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My I-130 processing time is probably going to be really long?

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

I have 5 concerns about my I-130 application (NOA1 at the nebraska service center of july 5th 2016) that might cause them to send an RFE or deny my application.

1. I made a very thick application for my wife and her son. My wife's application is 1 inch thick. I just felt like the bona fide relationship evidence required that I include pictures and print-outs of e-mails.

2. My wife still has joint custody of her son with her ex-husband. He insists that the child stay in brazil for 1 year after my wife immigrates. I don't know how that will influence my visa process. I don't know if my step-son's visa application (step 2 after the i-130) should be delayed by 6 months or something... I don't know if a letter of permission from her ex-husband is enough for the child to immigrate one year after my wife. I know that either brazilian officials might stop him from leaving or US immigration officials might deny his visa. i know that CR-1 Visas work only one time and they usually expire 6 months after being granted. I suppose i have good reasons to be granted an extension on his immigration visa?

3. Me and my wife only just met in Cancun during December of 2015 and we married may 20, 2016 so we don't have a lot of really solid bona-fide marriage relationship evidence. I mean our financials are still mostly separate. I have a house and we have started keeping some money in a joint bank account in the USA. Our relationship has been largely online. I've spent a month with her in jan/feb, 8 days in march, and 15 days in May. the rest of the time she has been needing to continue her work as a doctor in Brazil and I've continued to need to do my research work in the USA. But we talk every day on Facebook mostly and I did considered sending the USCIS a printout of our entire facebook conversation which comes out to around a thousand pages double sided. HAHA but i didn't do that because that's just ridiculous. I've been to Brazil twice to visit her family and she has visited me twice in the USA. I included receipts for tickets to be together for the full month of September. (She's coming here with her tourist visa.)

4. I submitted copies of everything, no originals besides the i-130 forms and g-325a forms which have original signatures. i included 8 affidavits of support, 4 of which are in portuguese with official translations. they are all notarized. Is it okay that all that is copies? Or have I doomed myself to receive an RFE where they ask for the originals? (when they do an RFE, do they require that the entire packet be included with all the original documents?\

5. she's 13 years older than me and is a doctor while i'm a scientific researcher. so financially we are not really equal.

I feel like all these things are going to make the process take longer for me if they even bother to spend the time at all. It's not a simple case in my eyes.

Isaac

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1. That is completely normal and is no reason for you to receive an RFE.

2. Sorry, can't help you with this one. Someone more expeienced needs to answer.

3. Time spent together is the most important! That holds way more value than anything else. Most couples doing this process do not have joint finances, housing, bills, etc. so do not worry. You're good.

4. That's exactly what you're supposed to do.

5. Again, not important. Many people have large gaps and do completely different fields of work.

Take a deep breath :) You are worrying much more than you need to. Good luck with your process!


Married: 5-July-2015
I-130 Petition Sent: 11-May-2016
NSC Received (Our Priority Date): 12-May-2016
NOA2 Received: 30-September-2016 141 days for I-130 approval
NOA2 Hard Copy Received: 06-October-2016
Petition Sent to NVC: 17-October-2016 17 days for petition to be sent to NVC
NVC Received: 21-October-2016 4 days to be received at NVC
NVC Case Number Assigned: 31-October-2016 10 days for case number to be assigned
NVC Welcome Letter Received: 3-November-2016 @ 12:10 AM 3 days from case number assigned until Welcome Letter received and invoices unlocked
IV and AOS Fees Unlocked: 3-November-2016 @ 7:00 AM
IV and AOS Fees Paid: 3-November-2016
DS-260 Unlocked: 7-November-2016 2.5 business days for DS-260 to be unlocked
DS-260 Submitted: 8-November-2016
AOS and IV Documents Sent: 9-November-2016
Scan Date: 14-November-2016 5 days to receive scan date due to a holiday/weekend
Medical expedite requested: 14-December-2016
Medical expedite approved at consulate: 19-December-2016 Expedite approved with consulate but denied at NVC; still need to wait for case complete
Case on Supervisor Review: 22-December-2016
Case sent to the Review Department: 13-January-2017
Case Complete: 24-January-2017     10 weeks and 2 days at NVC before case completed
Case arrived at consulate/CEAC status "Ready": 1-February-2017
Interview: 21-February-2017   We scheduled our own interview because we had an approved medical expedite with the consulate. By sheer luck we got such a quick interview date because someone cancelled their appointment less than 20 minutes prior
Interview Result: Approved!!
Visa Issued: 21-February-2017     Visa issued same day as interview
DHL tracking information received: 22-February-2017     DHL tracking number appeared 28 hours after interview, scheduled for delivery the next day
Visa in hand: 23-Feb-2017
US POE (Minneapolis): 26-Feb-2017

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

haha. then it looks to me like the people working at the USCIS have quite a job to keep all this paper organized and sort through it all!

i can't even begin to imagine...

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I have 5 concerns about my I-130 application (NOA1 at the nebraska service center of july 5th 2016) that might cause them to send an RFE or deny my application.

1. I made a very thick application for my wife and her son. My wife's application is 1 inch thick. I just felt like the bona fide relationship evidence required that I include pictures and print-outs of e-mails.

2. My wife still has joint custody of her son with her ex-husband. He insists that the child stay in brazil for 1 year after my wife immigrates. I don't know how that will influence my visa process. I don't know if my step-son's visa application (step 2 after the i-130) should be delayed by 6 months or something... I don't know if a letter of permission from her ex-husband is enough for the child to immigrate one year after my wife. I know that either brazilian officials might stop him from leaving or US immigration officials might deny his visa. i know that CR-1 Visas work only one time and they usually expire 6 months after being granted. I suppose i have good reasons to be granted an extension on his immigration visa?

3. Me and my wife only just met in Cancun during December of 2015 and we married may 20, 2016 so we don't have a lot of really solid bona-fide marriage relationship evidence. I mean our financials are still mostly separate. I have a house and we have started keeping some money in a joint bank account in the USA. Our relationship has been largely online. I've spent a month with her in jan/feb, 8 days in march, and 15 days in May. the rest of the time she has been needing to continue her work as a doctor in Brazil and I've continued to need to do my research work in the USA. But we talk every day on Facebook mostly and I did considered sending the USCIS a printout of our entire facebook conversation which comes out to around a thousand pages double sided. HAHA but i didn't do that because that's just ridiculous. I've been to Brazil twice to visit her family and she has visited me twice in the USA. I included receipts for tickets to be together for the full month of September. (She's coming here with her tourist visa.)

4. I submitted copies of everything, no originals besides the i-130 forms and g-325a forms which have original signatures. i included 8 affidavits of support, 4 of which are in portuguese with official translations. they are all notarized. Is it okay that all that is copies? Or have I doomed myself to receive an RFE where they ask for the originals? (when they do an RFE, do they require that the entire packet be included with all the original documents?\

5. she's 13 years older than me and is a doctor while i'm a scientific researcher. so financially we are not really equal.

I feel like all these things are going to make the process take longer for me if they even bother to spend the time at all. It's not a simple case in my eyes.

Isaac

1) did you send an I-130 for her son and for her. So 2 x I-130? Because each person immigrating needs their own in this visa category. 1" thick isn't very big compared to some, trust me.

2) unless he has permission from the father to leave and/or she has sole custody, they can deny his visa. You would delay his visa processing until the father would allow him to immigrate by slowly doing the paperwork at the NVC.

3) the USCIS expects people who live separately to have separate financials. I hope you sent proof of your visits, and a sampling of your regular communication

4) Do you mean affidavits from family and friends? They are very low on the evidence scale and you don't need to send originals and certainly will not get an RFE for a copy.

5) Just because she is a dr in Brazil doesn't mean she can be a Dr here. She will have to take certifications to see if she has the knowledge to practice in the USA. The age difference isn't huge and it's not like you're working at McDonalds part time. ;)

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

thanks for your questions NLR.

Yes i submitted all the travel receipts and every airplane ticket stub i could find along with the pictures and pics of passport stamps. Yes i'm aware that being a doctor in the USA is nigh impossible due to the hurdles in getting the medical license. thanks for the advisory comment. mainly she would need to go back and study all the biochemistry and stuff that is forgotten over time. also she would have to do another residency and neither of us want for her to do that again after so many years practicing medicine. we have plans set so she can practice medicine in brazil for 2 weeks every 3 months.. as far as i can tell that would not violate her green card.

yes i submitted 2x i-130. 2x$420. her son's i-130 is quite small in comparison. as far as i had read, it needed to be minimal compared to my wives i-130. thanks for the advice about delaying the NVC paperwork. Just to confirm, we can do my wife's NVC paperwork quickly and drag our feet on her son's paperwork?

I'm unsure if our e-mails will be enough to indicate regular communication.. almost all of our communication is through facebook chat and facebook messenger calls.

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Yes you can drag your feet on one case and do the other one as fast as possible. :)

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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