NVC & General Questions

[sulhaq 59]

Hello Everyone,

My I130 petition for my spouse was recently sent to the NVC. I have some generic questions if you would be so inclined:

1. I got the AOS Fee Bill from the NVC today and immediately paid it online. Some time later, I re-checked the status online, and saw that the IV Bill was also posted. When I attempt to pay the IV Bill, it doesn't let me. The checkbox next to the Bill is greyed out and so is the "Pay this Fee" button. It won't let me select the Bill to pay. Could this possibly be because the AOS Fee Bill is IN PROCESS? Anyone else experience this?

2. My wife's parents jointly filed for Canadian immigration about 4 years ago. At that time we hadn't even met, so, there wasn't even a thought in her mind that she would ever emigrate to the USA. Now I've filed for her Immigrant Visa to the US, but her Canadian application (Over 4 years old now), is still pending. Could this possibly cause a problem at the consulate when she goes for her interview? So far it hasn't come up at the CSC center or the NVC.

3. My wife has previously visited the US on a visit visa. She did not overstay and went back home in the allotted time. Her Visa later expired and she wanted to visit the US again. So she applied for another visit visa which got denied without prejudice. Could this possibly cause any problems at the consulate?

4. My mother is suffering from Breast Cancer and has recently undergone surgery (about 12 weeks ago). She is now undergoing Chemotherapy which leaves her in an extremely weak state. She cannot even get up to leave the bed for going to the bathroom. There is no one to take care of my mother except me and I am at work from 9am to about 6pm. Under these conditions, would it be possible to ask NVC to expedite our case? I seriously worry about my mother all day at work and would feel infinitely more comfortable if my wife was here to take care of her in this difficult time.

Thank you in advance for all your responses.

Regards.

[Ryan H 3,791]

My answers in bold:

1. I got the AOS Fee Bill from the NVC today and immediately paid it online. Some time later, I re-checked the status online, and saw that the IV Bill was also posted. When I attempt to pay the IV Bill, it doesn't let me. The checkbox next to the Bill is greyed out and so is the "Pay this Fee" button. It won't let me select the Bill to pay. Could this possibly be because the AOS Fee Bill is IN PROCESS? Anyone else experience this?

While the IV Bill shows up in the payment portal, it has not yet been officially invoiced, therefore, you cannot pay it yet.

2. My wife's parents jointly filed for Canadian immigration about 4 years ago. At that time we hadn't even met, so, there wasn't even a thought in her mind that she would ever emigrate to the USA. Now I've filed for her Immigrant Visa to the US, but her Canadian application (Over 4 years old now), is still pending. Could this possibly cause a problem at the consulate when she goes for her interview? So far it hasn't come up at the CSC center or the NVC.

Will not be an issue.

3. My wife has previously visited the US on a visit visa. She did not overstay and went back home in the allotted time. Her Visa later expired and she wanted to visit the US again. So she applied for another visit visa which got denied without prejudice. Could this possibly cause any problems at the consulate?

The refused tourist visa in of itself will not be a problem. She does need to be prepared to answer questions about it though.

4. My mother is suffering from Breast Cancer and has recently undergone surgery (about 12 weeks ago). She is now undergoing Chemotherapy which leaves her in an extremely weak state. She cannot even get up to leave the bed for going to the bathroom. There is no one to take care of my mother except me and I am at work from 9am to about 6pm. Under these conditions, would it be possible to ask NVC to expedite our case? I seriously worry about my mother all day at work and would feel infinitely more comfortable if my wife was here to take care of her in this difficult time.

You can always make an expedite request, just be prepared for your request to be rejected.

[sulhaq 59]

Hey There,

Thank you for your response. I have some more questions so I thought I'd use the same thread again,

1. I have paid both AOS and IV bills now. Both are IN PROCESS. The document cover sheets have been generated for me. When do I send in the applications? Can I send them now or do I have to wait for it to be PAID? Will the NVC tell me when to send?

2. Can I send I-864/DS-230 by e-mail?

3. I am the petitioner of my spouse, my spouse is the only one coming to the US and my salary is the only supporting evidence for I-864. This means I can file I-864EZ. Correct?

4. I started working in 2009. I have my tax returns for 2009 and 2010. In 2008 I was a dependent under my parents and my income was zero. Does that return need to be submitted? (I have checked the box in the I-864 application where it says I am sending last 3 years' worth of returns).

5. I filed an incorrect tax return in 2010 and then later filed an amended return. Do I need to just send the amended return or both original and amended returns?

Thank you for your help again.

[Ryan H 3,791]

I have some more questions so I thought I'd use the same thread again,

Good call!

Answers in bold again:

1. I have paid both AOS and IV bills now. Both are IN PROCESS. The document cover sheets have been generated for me. When do I send in the applications? Can I send them now or do I have to wait for it to be PAID? Will the NVC tell me when to send?

Wait for the payment portal to indicate "PAID"

2. Can I send I-864/DS-230 by e-mail?

No

3. I am the petitioner of my spouse, my spouse is the only one coming to the US and my salary is the only supporting evidence for I-864. This means I can file I-864EZ. Correct?

You can use the I-864EZ

I don't know good answers to questions #4 and #5, hopefully someone else will and can provide you with the answers you need.

[Darnell 8,478]

re: 5 - include both. Failing that, you can get both tax transcripts types instead.

Edited February 14, 2012 by Darnell

[BBCC 16]

3. My wife has previously visited the US on a visit visa. She did not overstay and went back home in the allotted time. Her Visa later expired and she wanted to visit the US again. So she applied for another visit visa which got denied without prejudice. Could this possibly cause any problems at the consulate?

Regards.

My wife had the same situation. After several successful visits from the US from Taiwan, two subsequent B-2 tourist visa applications were denied with a 214b letter. On our DS-260 CR-1 application, we specified these details openly. They had no effect whatsoever at any point in our I-130 petition with USCIS, DS-260 CR-1 application with NVC or at any point with the local US consulate handling the final points in the process. Not even mentioned.

3. I am the petitioner of my spouse, my spouse is the only one coming to the US and my salary is the only supporting evidence for I-864. This means I can file I-864EZ. Correct?

4. I started working in 2009. I have my tax returns for 2009 and 2010. In 2008 I was a dependent under my parents and my income was zero. Does that return need to be submitted? (I have checked the box in the I-864 application where it says I am sending last 3 years' worth of returns).

5. I filed an incorrect tax return in 2010 and then later filed an amended return. Do I need to just send the amended return or both original and amended returns?

I had a similar situation due to unemployment. My income for 2008 was below the 125% poverty level but I was at about the 125% level for 2009 and well above for 2010. The instructions for the I-864 instruct to send the previous year's return which we did. We were never asked to submit any returns for 2008 or 2009 so, in the end for us, it didn't matter.

I am left to wonder whether anyone else has been asked for any prior year returns?

with regard to 5.

You need to send the entire tax return packet. The original 1040, the amendment to the return and the W2s and 1099s associated with it.

Edited February 14, 2012 by BBCC