biggish data

Filing I-130 for Spouses Child

I understand that I have to file separate I-130 forms for my wife and her child. The question is what do I include in the Childs I-130? The checklist says to include the payment, cover letter, I-130 form, G-325 forms for me and the child along with passport type photos. Do I have to include my marriage certificate to her mother, my divorse decree and evidence of a bona fide marriage since this is already included in the mother's I-130?

Thanks,
Tony

In addition to all the above documents add:

Submit a copy of the child's birth certificate showing both parents' names and your marriage certificate.

If your petition is based on a stepparentstepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child's natural parent showing that the marriage occured before the child's 18th birthday, and copies of documents showing that any prior marriages were legally terminated.

Loto

Edited by LotOfPatience, 13 September 2010 - 08:14 PM.

LotofPatience

Male

India

2010-09-13 20:11:00

And sorry what is RFE? im trying to get use to the diff jargon in this never ending story!!

RFE is Request For additional Evidence.

If your original I-130 submission lacks any documents or incomplete forms, USCIS will send a letter to provide them. So, be perfect in the initial submission of I-130.

Loto

LotofPatience

Male

India

2010-09-13 19:11:00

Thanks again you've been a great help! we have already got a co-sponsor as he does not meet the requirements money-wise, we were originally meant to be applying for the AOS but have recently been advised not too

Then you are all set.

Don't go for AOS. It is risky in your case!

Loto

LotofPatience

Male

India

2010-09-13 19:07:00

Oh you welcome, inline responses!

Loto

Thanks alot for your help i can see from your case that you have alot more experience in this. Do you think he would be able to apply for the i130 here in the us and then come over to the uk for 3-6 months? That's absolutely possible. Only catch here is, later at NVC stage, the petitioner (your hubby) has to execute an Affidavit of Support (I-864). His income needs to be above the poverty line set in I-864P. I hope he earns good income. Then it is fine. Otherwise, he will have to find out a joint sponsor later.

he wouldnt be allowed to stay any longer in the UK then 6 months..as we have a apartment etc in the us so we are going to be paying double rent as it is! like you said the main thing is were together..its all we want and even though i am going back it would be so much easier if we could apply here..but i also dont want to jeopardize our future by getting denied.

Also, since he has an apartment in the U.S, it would be helpful to prove him U.S domicile.

Somebody should monitor the mails since USCIS will send Receipt Notice in about 2 to 3 weeks after filing I-130. Then Approval notice in about 4 to 6 months time. Also if there is any RFE (hope not), the petitioner has to respond to the USCIS as well.

Edited by LotOfPatience, 13 September 2010 - 06:59 PM.

LotofPatience

Male

India

2010-09-13 18:56:00

so he would have to stay in the UK for 6 months to be able to even start the process off a i130? We really want to do it asap ..any tips!

In your case both DCF and filing in the U.S will take the same time.

DCF - 6 months wait + 1 to 2 months I-130 approval + 1 to 2 months for Consulate Interview
USCIS filing - 6 months wait for I-130 approval + 1 to 2 months for NVC + 1 to 2 months for Consulate Interview

The benefit in DCF is you can have every day and night with your hubby!

There is no other short cut.

Loto

LotofPatience

Male

India

2010-09-13 18:31:00

Don't overstay. Leave the U.S before the visa expiry.

If your husband is in U.K for at least, yes, he can file the petition at U.K as Direct Consular Filing, which is far faster than filing in the U.S.

Loto

Sorry I forgot to complete my sentence - If your husband is in U.K for at least 6 months, yes, DCF is an option for you.

Loto

LotofPatience

Male

India

2010-09-13 18:19:00

Hi I have a few questions if anyone can help.....when applying for a spousal visa (i am uk and my husband is USA) how long does it take? I know i will have to return to the uk..is he able to come and file the i130 there with me? If i had overstayed this time by 5 months would that make a differnce to our application..i was always going to leave the us, as i have commitments over there such as a house i am renting out and then eventually selling. I ask this question as i know the 180 days is not up so i hope it has not stopped our chances off being together that is all we want!! too have a family and be together !!

Don't overstay. Leave the U.S before the visa expiry.

If your husband is in U.K for at least, yes, he can file the petition at U.K as Direct Consular Filing, which is far faster than filing in the U.S.

Loto

LotofPatience

Male

India

2010-09-13 17:55:00

DS 230 civil documents

Hi,
Once I submit the original doucments to NVC along with the DS230.
Original marriage certificate.
Original police certificate.
Original birth certificate of my spouse (beneficiary).

Are they,NVC, going to return the original documents to me (sponsor) here in the US or are they going to mail the documents to the US counsulate in India where my spouse will be going for the interview. I am bit concerned in mailing the original documents.

Thanks

NVC will forward the originals to the Consulate and the beneficiary will collect them after the interview.

A summary of the process: http://www.visajourn...p/EZGuideSpouse

Loto

Edited by LotOfPatience, 12 September 2010 - 04:27 PM.

LotofPatience

Male

India

2010-09-12 16:25:00

Thanks a lot everybody for your input!!

Art,

Anyway I am taking vacation (I need to complete some business matter as well) to India during my wife's interview. Since we have an infant, I will have to go with her to the Consulate (which is far away from our homes), may be I'll be waiting in the lounge over there with the baby. If she gets the visa, we all will come back to the U.S together.

Loto

Edited by LotOfPatience, 13 September 2010 - 09:10 PM.

LotofPatience

Male

India

2010-09-13 21:09:00

I have got email response from Chennai U.S consulate. They allow only applicant to enter inside for interview. I am not allowed.

Loto

LotofPatience

Male

India

2010-09-13 09:34:00

Art,

I have just sent an email to our Consulate if I can also get inside wih her during her interview time. I'll update you.

Loto

LotofPatience

Male

India

2010-09-12 19:31:00

Some consulate will allow and some will not.

Check with your consulate if it is allowed. If yes, it is good to prove 'bona fide relationship' again.

Loto

LotofPatience

Male

India

2010-09-12 18:48:00

Affidavit of Support confusion

Hi, I have received the Affidavit of support bill and DS-3032 for my wifes I-130 case. I have paid the bill and sent the DS-3032. I have also printed the 'Document cover sheet' Should I wait for NVC to send me the AOS form, or I should just print one from the internet, fill it and send to them.
Thank you all. VisaJourney is being a great help.

A proactive guide for you: http://www.visajourn...p/EZGuideSpouse

Loto

LotofPatience

Male

India

2010-09-13 10:11:00

AOS questions

yes, poverty guide line that i need to meet for myself and my husband is 18212 dollars

Here is the math. You told your BIL has a houshold of 5 (including your husband) and he earns $48K. So, you are all set. 125% Poverty line threshold for a size of 5 is $32,237.

Loto

Edited by LotOfPatience, 14 September 2010 - 09:50 AM.

LotofPatience

Male

India

2010-09-14 09:49:00

Unique Situation

Thanks for the response.

So, despite having lived in Australia most of my life I am still expected to lodge US tax returns each year? Seems strange. I guess I just lodge it full of zeros. haha.

Also, if my wife does stay for 3 years and apply for citizenship is there a certain amount of time during the 3 years she must have spent in the U.S.? I know in the U.K. you have to have spent 90% of the time in the U.K. in order to apply for citizenship.

Will she have to give up her Australian citizenship if she pursues U.S. citizenship?

Cheers

Australia introduced dual citizenship since 4 April 2002.

Regarding U.S tax filing - Generally if your Gross income is less than $18,700 (for the year 2009 and MFJ), you may NOT need to file U.S taxes. You know the reason why? Standrard deduction and 2 persons (MFJ) personal exemptions will offset the income and the taxable income will become zero.

Simple math: Your gross income as MFJ - $18,700
Less Standard Deduction - $11,400
Less Personal Exemption - 2 * $3,650
Taxable Income - $0

Tha amount $18,700 will be different for different years and different filing status.

Having said this, it is a good practise to file U.S taxes if you need to refer it for anything in the future.

Loto

LotofPatience

Male

India

2010-09-14 10:12:00

I-864A Help

Inline response.

Loto

Hello all, I know this seems silly, but I actually have the same question as the OP. I am a USC petitioning for my wife and have filled out form i-864. I am using my father as a sponsor, so he is filling out form i-864a.

I had thought that my father's name was needed on both parts 2 and 3 of form i-864a. But according to the information in this post, it should be as follows:

Part 2: Sponsor's promise:

13. I, the sponsor, (my name) ,....
14. (my signature)

Part 3: Household Member's promise:

15. I, the Household Member, (my father's name) ,....
16. (my father's signature)

This is correct? YES

Also, I was under the impression that these signatures don't need to be notarized or signed in front of the officer, is this correct? Thanks in advance, and sorry again for the repeat question. Notarization is not needed any more.

LotofPatience

Male

India

2010-09-14 09:42:00

Plz help filling Affidavit of Support

Inline responses.

Loto

Hi, 2 questions to all Great and Anxious people in VJ:

1. I am filling AOS for my wife's I-130. Last year (2009) my income was about $40k and currently have the same job as last year. But previous 2 years, due to being out of country my income was about $15k each year. Does NVC consider only recent past year or they actually consider all three years?
You are ok. 2009 and 2010 income is well above the poverty line. So, you show your earning potential progressively. You need to provide your employment letter and all paystubs of 2010 for a solid ground to overcome your situation.

2. If I am the only one sponsoring for my wife, I need to file I-864EZ right? Not I-864? You may use I-864EZ

Thank you all in advance. And Good Luck everyone.

LotofPatience

Male

India

2010-09-14 10:24:00

GREEN CARD

i just arrived here in USA as CR1.i already receive my SS # card but my green card hasn't arrived yet..i remember giving my papers at immigration at the airport then signing a paper then they gave me back my passport with stamp of my status and validity of stay ,for how long do I have to wit for green card

Normally 30 days after POE, waiting upto 60 days are also ok for some cases.

Loto

LotofPatience

Male

India

2010-09-14 11:37:00

Past 6 months for I 130.

I will leave it to John

Loto

LotofPatience

Male

India

2010-09-14 13:38:00

CR1 instead of IR1 Stamp

so - no telephone calling?

no talking to an ISO?

OK !

My hope for you, that day, was that you'd make those calls, that day, and an ISO could get it sorted prior to the actual 'drop it in the mail date' by 'holding the card' and then 'reprinting the card' for you. It takes some effort though, to get that done, over the phone, and timing is important, as well.

Now that you've got the card in hand, that timing is lost.

You'll need to write a cover letter to explain 'why IR/1' now, and in the payment block on the form - write 'FEE EXEMPT - USCIS ERROR'.

Good Luck !

LotofPatience

Male

India

2010-09-14 13:08:00

What would you do if you were me?

well hopefully if you contact someone something can be done.....

If you don't contact someone, something cannot be done and it will take some months to complete the process and this some wait will be painful.

Loto

LotofPatience

Male

India

2010-09-08 17:58:00

What would you do if you were me?

Here are answers, Hossam!

Loto

Hey guys

Its 8 months now since my NOA1 , For sure after 6 months were up and no response my wife have made inquiries to see why my case is taking long , They said that they are only waiting for the background check so they can make a decision and it takes up to 180 days,in July they've sent me another NOA called Replacement receipt and it says that USCIS confirms me that they received my case O.O !!! They just received my case?????.anyways in the first of Augest my wife have contacted her Congressman and he and said that he believes that its taking too long and he is making inquiries for us and will let us know if they heard anything.....10 days after ....Congressman didn't hear anything from USCIS...20 more days....they still didn't hear anything and if they heard anything they will let us know.its been a month now.

My questions are,

1-How long does it take for Congressman to respond to USCIS?
Less than 1 week

2-Should we contact the senator ?
Yes

3-Can my lawyer do anything?
At this point, I don't think so.

4-Can my wife meet someone there or make "infopass" appointment ?
Good idea

5-Its about 50 days since they told me to wait 180 days for background check ,How long do you think its gonna take for a response ?
It is unpredictable

6- What would you do if you were me guys?
On top of this, I would have contacted CIS Ombudsman as well. http://www.dhs.gov/files/programs/editorial_0497.shtm

Any advice will be Appreciated.

Thanks a lot in advance .

Sam

LotofPatience

Male

India

2010-09-08 15:09:00

CR1 Passport needed?

lol hey thanks for you support ..... i be happy in a tin hut at the moment... we havnt seen each other for a year now ...... keep in touch

Good luck Goldy and file I-130 as soon as possible and join us in the waiting game!

Again if he wants (of course with the passport), he can visit you (beauty) in Scotland during the waiting period.

Loto

LotofPatience

Male

India

2010-09-14 17:40:00

CR1 Passport needed?

oh wow thank you ...... the thought of another few months waiting nearly killed me lol x x x this stuff is really scary

I saved one step for you - dealing with DOS to get his passport :star:

You bascially saved 4 weeks normal process and 2 weeks premium process of the U.S passport :star:

However, it is a good idea for him to get his passport if he wants to see the 'beauty' of Scotland!

Loto

Edited by LotOfPatience, 14 September 2010 - 05:31 PM.

LotofPatience

Male

India

2010-09-14 17:30:00

CR1 Passport needed?

Hi

i was just going through our I130 papers. Is it necessary for my US husband to have a passport? We have his birth certificate. Its just that he dosnt have one. Oh man these took ages to fill out .... dont tell me we need to wait for his passport now ..............

Birth Certificate of USC is enough to prove the U.S citizenship.

There is a pocket guide for you at my signature below. You may not be tired by reading it :star:

Loto

LotofPatience

Male

India

2010-09-14 17:17:00

What if you are 1day late to VFS office?

I think this will help.. Thank u very much for your responds

I already submitted all my documents to Nvc.. Do I have to submit all the copies again to vfs?

If you have copies of them, you can show it to VFS. Otherwise tell them it is with NVC.

VFS needs the below:
Visa interview appointment letter
Applicant’s original passport
Applicant’s photographs
Their courier fee and get the receipt. This is needed at the Consulate.
Carry entire file to VFS as well, just in case

Good luck!
Loto

LotofPatience

Male

India

2010-09-14 18:56:00

What if you are 1day late to VFS office?

Hello I know that you have to submit documents and pay carrier fee to vfs office 10 days before or no later than 7days before the interview date. My question is what if you are late 1 day to vfs office in india Mumbai? Whould they accept it or do I loose an interview date? Please help..

It is upto VFS.

Loto

LotofPatience

Male

India

2010-09-14 16:55:00

Interview Confirmation

Thanks Loto. A little differnt topic. I have submitted everything to NVC & their letter suggest that everything is received. I was planning to have my family take only papers related to Bona Fide Marriage proof at the consulate. Reading some posts today, it seems like people take photocopies of things submitted to NVC & almost everything else related. I was surprised to note that but looks like that's what people recommend just incase papers did not get to consulate etc.

Thanks & Best Regards.

Bring entire pictures, wedding album, chat, phone, email history, kid's birth certificate and all other details to the Consulate. You never know what CO is asking. Literally take the entire file to the interview.

Loto

LotofPatience

Male

India

2010-09-14 22:08:00

Interview Confirmation

It is not necessary. It may not do any bad as well.

Loto

LotofPatience

Male

India

2010-09-14 21:49:00

photocopy of passport (color/Black and white)

I just tried to copy my wife's German passport and the scanner put a bunch of black thick lines over some of the data fields. Her name, DOB, and signature are visible but everything else such as passport number is covered in a thick black line. Is this some security feature to prevent counterfitters? It didn't happen with her old passport. Anyone have any experience on this? I'm going to ask her to try a different copier just to be sure.

Adjust the copier contrast to brightness.

Loto

LotofPatience

Male

India

2010-09-15 10:01:00

October Interview

CASE COMPLETED AUG 25TH...MY APPOINTMENT IS OCTOBER 27 AT BARBADOS EMBASSY

Congratulations!

OBX

Female

Canada

2010-09-09 09:33:00

Do you have extra time? Yes, then read it!

OBX, I didn't know that

USCIS then forgot us last time, we got only a page welcome letter

Loto

Maybe they will send you two this time to make up for it.

(BTW your new photo is adorable.)

OBX

Female

Canada

2010-09-09 17:16:00

Do you have extra time? Yes, then read it!

This is definitely a time killer, and useful to new immigrants.

http://www.uscis.gov...ments/M-618.pdf

It discusses anything until Naturalization.

Loto

Once you arrive in the US you will get your very own copy in your courtesy welcome package! :lol:

OBX

Female

Canada

2010-09-09 17:06:00

Copy of Naturalization Certificate

We submitted a copy of my husband's certificate and had no issues.

OBX

Female

Canada

2010-09-12 19:33:00

Moving after POE and before receiving GC

1) Inform the officer at POE
2) Hold at current post office

USCIS mails will NOT be forwarded. Even at my previous address (apartment), they didn't deliver the NOA1, 2 years back since my name was not written on the post box. I called USCIS many times to send another NOA1 and finally they did.

Loto

OBX

Female

Canada

2010-09-12 19:46:00

SO excited!

Congratulations! Section "C" problems seem to be quite an issue for filers lately. Glad to hear you are on your way. Good luck!

You can begin reviewing NVC procedures, start gathering up your documents, make sure all of your vaccinations are up to date.
NVC Shortcuts
NVC
Panel Phycians

OBX

Female

Canada

2010-09-12 19:44:00

photocopy of passport (color/Black and white)

Hello All,

I am just sending my packet of forms of DS-203 (I think - don't have the form name at hand) as the final part of my immigration process. My wife is sending her Affadavit of support.

One of the things I am required to send is a photocopy of my passport page. However every shop I went to today in London said it is illegal to make color photocopies of a passport. So I only have a black and white.

Is this acceptable to the NVC?

-Mike

I believe you are talking about the DS-230.

All of the photocopies we sent to NVC were black and white and we had no issues at all. Good luck!

OBX

Female

Canada

2010-07-23 12:46:00

Continuation Form and Employer Address

The I-130's instructions say that, "If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and date and sign each sheet." I'm typing the continuation form for my husband's G-325A and it doesn't have item numbers. Instead I used a footer (because I will be using the 2-hole punch at the top) and titled it "Beneficiary Biographic Information G-325A". I am also typing the question out and answering it exactly how it is on the form except I am unable to fit it in a column. Is this enough for the continuation sheet?

I also noticed that I wrote my husband's job down using their English name (it is an international company), but he wrote it on his G-325A in Turkish. Is this ok or should I use the Turkish name or the English name instead of using both names for the I-130 packet?

Whatever in G-325A must be in English.

On the Continuation sheet, you can print beneficiary's full name, DOB and if any A# applicable, followed by the question# and answer. It would be preferable to sign and date the continuation sheet. Also, write a short note in the last row of the respective question# - "See attached as a continuation of the answer", something like that.

Loto

LotofPatience

Male

India

2010-09-03 16:10:00

What address should a freelance writer put down?

The I-130 wants to know my employer's address. Should I put their main address down or should I write my home address? I work from home, so I am a bit confused on what I should write down. Thanks!

I figure it out you are an independent consultant kind of. I would rather put the client address.

Loto

LotofPatience

Male

India

2010-09-03 16:43:00