HELP! Urgent! Visa for my Wife!

[JoeVisa 1]

I'm afraid the stepson turning 21 in September is completely out of luck. You would have been wise to file an I-130 for him a year ago. For the IR2 visa for a stepchild, each child needs their own petition and everything else their parent needs to go through for a visa.

Thanks for your input as always Pushbrk. I was really disappointed to hear such a terrible news from one of the best! Although, I called USCIS and spoke to second tier operator and I clearly told him my dilemma about my stepchild who is turning 21 next month. The advised and he insisted that I send my I-130 petition for my stepson, before he turns 21 next month.

Then, I also mentioned to him about the NVC important information which states, “regarding children must be under the age of 21 at the time they enter the US.” http://travel.state.gov/visa/immigrants/info/info_3191.html ... And again he said, “Just as long as they're not married it's, OK!?” So, what do I do now... nothing but to continue with my sons petition and go from there... I was hoping somehow I could get some other information from other VJ members in regards to this situation – maybe someone heard of CSPA, perhaps? I am not really clear on it?! Or ANYBODY here who has similar experience? Please share... Thank you so much in advance!

[pushbrk 12,102]

Thanks for your input as always Pushbrk. I was really disappointed to hear such a terrible news from one of the best! Although, I called USCIS and spoke to second tier operator and I clearly told him my dilemma about my stepchild who is turning 21 next month. The advised and he insisted that I send my I-130 petition for my stepson, before he turns 21 next month.

Then, I also mentioned to him about the NVC important information which states, "regarding children must be under the age of 21 at the time they enter the US." http://travel.state..../info_3191.html ... And again he said, "Just as long as they're not married it's, OK!?" So, what do I do now... nothing but to continue with my sons petition and go from there... I was hoping somehow I could get some other information from other VJ members in regards to this situation – maybe someone heard of CSPA, perhaps? I am not really clear on it?! Or ANYBODY here who has similar experience? Please share... Thank you so much in advance!

We don't call it the misinformation line for nothing. Hopefully, others will be along to confirm the bad news, so you can get past it and one with devoting energy to causes with potential success in their future. The information at the DOS website is absolutely correct. It is not possible to get any petition in the hands of NVC before this child turns 21, much less 60 days before.

Edited August 11, 2011 by pushbrk

[JoeVisa 1]

We don't call it the misinformation line for nothing. Hopefully, others will be along to confirm the bad news, so you can get past it and one with devoting energy to causes with potential success in their future. The information at the DOS website is absolutely correct. It is not possible to get any petition in the hands of NVC before this child turns 21, much less 60 days before.

OMG... "misinformation line" are you serious? Well, in that case I better post this question to “Bringing Family Members of USC to America Forum.” Since no one else can confirm the bad news to me and hopefully I will get more answers in that section. But, I really do appreciate your insights and your candid remark as always...

Thanks and have a nice day or night!

Edited August 15, 2011 by JoeVisa

[JoeVisa 1]

To update on my Aging Stepson and posting a new question to BFMofUSC there - it looks pretty good, thanks to JimVaPhuong and Jojo92122. My son's priority date 8/18/11. So, that's it for this thread here -- moved to BFMofUSC. The thread regarding the CSPA here: http://www.visajourney.com/forums/topic/324826-im-usc-help-urgent-visa-for-my-stepson-aging-out/

Now let's get an update on my Wife's petition, next entry. :thumbs:

To continue with my Wife's visa petition and after calling the USCIS last month 8/8/11 and talking to the second tier operator... my wife's expedite request letter has been approved and I received the NOA2 dated 8/23/11. Now our petition is at NVC and we wait again for 30 days. Thank you all again for all your help and wish everyone the very best also.

[Ryan H 3,790]

To continue with my Wife's visa petition and after calling the USCIS last month 8/8/11 and talking to the second tier operator... my wife's expedite request letter has been approved and I received the NOA2 dated 8/23/11. Now our petition is at NVC and we wait again for 30 days. Thank you all again for all your help and wish everyone the very best also.

It may take 30+ days for the NVC to assign a case number, however, don't wait for them to contact you. I suggest you start calling them next week to see if they have received the file and if a case number has been assigned. The NVC can be reached at (603) 334-0700, when the recording starts, press 1, then 5 to be directed to an operator. The best time to call is 10PM-midnight Eastern time, you will be on with an operator fairly quickly during those hours.

[JoeVisa 1]

It may take 30+ days for the NVC to assign a case number, however, don't wait for them to contact you. I suggest you start calling them next week to see if they have received the file and if a case number has been assigned. The NVC can be reached at (603) 334-0700, when the recording starts, press 1, then 5 to be directed to an operator. The best time to call is 10PM-midnight Eastern time, you will be on with an operator fairly quickly during those hours.

Thanks a lot Ryan! I called NVC today and was told that they have my file and to wait 2 weeks for my case number. But I mentioned my request to expedite and he said, “to go ahead and email the nvcinquiry@state.gov - Attn: PI Supervisor Sue and all pertinent information!”

Question:

1) When NVC received this file is this still called “Petition or an Application now?”

2) When is the right time for beneficiary or applicant to email the DS3032?

2a) When we get the case number or wait for NVC to email us?

3) What does AOS and Packet 4 Generate bill means?

3a) Will NVC email me regarding the payment of these bills?

Thanks again in advance for your prompt attention regarding my questions!

Have a nice day or night! As always best regards...

[caly 48]

Thanks a lot Ryan! I called NVC today and was told that they have my file and to wait 2 weeks for my case number. But I mentioned my request to expedite and he said, “to go ahead and email the nvcinquiry@state.gov - Attn: PI Supervisor Sue and all pertinent information!”

Question:

1) When NVC received this file is this still called “Petition or an Application now?”

2) When is the right time for beneficiary or applicant to email the DS3032?

2a) When we get the case number or wait for NVC to email us?

3) What does AOS and Packet 4 Generate bill means?

3a) Will NVC email me regarding the payment of these bills?

Thanks again in advance for your prompt attention regarding my questions!

Have a nice day or night! As always best regards...

1. What's on file at NVC is still your I-130 petition. The application is the DS-230, I believe.

2. We emailed the DS3032 immediately after getting our case number (before they emailed us) and had no problems. But I've seen that other people have gotten replies that their DS-3032 cannot be processed yet. If that happens, just email it again. Remember to give the operator your email and your wife's email address after you receive your NVC case #. The DS-3032 must be sent from your wife's email address.

3. NVC will generate an invoice for your Affidavit of Support (AOS) and Immigration Visa (IV) bill. I'm not sure what the packet 4 is, exactly. Maybe someone one else can help you clarify that. Anyway, NVC will email you when your AOS and IV bills are ready for payment. You can sometimes pay before you get the email. Get your Invoice Identification Number (IIN) from the operator when you receive your NVC case number so you can log into the website to check even before they start emailing you.

So, 2 things to do once you get your NVC case number: give the operator petitioner and beneficiary's email & get your IIN#.

Good luck!

Edited September 10, 2011 by caly

[Ryan H 3,790]

Question:

1) When NVC received this file is this still called “Petition or an Application now?”

I would use the term file or case.

2) When is the right time for beneficiary or applicant to email the DS3032?

2a) When we get the case number or wait for NVC to email us?

2) As soon as a case number is assigned

2A) Keep calling the operators to get it, it will take calling multiple calls before they will have it in the system. They will keep telling you it takes 10-20 business days for the file to be entered into the system. It will probably be closer to 20 business days before you receive a case number. Don't wait for them to send you emails or correspondence, be proactive.

3) What does AOS and Packet 4 Generate bill means?

3a) Will NVC email me regarding the payment of these bills?

3) AOS bill is the Affidavit of Support Bill, once that is paid, you send the NVC the I-864 and accompanying documentation. The other bill is the immigrant visa bill, when that bill is paid, the DS-230 and accompanying documentation is sent.

3A) When you receive your case number, ask for the invoice identification number, you will need it to sign into the payment portal and pay the appropriate bills. When you receive your case number from the operator, they will confirm any email addresses you have on record and ask for one from the beneficiary. The AOS bill will also be emailed to you.

Edited September 10, 2011 by Ryan H

[JoeVisa 1]

Thank you caly and Ryan H for taking the time and for your wonderful input! God bless you both!

Now, my new question is about the I-864 and I-1864a.

Since the beginning, this is the part I dreaded the most. Anyway, since I am the primary sponsor, I have to fill out i864 eventhough I do not have any income the last 3 years (No W-2, 1040's, 1099's etc. to report) and my as the wife principal immigrant thus my household size = total of 2.

My Sister and her husband my Brother-in-law, both retired will be my joint sponsors and I do live with them. My BIL is HOH and will be filling out i864 and my sister will fill out i864a as they file Married Filing Joint on their 1040 tax return the last 30+ years (No W-2s and such but makes enough to sponsor 5 (lets say $50K combined,) income from pensions, social security benefits, etc.) With that said, I/we requested a tax return transcript the last 3 years 2008, 2009 and 2010.

1. So, now it's time complete the i864 for my BIL and i864a for my sister, if necessary?!

2. Question on the income, i864 #24 for my BIL and i864a #10 and #11 for my sister?! On the tax return transcripts their income are combined already as a couple – meaning no specific amount. So, do I still need to break this down for i864 and i864a?

3. Or just a single i864 from my BIL will be sufficient enough for question #24a, b, c and #25? In addition, since both of them are my joint sponsors and have one complete tax return transcripts only the last 3 years.

4. Do I really need to do an i864a for my sister?

5. Since I am using both of their income anyway and my sister will be documented on #24b of my BIL i864 ?!

Any thoughts, anyone? Darnell, Inky, Anh map, Penguin_ie, A&M, pushbrk, caly and Ryan H. I would surely love to hear from you and appreciate everything you have to say regarding this matter. Thanks again you guys – you Samaritans You!!!

[Ryan H 3,790]

1. So, now it's time complete the i864 for my BIL and i864a for my sister,

Yes

Also, your wife (but not you) will be included in the household count of your brother in-law.

[pushbrk 12,102]

Thank you caly and Ryan H for taking the time and for your wonderful input! God bless you both!

Now, my new question is about the I-864 and I-1864a.

Since the beginning, this is the part I dreaded the most. Anyway, since I am the primary sponsor, I have to fill out i864 eventhough I do not have any income the last 3 years (No W-2, 1040's, 1099's etc. to report) and my as the wife principal immigrant thus my household size = total of 2.

My Sister and her husband my Brother-in-law, both retired will be my joint sponsors and I do live with them. My BIL is HOH and will be filling out i864 and my sister will fill out i864a as they file Married Filing Joint on their 1040 tax return the last 30+ years (No W-2s and such but makes enough to sponsor 5 (lets say $50K combined,) income from pensions, social security benefits, etc.) With that said, I/we requested a tax return transcript the last 3 years 2008, 2009 and 2010.

1. So, now it's time complete the i864 for my BIL and i864a for my sister, if necessary?!

2. Question on the income, i864 #24 for my BIL and i864a #10 and #11 for my sister?! On the tax return transcripts their income are combined already as a couple – meaning no specific amount. So, do I still need to break this down for i864 and i864a?

3. Or just a single i864 from my BIL will be sufficient enough for question #24a, b, c and #25? In addition, since both of them are my joint sponsors and have one complete tax return transcripts only the last 3 years.

4. Do I really need to do an i864a for my sister?

5. Since I am using both of their income anyway and my sister will be documented on #24b of my BIL i864 ?!

Any thoughts, anyone? Darnell, Inky, Anh map, Penguin_ie, A&M, pushbrk, caly and Ryan H. I would surely love to hear from you and appreciate everything you have to say regarding this matter. Thanks again you guys – you Samaritans You!!!

When using a couple who both have income and file jointly, it's best to use a complete copy of at least one tax return instead of a tax return transcript. It makes it clear which portions of income are earned by which individual, where a transcript does not.

[JoeVisa 1]

*** Thanks again for the reply Ryan H and pushbrk – you guys are the best!!! :thumbs:

At this time, I am preparing the AOS for myself, my BIL and sister (my joint co-sponsors.) But I just need some clarifications on what form to use (I-864 or I-1864A) for my BIL and my sister. I have been reading a lot in regards to this form/topic here and also from US Dept. of State, NVC sites. Not to mention the use of CAPITAL LETTERS when completing on computer. http://travel.state.gov/visa/immigrants/info/info_3200.html Please let me know if the following below are correct:

1. I will be filing form I-864 as the petitioner and completing the form using CAPITAL letters?!

2. My BIL will be filing form I-864 as a Joint Sponsor as well and he is the head of household, CAPITAL letters again?!

3. My Sister will be filing form “I-864A” as non head of household filing joint with my BIL and combining income to qualify, CAPITAL letters again?!

4. Will be using a complete copy of 1040 tax return 2010 to show the complete separation of income between my co-sponsors. As the “Tax Return Transcript” does not break down income – if the couple is filing jointly in their tax return. (Tax Return Transcripts – I guess only works for individual in this case?!)

5. At any rate, will be enclosing two tax return transcripts 2009 and 2008 for my joint co-sponsors as an option to show 3 years of income.

6. I will be attaching a written explanation and a copy of the IRS Publication 501 showing the filing exemption on my tax return.

Well, that's all for now... can't wait to hear from you guys and thanks again everyone!!!

Edited September 15, 2011 by JoeVisa

[Navyk 78]

*** Thanks again for the reply Ryan H and pushbrk you guys are the best!!! :thumbs:

At this time, I am preparing the AOS for myself, my BIL and sister (my joint co-sponsors.) But I just need some clarifications on what form to use (I-864 or I-1864A) for my BIL and my sister. I have been reading a lot in regards to this form/topic here and also from US Dept. of State, NVC sites. Not to mention the use of CAPITAL LETTERS when completing on computer. http://travel.state..../info_3200.html Please let me know if the following below are correct:

1. I will be filing form I-864 as the petitioner and completing the form using CAPITAL letters?!

2. My BIL will be filing form I-864 as a Joint Sponsor as well and he is the head of household, CAPITAL letters again?!

3. My Sister will be filing form "I-864A" as non head of household filing joint with my BIL and combining income to qualify, CAPITAL letters again?!

4. Will be using a complete copy of 1040 tax return 2010 to show the complete separation of income between my co-sponsors. As the "Tax Return Transcript" does not break down income if the couple is filing jointly in their tax return. (Tax Return Transcripts I guess only works for individual in this case?!)

5. At any rate, will be enclosing two tax return transcripts 2009 and 2008 for my joint co-sponsors as an option to show 3 years of income.

6. I will be attaching a written explanation and a copy of the IRS Publication 501 showing the filing exemption on my tax return.

Well, that's all for now... can't wait to hear from you guys and thanks again everyone!!!

Looks good. When sending the copy of tax return filed, please ensure that all the forms are included (like W-2s and other forms sent). If both your Sister and BIL are using their income, then the Tax Transcripts also does the same work as the copy of the tax returns. Try to include employment letters or latest pay stubs of your Sister and BIL (those are optionla but good to include)

Edited September 15, 2011 by NavyK

[JoeVisa 1]

Looks good. When sending the copy of tax return filed, please ensure that all the forms are included (like W-2s and other forms sent). If both your Sister and BIL are using their income, then the Tax Transcripts also does the same work as the copy of the tax returns. Try to include employment letters or latest pay stubs of your Sister and BIL (those are optionla but good to include)

Thank you NavyK for your prompt reply to my questions. I really do appreciate your time and your expertise as always! :thumbs:

I have additional question regarding my situation – briefly at this time I have two pending petitions going one for my wife (priority date 07/12/11) and one for my stepson (priority date 08/18/11.) Now my question is on my Form I-864 which I am trying to complete but I got hang on the following:

Part 3 Information on the immigrant(s) you are sponsoring.

#8) I marked X box, I am sponsoring my wife in Part 2.

next I marked X box YES (Applicable only in cases with two joint sponsors)

Now my question is on #9) Do I mark the box, I am sponsoring the following family members at the same time or within six months of the principal immigrant named in Part 2 above. But it also states: “Do not include any relative listed on a separate visa petition. And at the same time, my son "might" not be ready to immigrate within the next six months or after April of 2012.

Thank you guys in advance! Have a great night!

[pushbrk 12,102]

Thank you NavyK for your prompt reply to my questions. I really do appreciate your time and your expertise as always! :thumbs:

I have additional question regarding my situation – briefly at this time I have two pending petitions going one for my wife (priority date 07/12/11) and one for my stepson (priority date 08/18/11.) Now my question is on my Form I-864 which I am trying to complete but I got hang on the following:

Part 3 Information on the immigrant(s) you are sponsoring.

#8) I marked X box, I am sponsoring my wife in Part 2.

next I marked X box YES (Applicable only in cases with two joint sponsors)

Now my question is on #9) Do I mark the box, I am sponsoring the following family members at the same time or within six months of the principal immigrant named in Part 2 above. But it also states: "Do not include any relative listed on a separate visa petition. And at the same time, my son "might" not be ready to immigrate within the next six months or after April of 2012.

Thank you guys in advance! Have a great night!

Don't include your stepson because he has his own petition. Count him only as a dependent lower on the form.