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danilu391

We need help-how to start the application process

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Hello, I had a couple of questions regarding the process. I'm from Venezuela, I've been here for a year, and I'm engaged to an American citizen and we want to get married in a month, but we are a little lost, so these are the things that we need help with:

  • We want to get married but I've been here for a year and 2 months ago, my permission to be here expired, I came here on a tourist visa B1/B2, I was wondering what we need to get married?
  • My 2nd question is what are the steps that we need to follow to start the process for the spouse visa? I will appreciate all the information you can give us.

Thanks.

Dani and Dave.

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Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

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Yep, pretty straight forward, I have asked that this be moved to the right forum.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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We are slightly confused. Is it possible to apply for the Visa without her leaving the US? With Venezuela being at political warfare, its next to impossible to complete the application and we want to be able to start this process asap. Thank you for the info and your time

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The guide Hypnos linked you to says "Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US". She doesn't need to leave the US.


 

~12-25-2006: met online (a blog site)
05-01-2013: FINALLY MET IN PERSON! in Canada
05-04-2013: finally became a couple
06-14-2014: got engaged
08-08-2014: got married in Canada
09-18-2014: sent I-130 via UPS, 142 pages in total
09-19-2014: I-130 arrived and signed for
09-24-2014: NOA1 text & hard copy received same day, Vermont Service Center
11-20-2014: NOA2 (I-130 approval!) hard copy received, 57 days from NOA1


12-08-2014: NVC received case
01-14-2015: case number and IIN number received via email
01-14-2015: DS-261 submitted
01-14-2015: AOS fee paid
01-22-2015: IV fee paid
01-24-2015: DS-260 submitted
01-25-2015: AOS and IV documents submitted electronically
02-18-2015: petitioner's proof of US domicile submitted electronically
02-25-2015: email confirmation received (31 days after sending!), scan date of 01-26-2015 <--60 day wait starts
03-24-2015: email confirmation received (34 days after sending!), scan date of 02-18-2015 <--60 day wait starts (a 2nd time)
03-31-2015: case completed at NVC! 2/18 documents got reviewed with the 1/26 ones, 64 days from original scan date

 

04-07-2015: case complete email received
04-22-2015: interview date email received
05-13-2015: medical in Montreal

05-19-2015: picked up medical results
05-20-2015: interview in Montreal --- APPROVED!, 238 days from NOA1

05-25-2015: passport/visa received!

05-30-2015: POE, Calais/St Stephen land crossing, 248 days from NOA1

06-03-2015: paid ELIS fee

06-10-2015: SSN received

07-02-2015: green card received!


03-13-2017: sent I-751 via USPS to Vermont Service Center, 156 pages in total 
03-14-2017: I-751 arrived and signed for

03-23-2017: NOA1 received, dated 03-16-2017

04-07-2017: biometrics appointment letter received 
04-18-2017: biometrics appointment 

02-05-2018: I-751 approval received!, dated 02-01-2018

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We are slightly confused. Is it possible to apply for the Visa without her leaving the US? With Venezuela being at political warfare, its next to impossible to complete the application and we want to be able to start this process asap. Thank you for the info and your time

You won't be filing for a visa. Visas are used to enter the US. She is already in the US, so no visa needed. Follow the guide that was linked above. You will be sending the I-130 petition and the I-485 for adjustment of status, along with a few other forms, all together at one time.

Green card for immediate relative > http://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen

Concurrent filing > http://www.uscis.gov/green-card/green-card-processes-and-procedures/concurrent-filing

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Hi, thanks for answering, it's been very helpful. We read that I-130 form and we're really confused because it said that I would have to go back to Venezuela to fill out the form and have the interview. Sorry for asking this again but we just want to start this process

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Hi, thanks for answering, it's been very helpful. We read that I-130 form and we're really confused because it said that I would have to go back to Venezuela to fill out the form and have the interview. Sorry for asking this again but we just want to start this process

When I filed the I-130 with an I-485 for my wife about 5 years ago, we didn't have any issues. I know what you are referring to page two ask for your foreign address and the name of the Embassy. Well, I called USCIS back then and was told that you can't leave any blanks, so for the foreign address we put down her parents address overseas.

So, for number 19 it ask for your relative's (beneficiary) address abroad, put down the address of a family member in Venezuela. For number 22 you do fill it out since you are applying for adjustment of status. For the city, state line fill in the city that has the USCIS field office that has jurisdiction over your US address. On the right side it ask for a city and country, which is used if they find that you can't do adjustment of status and forward it onto the State Department. You should put down Caracas, Venezuela.

Since this is an immediate relative of a US Citizen (IR-6/CR-6) you will be able to to adjustment of status here in the US and do not have to leave.

At this time you should start looking for a civil surgeon to have your immigrant medical exam done (I-693) https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIVYou should also make sure that you have all of the necessary documents that are required at the time you file, such as a copy of the birth certificate for the beneficiary and a copy of proof of US Citizenship status for the I-130 petitioner.

Edited by dhlunar

Here is the information regarding the cases for my in-laws (wife, their daughter, is the petitioner under the IR-5 category, Parents of a USC):

Submit I-130 (2 petitions) to USCIS on May 30, 2013

USCIS approved the cases on March 10, 2014.

Received notice online from USCIS the cases were sent to NVC on March 17, 2014.

NVC received the cases on March 28, 2014

The case numbers were created on Monday, April 28.

We received the numbers by phone on Friday, May 2.

DS-261 became available on both cases late in the evening on Friday, May 2. Both DS-261 filed on Saturday, May 3.

Received emails to my wife regarding AOS at around 8am on Wednesday, May 7. At the same time received emails that were cc of letters sent to my in-laws. However, the date of all of the letters was Monday, May 5.

Received emails regarding the Immigrant Visa Fee at around 11:15am on Wednesday, May 7. IV fees became available online at around 1pm on Wednesday, May 7. Date of invoice was Tuesday, May 8.

Paid all the fees on Wednesday, May 7 at around 1:15pm.

All fees marked as paid and DS-260 become available sometime late on Friday, May 9.

Dropped off IV and AOS packages (in two different envelopes - 1 for AOS and 1 for IV documents) at the local post office at around 2pm on Saturday, May 10.

Submitted DS-260 (for both cases) around 10am on Sunday, May 11.

Both document packages received by NVC on Monday, May 12 (according to Post Office Tracking - one around 1pm and the other around 4pm. Don't know why they got separated.)

Received checklist email for both cases at 4pm on Thursday, June 12 regarding the IV civil documents

Wife called NVC in the afternoon of Friday, June 13 to inquire about the checklist. Told by a representative they are normal and automatic and not to worry. AOS under review. Call back after Tuesday, June 24.
Received a checklist for my father-in-law on Monday, June 16. NVC reviewed his AOS paperwork, but waiting for the documents the requested the week before.

Wife called NVC in the morning of Tuesday, June 17. Told by the agent they don't have the document requested for dad, and they don't have the AOS package for her mom.

Put in a request with our Senator to get more information. Response was mother-in-law is documentary complete and father-in-law was in document review for the military document.

Wife called NVC on the morning of Tuesday, July 1 and spoke with a supervisor regarding her dad's military document. Supervisor said she would look into it.

Supervisor called us and left a voicemail on the morning of Wednesday, July 9 and stated they have located my father-in-law's military documents. Case sent back to document review.

Per conversation with an agent, the expedited request originally requested by email on July 7, was sent to the Embassy on Thursday, July 10.

Received by postal mail on Thursday, August 21 from our Senator regarding the response of another inquiry. Still the same.

Early in the morning on Friday, August 22:

Wife calls the Embassy and was told the IV section doesn't accept calls, and was given a number in the states that turned out to be scheduling assistance for NIV interviews.

Called NVC as soon as they opened and was told the Embassy denied the expedite request, but the case was completed by NVC on Monday, August 18. Wife inquired about interview scheduling, and was given some good information.

At 5 PM on Thursday, September 11, received the interview letters. Interview is scheduled for the morning of October 9.

Mother-in-law approved. Father-in-law placed in Administrative Processing due to follow-up TB test.

CEAC stated ISSUED for my mother-in-law on October 15. DHL had the package for pick up on October 17 but called the wrong number. Package picked up on October 27.

On December 11 mother-in-law received a phone call from the Embassy that the medical is back for my father-in-law and to DHL his passport to them. Passport sent on December 12.

On December 18 CEAC updated to ISSUED for my father-in-law. My wife is happy!!!! Embassy said they gave it to DHL on December 19

Due to a DHL delay the package did not become available for pick up until December 24. USCIS Immigrant Fee paid the same day.

POE: JFK Terminal 1 - December 26, 2014 - They are finally here!!!

Took them to a local SSA office to get SSN on January 6, 2015. Cards received on January 10, 2015.

Green Cards received by priority mail on January 23, 2015 (four weeks after arrival).

Both went to motor vehicles and got state issued ID cards on April 11, 2015.

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Hi, thanks for answering, it's been very helpful. We read that I-130 form and we're really confused because it said that I would have to go back to Venezuela to fill out the form and have the interview. Sorry for asking this again but we just want to start this process

The I-130 instructions actually mention the beneficiary being inside the US and filing the I-130 with the I-485 on page 5. It lists the address to mail it all to in that case.

On #22 of the actual I-130 form, it tells you to fill out the city and state of your local USCIS office if your relative is in the US and will be filing for adjustment of status.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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KayDeeCee gave you perfect information, you need to get married, follow the guides for I-130 from inside thee USA, and visit this site regularly as you can learn so much on this site.

I would spend about 1 hour per day, when you can, reading about the processes in the USA.

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The I-130 instructions actually mention the beneficiary being inside the US and filing the I-130 with the I-485 on page 5. It lists the address to mail it all to in that case.

On #22 of the actual I-130 form, it tells you to fill out the city and state of your local USCIS office if your relative is in the US and will be filing for adjustment of status.

We have a question regarding this form. We want to get the form started but it's prompting us to pay for a fee right away. Is there a way to print out the form so we can fill it out so we can get started? The webpage uscis.gov is trying to get us to pay a $240 assistance fee and we don't want the assistance. We don't know how to get straight to the form. Please help us and thank you for your time.

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We have a question regarding this form. We want to get the form started but it's prompting us to pay for a fee right away. Is there a way to print out the form so we can fill it out so we can get started? The webpage uscis.gov is trying to get us to pay a $240 assistance fee and we don't want the assistance. We don't know how to get straight to the form. Please help us and thank you for your time.

All the forms are free for download from http://www.uscis.gov/ So not sure where you went that asked you for the $240 assistance fee.

Here are the direct links to the forms:

I-130: http://www.uscis.gov/sites/default/files/files/form/i-130.pdf

I-485: http://www.uscis.gov/sites/default/files/files/form/i-485.pdf

Edited by Zedayn

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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We have a question regarding this form. We want to get the form started but it's prompting us to pay for a fee right away. Is there a way to print out the form so we can fill it out so we can get started? The webpage uscis.gov is trying to get us to pay a $240 assistance fee and we don't want the assistance. We don't know how to get straight to the form. Please help us and thank you for your time.

What USCIS page asks for $240?

http://www.uscis.gov/forms

USCIS FORMS ARE FREE: Download them on this site (forms can be filled out using the latest version of Adobe Reader.) Order forms by mail or by calling 1-800-870-3676. Don't pay anyone for copies of our forms.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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What USCIS page asks for $240?

http://www.uscis.gov/forms

USCIS FORMS ARE FREE: Download them on this site (forms can be filled out using the latest version of Adobe Reader.) Order forms by mail or by calling 1-800-870-3676. Don't pay anyone for copies of our forms.

We're very grateful for your help, we got confused with the process, it's nice to know that there's people like you and the people on this page willing to help.

Thanks again :)

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