Petitioner and Beneficiary living together overseas

[NepaliDreamer 8]

I was told this is the easiest type of immigration visa but I am not finding it so because we seem to have a case that doesn't fit in an "immigration channel." I have called USCIS/NVC/DOS/Embassy - No Help. Married and living overseas with "Alien" wife and two children with CRIBA and US passports for seven years now. We want to move to US. Wife needs IR-1 visa.

In retrospect I should have asked when filling out our I-130 what address to use, a useful mailing address or our actual village address. It said "Home Address" on the form so I filled it out as accurately as I could. Mail doesn't get delivered to the mountains of Nepal in 30 days, not even in 60 days. Most often it never shows up. Being naive I used our actual village address when it asked for our home address. I guess in most cases the petitioner lives in the US or they both come to the US on a K visa and get it done in the US.

Ironic thing is,,, we do have internet.

Our I-130 was approved and shipped to the Department of State and no I-797c has arrive in the mail. In fact our I-130 was approved before they even registered the case number in case status online. The only reason I even knew our case number was because I filled a G-1145 E-notification. The case was registered in case status the same day they approved it and it was shipped two days later to DOS. I had no time to contact USCIS and ask what address they were sending correspondence to. Now I have contacted them and they say they don't have access to the case because it was shipped to DOS. DOS hasn't received it yet so can't take any action on it.

I am concerned that I won't be notified in a timely manner, or at all, if they continue to snail mail me all correspondence. How can in interrupt this process and get them to mail correspondence to the US Embassy in Nepal or if not there to another mailable address. Can I request courier delivery like FedEx? Or, I have heard that you can "expedite" the process which essentially puts the case in the hands of the US Embassy instead of the DOS/NVC.

The DOS website explains that I can't assign an agent until they send us, IN THE MAIL, a form DS-3032. DOS even acknowledges that sending mail overseas is time consuming, inefficient and unreliable and then they go on to say you should wait to get DS-3032 in the mail,,,,, what?!

Next question. Isn't this supposed to be handled via consular processing. Why was it shipped to the DOS/NVC?

Any help or suggestions. I have looked around but most stuff relates to the standard scenarios: US Citizen/Spouse brings fiancé to US or US Citizen/Spouse in US while wife waits overseas.

Edited February 15, 2013 by ImmigrationReform

[Darnell 8,478]

you don't need correspondence via postal mail, so that's a plus.

now for the fun news.

Yay Internet !

Find LingChe in the wiki, follow it religiously, as it will be your new bible for the next 30 days.

Seriously, that's all you need - LingChe in the wiki (plus read the links there as well)

Let me know if you can't find it, aye?

[Roosha 51]

Nothing is abnormal about your case so far. This is how it works, even for those of us living overseas with our spouses Unless you're lucky enough to live in a country where USCIS has an office at the US embassy (ie, UK), then you'd be able to file directly with the embassy. But we don't, so we can't!

Go here: http://www.visajourney.com/forums/topic/412212-nvc-filers-february-2013/ and read everything in the first two posts as well as opening links and reading the wikis there too. Good news is that once you have your case number and you've given email addresses to the NVC all correspondence will be by email so don't worry about changing your address. Start getting together your IV and AOS packages to send them to NVC, and make sure you have a joint sponsor if your income is not from a US source.

Good Luck! I'm also a USC filing from overseas, would be happy to help with any other questions!

[NepaliDreamer 8]

Hi,

I don't think we need to file Adjustment of Status (AOS) because she will be coming to the US with me after she gets her Visa packet from the consular at the embassy. She is not coming on a K visa (non-immigrant visa) she is coming on an immigrant visa, therefore no adjustment of status. I thought that consular processing was automatic if the petitioner and the beneficiary were living overseas and applied from overseas.

What does IV stand for. Can't find a page here for acronyms.

I am curious how do I give NVC my email address for all future correspondence? Do they have a website similar to USCIS where we can track the progress of our case?

Thanks Roosha!

Good news is that once you have your case number and you've given email addresses to the NVC all correspondence will be by email so don't worry about changing your address. Start getting together your IV and AOS packages to send them to NVC, and make sure you have a joint sponsor if your income is not from a US source.

Good Luck! I'm also a USC filing from overseas, would be happy to help with any other questions!

[Darnell 8,478]

click the link ! click the link !

[ndu26 114]

Like they said, nothing is strange/abnormal about your case so far. NVC does not communicate by snail mail if you are proactive enough( so no worries yet). yes you DO NOT need to do adjustment of status.The AOS being referred to here is AFFIDAVIT OF SUPPORT for your tax documents( evidence to show petiotioner can support beneficiary). read the LINKS provided in the two posts above especially the one on NVC FILERS FEBRUARY 2013( concentrate on the first two posts in that thread). Then come back and ask for clarifications as needed.

IV stands for Immigrant Visa.

also since you both reside overseas, you will NEED to prove US domicile at the NVC stage for your AOS. so start researching here on how to do that.

[loversunited 2]

Hi,

I don't think we need to file Adjustment of Status (AOS) because she will be coming to the US with me after she gets her Visa packet from the consular at the embassy. She is not coming on a K visa (non-immigrant visa) she is coming on an immigrant visa, therefore no adjustment of status. I thought that consular processing was automatic if the petitioner and the beneficiary were living overseas and applied from overseas.

What does IV stand for. Can't find a page here for acronyms.

I am curious how do I give NVC my email address for all future correspondence? Do they have a website similar to USCIS where we can track the progress of our case?

Thanks Roosha!

Welcome to the forums.

IV stands for Immigration Visa

[dwheels76 5,462]

Hi,

I don't think we need to file Adjustment of Status (AOS) because she will be coming to the US with me after she gets her Visa packet from the consular at the embassy. She is not coming on a K visa (non-immigrant visa) she is coming on an immigrant visa, therefore no adjustment of status. I thought that consular processing was automatic if the petitioner and the beneficiary were living overseas and applied from overseas.

What does IV stand for. Can't find a page here for acronyms.

I am curious how do I give NVC my email address for all future correspondence? Do they have a website similar to USCIS where we can track the progress of our case?

Thanks Roosha!

AOS=Affidavit of Support

You need to really read the first two post in the NVC filers thread attached above. Is your job you have going to continue? You also need to setup domicile. Alot of reading for you. But first hurry and call NVC to give them your email addresses and get your case# so you can start the process to get to the case complete stage.

But read the links.

[NepaliDreamer 8]

Hi all,

Thank you all for your help… really. Without this group who would have a clue.

Will we need a document scanner if we opt-in to email communication with NVC?

I have more than one question… I have read on Form I-864 that when filling affidavit of support overseas there is no $88 fee. However, what I have read on VJ seems to suggest that I have to pay the AOS fee bill before NVC will ship the case to the Embassy. Which of course suggests we have to pay $88 because you have to pay first. I thought with Consular Processing the I-864 and DS-230 were given to the Consular at the embassy along with supporting documents, etc.. for processing?

Before I started this process I went to the US Embassy. I was told at the embassy that they no longer processed the I-130, but they didn't tell me they no longer process any of the DOS documents. Does Consular Processing even exist anymore?

My head is spinning.

[Darnell 8,478]

NVC is a division of the Department of State, as the Consular Immigrant Visa Unit is a piece of the Department of State.

NVC handles document intake for Consular Processing of the Visa Application.

I know it sounds convoluted, but it is what it is.

re: you needing a document scanner - nope. Electronic Communication for your processing with NVC is one way - NVC to you. You can get by with the email template for DS-3032 intake without the need for a scanner (we've a wiki page on how to do) .

so - that 88 bucks for AOS acceptance - is waived when the Immigrant Visa is given from your hand to an IV clerk in Nepal (the true meaning of filing overseas) . Otherwise (and in your particular case) you will be sending all docs into NVC for them to handle the doc intake, so yer paying that 88 dollar fee.

[NepaliDreamer 8]

Darnell,

Thank you for clearing this up. Ever since I spoke with the US Embassy Consular (before we started this process) I have been laboring under this false impression of their usefulness, thus my continued confusion. It seems that calling on any of the government offices for information is counter productive at this point. This is not the way it was before the 2011 shakeup; in 2011 I actually had a long and productive conversation with a consular officer. At that time she advised me to get moving on my wife's immigration visa before the switch.

so yer paying that 88 dollar fee.

[dreamwarrior 0]

You can email your DS-3032 after NVC has received your case. Read the links above. USCIS/NVC will contact you through e-mail for everything (in addition to snail mail) so there's no need to wait for snail mail. Using your foreign address was correct in that it may speed up receiving NOA2. The only thing is that you will need to prove your docimile (did you send proof with the I130?) in the US. It's a good thing to have a place to live set up before coming to the US. The last issue you will deal with is AOS/I864 where you would want 1-3 years of tax returns. If you had not paid taxes since you were living overseas it'd be a good idea to file back taxes immediately. Depending on how picky your consulate is, 1 year of returns (2012-2013) will be good enough.

[NepaliDreamer 8]

Dreamwarrior,

Thank you for your advice. One question which I can not find a clear answer for: my wife and I were considering choosing my mother as the agent on DS-3032 only because she has a US mailing address. Is this wise? I have read that once/if the case gets to the Embassy they might send all correspondence to whomever you have chosen as agent, even if the petitioner and beneficiary both live in-country. That would obviously slow this process down.

We are going to submit our email address as soon as we get our NVC case number (I've been calling every day - 9 days straight) and also send the DS-3032 as an email. After registering for correspondence via email, does anyone know if the NVC still sends snail mail? Some people say that they do, and others say, "no, they won't." If they don't, then I don't have any reason to use my mother's mailing address on DS-3032, do I? If they do send snail mail some of it will eventually come to or remote village, and be opened by who knows who, after we have moved. I really don't want people here having access to that information.

We've already registered our children for school this fall in the US and would like them to have some time to adjust to life in the US first.

Moaning and complaining - I really think that people who have been married eight years shouldn't have their paperwork sent to the NVC. Direct Consular Filing should be an option after the I-130 is approved, especially if both husband and wife are living overseas. That's what I was led to believe when speaking with the consular… apparently that's not the case.

John

You can email your DS-3032 after NVC has received your case. Read the links above. USCIS/NVC will contact you through e-mail for everything (in addition to snail mail) so there's no need to wait for snail mail.

Edited February 27, 2013 by ImmigrationReform

[Roosha 51]

Dreamwarrior,

Thank you for your advice. One question which I can not find a clear answer for: my wife and I were considering choosing my mother as the agent on DS-3032 only because she has a US mailing address. Is this wise? I have read that once/if the case gets to the Embassy they might send all correspondence to whomever you have chosen as agent, even if the petitioner and beneficiary both live in-country. That would obviously slow this process down.

We are going to submit our email address as soon as we get our NVC case number (I've been calling every day - 9 days straight) and also send the DS-3032 as an email. After registering for correspondence via email, does anyone know if the NVC still sends snail mail? Some people say that they do, and others say, "no, they won't." If they don't, then I don't have any reason to use my mother's mailing address on DS-3032, do I? If they do send snail mail some of it will eventually come to or remote village, and be opened by who knows who, after we have moved. I really don't want people here having access to that information.

We've already registered our children for school this fall in the US and would like them to have some time to adjust to life in the US first.

Moaning and complaining - I really think that people who have been married eight years shouldn't have their paperwork sent to the NVC. Direct Consular Filing should be an option after the I-130 is approved, especially if both husband and wife are living overseas. That's what I was led to believe when speaking with the consular… apparently that's not the case.

John

On the same phone call that you get your case number you'll give them your and your wife's email address and after that NVC won't send you anything by snail mail. Is there any problem with designating your mother as the choice of agent? We put my parent's address in the US on the DS-3032 form but so far have been getting all correspondence by email. Whether they sent anything by snail mail I couldn't tell you. It might just be safer to put the US address on the DS-3032, even though you won't need it, but just in case they do send something you don't want some random person seeing it.

How did you manage to register your kids? I'm jealous, our county won't register my son until we're physically there

I agree about the DCF, I've been overseas for the past 8 years, it just makes more sense for the embassy here to process my case, they "know" us better anyway with all the paperwork and procedures (passport renewals, CRBA, etc) I've had to do through them!

Last but not least, come join the NVC filers! We all hang out in one thread and update each other about cases and whatnot, it'll give you a better idea about when to expect your case number/bill invoice/etc. This is the february thread: http://www.visajourney.com/forums/topic/412212-nvc-filers-february-2013/ but we move to a new thread every month so there will be a new one in a couple of days for March.

[N-o-l-a 7,167]

How did you manage to register your kids? I'm jealous, our county won't register my son until we're physically there

I agree about the DCF, I've been overseas for the past 8 years, it just makes more sense for the embassy here to process my case, they "know" us better anyway with all the paperwork and procedures (passport renewals, CRBA, etc) I've had to do through them!

Last but not least, come join the NVC filers! We all hang out in one thread and update each other about cases and whatnot, it'll give you a better idea about when to expect your case number/bill invoice/etc. This is the february thread: http://www.visajourney.com/forums/topic/412212-nvc-filers-february-2013/ but we move to a new thread every month so there will be a new one in a couple of days for March.

They definitely need to bring back DCF.

We were also unable to register my daughter until we are back in person, but the school was so incredibly sweet about it and gave me all the information.