ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Affidavit of Support some questions

hi all

can you please tell some things about I-864 Affidavit of Support Form :


1. Who needs that form after it is filled out by me ? Me (petitioner) or my wife (currently in europe)?
NVC for their review and they will forward to the beneficiary's Consulate

2. Reading trough guide step by step i understand that I-864 form my wife takes with her to US ambassy, am i right?
No. She can take a copy of it just in case. So, you need to take 2 full set copies.
First full set copy + originals to NVC. Second full set copy to your beneficiary.

2. After reading guide i understand they send I 864 to my wife?? So she needs to send it back to me by mail ,right? or i can download it from net and then send it to her after filling it out?
I-864 is "completely" petitioner's form to complete and sign.

4. I worked in 2007,2008 and 2009 and made good money. In my bank account i have over 100.000$. But last 4 months im without job. Will that be enough? Or i will need co-sponsor?
You should be all set. Include all available paystubs in 2010 if you wish.

What's the current rate of return of your big lump sum? :star:
Loto

THANK YOU


LotofPatienceMaleIndia2010-08-30 11:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNo NOIR/NOID notice from USCIS after 4.5months???
Good luck to both of you!

What a pain of waiting such a long! This system has to be more streamlined!

Loto
LotofPatienceMaleIndia2010-08-30 15:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresConfused about sending forms after application.

After completing and sending the initial package of forms, proofs, documentation for a IR-1, CR-1 Spousal Visa application for my Kenyan Wife. I am confused as to the subsequent forms that are requested..are they sent to me, the U.S. Citizen in the USA, or to my Wife in Kenya? I know for a fiancee visa the foreign fiancee gets a "packet" from the local to her US Consulate/Embassy, and I would have to send my proof of income to her to submit along with her medical at the interview. But what about the IR-1, CR-1 Spousal Visa, does she not get a packet local to her? Do I get everything, and then have to send things to her to fill out? The guide here is just not clear to me.


A good read for you: http://www.visajourn..._live_in_the_US

Loto
LotofPatienceMaleIndia2010-08-30 15:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBeneficiary Change of Address
Bobby, inline responses!

Loto

My situation is that I have already submitted the I864 package. On the I864 package I wrote the beneficiary's old address into the questions regarding beneficiary address.

After submitting the I864 package, my beneficiary moved, and since I have not yet submitted the DS230 package to the NVC I want to make sure all interested parties are updated correctly with the beneficiary's new address.

I have read through the threads regarding this and am not sure about all the points below:

1) Will placing the beneficiary's new address into the DS-230 in and of itself be sufficient for letting the NVC and the Embassy know my beneficiary has a new address?
Yes

2) Should I also contact the NVC separately to let them know explicitly of my beneficiary's change of address ?
If you already completed DS-3032 stage, NVC notification is not needed. They will use the address from DS-230.

3) Should I also contact the Embassy separately to let them know explicitly of my beneficiary's change of address ?
No, At the time of interview, she can explain it to the officer.

4) When going to the VFS to make payment, etc - should we follow up and inquire about what address they have on file ?
When you fill the address for passport delivery, fill the correct one.

5) Is there any need to also contact the USCIS (DHS) to let them know my beneficiary's change of address ?
Not needed. After she comes to the U.S, she will fill AR-11 for any change of address after the U.S entry.

6) On the day of the interview should we make sure which address the Embassy has on file again ?
Yes, and let the officer know it.

7) Indian passports print the address in the last page of the passport. My wife has moved, but she is literally in the same neighborhood in Delhi that she was living in previously. Is there any need to update the address on the last page of the passport - will there be any questions about this ?
Not at all.


LotofPatienceMaleIndia2010-08-29 17:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy i received my noa today
TandM, Magdasal's link has excellent solution for you. Please follow it.

Loto
LotofPatienceMaleIndia2010-08-29 21:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy i received my noa today

Thanks that is helpful but i still dont know what to put for address since she really dont have one :(


Write something closer to her home. USCIS is not going to send any mails to her. Only NVC and Consulate do the correspondence to the beneficiary. During NVC stage, you can give the right address. Now your priority is to overcome this USCIS bureaucratic process.

Loto
LotofPatienceMaleIndia2010-08-29 21:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy i received my noa today

So is ok if i mail back with the fixes but should i write a new check the scheck i sent had stamp on front of it and on back is number i have been told that is the case number would that still be a case number even though they have not aproved it i notice they have put line through 2 of those numbers that are on the side of my documents one is on the one they want the address should redo it?


Write a new check and include a copy of NOA1. That way they will have some cross reference and you won't lose your priority date too.

Loto
LotofPatienceMaleIndia2010-08-29 20:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy i received my noa today
Writing by pen to complete the missing address is ok.

If they have not crossed anything out such as on check or form etc., you may use the same. Include a copy of NOA1 also, keep the original NOA1 with you.

Loto


LotofPatienceMaleIndia2010-08-29 19:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresThis is old news, but interesting!

Loto, you are thinking of a new green card already? hehehe I don't look that far, NOA2 is in my dreams LOL Posted Image


:lol:
LotofPatienceMaleIndia2010-08-29 10:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresThis is old news, but interesting!
New format of the Green card:

http://www.uscis.gov...00045f3d6a1RCRD

Loto
LotofPatienceMaleIndia2010-08-28 21:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNOA2 Receive. what will be next???

I am new in this forum. I just received NOA2 for my wife today, i wonder what will i have to do next? waiting for NVC assign case number?? or call them???


Congratulations :dance: :dance: :dance:

Another March filers' NOA2!

You will need to call them after few days to make sure your NVC Case# is assigned. Follow Ling Che shortcut.

Loto
LotofPatienceMaleIndia2010-08-30 15:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresService Request?

Someone explain this whole priority dates thing in regards to USCIS. I don't understand it at all. I thought priority date was a Department of State and a VISA thing, not an USCIS thing.


Indigo,

Priority date is the date when the USCIS receives your initial application by mail. They follow "First Come First Served" manner all the applications based on this priority date unless there is any special processing such as expedite etc. I-130 petitions by USC is categorized under immediate relative of USC and the beneficiary does not need to wait for visa number available, because visa number is already available for this category when I-130 is approved and these visa numbers are numercially unlimited. However, the process is based on FCFS. For FCFS, they use Priority Date.

Applications such as I-130 (family based), I-140 (employment based) are the step to make visa number available to the applicant/beneficiary.

Why some people are getting approvals faster in the same visa category are:
1) No RFE
2) Faster background check clearance
3) Speed of handling adjudicators
4) Service Center
And many other factors...

Loto

Edited by LotOfPatience, 30 August 2010 - 05:24 PM.

LotofPatienceMaleIndia2010-08-30 17:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresService Request?

waht? I thought you got the electronic notification with the 2nd filing, that G-1145 form, as well.

you are saying they lost the 2nd filing ?

waht ?


No Darnell.

Rumba wants to tie up his old priority date with this new submission. I gave him some suggestions by PM. Just a try!

Loto
LotofPatienceMaleIndia2010-08-30 16:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresService Request?

Hello Guys,

I just got off the phone with USCIS.. Given the dubious circumstances of my original I-130 petition rejection ( i received a rejection notice saying incomplete Address C and an email from Lockbox support stating forms were erroneously rejected)... It dawned on me that USCIS has no way to verify conflicting information!!!

I hope I am jumping to conclusions because this is alarming!

When I spoke with the USCIS Rep (A nice person.. I dont envy their job), they stated that I could file a service request (Loto's advice as well)which would go to the service center where the request would be considered. Since USCIS only has my resubmitted App, I'd hate to slow down my application even further...Am I right in believing that I have 0 chance to get my priority date readjusted to last month?


Rumba, it should not slow down the process. But you need some proof to show them during the correspondence, such as their letter, your canceled check or mailing proof etc.

There is no assurance here, but a try.

Loto

Edited by LotOfPatience, 30 August 2010 - 03:11 PM.

LotofPatienceMaleIndia2010-08-30 15:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStupid Question Time!

LotofPatience and OBX- thanks! That is a relief. I was panicking a little there! Thanks for the encouraging words. I too just discovered VJ and wish I had done so much earlier... Lots of good tips from lots of good people :)


You welcome Gnc! No need to worry about on that detail :thumbs:

Loto
LotofPatienceMaleIndia2010-08-31 02:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStupid Question Time!

Wouldn't the answer be B) Status as Permanent Resident? Please clarify if any of you know why you should put I130 instead, because we answered B when we submitted way back in March, and if this is holding it up I want to rectify asap!


Petitioner G-325A - Other & I-130
Beneficiary G-325A - Some people put "Other & I-130", I put last time and this time "Status as Permanent Resident" (and had no issues)

Loto
LotofPatienceMaleIndia2010-08-30 07:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStupid Question Time!

I think you finally had all of your questions answered except this one :)






Posted Image


:lol: :lol: :lol: That is a super depiction!

Loto



LotofPatienceMaleIndia2010-08-29 22:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStupid Question Time!

A#? What is that? I was considering putting date of photo, where it was taken, who's in it and relation to either me or my husband; as most of them are not just of us.


A# is Alien Registration# which is not applicable to all.

Loto
LotofPatienceMaleIndia2010-08-29 20:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStupid Question Time!

Quick question for you all:

Was going over the G325A form and noticed this little question at the bottom of the form: This form is being submitted for a.)naturalization, b.) status as permanent resident, or c.)other (specify). I know it's C, but just what should I put? IR1/CR1 visa? Immigration?

I was going to ask another dumb question, but can't remember what it was. Will edit with it if I think of it. :P Hah, I thought of it. Or if not specifically it, at least another question: For those of you who submitted pictures, did you write on the back of the photos of date and what it was, or type it up and tape it to the back, or what? Did you send them in protective sheets or loose?

OH! I remembered my original second stupid question: What are ACCO fasteners? :P

Thanks for your help. *crosses fingers she'll be able to file soon*


Other - write I-130.
Backside of the photo - Petitioner/Beneficiary - Full name, DOB and A# if any.

Loto
LotofPatienceMaleIndia2010-08-29 20:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWAC Service Center

All I130's are going to California service center, which is WAC.


'Most' I-130s are going to CSC. Mine and few others went to VSC.

In fact, VSC was getting only 2 digit I-130s until May 2010. But, they accepted 4 digit I-130s in June 2010.

Loto
LotofPatienceMaleIndia2010-08-30 10:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWAC Service Center

Ours initially went to the east then was transferred to the west and we were approved shortly after. Not to worry; they often move cases to redistribute the work load. Good luck!


This is called "load balancing" :star:

East or West, approve it fast...
East or West, make our life best... :lol:

Loto
LotofPatienceMaleIndia2010-08-30 08:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSome hopeful news for I-130!
This looks much more interesting from CIS Ombudsman Updates:

USCIS has been utilizing excess capacity and resources to review and adjudicate hundreds of thousands of pending Forms I-130 (Petition for Alien Relative). By December 31, 2010, USCIS expects to adjudicate 750,000 such petitions.

http://www.dhs.gov/x...37986181.shtm#2


If this is true, I see huge number of approvals in Sep/Oct/Nov/Dec of 2010.

Loto


LotofPatienceMaleIndia2010-08-30 18:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDHS "A" number?

Thanks Loto.
wondered if that was you in those video links.


Good luck Kev!

They (Shah Rukh Khan, Aamir Khan) are famous actors in India. Shah Rukh Khan once was detained at NY JFK airport for second level interview (because the name Khan was in the list!). It was big issue and Indian Consulate in NY also involved in the matter :star: To have more fun, comments went like "India would detain and question Anjelina Jolie if she arrives there" for ####### for tat :star: But, later USCIS officials apologized and they confirmed that it is just a matter of security clearance, not the harassment.

Loto
LotofPatienceMaleIndia2010-08-29 14:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDHS "A" number?

Hello Fellow Travelers,
On the DS-230 they ask for a Department of Homeland Security "A" number corresponding US visits of my foreign spouse. What is that number and where do I find it? I have not found a clear answer to this yet. Thanks!
Kev

Caminante, no hay camino. [Hiker, there is no path. Se hace el camino al andar. You make your path by walking.] --Antonio Machado


If your foreign spouse has never been assigned A#, put N/A.

Loto
LotofPatienceMaleIndia2010-08-28 17:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresThis is what i have on noa-1, is this correct?

For any petition filed with USCIS will have a priority date (which is usually the receipt date in most cases). And, USCIS would adjudicate cases based on the priority date.

Also, there are no quote limit for immediate relatives (IR1/CR1) hence there is NO waiting at NVC (cases are processed as they come in).

Cheers




:thumbs:
LotofPatienceMaleIndia2010-08-31 16:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSome of the marriage RFE reasons

What exactly does it mean "Marriage arranged by a third party". What would be an example of this ?


That seems like without the knowledge of family and friends. It is just one of the questionable situations, but not a big worry item.

Loto
LotofPatienceMaleIndia2010-08-31 17:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSome of the marriage RFE reasons

I married Aug 8th 2009.


Your current marriage is well above that 5 years mark. So, I don't think your AP is not that issue.

Loto
LotofPatienceMaleIndia2010-08-31 02:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSome of the marriage RFE reasons

Hi Loto,

What if the petitioner gained LPR thru marriage in Mar. 2002 but got citizenship thru military service in Dec. 2003? Is that the reason they put my wife in AP? and if so, how long do you think that may take?

Thank you,

Moctar


Moctar, when did you marry this time? I see your I-130 filing in 2009-10-15?

Loto
LotofPatienceMaleIndia2010-08-31 02:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSome of the marriage RFE reasons

Thanks. Man I had already collected all the paper when I was moving conditions based on good faith, was interviewed and all. Since then to move on in my life I have shredded most of the evidence. I hope they dont make me prove that the prev marriage was legit all over again.

I am hoping that in the process, they are suppose to look at this if the petitioner is a LPR. Since I am not I am keeping my fingers crossed that they will over look it. My wedding date is 2.5 months before the 5 year lpr period.

Do you know if the petitioner can go with the beneficiary to the interview ? I would hate to prepare my spouse about all the details of my past - she knows but I don't want her memorize dates etc..


Some consulates will allow the petitioner to be with the beneficiary. When the interview is scheduled, contact with the Consulate and get the appointment/permission. Also, take all the evidences that you have.

Loto
LotofPatienceMaleIndia2010-08-27 22:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSome of the marriage RFE reasons

We are both talking about 5-year spouse-INA 204(a)(2)(A)

So in my case the LPR is now a USC. At the time of 130 submission for spouse it had been over 5 years since the Petitioner got Conditional LPR. The marriage however happened just a few months short of the 5 year mark. But the LPR petitioner waited a few months till the citizenship and then applied.

I hope they don't flag my application. I am the petitioner in this case. I got my conditions removed after the divorce so I should be ok... Just got nervous last night after reading all of this.. your thoughts ?


Caliguy77,

Second marriage was very close to the 5 year mark, so it is the decision of the adjudicating officer. Wait for the process in USCIS, NVC & Interview. Meanwhile, gather all "convincing evidences" because "The LPR can overcome this prohibition if he or she establishes by clear and convincing evidence that the prior marriage was not entered into with the purpose of evading the immigration laws."

Loto

LotofPatienceMaleIndia2010-08-27 22:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSome of the marriage RFE reasons

Hey Loto
In the same manual I was reading that if the petitioner got LPR thru a previous marriage to a USC, then a special note will be put on the app indicating to the consulate that it may be a possible Sham. We are definitely talking AP here.

The situation is that the Petitioner did get LPR thru marriage to a USC about 6 yrs ago. Became LPR, removed conditions showing good faith etc. And then got married this year to a non USC. The petitioner now is a USC and has applied for CRI1 for the beneficiary not currently residing in US. The beneficiary has never been previously married.

I am looking at 100% chance for AP for the wife (beneficiary) here ? What do you think ?


caliguy77,

That's correct. But the manual says "If the Petitioner did get LPR thru marriage to a USC within 5 years and now applying for the new husband/wife, the denial will be there".

The LPR can overcome this prohibition if he or she establishes by clear and convincing evidence that the prior marriage was not entered into with the purpose of evading the immigration laws, or that the prior marriage ended through death.


Loto
LotofPatienceMaleIndia2010-08-27 09:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSome of the marriage RFE reasons
Some of the marriage RFE reasons are listed below. It has been extracted from the Adjudicator's Field Manual of USCIS - Section 21.3

Large disparity of age;
Inability of petitioner and beneficiary to speak each other's language;
Vast difference in cultural and ethnic background;
Family and/or friends unaware of the marriage;
Marriage arranged by a third party;
Marriage contracted immediately following the beneficiary's apprehension or receipt of notification to depart the United States;
Discrepancies in statements on questions for which a husband and wife should have common knowledge;
No cohabitation since marriage;
Beneficiary is a friend of the family;
Petitioner has filed previous petitions in behalf of aliens, especially prior alien spouses.
Loto


LotofPatienceMaleIndia2010-08-26 22:48:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-130 petition rejected because form was outdated...

Hi,

My petition was rejected and got it back in snail with 797 notice. Cause - "petition was filed using outdated version of this form. please resubmit your application with current version of the form".

I had used i-130 form that expires on 1/31/07 and g325a (5/31/09).....uscis website clearly says previous editions accepted....anyone with similar experience? your thoughts are welcome...

Thank you


Fill new one and mail it.

Loto
LotofPatienceMaleIndia2010-08-31 21:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisa look :)
Congrats!

Loto
LotofPatienceMaleIndia2010-08-31 18:26:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat to do after aos invoice and ds-3032

Thanks Darnell and LotOfPatience for your input.

I have still been waiting for NVC to receive my case. Today it is 42 days of my I-130 approval, but my service center has not sent my approved petition to NVC yet. This is so rediculous. God Help me :(


How do you know that SC didn't send your docs to NVC? Did you call NVC Human TM to check your case is reached there? If not, try right now, at this point...

Loto
LotofPatienceMaleIndia2010-08-31 17:15:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat to do after aos invoice and ds-3032

Thanks LotOfPatience,

I thought we can scan and email completed and signed DS-3032 form to NVC. I also heard that some of my friends scanned and emailed DS 3032 to NVC and it was accepted.

My beneficiary doesn't need to sign the DS-3032 template then? How can template be signed?


You as the petitioner call the NVC live person and provide both yours and beneficiary's email ids. Then your beneficiary complete the template (no signature here) and email to NVC. Mostly, NVC will accept this.

Some people will mail hardcopy to NVC for additional peace of mind.

Loto

Edited by LotOfPatience, 30 August 2010 - 04:00 PM.

LotofPatienceMaleIndia2010-08-30 15:59:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat to do after aos invoice and ds-3032

Darnell,

Are you saying that NVC doesn't accept the scanned DS-3032 form sent by petitioner? I am confused !


Malvika, The original completed DS-3032 form by the beneficiary has to be 'mailed out' to NVC with the barcode. If the petitioner is COA, petitioner can 'mail out' the same to NVC, when the petitioner gets this completed and signed original form from the beneficiary.

Emailing is another option and the fastest. Here there is a template that has to be 'emailed' after the completion. The scanned form DS-3032 cannot be emailed.

Loto
LotofPatienceMaleIndia2010-08-30 15:05:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat to do after aos invoice and ds-3032
Everybody answered everything except the below.

Being you the recent U.S citizen is a nice feeling, but it won't speed up NVC and Consulate interview. BTW, Hartford, CT is a nice place. Please don't tell me that you work in one of those major 4 insurers :star:

Loto
LotofPatienceMaleIndia2010-08-30 12:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTax Returns, Income

Thank you :)

My parents are still married, but could I use one parent? For example, my mother's income only? Or would I have to count my father's?


If you just include your mother's income, then mother's household will be counted as well, which obviously will be 2 for her including her husband. Then you need to file I-864 and you have household of 2. This makes total 4.

Loto
LotofPatienceMaleIndia2010-08-26 10:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTax Returns, Income

Thank you very much! So concerning the co-sponsor, it can be a family member, correct? Would they count our combined incomes, or use the family member who makes more as a guideline? I was thinking of using my brother, but he works part-time and goes to school at the moment. I could also use my parents, I suppose. Would they be counted towards the household size? For instance, even though my parents live somewhere else in town and I asked them to do an affidavit of support would they be counted towards the household size? I think I only made 14k working part-time for the past three years, but the jobs I've been interviewed for make well over the requirement. I'll definitely get a letter from my employer confirming my salary when I am ready to apply though.

We were originally going to do this through the fiancé route, but marrying before he leaves seems to be the better option (he can work faster, he can wait to adjust status).

Again, thank you so much!


Yes, since your income is less than povertylines, you can make co/joint sponsors with your parents. They will also be counted in your household, then it will make 4.

If you intend to marry and pursue visa, CR1 path is best for you.

Loto
LotofPatienceMaleIndia2010-08-25 12:04:00