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arrowField Office Adjudication, time given to enter the US, and general questions
July 20, 2016, 1:47 pm Last comment by A'n'L
jbbuck

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Hi everyone,

 

I am going to apply for DCF in Ecuador, that is file my i-130 with them.  Although they don't do DCF, they could forward the request to Peru if there are "exceptional circumstances".  Because my wife is pregnant, I believe we will be approved.  A Policy Memorandum (PM-602-0043) states that "USCIS will likely authorize DOS to accept and process an I-130 petition" in "Medical emergencies".  For example, "A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel. This includes the situation where a petitioner or beneficiary is pregnant and delaying travel may create a medical risk or extreme hardship for the mother or child."

 

I have a few questions in regards to this.

 

1) Before I contact the Ecuadorian Embassy or Consulate, can anyone tell me what I'll need to provide them with in order to have it be accepted (other than the standard forms I list below)?  Do I need a doctor's note?  If so, what does it need to say?  Is pregnancy a sufficient reason, or should I bring up Zika and/or that she has other risk factors?  

     - Here's what I would have to include anyway: cover letter, i-130, filing fee, proof of my citizenship, required supporting evidence [marriage certificate, etc.], my wife's photograph, our G-325A forms, and a G-1145 (E-Notification of Application/Petition Acceptance)

 

  1.a.) How would you recommend paying the filing fee?  According to the "Peru - USCIS Lima Field Office" webpage, they do "not accept debit cards, checks or U.S. Postal money orders".

 

2) Let's say that my i-130 is accepted and approved by the overseas US embassy or consulate, and we have the interview and are approved.  Then my wife will get an one-time-use immigrant visa, right?  I've heard and read (but not from official sources) that she'll have 6 months to enter the US on that visa.  Is that true in all cases, including DCF?  Or is DCF different?  I'm just wondering if with DCF we'd have to leave immediately.  I understand that our purpose of doing the DCF is to go immediately, but I'm concerned that if something comes up and we can't do it immediately, would that be an issue?

 

3) Another question, if my case (i.e. my i-130) is not "clearly approvable" and is "forwarded to USCIS", um, what does that mean exactly?  Or rather, what would happen then?  Would they request corrections or whatever else they might need?  If my case isn't approvable, I wouldn't have to file again and pay the filing fee again, would I?

 

Thanks in advance for the help!

 



 
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arrowEvidence of income question
July 19, 2016, 8:40 pm Last comment by nikkialicia
nikkialicia

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Hello, everyone :)

 

I am a former Peace Corps Volunteer and married an Ecuadorian over two years ago. I am wondering about the affidavit of support form. I do not currently make 20,000 per year ( I make less) because I just started a business. For the past three years I haven't made any money because of my Peace Corps Service. I applied for a job to start in October. So my question is, if we submit the petition in August, by December I will have 2-3 months of income that will make over the poverty line, but I will have to pay stubs for the past three years and my IRS tax forms will show I made no money for the past 3 years.

 

Do you think this will be a problem? Should I find a sponsor instead?

 

Thank you very much,

Nikki



 
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arrowconditional 2yr green card (the 2 year period is almost up) what is next?
July 18, 2016, 12:00 pm Last comment by Rmv0311
Rmv0311



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HI,

My wife came here with a K1 visa, a year and a half ago she got her 2 year green card.

 

I just want to be ahead of the game; but, does anyone know what process is next? maybe the website with the step by step instructions?

 



 
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arrowUp to 90 days for NVC case number?
July 8, 2016, 7:45 pm Last comment by linafinn
MandyAlex



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It's been 5 weeks since our case was approved but still waiting on getting the case number from NVC. I called NVC today and a very nice agent told me that "they should have gotten it by now", and to call USCIS to inquire about it. She even said that many cases are getting in from USCIS in a matter of days after approval.

So I called USCIS and explained the agent the situation and what NVC has told me and the response was that it might take up to 90 days for NVC to receive the case and I must wait that time before this could be researched. 😨 I believe this is bologna, must people only wait 6 weeks to call USCIS and ask for a tier-2 agent, or schedule a local InfoPASS appointment or contact their Congressional representatives. I'm also aware the petition itself expires in 4 months, so I can't see why it might take up to 90 days for NVC to receive it.

I'm wondering if anyone else has receive this kind of non-sense response. I even called twice and the 2 different agents told me the same script.

I personally will wait another additional week, or 6 total, before I start calling the higher ups and start making some noise, that's simply ridiculous.


 
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arrowI94 retrival of information
July 7, 2016, 11:42 pm Last comment by KayDeeCee
Volkhard

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While we are waiting for the day of the Interview for my fiance's K1 visa (August 3rd, Guayaquil, Ecuador), I was trying to check the electronic I94 information retrival sytem.
My fiance visited the USA 5 times (B2 visa) in the last 12 month and twice the CBP had seemingly trouble to find the correct information when she arrived. Once she was told somehow according to their records she never left after her last visit. Fortunately that was cleared up using the stamps in her passport.They blamed a faulty airline manifest.

I know we need the I94 for AOS and SS card. I tried to use the elctronic system to find any record of past travels but the system couldn't find her.

I tried any spelling variations of her names (latin america: 2 last names & 2 first names. Even switched first and lastnames. I tried to enter the dates in varies forms. Nothing helped. She seems not to be in the system.

In order to be preemptiv I contacted the CBP office in Miami (POE) via email and explained to them that I was looking into the system and were not finding any records regarding her last travels. I explained she will need the I94 when she arrives next time (probably August) on her K1 and perhaps it would be good for all to find out before hand where the problem could be (electr. reading the passport at POE perhaps).

I got a response, explaining to me, the system is only for non-immigrant visitors and if I need a hardcopy I have to request on with Homeland Security based on the freedom of information act.

In a second email I tried again, explaining why I am contacting them and got an even shorter answer :if you like a hardcopy request it with HLS ....

My third email did ot get any reply....

I am afraid we will run into a problem comming August and it should be so easy to prevent the problems that might result in not getting an SS card, unable to file AOS etc.

Anyone else having similar problems / experience? Is there another office where I can report that their system might not work in our case?

Not being able to find her in the retrival sytem probably means SS might not find her either.

Thinking perhaps the next time it will work if there is no record of the former 5 visits is not realy my nature.

I am concerned.


 
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