i130 Complicated Question

[Jamie06 1]

Hey guys so I have a bit of a complicated one I’ll try make it as short as possible. So my partner Who is American and myself who is Australian lived in Australia for around 4 years together, we got married in October 2016 and filed for the i130 in November 2016. In November 2017 we were having some tough times and my partner moved back home to Seattle for a little break which has benefited us both. We are wanting to continue our relationship meaning I’ll move over there. I have checked my receipt number for the filing and the last update says 

 

“On May 9, 2017, we sent your case, *Receipt Number*, to the Department of State for visa processing. You can find general information on Consular Processing by visiting our website at www.uscis.gov’

 

Just wondering what my next steps are to get over there as soon as possible?

 

Thanks

[Aishat919 14]

Hopefully It hasn’t been a year since you have contacted them. If it’s past the year it’s more than likely that they probably may reject your case. But definitely on Monday you should contact them. Department of state is usually Nvc. Their number is ‭+1 (603) 334-0700‬

[Jamie06 1]

12 minutes ago, Aishat919 said:

Hopefully It hasn’t been a year since you have contacted them. If it’s past the year it’s more than likely that they probably may reject your case. But definitely on Monday you should contact them. Department of state is usually Nvc. Their number is ‭+1 (603) 334-0700‬

So let’s say it has been rejected due to no response - can i go over there and apply from there ?

[NikLR 13,227]

27 minutes ago, Jamie06 said:

So let’s say it has been rejected due to no response - can i go over there and apply from there ?

Nothing has been rejected. The I-130 would just be sent to the NRC (national records center) where you can file an I-824 to pull it out and continue processing.  

 

Also trying to immigrate to the USA using a non-immigrant visa or ESTA is fraud.  CBP would tell you to go back home and lying to them can cause you to have a bar. 

 

[Liam2021 583]

28 minutes ago, Jamie06 said:

So let’s say it has been rejected due to no response - can i go over there and apply from there ?

From that time, do you received anything like welcome letter from NVC. If yes you better contact them on Monday.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[Jupifer 10]

23 hours ago, H&T said:

From that time, do you received anything like welcome letter from NVC. If yes you better contact them on Monday.

When you call NVC on Monday, you will tell them your USCIS Receipt number.

 

From May 9, 2017, it takes time for NVC to receive your approved USCIS petition (1 to 4 weeks) and NVC also takes its time to assign your Immigrant Visa Case Number (3 to 12 weeks).  Your next question is: What is my IV Case Number and what date was it assigned?  and then write it down.  Next question is: What is the expiry date for my IV Case number?  ... which will be very nearly a year after the IV Case Number was assigned and then write it down.  Next ask: What is my Immigrant Invoice number (IIN) ... and write that down. 

 

So here is the good news:  Today is May 13, 2018.  I'll make an estimate that your IV Case number expiry date is June 15 to July 15, 2018. You have time right now to get the ball rolling with your IV DS-160 & 161 applications and pay the Affidavit of Support and IV fees.  I'm pretty sure if you get those fees paid as soon as you can you will be able to continue the process with NVC.

 

With your NVC case number and IIN number, go to the CEAC IV application site and get things going:

https://ceac.state.gov/IV/Login.aspx

 

Once NVC fees are paid and all documents are submitted (all documents AGAIN ... just as was done for USCIS petition), then 3 to 12 more weeks to get a NVC "Case Complete", then 1-3 weeks to get your US Consulate appointment scheduled that will occur in the next 4 to 12 weeks.  Go to your medical exam and US Consulate interview to get your IV approved.  If approved, get your IV in your passport by post from US Consulate and make your travel plans. Arrive in the USA and you will soon have your conditional 2 year green card by post from USCIS (you have been married less than two years) after paying another immigrant fee before you arrive.

 

You can check your IV status at all times at:

https://ceac.state.gov/

 

Good Luck

Edited May 14, 2018 by Jupifer

[Jamie06 1]

2 hours ago, Jupifer said:

When you call NVC on Monday, you will tell them your USCIS Receipt number.

 

From May 9, 2017, it takes time for NVC to receive your approved USCIS petition (1 to 4 weeks) and NVC also takes its time to assign your Immigrant Visa Case Number (3 to 12 weeks).  Your next question is: What is my IV Case Number and what date was it assigned?  and then write it down.  Next question is: What is the expiry date for my IV Case number?  ... which will be very nearly a year after the IV Case Number was assigned and then write it down.  Next ask: What is my Immigrant Invoice number (IIN) ... and write that down. 

 

So here is the good news:  Today is May 13, 2018.  I'll make an estimate that your IV Case number expiry date is June 15 to July 15, 2018. You have time right now to get the ball rolling with your IV DS-160 & 161 applications and pay the Affidavit of Support and IV fees.  I'm pretty sure if you get those fees paid as soon as you can you will be able to continue the process with NVC.

 

With your NVC case number and IIN number, go to the CEAC IV application site and get things going:

https://ceac.state.gov/IV/Login.aspx

 

Once NVC fees are paid and all documents are submitted (all documents AGAIN ... just as was done for USCIS petition), then 3 to 12 more weeks to get a NVC "Case Complete", then 1-3 weeks to get your US Consulate appointment scheduled that will occur in the next 4 to 12 weeks.  Go to your medical exam and US Consulate interview to get your IV approved.  If approved, get your IV in your passport by post from US Consulate and make your travel plans. Arrive in the USA and you will soon have your conditional 2 year green card by post from USCIS (you have been married less than two years) after paying another immigrant fee before you arrive.

 

You can check your IV status at all times at:

https://ceac.state.gov/

 

Good Luck

Incredible help - thank you so much. Does it make things different if it’s after October 2018.. by that time the marriage will be over 2 years ?

[Jupifer 10]

5 minutes ago, Jamie06 said:

Incredible help - thank you so much. Does it make things different if it’s after October 2018.. by that time the marriage will be over 2 years ?

Thank you for the compliment.  Please hit the heart button at the bottom of my message to register your complimentary opinion of my help.

 

Right now in your situation of being near to your NVC Case expiry date (after which you would start from scratch again with another USCIS I-130 petition if you do not get going now with the NVC) ... Time is of the essence to pursue the IV Visa ASAP so you can immigrate ASAP given this is your statement: "Just wondering what my next steps are to get over there as soon as possible?"

 

It's extra money and another USCIS interview in the USA to release conditions on Green Card after two years ... but isn't immigrating ASAP what really matters.  There is a possibility you get your US Consulate IV interview just after the time of your second anniversary ... and the US Consulate upon approving the visa after the interview can change it from CR-1 to IR-1 (resulting in a 10 year Green Card) because the US consulate makes the final IV decision.

 

But my opinion is to immigrate ASAP and let things happen as they naturally will occur.  

 

 

 

 

[ms_bobdog 501]

1 hour ago, Jamie06 said:

Incredible help - thank you so much. Does it make things different if it’s after October 2018.. by that time the marriage will be over 2 years ?

If you are thinking of getting the 10 year green card, that’s based on your date of entry into the United States. So you should still start getting things going again because chances are you will enter after the 2nd anniversary. You have 6 months from the date of your medical exam to enter, and right now NVC is taking about a month or two for you to pay fees, submit documents etc. to get to a case complete. 

[Jupifer 10]

18 hours ago, ms_bobdog said:

If you are thinking of getting the 10 year green card, that’s based on your date of entry into the United States. So you should still start getting things going again because chances are you will enter after the 2nd anniversary. You have 6 months from the date of your medical exam to enter, and right now NVC is taking about a month or two for you to pay fees, submit documents etc. to get to a case complete. 

.

Edited May 15, 2018 by Jupifer

[payxibka 10,045]

1 minute ago, Jupifer said:

"If you are thinking of getting the 10 year green card, that’s based on your date of entry into the United States."

 

This is incorrect information.  The type of green card (conditional 2yr or not conditional 10yr) you get is based on the Immigration Visa Category (CR or IR) that is put PLAINLY on the visa to see when it is put into your passport to enter the USA as an immigrant.  And that Immigration Visa Category (CR or IR) is based on your two anniversary and when your particular visa gets issued.

 

 

This is incorrect information, if you are issued a CR1 visa and you should enter after your 2 year anniversary you will receive a 10 yr card.  This is common knowledge

[pushbrk 12,968]

5 minutes ago, payxibka said:

This is incorrect information, if you are issued a CR1 visa and you should enter after your 2 year anniversary you will receive a 10 yr card.  This is common knowledge

Correct.  The entry date rules.  CR1 visa holders who enter the US after two years of marriage are entitled to IR1 status.

[Jamie06 1]

Hey guys so I just got off the phone to them and the date they said that it gets entered into the system is July 7th.. what exactly does this mean? They wouldnt let me update my address either until it’s “in the system”