MajorFaff

Me = Brit trying to get in! lol

Wife = US Citizen (we are married for over 5 years)

Recently we got an RFE for 2012 tax returns, and also they wanted us to resubmit the 864. I phoned up and clarified 3 times with the guy on the phone that he was saying I didn't need to resubmit the 864.. they only wanted the evidence. Brilliant.

Well... we just sent our RFE 2012 financial evidence in the other day, and about 7 days later we got an email saying they wanted the evidence that we just sent in... and an updated 864..as apparently ours was out of date *sigh*.

So I phone up, and apparently the email was automated, and they haven't actually processed the 2012 financial evidence yet. So I was told to wait until I get the email about the interview.

Now I am left wondering what they want me to bring to the interview. I'm guessing not the 2012 stuff as we just sent that in, but wondering whether they want another 864. This would be a pain as my wife used a lawyer to fill in the forms, and forgot to take a copy of the 864 before she sent it. Is there ANY chance they might be able to send us a copy of the 864 you think?

You need Saylin!

Join her thread: http://www.visajourney.com/forums/topic/386421-nvc-filers-september-2012/

You can send the AOS packet (the I-864 and supporting documents) now. Make sure you print off the barcoded payment receipt.

By the way, I was the beneficiary and I didn't get anything through the post at any point. I looked at the payment portal every day (multiple times a day!) - and followed Saylin's guides and advice of course.

Good luck - not long now.

PS IV stands for Interview - it's all the forms and civil documents.

Thank you :-)

I-864.. I just went through the 'payments' screens again and looked in the receipt section, and discovered 'the next steps' bit which actually says we now need to do the AoS and supporting documetns (d'oh!). Really not sure how we missed that. I won't forget the barcode cover sheet.. in fact, I am pretty certain I sent two copies of that to my wife already!

I will look at saylin's thread :-)

With regard to the IV : So basically I don't have to send off all those police stuff etc? I just need to send off the DS-230, and then when the interview happens, take all the supporting stuff with me? (i.e. police check etc.). So I don't need to send the police check, but take it in?

Thank you for the link.

I have not been sent anything in the post.

When are we meant to send the I-864, now? Whilst waiting for the DS-3032 to be completed? (We have paid the AoS processing fee and had it marked PAID)

OK.. so here's the deal:

Me: UK Citizen (currently in the UK)

Her: US Citizen (Currently in US)

Status: Married five years, with a 2.5 year old.

So far: We have filed the I-130 and it has been approved. I have filed a DS-3032 via email, and my wife has sent a hard copy of this with my signature. At present I am awaiting a response for the DS-3032.

But from then on it just gets confusing because...

A) In emails, they say they have sent us 'a packet' after the I-130 and the $88 were paid... and when that didn't arrive they say they have sent us a 'duplicate packet', which also never arrived to my wife in the US. Was this meant to contain all the info we needed?

B) There are just no clear guides on the actual process. There is talk of IV packages, and AOS fees, but I can never seem to narrow down what these actually are (AoS = $88 Affadavit of Support fee I assume?). Importantly, even the official instructions from the gov are confusing... they don't state what you are meant to send and when.

"WHEN" do I send in the I-864? What should I put with it, is it meant to include the DS-230?

"WHAT" is meant to be included with the DS-230 and when do I send it? After the DS-3032 has been approved?

Honesty.. right now... we are so utterly confused and very stressed over this. I have been apart from my wife one year now. Please.. don't just say "read the guide"... I HAVE read the guide, and it's still not clear, when to send items :-( (Some of the info is out of date as well).

Nope. And you can email the DS-3032 and save on postage Click on the second to last link in my signature; it'll bring you to a post that has a link to the DS-3032 template.

And you're welcome

I did not mail any attachment (no Ds-3032) I just used the template and emailed them from my UK government address.

My wife now has the signed physical copy of the DS-3032 and will likely send that as well, just in case.

Before we send the 230 we have to wait for the 3032 to be agreed, and then they ask us to pay a fee right? (so we can get the cover sheet for the DS-230 to send it).

You need to send the DS-3032 first. Once that's accepted, the IV bill will be invoiced ($230). Once that clears and shows as PAID, you can send the IV package (which includes the DS-230).

Ah.. ok. That is very helpful.. I thought they had to be sent out at the same time. Many thanks for that :-)

I haven't paid the $230 (US Dollars), what's the $230 for? (I am doing the DS-3032 and the DS-230).

OK.. I will checked where to get the cover sheet from (The bill, I know where you mean) :-)

OK.. so I was about to send my DS-230 today to my wife in the states, when I was looking at it and noticed there are no places for references numbers, and no barcode on the sheet etc. There is a blank white box on the top left of part 1, but what's that for? There are simply no instructions for this form, that I can find other than a vague reference saying "fill it in" (pretty much) lol.

So.. I have a cover sheet sent to us after we paid the $88 processing fee for the 864 (yet to be completed), is that what I attach to the DS-230, or am I missing something really obvious that I can't seem to find on my searches?

Thanks for that :-) Much appreciated.

I have completed everything on the DS-230 now, with the exception of the trips to the USA. Oh man... Beyond going through emails for flight records, and checking to see if they stamped my passport properly... I am completely useless with dates. I have been about 7 to 10 times I think. 2 trips to Disney land in Florida as a kid, and then loads more to visit my wife's parents place, then visit her parents with my wife, and then visiting my wife and kid.

These forms can be so frustrating sometimes.. you just don't think about keeping so many records of things at the time!

Applying for IR-1.

So.. after about 5.5 months of waiting.. the I-130 was approved, and we have got as far as paying the $88 processing fee for the Affidavit of Support 864 in advance, which has been marked as paid. (Actually been apart almost a year now, but 9 months since I last saw them and applied). They took month and a half to contact us with the next step!! (We had to contact them after waiting thirty days).

Now just trying to get our heads around what's next etc.

Wife is US Citizen, in the states with our little girl. She is unable to afford me ;-) So.. she has to fill in an 864, but does she count as a 'sponsor' or can I have two joint sponsors? (A neighbour, and also some friends of the family).

I'm currently filling in the DS-230, filling in all the same info over again, but they want 10 years instead of 5 in smaller boxes... I really wish they would make these forms consistent. That and having to register my 'agent' which will be my wife.

So.. am I doing it right so far?

IR-1 and visiting whilst it's in progress.

OK, so here's the thing, like many people, I'd like to visit my wife whilst this is all pending as it's very hard, especially with my daughter in the equation. So I called the information line (a £1.23 per minute line eek!), and got through to a very helpful gentlemen. I asked specifically for information on the circumstance where I am waiting for I-130 approval with regard to an IR-1 application, information MAY differ based on the stage you're at with yours.

He said that yes you can visit, but as ever it's down to the border guard to make a decision on whether they believe you intend to stay or not. He said that in this case, bringing evidence to prove that you intend to return such as financial information (I assume things like loans/mortgages etc; any evidence of study (i.e. you belong to a university as a student; evidence of family commitment; letter from employer).

Bring more than you think you need, too much is better than too little. I asked about my B1/B2 visa and he said that was fine to use for entry.

So basically, what it comes down to is 'chance'. Of course, you can swing things in your favour by bringing evidence that will support you. Just thought I'd letter people know :-)

Hoping to see my little girl and wife in April (for my little's girls birthday).

Couple of options

A.

• Wife is the #1 sponsor even with little or no income. (fills out I-864)
  
• One person who makes the full $$ requirement is joint sponsor. Can be Neighbor or father or mother. (fills out I-864)
  
• Joint sponsor's family size + 1 (immigrant) determines their reqired $$.
  
• Joint sponsor proves his income by itself is enough. (His W2 or employer letter)
  

B.

• Wife is the #1 sponsor even with little or no income. (fills out I-864)
  
• Wife lives in same house with father who agrees to help.
  
• Wife adds father's income to her I-864 as a household member to reach the $$ reqirement together.
  
• Father signs sworn agreement offering his income/support. (fills out I-864A)
  

C. (similar to A)

• Wife is the #1 sponsor even with little or no income. (fills out I-864)
  
• Joint sponsor can't meet total $$ without his spouse's income. They have joint tax return and have joint assets.
  
• Dad or neighbor adds his spouse's salary to his under household member's income to reach the $$ requirement together. (fills out I-864)
  
• The spouse signs sworn agreement offering her income/support. (fills out I-864A)
  

Confused yet?

lol, no.. makes perfect sense :-D lol

Well.. they have acknowledged that they have received the package, and it's been sent to Vermont for processing. Not sure whether that's good or bad yet!

Here's what I do when I have a submission ready to go in the envelope for mailing--

I go through it page by page and photocopy the entire thing starting with the check. Then I have a "clone" of what USCIS will receive. I bind it together in a folder and put it in the file cabinet. The originals and bits and pieces used to make up the submission go elsewhere. Then if you get an RFE for more information, you have your clone to know what you sent vs your memory. Also useful when you start reading forums and problems and wonder if you also forgot to sign that page or tick that box---your clone will answer the question. And in the event the mail got totally lost and you find out your submission is nowhere to be found, you can assembly another using your clone for guidance.

I only make one photocopy. If your wife/petitioner keeps one and you want your own in the UK to pull out, then have her make two. You won't need the clone for anything more than reference when you start second guessing if you did it right...meaning you won't have to show it at your interview or POE. I sometimes think the copy for a non-English speaking fiance who has only spent two weeks in person with their USC might find it useful as a study guide for the interview. Then they can memorize what their USCs middle name is, his parent's names, where he works, how they met, etc. London doesn't give a difficult interview so I don't think you need to worry about memorizing answers.

Fantastic.. so it's only send one copy of the documents to them. I thought it was mad to send them two lol. So, I have left an exact replica of the packet I left my wife to send (we completed it together), with the exception of the money order which will obviously just be a photocopy of the original.

Thanks. Now just for the expected LOONNNGGGG wait to see if they except it (I really can't see why they won't).

Thank you chaps and chapesses !

Also.. I found the example forms helpful :-) Although the IR-1 and CR-1 info and cover letter stuff definately needs updating in the guides section.

BTW.. is it possible to have two sponsors? I.e. our neighbour in the USA as a joint sponsor, and her father/mother in the USA that she's living with? (As well as herself, so I suppose that's three sponsors technically).

doesn't that email have a list of stuff, with a legend attached per list item, and a legend definition grid at the bottom?

Many do, I'm solely asking if that email contains it.

Having done a visit visa and my daughters US citizenship in London... I would recommend you take everything original that you can, even if you've already submitted it previously. Don't give them a reason to refuse if you can help it :-)

Also as an aside.. the London embassy is more like a bank with different people at different windows. After passing security, you go in, sit down, get a number, get called, told to sit down.. possibly even get told to go out down the road and get 'proper' passport pictures and then come back lol. But it's an up and down process with long waiting times between being seen. The US embassy side is much more friendly btw.

Hi guys,

Well.. thank you for all the advice so far! I have nerve wrackingly assembled all the documents I think I need for the I-130 submission and left them with my wife. It was absolutely gut wrenching to have to wave goodbye to my 21 month old daughter and wife. Three weeks wasn't enough. I'm now back in the UK.

However, I am still very baffled by the whole 'two copies' thing. What EXACTLY does that mean in REALLY basic terms, as I've probably over analysed it like I tend to do with exam questions. I can read it several ways like A) Assemble the package, and keep two copies at home before sending the original in. B) Assemble the package, make a copy of everything and send the original assembly in. C) The 'copy' is referring only to the fact that you are 'copying' original documents, so you make two copies of the original documents and just send one copy in.

So yes please... what EXACTLY does it mean lol. Thanks for me going nuts on this!

A neighbour in the USA has kindly offered to be a joint sponsor (they actually offered without me even asking), so hopefully the 864 will be taken care of soon.

<grin>

So you will already be IN the US?

You could always consider co-filing I130/I485 and stay put like all the canadians (and half the VAWA entrants) do......

I couldn't possibly have stayed. I need to financially support my wife from the UK, and can't ask her to try and get a job that would support us for 10 months or whatever it is.

Lastly... I threw most of our joint bills away when we were moving out thinking we didn't need them!! D'oh. Oh well.. hopefully the fact we have a joint account and a child is enough, plus all the pictures and facebook stuff!

Also.. I put everything in hopefully the correct order, and importantly the same order as listed in the cover letter. I had to use staples to hold a few things on though.. which I realise is a little bit of a 'no-no', but at least the photo's (in plastic bags) are secure).

Well tomorrow is my flight, so I will be visiting for three weeks applying for my IR-1, and then returning. I know you think I should do a DCF but I'd rather not risk it.

I have a few questions about the initial I-130 my wife will be doing:

1) I will be in the USA... when we send off the form. There is a section asking if I'm in the USA when we apply. Should I say yes, and give my arrival/departure number? (I'm definately coming back after three weeks).

2) There was a 6 month gap in employment for my wife where she looked after our daughter. That meant I needed to use an extra 'sheet'. When they ask for a sheet are they asking for a blank bit of paper with the details of that employment on, or are they asking for another duplicate sheet of the I-130, but with the final employment on?

3) I-130 cover letter for IR-1: anyone got a cover letter example please? (Can't seem to find one).

Rika> No, we don't still live in the same house. I moved in with my parents in a bid to save money, so I purely pay them now... I don't have any 'utility' (gas/elec/tel) bills in even my name either now that's all paid by my parents.

She did not file any 'exit' documents that I'm aware of, she just flew to the USA with our little girl.. and a week later I sent the two dogs over.

Thank you for all the replies. I don't think I'm totally comfortable applying for the DCF without checking. I will ring them just in case.. but I think if it was realised that my wife was already in the states it could end up getting messy, and the last thing I want to do is get barred from the states because of a technicality. This is kinda heart breaking obviously..as it doubles the time away from my wife and little girl (And yes I miss her so much, it's incredibly hard. Not only that it's hard for my wife), but the risk possibly isn't worth it. (even though it's a small risk, and basically a completely pointless thing to stop someone from doing a DCF).

Thank you :-) Thank goodness for this forum, I would have been filing for a K3 else *thumbs up*

So it's OK for her to apply with DCF in the UK, as long as A) It's posted here B) She has residency ? Bear in mind that she is in the USA a present even though she has Indefinate Leave to Remain here, so any address on the paperwork would show here being in the USA.

An additional question then is why don't more people do DCF if it's meant to be that much quicker?

I don't know how I managed to miss the IR-1/CR-1 section. I shall moved my other questions there.. or perhaps a mod could move it for me?

Since your wife moved so recently... is she still considered a resident in the UK?

If yes, she could file I-130 with the US embassy instead of in the US

http://london.usembassy.gov/immigrant-visas/immediate-relatives.html

that path should get you a CR-1 visa faster!

My wife would still be considered resident in the UK as she has ILR (Indefinate Leave to Remain). Are you saying that she could do a direct consular filing? The only issue would be if she were needed to go to the embassy however, as we can't really leave our two dogs unattended. Also, I'm not really looking to give them any reason to turn us down as such (but I'm interested in none-the-less in a quicker option). Also, my wife was originally told that as we got married in America, she would have to file there instead of here, hence why she moved (a costly mistake?).

So this guide is the one I need? (As I (the non-us citizen outside the US) and my wife a us citizen in the us filing for me)

http://www.visajourney.com/content/i130guide1

Is there more to it than that? Seems 'to' straightforward?

I am not an expert on CR-1/K3 visa processes, and maybe someone who is more knowledgeable will jump in soon, but my understanding is that the K3 originally existed because back in the day, it took years for the I-130 to be approved. Through the K3 process the beneficiary could actually enter the US faster and wait out the processing of the I-130 in the US, thus avoiding having to spend years apart from his/her family. Because that is not the case anymore, the I-129F and I-130 forms will be approved together, and the I-130 is essentially upgraded to CR-1, which is a superior visa compared to the K3. K3 used to involve the adjustment of status process - CR1 doesn't. Essentially, K3 no longer exists, though the process is still technically available. If you file for K3 it will morph into a CR/1/IR-1 once it gets to NVC. Therefore though you can take the K3 route, it will only mean more paperwork for you, and essentially still lead into IR-1.

Your tourist visa will still be valid while the IR-1 is pending, but the challenge is that it is hard to prove non-immigrant intent when you obviously have every intention to immigrate, since you've filed for a spousal visa and your family is here. You will have to convince the IOs at point of entry that you do not plan to remain in the US under the tourist visa, but that you are planning to return to the UK and wait out the IR-1 process there. There is a risk of you being denied entry at POE, but to be honest I think for someone from a country like the UK visiting with a pending IR-1 probably won't be an issue, especially if you can show you still have a job/apartment etc. in the UK.

Thank you so much for explaining that, I appreciate not just asking me to 'do the search' as this is a very daunting topic, with a lot at stake, so sincerly, thank you :-)

Doesn't appear to be a sub-forum for the IR-1/CR-1's? Should I continue to use this K3 section?

Additionally, I already have a Visa in my UK passport which allows me to stay in the USA as a vistor for 6 months at a time. It says visa type/class and underneath : R B1/B2. (I got this solely for the purpose of ensuring the marriage office in the USA would accept our marriage request as they didn't seem to understand the visa waiver thing). But basically this means that if pushed I could go on an extended visit for 6 months, but without working :-(

However, if I apply for an IR-1 this 'seems' to imply that I can't use that to come whilst my application is pending? Seems harsh? It's pretty darn tough not seeing my 18 month old little girl for 3 months let alone another 7 (or more).

Read the guide for CR-1 (or IR-1 for you because you've been married for more than 2 years). K3 is apparently kind of a dead visa these days and though the process still exists, it will take you longer than the CR-1. The process to get the spousal visa takes around 9 months I believe, during which you'll probably be able to visit your family here in the US. It doesn't include an adjustment of status phase once you get to the US, which makes it cheaper than many other options. Once the visa is issued, you become a permanent resident as soon as you enter the US with the visa. You can begin working immediately, and start building a life with your family here.

Hi, thanks for that. However, the page (here: http://www.visajourney.com/content/compare#ircr1)explaining about visa's lists as a 'con' that "Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed.". Is this not correct?