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Posted

Hello,

 

I am a US citizen and am filing to get my spouse through consular processing. I-130 is approved,  at the NVC stage now.

 

I have loo

ked into the process and it seems to me we have to fill out the following:

 
1. DS-260, DS-261
2. I-864
3. DS-5540 - cannot find this form to download anymore and is it required in all cases?
4. proof of bona fide marriage - we submitted photos, reference letters, some oint spending history etc with the I-130. we will add more photos and evidence to show I lived with her abroad for 2 months during COVID.
 
Is anything else required? we will schedule the medical test after applying the above.
 
 
Best,
 
 
 
Posted
14 minutes ago, Ash12345 said:

3. DS-5540 - cannot find this form to download anymore and is it required in all cases?

 

DS-5540 is currently not required.  Before your spouse's interview, check back here or the Department of State's website to see if that changes -- https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html

 

Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted

you said:

"we will schedule the medical test after applying the above."

 

Do not do that.   Wait until NVC has scheduled your interview first.  The visa will probably expire 6 months after the medical (if not earlier).

Posted

Thank you.

 

When do I submit the additional supporting evidence (photographs of our relationship, financial connection (shared credit card and spending), - is it With the DS-260? or do I take them to the interview? (I had submitted Quite a bit of evidence With the I-130.

 

 

Posted
18 hours ago, Troy B said:

you said:

"we will schedule the medical test after applying the above."

 

Do not do that.   Wait until NVC has scheduled your interview first.  The visa will probably expire 6 months after the medical (if not earlier).

The medical is only good for 6 months

Posted
6 hours ago, Ash12345 said:

Thank you.

 

When do I submit the additional supporting evidence (photographs of our relationship, financial connection (shared credit card and spending), - is it With the DS-260? or do I take them to the interview? (I had submitted Quite a bit of evidence With the I-130.

 

 

If you get DQ at NVC you can take to interview but may not ask for it at all

Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted
8 hours ago, Ash12345 said:

Thank you.

 

When do I submit the additional supporting evidence (photographs of our relationship, financial connection (shared credit card and spending), - is it With the DS-260? or do I take them to the interview? (I had submitted Quite a bit of evidence With the I-130.

 

 

 

You should not rely on being able to present them to at the interview, make sure they are uploaded to NVC so they are available for the reviewer to look at prior to your interview.  And then if you have new evidence since then and the interview, you can bring that, and try to provide it.

 

  Also not a good idea to trust that supporting evidence included with i-130 will make it to the NVC.     Suggest making sure your have the NVC Process guide here.    Probably needs to be updated for the electronic online process, but gives a general outline.

Posted
8 minutes ago, Ash12345 said:

Sorry, but What does that mean? Is it something like them asking for additional information or something?

No it means everything that u upload to NVC is qualified for the next step to get inline for interview

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
9 hours ago, Ash12345 said:

Thank you.

 

When do I submit the additional supporting evidence (photographs of our relationship, financial connection (shared credit card and spending), - is it With the DS-260? or do I take them to the interview? (I had submitted Quite a bit of evidence With the I-130.

 

 

You can upload the additional evidence at the NVC stage, as an "additional document."  That's what we did, with new evidence since the I-130 petition, original boarding passes, passport stamps, and hotel receipts from our trips together, a few more photos, more financial co-mingling documents, joint tax return, etc.  At some embassies/consulates, they tend to make their preliminary decision before the visa interview, based on all the evidence submitted before that time, and often do not even look at new evidence brought to the interview.  I suggest that you put all your new supporting evidence together in one Word or PDF document, save it in compressed format if you need to reduce the file size to meet the requirements, and upload it at the NVC stage as an additional document before submitting everything.  This way, the officer reviewing your case will have all the new evidence digitally to review before the interview when they make the preliminary decision.  Then take more supporting evidence to the interview, if you have new evidence to show by that time, and if they ask for it.  Good luck!  

Posted
On 10/31/2020 at 5:21 PM, Chancy said:

 

DS-5540 is currently not required.  Before your spouse's interview, check back here or the Department of State's website to see if that changes -- https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html

 

Thank you for the info, but I found this link with latest info which suggests it's back in play since Sep 11, 2020. And then again on Nov 3, 2020. Any thoughts?

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/inadmissibility-on-public-charge-grounds-final-rule-litigation

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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