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myrtle1980's US Immigration Timeline

  Petitioner's Name: Miriah
Beneficiary's Name: Jose
VJ Member: myrtle1980
Country: Brazil

Last Updated: 2010-01-03
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Immigration Checklist for Miriah & Jose:

USCIS I-130/I-129F Petitions:  
Dept of State K3 Visa:    
USCIS I-485 Petition:  
USCIS I-765 Petition:      
USCIS I-131 Petition:      
USCIS I-751 Petition:  
USCIS N-400 Petition:  


K3 Visa
Event Date
Service Center : Vermont Service Center
Consulate : Rio de Janeiro, Brazil
Marriage : 2006-05-25
I-130 Sent : 2006-06-01
I-130 NOA1 : 2006-06-07
I-130 RFE :
I-130 RFE Sent :
I-129F Sent : 2006-06-13
I-129F NOA1 : 2006-06-19
I-129F RFE(s) : 2006-07-03
RFE Reply(s) : 2006-07-05
I-129F NOA2 : 2006-07-24
NVC Received : 2006-08-02
NVC Left :
Consulate Received :
Packet 3 Received :
Packet 3 Sent :
Packet 4 Received :
Interview Date : 2006-09-12
Interview Result :
Second Interview
(If Required):
Second Interview Result:
Visa Received : 2006-09-14
US Entry : 2006-10-27
I-130 Approval : 2006-08-03
Comments :
Processing
Estimates/Stats :
Your I-129f was approved in 35 days from your NOA1 date.

Your I-130 was approved in 57 days from your NOA1 date.

Your interview took 97 days from your I-130 NOA1 date.


Adjustment of Status
Event Date
CIS Office : San Diego CA
Date Filed : 2006-11-26
NOA Date : 2006-12-01
RFE(s) :
Bio. Appt. : 2007-01-19
AOS Transfer** :
Interview Date : 2007-08-30
Approval / Denial Date :
Approved :
Got I551 Stamp :
Greencard Received:
Comments : Moved from VA to San Diego and had interview in San Diego


Employment Authorization Document
Event Date
CIS Office :
Filing Method : Mail
Filing Instance : First
Date Filed : 2006-11-26
NOA Date : 2006-12-01
RFE(s) :
Bio. Appt. : 2006-12-19
Approved Date : 2007-02-20
Date Card Received :
Comments :
Processing
Estimates/Stats :
Your EAD was approved in 86 days.


Lifting Conditions
Event Date
CIS Office : California Service Center
Date Filed : 2009-10-22
NOA Date :
RFE(s) :
Bio. Appt. : 2009-12-08
Interview Date :
Approval / Denial Date : 2009-12-22
Approved : Yes
Got I551 Stamp :
Green Card Received : 2010-01-02
Comments :


Member Reviews:

Consulate Review: Rio de Janeiro, Brazil
Review Topic: K3 Visa
Event Description
Review Date : July 31, 2006
Embassy Review : I have not actually had my interview yet but I found this on another forum for Gringoes in Brazil and the author said I was more than welcome to publish. I found it super helpful and needs to be passed on for all interviews.

First I want to apologize for this being such a long post. However, I believe in specifics so I get real specific. If you take the time to read this you will find valuable information that will help if your fiancée or spouse has an interview date coming up.
I took the time to type this entire ting for people to refer to and use. I will ask for other members that read this post to please write anything…even if it is the letters “OK”… that will keep this post towards the top of the first page for others to also use.

Now to explain how my wife’s’ interview for her K-3 visa in Rio went. The date was set for Tuesday, June 13, 2006 at 8am. We were 1 of 9 other people that were scheduled for a “K” Visa Interview on that date and everyone’s time is 8am. Of course, there are also other types of interviews also set for that date...such as for Tourist, Business, Student, etc. However, I was only interested in my specific situation. You can see the Interview Date Calendar at the following link http://www.embaixada-americana.org.br/index.php?action=mater ia&id=2413&submenu=rio.php&itemmenu=58

When you get to that link it should take you to a page that gives you seven options to choose from. At the bottom of those options (not the bottom of the page) the last 2 option will be with regards to “Immigrant Visa Interview Dates”. At the time of this post one read exactly as follows “Immigrant Visa Interview Dates – June 2006” the other read exactly as follows “Immigrant Visa Interview Dates – May 2006”. Just click on one of those and it will show you the entire calendar for that specific month you chose.

We showed up at 7:30am and there was a very short line as there may have been about 25 people on the line waiting to also get into the Consulate Building. I believe the short line had to do with the fact that the Brazilian soccer Team was going to play in the World Cup later that day. In Brazil businesses close half days or do not even open when the Brazilian soccer team plays as they all want to see the game. The consulate office employees were trying to get things done quickly so they see the game that was set to start at 4pm.

Well back to the interview. We knew that we needed to pay US$100.00 at Citibank but there was not one where we were at so we waited until the date of the interview. I was not worried as I already knew that there were people outside of the American Consulate Building selling these US$100.00 PAID receipts from Citibank. What I did not know was how much they charged for the receipt. It was only R$350.00. That was US$160.00 at this time but the Brazilian Real (Brazilian money goes up and down so the exact equivalent in US Dollar amount can go up or down slightly…it will not be a great deal of difference in UD Dollars)

Hey, I figured it was fare since they are doing a service that I needed. Especially since the Citibank that is about 5 blocks from the consulate opens at 10am and you can not file or turn in your papers unless you have the Citibank receipt.

I would advise anybody to pay the US$100.00 at the Citibank instead of the guys in front of the Consulate so you can save about US$60.00. However, if you are doing a lot of last minute running around getting your papers ready for the Interview Date and do not have time to look for or find a Citibank than at least you can feel safe knowing that there are people outside the Consulate Building with the Citibank Receipt…for a service fee as explained above.

Oh, I almost forgot, there are also people outside the Consulate office taking passport photos…incase anyone did not take or forgot to bring theirs to the Interview Date.

When the doors to the Consulate office opened (promptly at 8am) you have to go through a metal detector. Cellular phones are not allowed in the building…so do not bring them with you. Until recently you also could not bring sunglasses into the building. Now you can but the sunglasses must remain in your pocket or a bag…as that was what the guard instructed us to do.

After the metal detectors we were told to go into an auditorium on the left hand side. In there we made another line. Even before my wife and I got to the front of the line, a female employee walked into the auditorium and asked if anyone was there for the Fiancée Visa. The wife and I did not say anything as we were there for the Spousal Visa. But before the female employee left she called out names and my wife’s name was one that she called. Of the 9 names that see called out only 8 were there. After all of us had gather around her, she told all of us to follow her.

Remember that when an employee calls out for anybody applying for a Fiancée Visa (K-1) just reply…it does not matter if you are there for a Spousal Visa (K-3)…as they consider it all as “K Visas” and they just refer to them as Fiancée Visa in their office…I guess since that is the one they process the most.

If you are married and want to make sure you are included in the group when they call for anybody there for a Fiancée Visa…than just ask. The staff is very courteous and helpful.

We followed the female employee to a smaller room on the second floor. On the second floor she gave everyone a list of the all the paperwork that she wanted and the order in which she wanted everything when it was given to her at the window inside of a booth with a large window that you can see in from the outside that has the #1 on it. There is also another exact booth to the left of that one that has the #2 on it which was not used on this specific date...but may be in use on your Interview Date.

Everybody started putting all the paperwork in order as per the instructions on the sheet of paper that the female employee handed everyone. As people finished organizing the papers they formed a line outside a small glass booth with the #1.

The way they work is that if you hand in your completed package first (in the order they want) than you are first to be interviewed. If you are fifth to hand in your completed package (in the order they want) than you fifth to be interviewed.

To help you out a little and get you processed faster on the Interview Date I have the actual instructions from the paper the female employee gave us. I am still in Brazil and could not find an Internet Café with a scanner so I had to type the instructions.

The following in italics and bold are the instructions and the items as per the list she gave everybody. Remember when I said that they refer to the K-1 and the K-3 as simply a “K Visa” and they call it a “Fiancée Visa”. Therefore, there is only one list for the K-1 or K-3…you will need everything on the list unless it specifies in brackets it is only need for fiancée visa. As you will soon see by the instructions the fiancée visa does require more things than the spousal visa.

Numbers 5, 7 & 8 are only needed if applying for a Fiancée Visa…they are not needed for a Spousal Visa. Ether way to make you feel safer take every single form tat is on the list. The only thing they can tell you is that they do not need that form…that way you are sure that you are safe…better to be safe now than have another interview set up for 60 or so days later.

On the sheet of paper the instruction are in English on one side and Portuguese on the other side. I am only going to type the English version as it is much easier for me. If you want you can translate it to your significant other. The instructions are as follows:

FIANCEE/K3 VISA REQUIRED DOCUMENTS

PUT THE DOCUMENTS IN THIS ORDER, THE COPIES THAT ARE REQUIRED ARE TO BE PLACED BEHIND EACH ORIGINAL. Please arrange each person’s documents separately.

Two front view photo (name printed behind)

Passport

Citibank fee

Two Forms DS-156

Form DS-156k (fiancée applicants only)

Form DS-157 (for those over 14 years of age)

Form FS-257a (fiancée applicants only)

Sworn Statement (fiancée applicants only)

Birth Certificate and copy

Marriage Certificate and copy (if applicable)

Divorce Decree and copy (if applicable)

Death Certificate and copy (if applicable)

Military service ad copy (if applicable)

Police Certificate from “Segurnca Publica” and copy

Police Certificate from “Policia Federal” and copy

Police Certificates from other countries (if applicable)

Medical Exam (sealed the way it was given by the doctor)

Affidavit of Support

Form I-134

Last Federal Income Tax

Proof of Citizenship or Greencard

Job offer (if applicable)

With regards to number 18(c) a copy of my passport and copy of my birth certificate was fine…they did not need nor did they want my originals when I tried to give them to the female employee. That is everything as it appears on the paper they gave on the day of the interview.

Another small piece of advice is…I do not know how if this order always remains the same…I believe it should that would make it easy for the employees. But you should already have everything in order when going into the building. When you are given the list that I gave you above…just scan it to make sure that the order is still the same…that would only take about 5 seconds.

If by any chance it is not than at least you have those items that they require separate from all your other papers and it should take no more than another 20 seconds to put those papers in order (that is if the order has changed…if not than you already walked into the building with your papers in the proper order).

With that little hint you will be on the line to hand in your papers while everybody else is still searching through all of their paperwork putting the required documents in order.

When it was the persons turn they would go into the small glass booth where the female employee collected the paperwork and reviewed it to make sure it was all there and in order as specified above. If it was not in order or if something was missing than she would send you out of the booth. If it was only a form that was missing she would give it to the person to complete and come back to her. However, if it was a document like police report or anything that they could not provide than they would send the person home and tell them to reschedule another interview when they had everything.

We were second on line to hand in the completed package in the order they specified. But my wife was last to be interviewed as we were last to hand in the completed package at 9:05am (good thing for those guys outside the Consulate Office with the US$100.00 Citibank Receipts because the bank was not going to open until 10am and we could not hand in the package until we provided the receipt). I do not know until what time they collect the paperwork so it is better to go into the consulate Office with the Citibank receipt in hand whether you obtain it at Citibank any day before your Interview Date or from someone outside the Consulate Building on the Interview Date.

The reason for us being the last ones to hand in the completed package was that they wanted us to complete Form DS-156 (in duplicate) and Form DS-157. We actually downloaded our package from the Consulates site…the one for “Spouse” also called “Immediate Relative” (as a spouse is an Immediate Relative) at http://www.embaixada-americana.org.br/index.php?action=mater ia&id=2416&submenu=rio.php&itemmenu=58 . In that package it did not say anything about these 2 forms. However, why was I going to argue that point as all it would have done was upset a consulate employee and make problems for my wife’s interview. So we did just as they asked…they gave us those forms and told us to hand it in after we finished.

Another form that they requested was I-134 “Financial Support”. Once again this form was not in the Spousal Package that the Consulate has on their website. There is a “Financial Support Form” in the Spousal Package on the site (can see on the above link) but it is form I-864. The consulate did not want this form from us even though we are married. They only wanted what was on their list which I indicated above.

On the consulate website they have Form I-134 “Financial Support” in the Fiancée Package at http://www.embaixada-americana.org.br/index.php?action=mater ia&id=2415&submenu=rio.php&itemmenu=58 .

Anybody that is applying for a Fiancee Visa (K-1) would already be prepared with Form I-134 and all aspects of that Financial Support, but the people applying for the Spousal Visa (K-3) will not. Therefore the following 5 paragraphs of information I am about o give you about the I-134 is basically for the people applying for a K-3 Visa.

Remember, that everybody must complete the Financial Support affidavit. With the K-3 it is supposed to be Form I-864. Also if you do not meet or exceed the Poverty Guidelines than you also have to complete Form I-864a which is basically another affidavit from someone that is going to help sponsor the person you are petitioning. Now both the I-864 and I-864a must be notarized.

Well guess what happens when a person shows up on the Interview Date for a K-3 and gets a wrench thrown into their game with a surprise that the consulate Office does not want the I-864 or I-864a but instead wants the I-134.

Basically the Interview will get cancelled because the correct documents are not provided. Your spouse cannot complete that form because it has to get notarized by you. However, if you are at the interview date you may be able to complete it right there and get it notarized there too.

On the other hand if the sponsor is someone that does not meet or exceed the poverty guideline than a co-sponsor is needed...that co-sponsor also has to complete another I-134 and have it notarized. So even if you do show up for the Interview Date…is your co-sponsor also going to show up? The answer is more than likely a no…than again expect to the interview to be rescheduled since again the paperwork is not complete.

So my best advice for anybody applying for a K-3 Visa…complete all Financial Support Forms…to include the I-864, I-864a, I-134 and an additional I-134 if an co-sponsor is needed. Hey it is always better to have more forms than you need than not having the right forms.

However, my attorney had pre-warned me to take a completed Form I-134 just in case even though I may not need it. I am glad that he told me that because I did need it. If you need more information about my attorney send me pm. He filed my paperwork on February 6, 2006 and my wife’s interview was on June 13, 2006. That was exactly 4 months and 1 week from first filing the petition in the United States to her actual interview date.

It pays to have an attorney that is on his toes and knows what he is doing. All of my paperwork was processed quickly through the states as everything was completely filled out and proper payment was enclosed.

There is someone I met through this site that has his paperwork backed up about 3 weeks so far (and very easily will not be ready for another week or two) because his attorney did not include the proper payment or even passport photos of his wife.

I will not mention who he is…but he can post his experience in this post after he reads this.

Now back to my wife’s interview date. As previously indicated, my wife was last to be interviewed guess that was not too bad considering that only made my wife number 8 to interviewed. As we waited we were able to see the other people that were interviewed first.

The interview for some people was fast others lasted 45 minutes and one even lasted 1 hour and 15 minutes. We started to realize that the people that lasted longer was definitely not a good sign as they would come out and explain their problem to someone that they may have made friends with while waiting to be called. But of course when that person was talking you would see everybody keeping quiet and listening to him or her (including the wife and I)

Long waits were due to a not so good interview like one guy that had overstayed a previous visa to the United States. Another guy also had a similar problem.

For the most part the remaining interviews were under 20 minutes. Our Interview was only 13 minutes from beginning to end.

When it was my wife’s turn she wet in. After about 5 minutes she was coming out and I figured that was great. But it was just to come out and get me as the Consulate wanted to see me.

I wet in and he only asked me what I type of business I was in…at first I thought it was because I did not have a letter from my employer as I am self employed. However, I had included my original “Business Certificate” in the package and he indicated that it was fine. That was the only question he had for me. I even asked him if I could get the original back since it was my only one and that I could give him a copy of it which my wife had in her papers. He said that he did not need it and that he had already returned the original to my wife.

He looked through all the papers in front of me and stamped her folder. I tried to read the stamp but could not make it out from where I was sitting. He indicated that my wife’s package would now be sent through the security phase of the visa process. He did not say but I think their security process is to run her prints and photo (for photo recognition) through the Immigration data base to make sure she was never deported from the United States. There is a sign in the Interview Room that indicates her photo would be used for photo recognition.

I believe that may be it because she already had the “State Police Certificate” and the “Federal Police Certificate” indicating that she has no record. So thinking logically…what other security process can be done on her except for an Immigration check.

At that point I believed that the Visa Interview part was approved as why would her package be sent for a security phase if it the Interview itself was not approved?

Well my wife has never had a problem with Immigration as she has never even left Brazil.

Oh, I almost forgot, the steps that lead the consulate into asking me to come in was explained to me by my wife when we left the interview room. Although he only asked about my business that was not what made him allow me to go in.

As my wife explained to me, he had asked her to tell him how we met. As she was telling her story she indicated that we had went to the sometime after meeting we had went to the movies. He immediately stopped her to ask on what date. She relied the month but he wanted the exact date. She told him that she did not remember.

She was allowed to continue her story and she did. When she stated that we went to the beach he immediately stopped her again to ask on what date we went to the beach. Again she stated that she did not know the specific date. She also added that she is very bad with specific dates. The consulate was surprised with her answer and told her that she has to prove to him that we are really in a relationship.

She explained to the consulate that she is very bad with specific dates as she does not even remember her mother’s or father’s birthday. But that if he wanted to speak with me I was right outside.

Those were the steps that lead to the consulate asking me to go inside the interview room. Of course, I did not know that because when I went inside the only asked about what type of business I was in. I had only found out the steps leading me to go in after the interview was over and my wife explained it to me.

He only asked what I did for a living but if you recall I indicated above…when I went into the interview room and the consulate asked what I did for a living I answered him and asked for my original Business Certificate to be returned. It was already in my wife’s possession as he had already returned it and he also did not want a copy of the Business Certificate.

My wife also indicated that he was very cold and strict with her; however, his mood seemed to change when I went into the room. The consulate even smiled a little while I was in there.

It is not necessary that the spouse or fiancée be at the interview but I truly believe it would help a great deal as the consulate would know that you are giving your spouse or fiancée your emotional support.

The only person allowed in the interview room is the person applying for the visa. But I would give anybody the same advice I gave my wife before going into the interview room… “find a way to let the consulate know that I am outside”.

I told her not to be direct and ask if I could come in…but to go about it in a mild way. I told her if any opportunity came up during the interview to let him know I was outside…the same way she did (as explained above).

I also told her if for any reason it did not come up in the interview…to just ask after the interview “is that it…you do not have to ask my husband anything…because he was outside waiting to come in”.

Even if he would not have wanted me to come in the whole idea behind it was to let him know that I was there emotionally supporting my wife.

I know my presence helped but I believe my wife would still have received her visa since he never asked me about any dates which was the issue with her that lead to me being allowed to come get into the interview room and he had already returned my Business Certificate with out having made any issue about it even before I had went into the interview room and asking e what I do for a living…which coming to think about it was already explained in my petition.

I believe him asking her that was just to make her feel nervous. Because think about it, when two people start dating they make only remember a date that they started dating. They are not going to remember the exact dates that they did everything.

If specific dates were remembered it would be as if your plan from the beginning was that you were going to apply for a visa for this person. That would be unbelievable because how would you even know from first meeting that this person would be the person you would want to spend the rest of your life with to even make sure you keep all those dates.

Also, as it would be impossible to keep all of those date…it would also be impossible to give all those dates to the consular as it would look like you studied phony dates.

A small word of advice would be not to remember all those specific dates or if you do remember those dates you can back them up if necessary. Because imagine if a date is remembered from six months to a year ago…the next question out of the consular’s mouth may be “and how can you remember that”.

What will your fiancée or spouse answer? Can you remember specific dates from that long ago? Unless it happened close to someone’s birthday, graduation day, etc. Get my drift? Don’t get caught off guard.

My wife seems to believe that if I was not there she would not have been approved. Her reason for that was that he was very cold with her and when I can in he was totally different and smiling.

My advice to anybody is to personally be there for the interview date to really give emotional and moral support. M wife did not even know I was coming here to Brazil. She found out when I arrived on Monday, June 12, 2006…the day before her interview (and also happened to be Valentine’s Day her in Brazil so it worked out great for us).

I was not going to let my wife go through something so important by herself. I believe that it was worth the US$1200.00 round trip airfare to come here and be with her during this time. And now we will travel to different areas of Brazil so she can say bye to her family and head to the states for the beginning of July.

Another thing my wife informed me of after leaving the interview room was that the small black stamp he stamped her folder with said “approved”. I just could not see the small print from where I was sitting. So basically my common sense was correct…it went to the security phase as the interview phase was approved. A little common sense goes long way…sometimes you just have to step back and look at all the things that are in front of you as I have done throughout this post (and given hints about certain things in this long and boring, but very valuable post).

Anybody reading this post should also read my other post for some more valuable information with regards to setting the Interview Date and making sure it does not pass you by…without you knowing. See Visa and Documentation and post is called “Has the K-3 visa Processed Changed”.

PICKING UP THE VISA

The day for the picking up the Passport (and possible visa) came. I say it like this because they in the interview they keep your passport and tell you to come back in 48 hours to pick it up…whether the visa is in the passport or not a person finds out when they come to pick it up.

I forgot to mention, after the interview is over the consular that just did the interview hands over a green index card. The card specifies in English and Portuguese…DON NOT LOSE THIS CARD as it will allow that person access to the Immigration Visa Unit on the date they are to come back to pick up the passport (and possible visa). If they do not have that card then they will not be allowed upstairs.

On the card it also indicates to write the name or names on the reverse side of the card of every one that would be receiving a visa today. If it is only your fiancée or spouse then just write their name. If any of her children are coming than you must write their names as well. You only get one card so all the names go on the reverse.

Once again you go through the metal detectors. Now there is a guard at the staircase that leads to the Immigration Visa Unit ad he does verify the green card and the date on it.

Once upstairs you just sit down and wait for your name to be called. You do not have to check in to let anybody know you are there. That same female employee that collected our papers in booth #1 was the same lady and again in the same booth calling out names and returning passports (some with visas and some without…so good luck)

Well it feels good to say…THE VISA WAS APPROVED.

Good luck to everybody and I wish you luck…hope all this information helps others to get everything done correctly the first time and to put you at ease as far as knowing what to expect a different stages.

I took the time to write this long post for others to everyone to use so please do not be greedy or sneaky and keep it from others by letting go to the back pages of the group.

Do not worry about others also being ready with all the paperwork in order when going into the Consulate on the date of the interview because not everybody that gets and Interview Date is even a member of this group. Out of 20 people in the Consulate Office for a K Visa interview there may only be 3 or 4 people (if even that man) that belong to this group and would also be ready. The other 14 or so would still be going in there blind and need the 5 to 10 minutes to even organize their papers.





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*Notice about estimates: The estimates are based off averages of other members recent experiences
(documented in their timelines) for the same benefit/petition/application at the same filing location.
Individual results may vary as every case is not always 'average'. Past performance does not necessarily
predict future results. The 'as early as date' may change over time based on current reported processing
times from members. There have historically been cases where a benefit/petition/application processing
briefly slows down or stops and this can not be predicted. Use these dates as reference only and do not
rely on them for planning. As always you should check the USCIS processing times to see if your application
is past due.

** Not all cases are transfered

vjTimeline ver 5.0




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