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MamaJoy

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    NVC steps on concurrent I-130, I-485 applications

    in Bringing Family Members of US Citizens to America

    Posted · Edited by MamaJoy

    Just an UPDATE:

    Called USCIS about the NVC Welcome Letter. NVC should be sending a letter within 15-30 days retracting the letter that said we need to pay fees, submit visa application and financial documents, and that interview will be scheduled in Manila. USCIS confirms there should NOT be an interview in Manila if there is a concurrent I-485 Adjustment of Status application on file.

    We also learned that USCIS was not able to deliver the I-485 AOS application packet to my father's address (which I am guessing might have caused the NVC mix-up) but this AOS letter will be resent.

    All well and good... :dancing:

    NVC steps on concurrent I-130, I-485 applications

    in Bringing Family Members of US Citizens to America

    Posted

    hi

    if he is to adjust status in the US, he must prove that he entered legally in the country, the proof apart from copies of the passport where the visa is, copy of the i94,

    since there was no proof of legal entry, to immigration he isn't qualified for adjustment of status, and that's why the approved i130 was sent to the NVC, to immigration, he entered illegally

    question 22 has a left side and a right side, you complete one of the sides, depending if the beneficiary will have the interview in his or her country or the interview will be here in the US

    one side it says city and country the other side states city and state

    I have seen approved I-130 in here where USCIS explicitly mentions that the petition is approved but beneficiary is not eligible to adjust status. I did not have that in our approval letter. It just said it was approved and sent to NVC. Given that the I-130 has I-94 information in it, I would assume USCIS would ask for RFE.

    I know that question 22 has left and right side. The right side is the part that says "if beneficiary is not eligible....". The "if" part is for USCIS to determine and for them to inform the applicant about. As it is, the eligibility was never mentioned in the approval letter.

    NVC steps on concurrent I-130, I-485 applications

    in Bringing Family Members of US Citizens to America

    Posted

    hi

    when you sent the whole package, did you send proof that he entered legally in the country? if not then immigration assumed that he entered illegally and sent the i130 to the nvc or if on question 22 you put that he would have his interview in his country, that can also be the problem why the i130

    just notify nvc that your dad will adjust status in the US

    The I-130 has a portion where you can put the I-94 number to prove he entered legally. I did not see anywhere that I needed to turn in a copy of the I-94 as proof that he entered legally. On a hindsight I should have included it anyway. I did put in question no. 22 "if he is not eligible for adjustment of status to interview him in Manila". Should I have left that blank?

    I emailed NVC about the adjustment of status aside from the phone call. Is that enough notification or do they need a formal letter?

    NVC steps on concurrent I-130, I-485 applications

    in Bringing Family Members of US Citizens to America

    Posted

    I concurrently filed I-130 to petition my father, I-485 (Adjustment of Status since he resides in US) and I-765 (Employment AUthorization). I-130 was approved last April and case was sent to NVC. Now I get a letter from NVC saying we pay fees and submit financial documents. It also says interview will be scheduled in Manila (not in US when my understanding is that if there is an AOS application, interview would be in US).

    I read in NVC FAQs that I need to inform them if there is an AOS application. I called NVC and I was told to call USCIS to inform them. Tomorrow I will call. But my question is how can USCIS miss the AOS concurrent application? Has this ever happened to anyone? Also, will I submit to NVC again the same financial documents I already turned in I-485? What are the next steps once the I-130 is approved and there is a concurrent AOS application on file?

    Also, where do I follow up the Employment Authorization application that was also in the same I-130 and I-485 application? When does the 90 days take into effect when they should have acted on it already?

    Confused and annoyed,

    Daughter petitioner

    Effect of having family in US in student visa application

    in Student & Exchange Visitor Visas

    Posted

    Well here's the dilemma. Fullbright assesses an applicant's intent to go back to the Phils. So just from the Fullbright processing alone he is already being judged whether he is likely to return to the country. If that is the case how will having having a standing petition help if the grant wants to assume him returning back after studies?

    On the other hand, from visa processing perspective I understand that having a standing petition do help.

    So should he be petitioned for the sake of visa favor or will that hurt his Fullbright application?

    Effect of having family in US in student visa application

    in Student & Exchange Visitor Visas

    Posted · Edited by MamaJoy

    Have you or his parents petitioned him?

    He hasn't been petitioned. Will petitioning him help? My mom can only petition after 5 years as LPR right? I can petition him (I'm USC) and then just transfer the sponsorship to my mom when she's qualified to do it. But doing this will contradict the assumption of him returning to the Phils after his studies.

    Effect of having family in US in student visa application

    in Student & Exchange Visitor Visas

    Posted · Edited by MamaJoy

    My younger brother is applying for Fullbright scholarship to get a PhD in Economics here in US. He has sincere intentions of going back to the Philippines after his doctoral studies to make a difference in our country. Having a US brand of education of course helps propel his credentials to a higher level as perceived in the Phils.

    Question is will his student visa application be affected at all by the fact that he has immediate relatives (me & both our parents) living here in US as citizen and LPR? Once, when he applied for business travel visa to attend a prestigious conference in New York (which he rightfully got invited for) he was denied for lack of ties in the Phils. We were wondering if such will be the case again in application as a Fulbright student.

    Item #16 in I-765 Applying for Employment Authorization

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted · Edited by MamaJoy

    In item#16 of I-765 Application for Employment Authorization, what category would my father fall? I have already sent an I-130 petition for him. I will send an I-485 (Adjustment of Status) application concurrently with the I-765.

    Will it be ( 7 )( a )( c )( 9 ) EAD Applicant who have filed for Adjustment of Status. Adjustment Applicant.??

    Thanks!

    Income in Affidavit of Support if recently resigned from job

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    hi

    that's why you will have a joint sponsor, you will put $0 income

    you don't need to add your husband's income unless he is the one being your household member and filing the i864A

    if you have a joint sponsor other than your husband, don't put any of your husband's income on your form

    for 2013 taxes you attach your W2

    Well the I-864 instruction seem to imply past earnings or at least earnings for the previous year. I was the sole income provider of my family before I resigned early January this year. My husband recently got a job but it won't be enough to meet the FPL requirement. I have worked for the last 2 years and is still capable to earn what I earn as soon as I get a job offer, so putting zero as my current individual income does not seem accurate.

    Income in Affidavit of Support if recently resigned from job

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    I am filing the affidavit of support for my I-130 petition for my father and corresponding I-485 Change of Status since he lives in US.

    My question is what to put in the Affidavit of Support on the question about my current individual income if I have recently resigned from work (Jan. 2015). Should I put a future expected income for the year which will be depend if I get the job I have been applying for, or should I put the amount I made the previous year of 2014 before I resigned?

    I have a joint sponsor who will have enough to meet the 120% FPL limit. My husband's income will also be added in our household (eventhough we won't meet the FPL). I am just concerned that my individual income will not appear as if I cannot make an income.

    Thanks in advance for any help you can give.

    J

    May 2013 IR-5 timeline

    in Bringing Family Members of US Citizens to America

    Posted

    I received approval of my petition for my mom dated 7 Feb 2014 and that the case has been sent to NVC.

    Question:

    My mom has changed her address. I know she will soon receive a packet to proceed with interview, etc. Does anybody know where I can change her address. There is a site where I, the PETITIONER, can change my address. But that is different from her changing her address, right?

    Any help would be appreciated.

    Thanks so much!

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