Lucas&Lucas

I am trying to figure out where my I-130 paperwork. I got my conformation that it was at the NVC with my NOA1. I am trying to figure out were will it go next. How long is the average before I get my NOA2. The lock box it was sent to was in Arizona. I know that it can go to CSC but since I got my notice and paperwork that said it at NVC. I am confused what happen next and how long it will take to get my NOA2. Could someone help to give me a idea. Thanks

It is not saying NBC ?

NBC = NATIONAL BENEFITS CENTER

NVC = NATIONAL VISA CENTER

I'm an early August filer

Called today to hear that they processing JUL 18 cases

The same answer I've been getting from them for more then 4 months, since December 2012

And they cannot open "service request" because its "within normal processing time"

Imagine the situation:

3 years from now,.. they still processing.. JUL 18, which is quite the possibility, considering number of Dream_Act/IllegalChildren applications they giving the priority in the comming months/years

would it be possible to start a legal action against them? When? After 1 year of waiting? 3 years? 5 years?

Any lawyers out there? Just curious

There is some options for you before file a legal lawsuit...

http://www.dhs.gov/cis-ombudsman-update-getting-most-out-your-call-uscis-national-customer-service-center

Thanks so much for your advice. One of the complicating factors is that I was married before to a Brazilian woman for about 6 years. (I brought her on a fiancee visa and we divorced) It is my understanding that if you were married before to a Brazilian national that the Brazilian government has additional requirements. My prior Brazilian wife never registered our marriage in Brazil however. This may make it more time consuming for my new Brazilian wife to change her hame, particularly since I do not know my prior wife's address. She became an American citizen and lives in the US not in Brazil.

Yes there is one additional requirements, if your divorce was made in United States, you will need a certified copy of your divorce decree issued by court, get it legalized by Brazilian Consulate, then get it translated here by an Public translator, then get an lawyer and Record your divorce decree recorded by the supreme court in Brasilia. Made it you will be able to record your NEW marriage.

Ask to your wife to call to Brazilian Consulate or contact them by email... They will explain her how to do it!

Anyway,I didn't change mine in Brazil yet, my US attorney, filled our I-130 on my married name, and mentioned my maiden name in the proprer place on the form... it will not be an issue for you...

They will process the case with her married name, since her passport will have her maiden name, they will issue her visa like her passport, and in the time to go to the port of entry, they will give the form to her sign on her maiden name... She will receive the CONDITIONAL green card with maiden name...

If you had made the record on the supreme court here of your divorce decree, in the time of your ROC, she will had time enough to record your new marriage at Brazilian consulate and have a new passport showing the name change...

If I am not wrong you will have to make an public " Power of attorney " at Brazilian consulate to allow her to hire an attorney to make the record at supreme court here for you... since she will have to wait at least 5 months to the USCIS ... I guess it will be time enough to record your divorce decree here.

I am about to file an application for a CR-1. I married my wife in January here in the US and she is on a valid tourist visa now. She will be returning to Brazil at the end of May which is well within her allowed stay to await the immigration process. She would like to use my name, but she has not yet had the opportunity to change her name officially in Brazil since she has not been home yet. She intends to do that when she returns to Brazil. We would like to use her new married name (My last name) on the I-130 application and showing her maiden name as other names used (which matches her passport and other documents). Can we do that? She really wants to use my last name right away.

Also in proving a valid marriage of course we have the marriage certificate, but we do not have some of the other documents suggested like leases in joint name or bank accounts, etc. We are intending on using the sworn statements of many of our friends and associates. Should I try to add her name to my US bank account as a joint account holder? I am not sure that can be done if she does not have a social security number.

Any advice would be appreciated.

Bruce

If she still there it will be more easy to change.... Look to Brasilian Consulate responsiblle in the state where you live and make the record there, they will issue an brazilian marriage certificate based on your american issued on your marriage date.

I had many troubles and could not change mine yet... the recorder service here in Brazil vary state to state.

I am sending a link from the Consulate in Houston... but there is all information she needs to do it there before she return to Brazil, the certificate issued by a consulate will make her life TOOOOOOO MUCH easy to change her documents ( ID and CPF )here also.

TELL HER TO READ IT !

5 - OBSERVAÇÕES

As alterações do nome e do estado civil em passaportes ou em quaisquer outros documentos deverão ser precedidas do registro consular do casamento. Tendo em vista as dificuldades que a duplicidade de nome pode vir a causar aos interessados, recomenda-se, sempre que possível, adotar na documentação brasileira o mesmo sobrenome constante da documentação expedida pelas autoridades estrangeiras.

Constará sempre do registro consular de casamento o sobrenome adotado pelo cônjuge após o casamento, ainda que tenha mantido o respectivo nome de solteiro(a). O parágrafo 1° do artigo 1565 do Código Civil dispõe que “qualquer dos nubentes, querendo, poderá acrescer ao seu o sobrenome do outro”. Não há entretanto impedimento legal a que, ao acrescentar o sobrenome do outro nubente, suprima um ou mais dos sobrenomes de família. Em hipótese alguma se alterarão prenomes.

If she wants to have only your last name, without the certificate issued by Brazilian consulate she will have many problems here... as I had.

She will be able to get the Brazilian certificate in person and resquest a NEW PASSORT WITH MARRIED NAME ON IT< before she leaves the US and you start your CR1 visa case...

http://houston.itamaraty.gov.br/pt-br/informacoes_gerais.xml

She will have to get the ORIGINAL marriage lisence and certificate legalized... ( till stick a seal and sign it, stating it is original, I advise her to make a copy and get it legalized too!! )

Hope to have helped you !!

Hi all Just wanted to share,

We got our noa2 today for both my wife and step son approved!!!!!!

I could not have done it without the help of this website and the awesome people who are so willing to help!!!!!!

THANK YOU VJ

YAY!!!! congrats !!! :)

Hi! my husband filed I130 and the USCIS approved it... we already have the NOA1 and NOA2, but my concern is, in NOA2 they said they already mailed the petition papers, dated MARCH 11, 2013. it's been like 3weeks and we didn't received any emails yet that NVC received our petition papers... So anyone of you guys have the same situation? do we need to wait for the email? because in the letter they wrote we have to wait for 30days before we inquire, but im worried until now we didn't received any notifications from them... Please help.. what should we do?... Thanks!

I had to wait 4 weeks, and my husband kept calling them every 2 days.... and I sent an email on FEB, 14 with a copy of my NOA 2 to NVCResearch@state.gov

and I got the answer below on FEB, 27 :

Dear Sir/Madam:

The NVC recently received this petition. The appropriate agent(applicant, petitioner, or attorney) will receive instructions for the

further processing of this petition within 6 to 8 weeks.

REMEMBER the NVC requires that the following information be provided with each inquiry:

Name of the person submitting the inquiry

NVC case number or USCIS receipt number

Petitioner's name and date of birth

Principal Applicant's name and date of birth

On the subject line put your USCIS receipt number and Beneficiary name.

Good Lucky !!

Thank you very much for your quick response.

I'm wondering if they reject out application for marriage license, is there some law about having right to get married without SSN? We want to go on Monday or Tuesday and take our chances in appling for marriage license. God help us!

About AOS... We figured we could ask our relatives to help us out and become a sponsor. If not, we'll try to find other ways. I am still trying to stay positive.

YOU CAN GET MARRIED IN DENVER, COLORADO WITHOUT SSN, THERE IS A FORM WHERE YOU FILL THE AFFIDAVIT SAYING YOU DON'T HAVE SSN...

I GOT MARRIED THERE AND I DON'T HAVE SSN CARD AND NUMBER !!!

Oh wow, Thanks for informing me of that statute. It's fairly recent also.

These manuals are used as orientation for interviews at consulates.

9 FAM 40.21(a) N2.3-4 Intentional Distribution of Controlled Substances

(CT:VISA-1810; 02-23-2012)

The Board of Immigration Appeals has determined that a conviction for the intentional distribution of a controlled substance or a conviction for drug

trafficking is now considered to a crime involving moral turpitude. A typical drug statute that would constitute a crime involving moral turpitude is

“possession with intent to distribute.” In order to be a crime involving moral turpitude, a conviction is required, as an ineligibility under INA

212(a)(2)©(1) based only on “reason to believe”, and not a conviction is not a crime involving moral turpitude. The mere possession or use of a controlled substance is not a crime involving moral turpitude.

9 FAM 40.21(a) N5.2 Admissions Relating to Acquittals or Dismissals (TL:VISA-29; 01-12-1990)

An admission by an alien is deemed ineffective with respect to a crime for which the alien has been tried and acquitted, or, for which, charges have

been dismissed by a court.

Look here:

http://www.state.gov/documents/organization/86942.pdf

As to getting your money back, I don't know. Best of luck.

Maybe you can apply for FOIA request with USCIS, asking a copy of your COMPLETE I-130 petition...There is some fee, but if they send only the forms without all the documents you said you sent to your lawyer, then you will have the proof you need to file a complain at the state bar, and maybe you can file for a lawsuit requesting your money back, since he was paid and didn't made the job offered for you !

Do you have a copy of some contract with him?

I had called NVC to asked for my NVC number, its been 3 weeks since NOA2 (Jan 22) and STILL they said my case is still not received . I just emailed them a copy of my NOA2 and hopefully in I'll hear from them soon. Just wondering if anyone else is having this same issue especially from ones who got their NOA2 this January, Please kindly respond with your NOA2 Date and when your NVC was received Or No if youre going to the same thing.

MY boy Got his NOA2 on Jan 14, and I got mine on Jan 28, Because the field office issued RFE for my Birth Certificate, Last week my husband called to NVC and they said they already have our cases there, but we should to allow 20-30 days to get our numbers... I emailed them asking for our NVC cases and IIN, But no answer till now !!

Too expensive ... for the bad service !!!

Hello friends,

My wife is US CITIZEN and she is filling out form g 325A. We have 2 queries for that.

there are 2 questions at the end of the form..please guide us what to write in that.

1) This form is submitted in connection with an application for .........................

1) naturalization 2) status as a permanent resident 3) other........... ( What to write in this , she is applying for me.)

if your native alphabet is other then roman letters write your name in native alphabet..we dont get it .in what language they are asking for.. please guide us.

Thank you.

1) if you are less than 2 years married... Check box 3 Other (specify) : I-130 ( CR-1 )/ If more than 2 years married : I-130 ( IR-1 )

2) If you are from another country like China, Korea, Russia and any other country that have their own native alphabet. You should fill that line the way your name would be read in your country language, If it is not your case just put : N/A . ( Not Apply )

I wish they could get it together or we starting to see a change in requirements although not published yet?

BigDog we have an attorney working with us.... He is surprised too...

I don't know if it's only required for who is carrying kids together... to check about grandparents...if there is the correct information, or if it just changed now...

The only thing they asked was my birth certificate with translation....Nothing more...

What make me believe that our case still pending for this document missed, my attorney won't send a complete pack and miss one paper if it was required !

My son with 13 years would save time to say hey there is only one paper missed here .... they spent 4 MONTHS AND 2 WEEKS !! :0 ...lol

ya, sorry - we've been seeing this exact RFE issued at SOME of the field offices.

it sucks, loads. It's as if the local offices are using different rules for adjudication than CSC or VSC or even MSC - and that's not fair to any of us, RFE or no.

There was probably no electronic notification of getting an RFE, as well, right ? Just the postal notice.

YEP !!! You are right Darnell... no electronic notification of getting an RFE, as well !

We just received this notice by MAIL, because on 01/02/13, my husband called to talk with an ISO to request an expedite...

After the guy on the phone lie to him saying our petition was back to CSC ... ( The last update was 09/05/12)

He got a letter from NBC saying they took the liberty of forwarding his service request to Reno Field Office...

Than the Field Office sent the RFE.... Or we would be waiting yet !!!!!

After 4 months and 2 weeks, my husband got in the mail the RFE letter asking for my birth certificate from the field office, Reno !!

What hell .....for what we have rules and information how to apply the form, if they don't follow what is written there ????

And every time they have something new to ask, just to justify the time spent to do their job !!

My friend's husband recently became a naturalized U.S. Citizen. Her step-son (his biological child) lives with them in Georgia. She was under the impression that the step-son could obtain a U.S. passport through his father. The son is going to be 18 years old next month. Her hubby received a letter from the Dept of State. Apparently, he needs to proof that he has legal custody of his son. The son has a green card and goes to high school here in the U.S. Father & biological mother were never married. What can he use to prove that he has legal custody of his child. The son was born in Jamaica. Does anyone have a similar experience?

How long the son live with them in Georgia?!! How old he was when he came to live with his dad ? what is the son visa class ?

I guess would be easy if their mom make an affidavit saying that her son live with his dad( for ??? years)in US and and state that she agreed. Get it Notarized at US Consulate ( if his mom live abroad )

Get all the school and doctor's reports and documents from ALL the time the son spent living there with him, I think would help.

You said : Her hubby received a letter from the Dept of State. WHAT THIS LETTER SAYS ????

Thank you Darnell. I called and the automated message said "on november 29 2012 we have APPROVED your application"

YEAHHH!!!

manchufelo

What steps you follow in this call ??? I'll try to call them now ....

And Congrats !!!!