SB-1 process - blog

[Nitas_man 3,100]

So we will be starting the SB-1 process by submitting the DS-117 application this week. 

 

Reason for being out of country:  Employment of USC spouse

Ties:  The usual - property and finances all in the US

Length of time out of US:  20 months beyond expiration of travel document

Green card validity:  Until 2022

Embassy:  Riyadh

 

This should be fun. 

 

It should be noted that we have a pre-filled form to surrender the green card and pre-prepared I-130 package ready to go

 

 

 

Edited September 16, 2017 by Nitas_man

[Nitas_man 3,100]

OK so we put the application to determine resident status in a nice thick 50 page package and emailed it off to the embassy last week.  

It contained:

Bank stuff, car titles, car insurance, current drivers license info, credit card stuff, investment stuff, and storage building rental receipts showing that our things are stored while i'm working.

 

We were scheduled for interview today.  

 

The guy asked a lot of questions to my wife about being out so long. Gave a bit of a hard time until I explained that its my job and our kids that kept her out of the country, and it isn't like there is a path anyway to abandon status for saudi arabia - wives and kids are essentially sponsored by the worker who is sponsored by the company he works for and outside of that there is no category of legal status to abandon for.  

 

So he appoved us, gave us a Packet III, and moved us forward to apply for an SB1.

 

She needs a new medical, police cert, an I-134 from me, and we're back in business.

 

 

[Nitas_man 3,100]

So SB1 is pretty straightforward. 

 

Step 1:  DS-117 interview at the embassy.  I emailed them and asked them what to do.  They asked for my mobile number to discuss the case.  They called me and I told them our situation.  The guy I talked to was very sharp and to the point and asked a lot of questions about our situation.  Then he instructed us to prepare a DS-117 package, scan it, and email it to the IV section.

 

Two days after we scanned and emailed the package, we got an email with an interview date and time.  It was very quick.  These are some of the things that we learned.

 

1.  Applicant has to be eligible up front for immigration benefit as if it was a brand new case. 

They pretty much review everything.  Marriage, household arrangements (live together etc), accounts, assets.  The best thing to do is bring everything that you would attach to an I130 package.  For a married couple that's a pretty easy hurdle to overcome. 

 

2.  Applicant has to be outside the country for reasons not under their control.

This one is tough to overcome.  Hospital or jail or incapacitation is the usual reason, so said the CO.  Accompanying a USC spouse/children is very, very gray.  This was our reason.  So it came down to intent to abandon.

 

3.  Applicant has to show that there was no intention to abandon residency.

These were the questions we answered and documents we had to provide.

 

Where is your property?  Some stored some here and some at our permanent US address.  Here's the address and here are the bills to store it.  It's also on the tax return.  Here are the titles to our vehicles.  Here is the current insurance.  Here are our drivers licenses.  These at our permanent address. 

 

Still filing taxes?  Yes, here is the tax return

 

Where is your bank?  US.  Not a cent is banked here.  We use our US bank card and US credit cards if we want to buy something or do business

Bank statements, credit card statements need to be availed

 

Other things:  Investments - in the US.  Retirement/pension - in the US.  Provide it and show where it is.

 

What is here?  Just normal day to day household items.  No property owned.  We rent.

 

Did you get a travel document?  Yes, here it is.  It's expired.  Our issue here and the reason we ended up here is primarily because of the timing related to the renewal of the travel document.  Last time we used it there was 6 months validity.  It expired before we could return to the US and arrange a window to renew it.  So, instead of risking an airport entry and a case in immigration court, we chose this route with full knowledge that there was a possibility of starting over.  Here's the I130 package.  We know the rules and we are willing to 1.  Abandon the green card today to get it off the immigration books then 2. Mail this I130 package in and start over.

 

Do you work?  Question to my wife.  Answer:  Not allowed to work here.  USC husband company sponsors USC as employee, USC sponsors family dependents.  Pretty important.  Written on the visa in the passport.  Were our situations reversed and she left the US for another job in another country I don't believe we would have had a case.  Just an opinion.

 

It was enough.  The CO told us our case was close but based on the situation and documentation provided he felt that we demonstrated that we maintained ties to the US.

 

Requirements after the initial interview:

 

It is a packet III with a lot of things crossed out. 

I-134 instead of I-864

Police clearance certificate

Photos

Medical exam

Fees

 

Then we will be scheduled for the actual IV interview.

 

Edited September 22, 2017 by Nitas_man

[Nitas_man 3,100]

Police certificate applied for.  By end of next week, we will be ready for the actual visa interview and medical. 

 

NOTE - a Saudi police certificate is a pain.  Get a letter from the embassy in Arabic requesting one.  Have that letter attested by Ministry of Foreign affairs, which means pay $8.75 online, get the receipt, then bring the receipt and letter to the MOFA to get stamped.  Once stamped, bring it to the police station.  They take a set of prints, give you a receipt in Arabic, and tell you to come back in two weeks. 

[geowrian 22,337]

6 hours ago, Nitas_man said:

Police certificate applied for.  By end of next week, we will be ready for the actual visa interview and medical. 

 

NOTE - a Saudi police certificate is a pain.  Get a letter from the embassy in Arabic requesting one.  Have that letter attested by Ministry of Foreign affairs, which means pay $8.75 online, get the receipt, then bring the receipt and letter to the MOFA to get stamped.  Once stamped, bring it to the police station.  They take a set of prints, give you a receipt in Arabic, and tell you to come back in two weeks. 

Good luck!

 

Yes...yes it is. =___= My then-fiancee-now-wife had to go through the process as well. And then it needs a translation. And you can only obtain it within KSA...you can't get it outside of KSA (which is why it's not required for non-nationals and non-residents even if you lived there over 6 months).

[Nitas_man 3,100]

Police certificate received, translated.  I-134 package completed.  Visa app completed online.

 

These three things have to be printed, copied, and mailed to the embassy with a cover sheet that the applicant fills out saying that they are ready for interview.  Once the embassy receives that, they will schedule the interview.

 

NOTE:  You are supposed to schedule the medical after the interview is scheduled.  We went ahead and scheduled the medical for Sunday since we are returning well within the 6-month clock that starts ticking once the medical is done.  If for some reason the interview extends out that far, we will just re-take the medical.

 

It should be noted that in the event the USC is either living or working overseas - the support affidavit needs to demonstrate that assets alone meet or exceed 3X the 125% poverty guidelines as credit for income overseas is not given.  Probably why they check assets at the initial interview to determine residency status.

[Nitas_man 3,100]

25 minutes ago, Nitas_man said:

Police certificate received, translated.  I-134 package completed.  Visa app completed online.

 

These three things have to be printed, copied, and mailed to the embassy with a cover sheet that the applicant fills out saying that they are ready for interview.  Once the embassy receives that, they will schedule the interview.

 

NOTE:  You are supposed to schedule the medical after the interview is scheduled.  We went ahead and scheduled the medical for Sunday since we are returning well within the 6-month clock that starts ticking once the medical is done.  If for some reason the interview extends out that far, we will just re-take the medical.

 

It should be noted that in the event the USC is either living or working overseas - the support affidavit needs to demonstrate that assets alone meet or exceed 3X the 125% poverty guidelines as credit for income overseas is not given.  Probably why they check assets at the initial interview to determine residency status.

Good timeline though.  We kicked off in mid-September, and will probably interview sometime in November.  Beats re-filing by a long shot.

[SusieQQQ 11,586]

I’m curious. The first interview to determine eligibility for SB1: is this just to weed out the obvious refusals (like the people who just changed their minds after a few years of being abroad), or is pretty much a pre-approval and therefore if you get through this you are almost assured of the SB1 being formally approved?

[Nitas_man 3,100]

42 minutes ago, SusieQQQ said:

I’m curious. The first interview to determine eligibility for SB1: is this just to weed out the obvious refusals (like the people who just changed their minds after a few years of being abroad), or is pretty much a pre-approval and therefore if you get through this you are almost assured of the SB1 being formally approved?

It seems that the first interview is huge - almost the equivalent of an approved petition that puts you exactly at the consular processing point where Packet II/III are issued in preparation for a normal immigrant visa interview without having to worry about things that were early issues like proving valid marriage/relationship and all of that. 

 

It's simply a matter of verifying criminal record, public charge, and medical and I believe that absent any issue in these areas the visa is pretty much a done deal. 

 

Only 1500 of these were issued for all of last year.  The criteria, if you are not a spouse accompanying your working US husband/wife or have not been in a coma, is very difficult to overcome.  I know for sure and certain that were our situation to be reversed, we'd be clock-watching a petition crawl through again. 

So it's a small nod to the immigrant who is sticking with his/her USC spouse (but it comes with a stern lecture, I won't gloss over that) if the USC is assigned or working overseas.

 

[Nitas_man 3,100]

Update:

 

Medical completed today and the embassy also received copies of our I-134, police certificate, and application today. 

 

Then I received an email today notifying us that our IV interview is scheduled for the 8th.  So we are looking at visa in passport probably sometime around mid-November.

 

Very pleased with the process and with the embassy here.  They were awesome.

 

 

 

 

 

[Nitas_man 3,100]

On ‎10‎/‎16‎/‎2017 at 4:04 AM, geowrian said:

Good luck!

 

Yes...yes it is. =___= My then-fiancee-now-wife had to go through the process as well. And then it needs a translation. And you can only obtain it within KSA...you can't get it outside of KSA (which is why it's not required for non-nationals and non-residents even if you lived there over 6 months).

Quick question - how long did it take to get the medical results?  Ours still aren't completed - grrrrr 

[geowrian 22,337]

7 minutes ago, Nitas_man said:

Quick question - how long did it take to get the medical results?  Ours still aren't completed - grrrrr 

Back when we filed the I-129F, it was taking around 30-40 days average for a NOA2. It took 4 months due to the slowdowns / holidays / fee hike. My now-wife's work contract ended shortly after the case made it to Riyadh. We started getting the packet 3 items together (KSA police cert, NBI clearance from PH, CENOMAR, translations, etc.), but we realized that she may no longer be in KSA by the time the visa would be issued so we transferred the case before completing the medical.

 

Good luck! Sorry I couldn't provide details on the medical piece.

Edited November 1, 2017 by geowrian

[Nitas_man 3,100]

On ‎11‎/‎1‎/‎2017 at 7:35 PM, geowrian said:

Back when we filed the I-129F, it was taking around 30-40 days average for a NOA2. It took 4 months due to the slowdowns / holidays / fee hike. My now-wife's work contract ended shortly after the case made it to Riyadh. We started getting the packet 3 items together (KSA police cert, NBI clearance from PH, CENOMAR, translations, etc.), but we realized that she may no longer be in KSA by the time the visa would be issued so we transferred the case before completing the medical.

 

Good luck! Sorry I couldn't provide details on the medical piece.

No worries.  Medical Sunday, picked up the magical brown envelope today.  Then risked life and limb to go out in weekend traffic and have a big ole steak to celebrate.

These people have no business behind the wheel of a vehicle.  They drive worse than drunks after 2 AM new years eve night.

Edited November 2, 2017 by Nitas_man

[Nitas_man 3,100]

Update:  Interview was completed, visa was approved.  They asked about our plans, where we are going to stay, what am I going to do.  All my things are addressed at my brother's house and that's where some of our stuff is so I told him our short term plan is to stay there but we're shopping houses so we will probably have a house before we move.  He said it's fine.

 

Overall a smooth process.  Just waiting to get the passport and green card back and we're set.

[Nitas_man 3,100]

CEAC status changed to "Issued".  So it took exactly 2 weeks after the interview to issue the visa.  It was hung up on "ready" since the interview was scheduled.

Edited November 22, 2017 by Nitas_man