I-130 and f2a process

[y030910 0]

Hi,

I am an LPR who wants to sponsor his spouse. As I understand it; I file the I-130 and once uscis receive it and give me a receipt that date becomes our priority date. We have to wait till this date becomes current on the visa bulletin webpage which seems to be approx. 1.5 years at the moment. My question is where does the I-864 come into play? Do they send this to you in a welcome pack once the PD is current or before it is current?

Also do you send evidence of domicile with the i864 or take it to the interview?

[teeak 224]

Yes, usually the PD is around the same date as the receipt date but, not exactly the same. Right, you have to wait until your PD becomes current, however, starting with the OCT visa bulletin, they have a new process in place where people who have a PD earlier 01 MAR 15, can begin processing at NVC if their petition is already approved even though they only have visas available for only those whose PD is earlier than 15 APR 14.

The I-864, you will submit once your petition is at NVC. You will first receive a welcome letter from NVC with a checklist of items. The I-864 will be one of the things you'll need to complete and you can find the form on the USCIS website. Evidence of domicile is usually only required for petitioners who live abroad and you'll need to include with the I-864 when you send it to NVC.

[y030910 0]

Yes, usually the PD is around the same date as the receipt date but, not exactly the same. Right, you have to wait until your PD becomes current, however, starting with the OCT visa bulletin, they have a new process in place where people who have a PD earlier 01 MAR 15, can begin processing at NVC if their petition is already approved even though they only have visas available for only those whose PD is earlier than 15 APR 14.

The I-864, you will submit once your petition is at NVC. You will first receive a welcome letter from NVC with a checklist of items. The I-864 will be one of the things you'll need to complete and you can find the form on the USCIS website. Evidence of domicile is usually only required for petitioners who live abroad and you'll need to include with the I-864 when you send it to NVC.

If I want to wait till the PD becomes current normally without using the new process do I submit the i864 once the priority date becomes current? If so how long does it take from there to have the interview and get the visa if everything meets the requirements?

[teeak 224]

Yes, you'll have to submit other things along with the I-864. Once your PD becomes current, NVC will send you a welcome letter, although I think they've been sending welcome letters to those people whose dates fall within the cutoff according to the new process.

Here's the NVC link where you can see the process and items you'll need to submit: http://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/Step_4_Collect_Financial_Documents.html

Usually it takes about 30 days once you submit everything to NVC. Then once you get the case complete, you wait for an interview to get scheduled which can range from 3 weeks to 4 months depending on your embassy. After the interview is scheduled, complete the medical, once the visa is approved, you'll have 6 months after the date of your medical to arrive to the US.

[y030910 0]

Yes, you'll have to submit other things along with the I-864. Once your PD becomes current, NVC will send you a welcome letter, although I think they've been sending welcome letters to those people whose dates fall within the cutoff according to the new process.

Here's the NVC link where you can see the process and items you'll need to submit: http://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/Step_4_Collect_Financial_Documents.html

Usually it takes about 30 days once you submit everything to NVC. Then once you get the case complete, you wait for an interview to get scheduled which can range from 3 weeks to 4 months depending on your embassy. After the interview is scheduled, complete the medical, once the visa is approved, you'll have 6 months after the date of your medical to arrive to the US.

Okay the reason why I want to wait till the last minute to submit the i864 is because I am still completing my professional certification after my studies in my home country for this time I would like to be with my spouse because the time for pd becoming current is roughly the same till I get my certification. If I do fill out i864 earlier, do you think I can prove domicile as I am only temporarily in my home country and have a reentry permit.

I have always kept an address in the USA where my bank statements go and my driving license is registered to. Closer to the time I will sell my car in my home country and buy a car and insurance in USA when preparing to move as well as get a lease agreement with my family to rent a part of their house out. As for the income, I have a co sponsor. I do also have a mobile phone bill but it's not one of those contract ones. Do you think this will be enough to prove domicile? I only ever stayed outside the USA temporarily due to the reasons said above because by the time I got my LPR status I was already bound in a contract to finish my studies in my home country.

Edited October 21, 2015 by y030910

[teeak 224]

Ahh, I see. Yes, as long as you maintained ties to the US, then it should fine. Bank statements, driver's license, lease agreements are great pieces of evidence. You won't even need to provide the phone bills. You just need to move back to the US before your spouse immigrates.

After the case gets to NVC, you are given 1 year to submit all the required documentation. If you want during that time, you can move back to the US and re-establish yourself once your ready and then submit the I-864 and all other documents.

[y030910 0]

Ahh, I see. Yes, as long as you maintained ties to the US, then it should fine. Bank statements, driver's license, lease agreements are great pieces of evidence. You won't even need to provide the phone bills. You just need to move back to the US before your spouse immigrates.

After the case gets to NVC, you are given 1 year to submit all the required documentation. If you want during that time, you can move back to the US and re-establish yourself once your ready and then submit the I-864 and all other documents.

Okay so does the NVC get the petition once the PD is current? Maybe I have misunderstood but from your earlier statements I am thinking that the nvc is sending out these welcome packs before the PD becomes current and since I have one year limit to submit the evidence and documentation they require does that mean I will have to be in the USA before those 1.5 years? As of now I also get my certification in about 1.5 years and have a reentry permit which covers this period so I don't know how to go about doing that.

[teeak 224]

NVC gets the petition once it's approved. They used to send the welcome letter a few months before the PD would become current but now they've been following the new process and sending it based on the cutoff date of the second table on the visa bulletin.

Sorry I should've been clearer before, what you can do is delay submitting documents to NVC if they send you the welcome letter. As long as you are in correspondence with them at least one time within a year then your petition will stay alive at NVC.

For example, lets say you receive a welcome letter on Jan 1, 2016. As long as you communicate with NVC somehow at least once till Jan 1, 2017 (phone, e-mail, mail), your petition will remain at NVC and won't be sent back to USCIS. So, I guess, technically it's not a 1 year deadline to submit the documents.

Important to note is that an interview won't be scheduled until the PD is current so even if your case is completed an interview won't be scheduled until your PD falls within the cutoff date of the VB.

[y030910 0]

NVC gets the petition once it's approved. They used to send the welcome letter a few months before the PD would become current but now they've been following the new process and sending it based on the cutoff date of the second table on the visa bulletin.

Sorry I should've been clearer before, what you can do is delay submitting documents to NVC if they send you the welcome letter. As long as you are in correspondence with them at least one time within a year then your petition will stay alive at NVC.

For example, lets say you receive a welcome letter on Jan 1, 2016. As long as you communicate with NVC somehow at least once till Jan 1, 2017 (phone, e-mail, mail), your petition will remain at NVC and won't be sent back to USCIS. So, I guess, technically it's not a 1 year deadline to submit the documents.

Important to note is that an interview won't be scheduled until the PD is current so even if your case is completed an interview won't be scheduled until your PD falls within the cutoff date of the VB.

By cutoff date do you mean e.g. 15apr14 for October 2015? If so that means that I can correspond with NVC to delay sending documentation but complete the case i.e. send all documentation before the PD is current and then she gets her interview and everything can take about 3 weeks to 4 months plus a couple of months for medical etc to process after the PD is current while I'm in the USA ? I apologise if I am repeating my questions or misunderstanding, this stuff is confusing and I just want to be clear. Edited October 21, 2015 by y030910

[teeak 224]

Yes, that is the cut off date. However, people who have a cutoff date before 01 MAR 15 and have approved cases have been receiving welcome letters and have been processing their cases at NVC.

Yes, correspond with NVC, delay sending documentation. If you complete the case before PD is current, wait until it's current. Get the interview and by then you will probably be back in the US.

Given the fact that you have 1 year to correspond with NVC and your program will be completed within 1.5 years, factoring I-130 approval time and waiting for the PD to become current, I think you'll be in the clear.

Edited October 21, 2015 by teeak

[y030910 0]

Yes, that is the cut off date. However, people who have a cutoff date before 01 MAR 15 and have approved cases have been receiving welcome letters and have been processing their cases at NVC.

Yes, correspond with NVC, delay sending documentation. If you complete the case before PD is current, wait until it's current. Get the interview and by then you will probably be back in the US.

Given the fact that you have 1 year to correspond with NVC and your program will be completed within 1.5 years, factoring I-130 approval time and waiting for the PD to become current, I think you'll be in the clear.

Okay that sounds good. it looks like I get to complete my certification and will probably have to live seperately for less than a year as long as things go well. Thank you very much for your help!