 5 Weeks ever since we requested it and nothing happened?! We only got the answer that they have too much to do.
Should our check be cashed by now? Is it normal that the expedite request takes so long?
So many questions :)


Hi, I am not sure there is a normal when it comes to immigration process. I have heard that cases were being moved around to different centers and that this would delay them. It seems you should have an answer by now for your expedite request. DId you email that or did you send it in with your petition. You might contact USCIS and using your MSC number ask who to re-send your expedite request to - a supervisor possibly since it's been so long. The NOA2 isn't essential as long as you have your MSC number once your case gets to the NVC you can use that to check progress and sign up for email communication instead of snail-mail. Check hasn't been cashed… that's very odd since you have a case number. You might double check on that.
ImmigrationReformMaleNepal2013-03-13 00:46:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsJanuary 2013 I-130 Filers

Me too. I'm beyond the 45 day mark (NOA1 dated 1/14/13) and I'm still not able to check status online. Some have posted on this forum that there case number was available online within days others have stated that it took longer than the 45 days or never even showed up online. :( I stopped checking for it.


I wasn't able to check until they had already approved my case! Then a few days later it was mailed off to the NVC. You might call USCIS and see what the status is.
ImmigrationReformMaleNepal2013-03-08 03:00:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsJanuary 2013 I-130 Filers

Finally recieved the NOA 2 which was approved on 1 st of march . Now whats the next step for me ....

Thanks


I am also applying for IR-1 visa for my wife. I am a little ahead of you so if you have any questions ask me.

Now your Case should be sent by USCIS to the Department of State/NVC. The NVC process can go slowly or quickly depending somewhat on your level of effort. Meanwhile prepare your paperwork! Affidavit of Support (I-864) and supporting documents; Beneficiary's DS-230 and supporting documents. Because, once you get your case number from NVC things can go very quickly and if you aren't prepared you will be slowing your case down.

NVC will receive your I-130 from USCIS and then a week or two will go by before you are given an NVC Case Number. One week after they have received your case start calling the NVC with your USCIS case number handy. One day they will ask you what the name and DOB of the Beneficiary and Petitioner are - that's how you'll know they have entered your case, and will be giving you your NVC case number on that call. Very Important - on that same call give them the petitioners and beneficiary's email address! After doing that they will email you all correspondence and you will get through the NVC process a lot quicker. There is more but this will get you through the next three weeks.

Search the Wiki here for LingChe NVC ShortCut - this will explain the entire process - this is good!
Also review the process of sending the Beneficiary's DS-3032 as an email. You will do this after you have an NVC case number and after they have billed you for the AOS via email (register your email with NVC-Call every day-if you register your email within a day or two of them creating your case number you will also get DS-3032 via email and not snail-mail)

Finally recieved the NOA 2 which was approved on 1 st of march . Now whats the next step for me ....

Thanks


Oh, come to the March group for IR-1 filers. That's where I hang out.
ImmigrationReformMaleNepal2013-03-08 02:56:00
K-1 Fiance(e) Visa Case Filing and Progress Reportshow long does it takes for the USCIS to grant expedite?

You will need a copy of the NOA2 Approval for the adjustment of status. Call USCIS and find out.
For the OP, if you do not have an NOA2 by now, your expedite was not approved. Expedited petitions are usually approved within a week. If it is not approved you hear nothing.

What was the basis for your request?


This may depend on when you submit your expedite request. I emailed mine after my case was nearly finished at NVC. I received an email after requesting an expedite specifically stating that I would receive confirmation via email. Mine has taken longer than a work week - five days - it hasn't been approved or denied,,,,,, yet. If I can remember I will update this thread on how long it took mine to be approved/denied.
ImmigrationReformMaleNepal2013-03-22 22:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPetitioner and Beneficiary living together overseas
Roosha,

I think if you had a family member go to the school for you it could get done. Just explain your situation and ask what you can do to make it happen. I sent in our children's grades and immunization records plus their SSA numbers. If you have social security number for your son, I don't see why you couldn't fill out a school registration form? Maybe each state has it's own requirements.

How did you manage to register your kids? I'm jealous, our county won't register my son until we're physically there :angry: <_<

I agree about the DCF, I've been overseas for the past 8 years, it just makes more sense for the embassy here to process my case, they "know" us better anyway with all the paperwork and procedures (passport renewals, CRBA, etc) I've had to do through them!


ImmigrationReformMaleNepal2013-02-28 01:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPetitioner and Beneficiary living together overseas
Dreamwarrior,

Thank you for your advice. One question which I can not find a clear answer for: my wife and I were considering choosing my mother as the agent on DS-3032 only because she has a US mailing address. Is this wise? I have read that once/if the case gets to the Embassy they might send all correspondence to whomever you have chosen as agent, even if the petitioner and beneficiary both live in-country. That would obviously slow this process down.

We are going to submit our email address as soon as we get our NVC case number (I've been calling every day - 9 days straight) and also send the DS-3032 as an email. After registering for correspondence via email, does anyone know if the NVC still sends snail mail? Some people say that they do, and others say, "no, they won't." If they don't, then I don't have any reason to use my mother's mailing address on DS-3032, do I? If they do send snail mail some of it will eventually come to or remote village, and be opened by who knows who, after we have moved. I really don't want people here having access to that information.

We've already registered our children for school this fall in the US and would like them to have some time to adjust to life in the US first.

Moaning and complaining - I really think that people who have been married eight years shouldn't have their paperwork sent to the NVC. Direct Consular Filing should be an option after the I-130 is approved, especially if both husband and wife are living overseas. That's what I was led to believe when speaking with the consular? apparently that's not the case.

John

You can email your DS-3032 after NVC has received your case. Read the links above. USCIS/NVC will contact you through e-mail for everything (in addition to snail mail) so there's no need to wait for snail mail.


Edited by ImmigrationReform, 27 February 2013 - 10:10 AM.

ImmigrationReformMaleNepal2013-02-27 10:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPetitioner and Beneficiary living together overseas
Darnell,

Thank you for clearing this up. Ever since I spoke with the US Embassy Consular (before we started this process) I have been laboring under this false impression of their usefulness, thus my continued confusion. It seems that calling on any of the government offices for information is counter productive at this point. This is not the way it was before the 2011 shakeup; in 2011 I actually had a long and productive conversation with a consular officer. At that time she advised me to get moving on my wife's immigration visa before the switch.

so yer paying that 88 dollar fee.


ImmigrationReformMaleNepal2013-02-17 03:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPetitioner and Beneficiary living together overseas
Hi all,

Thank you all for your help… really. Without this group who would have a clue.

Will we need a document scanner if we opt-in to email communication with NVC?

I have more than one question… I have read on Form I-864 that when filling affidavit of support overseas there is no $88 fee. However, what I have read on VJ seems to suggest that I have to pay the AOS fee bill before NVC will ship the case to the Embassy. Which of course suggests we have to pay $88 because you have to pay first. I thought with Consular Processing the I-864 and DS-230 were given to the Consular at the embassy along with supporting documents, etc.. for processing?

Before I started this process I went to the US Embassy. I was told at the embassy that they no longer processed the I-130, but they didn't tell me they no longer process any of the DOS documents. Does Consular Processing even exist anymore?

My head is spinning.
ImmigrationReformMaleNepal2013-02-16 09:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPetitioner and Beneficiary living together overseas
Hi,


I don't think we need to file Adjustment of Status (AOS) because she will be coming to the US with me after she gets her Visa packet from the consular at the embassy. She is not coming on a K visa (non-immigrant visa) she is coming on an immigrant visa, therefore no adjustment of status. I thought that consular processing was automatic if the petitioner and the beneficiary were living overseas and applied from overseas.

What does IV stand for. Can't find a page here for acronyms.

I am curious how do I give NVC my email address for all future correspondence? Do they have a website similar to USCIS where we can track the progress of our case?

Thanks Roosha!

Good news is that once you have your case number and you've given email addresses to the NVC all correspondence will be by email so don't worry about changing your address. Start getting together your IV and AOS packages to send them to NVC, and make sure you have a joint sponsor if your income is not from a US source.

Good Luck! I'm also a USC filing from overseas, would be happy to help with any other questions!


ImmigrationReformMaleNepal2013-02-15 05:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPetitioner and Beneficiary living together overseas
I was told this is the easiest type of immigration visa but I am not finding it so because we seem to have a case that doesn't fit in an "immigration channel." I have called USCIS/NVC/DOS/Embassy - No Help. Married and living overseas with "Alien" wife and two children with CRIBA and US passports for seven years now. We want to move to US. Wife needs IR-1 visa.


In retrospect I should have asked when filling out our I-130 what address to use, a useful mailing address or our actual village address. It said "Home Address" on the form so I filled it out as accurately as I could. Mail doesn't get delivered to the mountains of Nepal in 30 days, not even in 60 days. Most often it never shows up. Being naive I used our actual village address when it asked for our home address. I guess in most cases the petitioner lives in the US or they both come to the US on a K visa and get it done in the US.

Ironic thing is,,, we do have internet.

Our I-130 was approved and shipped to the Department of State and no I-797c has arrive in the mail. In fact our I-130 was approved before they even registered the case number in case status online. The only reason I even knew our case number was because I filled a G-1145 E-notification. The case was registered in case status the same day they approved it and it was shipped two days later to DOS. I had no time to contact USCIS and ask what address they were sending correspondence to. Now I have contacted them and they say they don't have access to the case because it was shipped to DOS. DOS hasn't received it yet so can't take any action on it.

I am concerned that I won't be notified in a timely manner, or at all, if they continue to snail mail me all correspondence. How can in interrupt this process and get them to mail correspondence to the US Embassy in Nepal or if not there to another mailable address. Can I request courier delivery like FedEx? Or, I have heard that you can "expedite" the process which essentially puts the case in the hands of the US Embassy instead of the DOS/NVC.

The DOS website explains that I can't assign an agent until they send us, IN THE MAIL, a form DS-3032. DOS even acknowledges that sending mail overseas is time consuming, inefficient and unreliable and then they go on to say you should wait to get DS-3032 in the mail,,,,, what?!

Next question. Isn't this supposed to be handled via consular processing. Why was it shipped to the DOS/NVC?

Any help or suggestions. I have looked around but most stuff relates to the standard scenarios: US Citizen/Spouse brings fiancé to US or US Citizen/Spouse in US while wife waits overseas.

Edited by ImmigrationReform, 15 February 2013 - 03:59 AM.

ImmigrationReformMaleNepal2013-02-15 03:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy wife was not denied but told maybe have to file i601

Honestly, dealing with this embassy I would just do as they say, as trying to prove to them that they're wrong is like throwing rocks at the moon.


Immigration Law is complicated, it's not so much trying to prove someone is wrong as it is trying to make sure we understand where we stand under the law. For something this complicated hire an attorney. If you don't have the money for that do as the Embassy says since consulars are given sole authority under the law to adjudicate your case.

From Adjudicator's Field Manual:


10.15 Exercise of Discretion; Uniformity of Decisions.


Although all types of adjudications involve proper application of laws and regulations, a few also involve an exercise of discretion: adjustment of status under section 245 of the Act, change of status under section 248 of the Act and various waivers of inadmissibility are all discretionary applications, requiring both an application of law and a consideration of the specific facts relevant to the case.

Speak with a lawyer.
ImmigrationReformMaleNepal2013-03-10 03:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAnother tax question - from someone whose never paid it.

Hi all, this is my first post here to ask a question about sending in your US tax files when you are applying for a spouses visa. My husband is the US citizen, from Puerto Rico originally. He left for overseas when he was young and travelled around the world, met me in Europe, and we have been living in my home country of New Zealand for the last 12 years.Until we started to look at living back in PR he didn't realise that US citizens living outside of the US were still required to file a US tax return. Since he never worked in the US or PR, only here, he has never filed a tax return in the US. in PR they don't even pay federal tax because of they are not a state. Anyway we contacted the IRS but only got an automated reply sending us a tax form to download. He wouldn't owe them any taxes since he has never earned over the cap, but are scared we may be stung by non-filing fines. Should we just file for the last three years and hope for the best or is there some other solution that someone may know of?


I was in a similar situation. This is what I did. I sent in the last three years of taxes. Since I was married for those three years I filed a 1040 as "married filing separately". I used "NRA" in place of a SSN for my wife. I filled out the forms. I did have some income but not enough to collect taxes on. I then sent a cover letter explaining that, "while I haven't had to file because my income was below the taxable amount" I was sending in the last three tax returns to "Establish a filed tax return record with the IRS in connection with a Immigrant Petition I have filed with the State Department."

As far as tracking what happens,,,, I have no idea. I did find that my returns were received at the IRS. Also, my Affidavit of Support packet was accepted at the NVC. I had to find a joint sponsor for my wife.
ImmigrationReformMaleNepal2013-03-26 01:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuicker I-130 Approval?
I appreciate that the OP wants to help others. I only filed an I-130 and we were approved in 27 days (NOA1-NOA2). There is another thread on this site where an ex-uscis adjudicator talks about the process. It actually only takes 15 minutes or so to adjudicate your case. But there are background checks and other checks and some people with common names like, John Smith, might get a "hit" on the background checks. It just has to do with Odds. The more people who have a name like yours the greater the chance that one is a criminal. It's little things like that.

Edited by ImmigrationReform, 02 April 2013 - 08:37 AM.

ImmigrationReformMaleNepal2013-04-02 08:32:00