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swzeng

Advice for Family Petition after two years

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Hi all

So this is regard with a brother/sister petition of US Citizen. In 2012, we received the notification for steps for case to be sent to GZ China, however due to family reasons we have missed to follow up and thought the case would be expired. Anyway, as of last night, we got an email with the following letter from NVC. We are excited now learning that there still might be chance to go forward according to this letter and wish to continue the process. So I am wondering if anyone had went through this process or familiar with this process. Also, just to be sure I am understanding this correctly that this is really another chance to continue? I tried calling NVC all day today, but can hardly get anyone on the phone to answer. Thus I am turning to this site and hope to get some feedbacks. I want to thank you in advance for any feedbacks and suggestions. Thanks!

NVC Case Number: #########

Dear ########:

The Department of State's National Visa Center (NVC) advised you of the necessary steps to prepare for an appointment to file a formal application for an immigrant visa. Our records indicate that to date you have not contacted the NVC in more than a year. If our records are in error and you have, in fact, contacted NVC within the last year, or if you have not yet contacted NVC but still wish to pursue your immigrant visa application, please follow the instructions below immediately. Completion of these steps is mandatory for the filing of an application at the time of interview. No visa can be issued unless these steps have been completed.

Section 203(g) of the Immigration and Nationality Act requires the Secretary of State to terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification of the availability of a visa number. THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE. FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER.

To pursue your immigrant visa application and avoid termination of your registration, you must immediately notify the NATIONAL VISA CENTER AT THE ADDRESS ON THE NEXT PAGE. Upon receipt of your letter, the National Visa Center will send you information on applying for your immigrant visa. If you do not request information on applying for your immigrant visa within one year of the date of this letter, your immigrant visa registration will be terminated.

If you are no longer interested in pursuing your immigrant visa application for any reason, please complete the attached sheet and return it to the National Visa Center at the address given.

If you have any questions or are experiencing difficulty in complying with the above instructions, please contact the NATIONAL VISA CENTER AT THE ADDRESS ON THE NEXT PAGE or call (603) 334-0700 between the hours of 7:30am to midnight Eastern Time.

Sincerely,

Director
National Visa Center

Case Number: #######
Applicant Name: #########
Last Contact Date: 17-APR-2012

(Please check one:)

[ ] Yes, I wish to pursue my immigrant visa application, please send me information on applying for my immigrant visa. I understand I will have to resubmit all required fees and documents in order to continue the immigrant visa process.

No, I do not want to pursue my immigrant visa application for one of the following reasons:

[ ] I have adjusted status. (Please send a copy of both sides of your alien registration card.)

[ ] I have received an immigrant visa through another petition and am now a permanent resident. (Please send us a copy of both sides of your alien registration card.)

[ ] I am no longer interested in immigrating to the U.S.

[ ] Other. (Please explain.)

__________________________________________________________
(Signature)

Please inform us by returning this page to the address below:

United States Department of State
National Visa Center
Attn: WC/MFL
31 Rochester Avenue, Suite 200
Portsmouth, NH 03801-2915
U.S.A.

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It does sound like you are still able to proceed with the case since they haven't officially terminated it. I would send this letter ASAP and make a copy for yourself. Also keep trying to contact them, you should be able to connect with someone. They are less busy in the night when they are about to close and early in the morning right after opening, I'm not sure of their hours. Also try emailing them regarding your desire to proceed with the visa process. You definitely want to make contact with them ASAP even though they gave you a year from the date of the letter. Remember that even if you can't proceed with the case at a given time, it's important to maintain contact with them at least once a year so that your fees won't expire.


This does not constitute legal advice.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Ok, great thanks! So yes I called the NVC early morning and re-opened this case. I just got the LIVAOS COMBINED FOR NEOPOST DS-1200 email this morning and made the payments online for IV Fee Payment Receipt.

120 for the petitioner

320 for each of the applicant

So I guess the next step is for interview schedule? Also my father is the petitioner applying for my uncle and aunt and my father is currently retired. I have sufficient income filling to help on the affidavit of support. Where and how I do submit this form? Any advice? Thanks!

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No. After you pay the fees, the next step is to submit the AOS (affidavit of support) package and the IV (immigrant visa) package. This is where you submit evidence of financial support including the I-864 and civil docs like birth and marriage certs.

For the AOS, your dad still has to file his own I-864 even if has no income and you will be the joint sponsor. If he does have some income, like social security he has to include it on the I-864 and submit proof of that income. Also, if he isn't required to file taxes he needs a statement as to why he isn't required to file and a copy of the IRS publication that exempts him from filing.

As for you as the joint sponsor, you need a separate I-864. If you live with your father, you can use form I-864A and combine your income with your dad's.

I will provide a few links with the next steps:

Please read the info in each step,

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/approved/contact.html

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/Step_4_Collect_Financial_Documents.html

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/Supporting_documents.html


This does not constitute legal advice.

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Once everything is submitted to the NVC, everything will be reviewed for completeness. Then you will receive a case complete letter, you may or may not receive the interview letter with this.

Sometimes you may receive the case complete letter first and then the interview letter a couple of months later because this depends on how busy the consulate is.

Keep in mind that any mistakes on the forms or any missing docs will result in what is called a checklist and will delay the case until you submit whatever is missing or incorrect and they review it again.


This does not constitute legal advice.

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Filed: Timeline

Ok, great thanks! So yes I called the NVC early morning and re-opened this case. I just got the LIVAOS COMBINED FOR NEOPOST DS-1200 email this morning and made the payments online for IV Fee Payment Receipt.

120 for the petitioner

320 for each of the applicant

So I guess the next step is for interview schedule? Also my father is the petitioner applying for my uncle and aunt and my father is currently retired. I have sufficient income filling to help on the affidavit of support. Where and how I do submit this form? Any advice? Thanks!

Check this document regarding whole NVC process. Follow each and every step and you will save lot of time resending paperwork

http://www.visajourney.com/wiki/index.php/NVC_Process

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I don't know about that, I think I read somewhere that it was optional, but I'm not sure. In any case, it's the same thing, the only thing is that they would send scanned copies or whatever format is it that they require, instead of the original docs.


This does not constitute legal advice.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Hi all,

So, the ceac.state.gov finally show the fees are paid. Just to make sure I am understanding this correctly, please let me know if I am missing anything below. Thanks!

  1. My dad is the the petitioner for this process however he currently retired without any income and so I will be the joint sponsor for meeting that number. My tax return should be sufficient enough for this after checking the poverty limit. My question is that do we both need to fill out the I 864? My dad live with me for the past 5 years and I claimed him as dependent on my tax returns every year. Do I still need to write a letter of relationship in this case?
  2. So I see the IV Application link for the applicants (my uncle and my aunt) in ceac.state.gov --> I assume this is the online application for DS - 260?

Since this is a brother/sister application, is there still any evidence materials needed to submit?

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Your dad has to fill out the I-864 because he is the petitioner. You could either fill out an I-864 or an I-864A. If you fill out the I-864A, you still have to submit proof of your relationship to your dad and proof of the same residence because he is the petitioner, if it would have been the other way around it wouldn't be necessary. The proof of residence would be the taxes you have to send as well as proof your current employment. The proof of relationship would be a copy of your birth cert.

Since your dad is part of your household because he is your dependent, it may be better to fill out the I-864A. You have to include last 3 years of your taxes and your dad has to include a written statement stating why he wasn't required to file taxes if he has no income. Please note that his being your dependent doesn't imply that he isn't required to file.

Yes, the IV application is the DS 260.

Yes, when you fill out the DS 260 you should be given a link to the instructions of the civil docs that are required.

You can find this at travel.state.gov and go to immigrate section.


This does not constitute legal advice.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

you might want to check into the OPTIONAL Electronic Processing for NVC/Guangzhou -

can't find the info at DOS' website anymore - but basically you must enroll (via email per applicant) into the EP program.

it shaves time ONLY between 'case complete' and 'interview date set' timeticks, which, compared to paper,

shaves off 2 to 5 months of dead zone time.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Thanks Ian!

Darnell - how are you? Thanks for bringing up the electronic opt in. I almost forgot about this ( yea only just a year ago..). Anyway this is what I sent to ask for opt in for my wife last year. I assume this would be the same format? And also this need to be sent after I-864, I -864 A, and DS 260 are completed right?

From:
Sent: Saturday, May 11, 2013 1:18 PM
To: NVCElectronic
Subject: OPTIN GUZ#########

Hi

We request our case to enter the OPTIN option electronic process, see below details. Thanks!

Petitioner's Email Address: @gmail.com
Beneficiary's Email Address:
@qq.com
Petitioner's name:
Beneficiary's name:
Petitioner's Date of Birth:
Beneficiary's Date of Birth:

Regards,

Edited by swzeng

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Filed: IR-1/CR-1 Visa Country: China
Timeline

eh - i think shifted to 'ENROLL' instead of 'OPTIN' ...

check out Ryan H's stuff soonish.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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