elvenshadow

I just called NVC and talked to Lexi, she was very nice and helpful.

They got our I-130 file on 5/23 but of course they have no case number yet and said call in 30 days. Realistically, how long as it been taking for case numbers once they get the file? From what I gathered from reviewing several time lines about a week ago, it seemed that about 2 weeks was realistic. Would you say that is about right? Maybe a mid-June case number for me is a possibility?

Also, I finally got the check mark thing cleared up for I-864 tax stuff. If you send all 3 years of transcripts, check BOTH boxes (13 and 14 in section 6). I heard conflicting things on this forum so I wanted to confirm.

Also, she said if my 2013 tax return transcript form the IRS website is not available in time for when I send the AoS, I can send the proper return transcripts for 2011 and 2012 and send the 2013 return copies (1040 W2 etc) in place of the transcript. She said that I should write whatever amounts appear on the actual documents I send even though the return transcripts are auto-rounded and the amount I wrote on the 1040 still has cents on it. She said we are all technically supposed to round to the nearest dollar when we file our 1040s but I never have and so she said just write it as it shows on the paper or they will send a checklist.

Sorry for the long post but hopefully that is useful to someone at some point

OK two questions about the i-864... first of all, which parts of this should I be putting n/a or none in order to not get a checklist, like income from other family members or what???? I did fill in mailing address if different cause I know that one,

and second question... I am living abroad but I do have a job offer for when I move back to the US, so on my current annual income, on the employer letter it states what my approximate annual income will be, but that is considering 12 months and I obviously wont be working for 12 months this year, so.... do I put the amount I will make estimating when I will start or the full year's income?

I am in the same situation as you. I am living abroad and my job will end when I move back to the US. You have to write your current annual income as $0. I will be doing the same and using a joint sponsor and showing assets. I suggest you do the same.

From the NVC website:

“Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support?

No, the law does not recognize offers of employment in place of the I-864.

A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement.”

Thanks for the additional information. We already have translations for everything so we will send them to NVC just to be safe, and bring them to the embassy as well.

125% Poverty line for 48 contiguous states, the district of columbia, Puerto Rico, the U.S. Virgin Island, Guam and Commonwealth of the northern Mariana Islands for a family of 4 is 29,812 But if you live in Hawaii yes for the household size of 4 will be 34,287...just wondering coz your profile says, IL

*smacks head* yea... I was looking at the wrong chart. We will be living in IL, so that is correct. I guess then we technically would just barely make the requirements without assets but as Pushbrk said, it probably is a good idea to include them anyway, so I am still curious if all the stuff I posted is correct otherwise.

Your wife, the intending immigrant is part of the sponsor's household size whether she ever sees their house, BECAUSE she is the intending immigrant.

Your brother only counts if he is still a dependent of your parents. It takes more than living in the house to require being counted in the household.

If your brother is not shown as a dependent on your parents' tax returns, then their household size will be 3, consisting of the married couple plus the intending immigrant. If brother is a dependent, your parents need income to cover a household of 4.

If your brother is NOT a dependent and has income, he AND his income can be included, making the household size five but increasing the income.

Read those instructions about using income from household members, and read the actual form. If you had, you would already know the intending immigrant is counted in any sponsor's household size.

OK. I think I understand. I read the instructions a while back but I needed a refresher. I just re-read the entire thing, but I would just like to confirm my situation if you could just please bear with me.

My brother is listed on their tax returns as a dependent, so yes, he would count and that would make the household size 4 (father, mother, brother, my wife). He works a low pay part time job and is a college student so including his income wouldn’t make much of a difference.

According to my parents' jointly filed tax return (1040), their total income from line 22 in 2013 was (roughly) $32,000. I don’t have their pay stubs yet so I don’t know their exact current household income but for the sake of things right now, let’s just assume it is roughly the same.

According to I-864P, the poverty guideline for household size of 4 people is $34,287. This means that based on income alone, they will NOT have enough to cover the requirements, meaning we will absolutely need to use assets.

Difference between their household income and the requirement is $2,287. (Let’s just use $2,300 to make this simpler to calculate). So their combined assets must equal 5X2,300 or in other words, $11,500. With just their savings alone, this should be no problem to cover. Also, according to the I-864 instructions, the beneficiary can use her assets regardless. It also says if doing so, she is not required to fill out her own I-864A and can just show proof of such assets (and we would write the numbers on my father’s I-846). Is this correct?

In regards to my wife’s assets, currently she has a lot of money in a bank account here in Japan. Technically it is both of ours but only her name is on the account due to Japan not having joint bank account options. My wife and I also currently have a US bank savings account that is under both of our names together. My mother’s name is also on the account because we wanted to give her access to make things easier for us when sending money back to the US and whatnot. Currently in the Japanese account, there is roughly $10,000 (in yen). Given this information, would it be best to

A. Leave the money as yen in the Japanese account that only has my wife’s name on it

Or

B. Send all this money back to the US and convert it to USD, and put it in our joint savings account (which has about $6,000 more dollars in it as well).

?

Basically, I am asking because I am unsure if the people reviewing our case will still hold assets as being as credible if multiple people’s names are on it instead of just the beneficiary alone. Since my mother is part of the household of the joint sponsor anyway, I would like to think it shouldn’t matter, but I just wanted to check because it does not say anything about that in the instructions.

So, sorry for making things difficult but I just want to make sure we get this right. Thank you for any help you can provide.

So the joint sponsor's household size DOES include the intending immigrant (my wife) even if she is only staying with them temporarily?

Currently my father, mother, and brother live at that house. So does their household size remain 3 or does my wife count as part of their household size for purposes of my joint sponsor's I-864?

Sorry for the confusion

I was just reviewing some information on this page here

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

I noticed that it says all AoS forms should be filled out in CAPITAL letters. Does anyone know how important this is? Has anyone filled it out without having it in all caps and still got approved?

Oh and sorry but I just thought of something else as well. My wife and I are listing our intended address in the US as my parents’ house. We will only be living there at first until we find our own place. They are going to write a letter stating this to the NVC. If we are planning to live there, would NVC see that as their household size increasing? There would be 5 people living there then if the 2 of us are added and that would make the poverty line limit higher than their current income. Is this something to worry about or are we OK?

Update: started our application last april.got our priority date and the laat letter we received is that our petiton is sent to NVC. I just want to ask if you have any idea when they will ask for my passport copy? I am a filipino but currently working in the middle east. I havent change any of my documents/ids to my married name yet. I plan to renew my passport by december when my contract finishes and finally stay in the philippines while waiting for the whole process to finish. Will that be okay? Or will it delay the whole process?

They will need the beneficiary’s passport for the IV package. If your case just got shipped to NVC then you probably will not be able to send the IV package until at least a month or 2 from now. So, try to have it ready for then.

The petitioner’s passport is not required for NVC.

For household size used to get the required amount, is it the household size of the joint sponsor or the household size of the petitioner/beneficiary what is used to determine which poverty line number to use? Our joint sponsor’s household size is 3. Does that mean the poverty line used in this case is $24,737? The total household income for my joint sponsor is $31,000. That is not very much higher than the poverty guidelines limit. Is there a chance they would reject us based on this information? It’s still above the required number but I don’t know how strict they will end up being so I’m a bit worried.

Also, what documents specifically would be required if they list an apartment that they own and the house that they own as assets?

Yea, honestly I am just lucky as hell. I did a bit of research on the process just a little less than a year ago and read that I can do DCF and the process takes like 5 months or so total and so I sorta put it off not realizing how brutal this whole thing really is. Then when I decided to start the process in late March, I got a harsh wake up call when I realized the info I read was out dated and that DCF in Japan was killed off sometime in 2011 and that I was stuck filing to the lockbox. I promised my whole family at our US wedding last August that we would return in one year after living in Japan for 7 years, and when I realized that I probably would need to stay in Japan one more year, I was pretty shocked. It was kind of an emotional roller coaster not knowing what is going on but things ended up working out that they are now expediting overseas filers and I can see the light at the end of the tunnel. Granted, things are still not gong to plan 100% and I may need to be unemployed for 2 months but it's better than leaving my wife behind. We have enough saved up so we will live. It's just that she really wants a baby soon but we would rather have it in the US because it will just be easier and she doesn't wanna fly while she is pregnant, so we will do what we have to to make it back this year.

I truly do feel for the people who are forced to take the long way though. If I had read up properly when I first started researching and applied nearly a year ago, I may not have even gotten NoA2 yet due to the way this unbalanced system seems to work. So, in other words, I just got lucky. Sorry to be "that guy". I will do my best to help answer other people's questions on here though. I'm far from an expert but it's the least I can do.

Oh, of course I plan to go to the interview equipped to max capacity. I'm going to bring just about everything I can think of just in case. There's no consequence for bringing tons of extra stuff to the interview. If they don't need it, then I bring it home and that's that. As long as we walk out of the embassy with an approval, then I am doing whatever it takes to get it.

You don't have to send it to the NVC. If you feel the need to take extra evidence just in case, take it to the interview.

Yea that is what I figured. I think for most people, sending extra evidence to NVC won't make much of a difference and will just make things more difficult for them. I honestly can't say if the people from India or China who claim that the whole "middle loading" is necessary are right or not, but I think in my case it would probably be unnecessary. I just wanted to make sure. I think in this "game" we honestly have only a small degree of control of what happens to us, but within the small frame of what we CAN control, I want to make sure I get everything 100% correct.

We have plenty of money saved, just not 60,000 which is how much we would need to not have a joint sponsor. I will not need to actually rely on my father to pay for us, but I just need to show the NVC that he can so that we get approved. I will probably not be able to get a job before moving back because most companies will want to interview in person before hiring someone but I will be applying up until we move and should be able to find something shortly after.

I want to move because I have worked in the English education field here for 7 years and it is a dead end. No career advancement and I can get a better job that has potential for advancement in the US. I also miss living near my family and friends. My wife will be able to work eventually be we plan to have a baby shortly after so that will be her job once we move back.

You make a ton more money than I do. I'm still young and still have time to make a better future. If I stay here and do the same old thing forever I will be going nowhere. We can still visit Japan every year so no worries.

Anyway, thank you for answering my questions, though it seems our situations are actually quite different.

Yes, you want the return transcript. You technically only need to send the most recent year, so 2013. You can also send 2012 and 2011. I would recommend doing so just in case they want it for whatever reason later on, it won’t cause delays.

Keep in mind that if you do not submit the 2012 and 2011 transcripts, you still need to write in the information from them on the actual I-864 in section 13.

One more thing, when filling out the I-864, be careful about the boxes that you check in regards to which forms you are sending. The way they word things is extremely confusing. I heard from someone that you should click BOTH boxes if you are sending all 3… but then I heard from someone else that you only click the 2^nd box if you are sending all 3. I am actually not quite clear on this myself but I THINK you click both boxes… maybe… Hopefully someone else can chime in on this one.

Jeff, go with the transcripts. The only thing is that if you sent your forms by snail mail, they may take up to 8 weeks to appear. I filed my 2013 taxes May 1^st but there is still no full, proper 2013 transcript available. I got the 2012 and 2011 ones instantly with no problems though. I am hoping the 2013 one is ready before it is time for me to send the AOS packet. If you send those transcripts, you do not need to send anything else. If you absolutely cannot wait, you can send the 1040 and all of the other files you listed. As for your W2s, you only need them if you do not send the transcript. I didn’t know this until just today so I already went an translated mine into English (which was a pain). The Japanese equivalent of a W2 is源泉徴収票 (げんせんちょうしゅうひょう).

Also, it seems that if you have a joint sponsor, regardless of whether or not that person sends the transcript or the 1040 and all that other stuff, they need to send their W2s anyway, so be careful.

So my wife got her visa yesterday. I think basically she has 6 months to move here, or she loses the visa. Also, I know she has to file the I-751 within the 90 day window before her status expires or she will also lose her status.

Is there anything else?

If you guys have any questions about the NVC or Japan I can answer them. Overall the process has been straightforward. I used the government's website as a guide, since I have found some of the information here is outdated or wrong (

I think the biggest thing is being able to prove you can support your family when they arrive to the states, both being income and place to stay. At the embassy they rightfully only requested recent tax documents, as they had received all other documents electronically. No one asked her about family pictures, boarding passes, etc. We had those things as well, but apparently they just asked how many times a day we talked. I haven't asked her all the details about the interview yet since it was just a few days ago.

Anyway let me know if you have any questions as well as any insight on how to proceed further.

Congratulations on your wife’s visa! I am sorry that I don’t know much about the next step you need to take, but I would love to take you up on your offer about some advice. I live in Japan with my Japanese wife and we just got NoA2 on May 14^th so now we are waiting for our case number and are gathering all the NVC stuff. I do have a few questions for you.

Was NVC strict about your konin todoke? We only have a certified copy and cannot find the original. We sent a certified copy to USCIS with no issues but I heard stories of NVC being more strict with people lately. Did you send a certified copy or the original?

Did NVC give you any problems about the family register for the birth certificate? Did you need to explain anything about it to them?

The thing I am most worried about is the AOS. We are using my father as a joint sponsor because my income will end due to my job being in Japan and me quitting it to move back to the US. My father makes enough over the poverty line but he wasn’t planning on including assets. How necessary do you think listing assets is?

How long did it take you to get an interview after Case Complete? I need to leave Japan before October 29^th due to visa reasons and I am hoping my wife can get her interview finished by then. Do you think it is realistic that I can get an interview for September given an NoA2 of May 14^th?

Sorry, I didn’t mean to derail this thread with the 22 days thing. The only reason I posted it was because it was relevant to my question about providing extra proof of marriage to NVC. I thought this was common knowledge now but I guess many people were still not aware.

I think those of you who filed in 2013 just got really unlucky since things were really backed up around that time. The government shutdown at the end of last year also surely delayed things a bit.

Anyway, I certainly wasn’t trying to brag. I can understand your frustration and I certainly am very grateful that I do not need to wait much longer since I need to leave Japan by the end of October since I will not re-contract on my job here which ends on July 31^st.

I honestly hope things go smoothly for all of your from here on out. Sorry to be one of “those guys”.

Are you talking about what you sent to USCIS for the I-130? I had no problem with my certified copy and translation being sent to them, but I have just heard stories about other people who also had no problem at USCIS but are now getting checklisted by NVC for sending the exact same thing.

Has anyone who sent a certified copy of your konin todoke (marriage certificate) ever had trouble with NVC? I have been reading a lot about people getting checklists lately even after sending certified copies of their marriage certificates (from other countries) I cannot find the original and used a certified copy for my I-130 which was approved, but it seems like NVC is being more strict.

did you say that your i-130 was approved in 22 days?? what did you do?? why wasn't i so luck like that?? i was literally a month away from completing a year since i started this process when my i-130 got approved!!!

It seems that they auto-expedite cases that are filed from overseas (where both of the married couple live abroad together). If the case gets sent to CSC, people have been getting approved in a matter of weeks. It seems that they are doing this to make up for the fact that we can no longer do DCF at our local embassy.

http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

BTW, quick question. Are W2s required for AoS if you are sending tax return transcripts or are they only required if you are sending the actual 1040 and the other stuff?

I just spoke to Kevin (super duper nice) told me exactly what I messed up on line 13a on I-864 and 11 on I-864A.. But everything else was good.. He told me the same thing as you that I don't have to wait for the checklist email and to go ahead and send the revised AOS with original cover sheet.. Thx again for your help!!

Wow as I was typing this I got the checklist email

May I ask what you did wrong on line 13a? I don't want to make the same mistake.

Yes I am, you have to middle load in China so I am. There are stories about that certain interview window you go there to get a rejection. I think they make up their minds before the interview. Every time I hear JVers talk about Joy on the NVC phone it sounds like the lady they describe in China that hands out the rejection slips. So I want the consulate to feel at ease about our files.

For those of you who are sending additional evidence of genuine marriage and photos to NVC to “middle load” do you think it is necessary for someone whose wife is Japanese and do you think it is even worth doing considering my I-130 only took 22 days? I mean, the evidence submitted with the I-130 package is all at NVC right now as well right? I can’t really submit anything much newer than what I already submitted since it has only been like a month since I sent the previous evidence. Do you think I should just not bother with that stuff?

OK, hopefully that will cover everything that I need to know once I am able to actually fill out the 260. Thanks for the help!

Not that it matters but I just got the hard copy of NoA2 today in the mail, so it took exactly one week from the email. Still waiting for my case number but I know it will take probably at least 2 more weeks from today if not longer.

Jahness, read the wiki for the NVC phase. You can find the link on the first post of the May 2014 NVC filers thread.