Jenvds

Assets can be counted, but they need to be significant. I believe it's the 125% poverty level multiplied by years (but I don't remember how many). The assets also must be fairly "liquid" in a readily usable form. I don't think real estate or personal property counts, but I would definitely research that more. They don't care about your credit.

But the whole "can't leave China" thing...? If she can't leave China, how can she enter the US?

I think you need a specialized lawyer. Maybe one for China and one for the US because they also require a police report before the visa can be issued.

It sounds like you have a lot to overcome. I wish you the best of luck!

If you are filing to bring your wife, you will need to file for a CR1 visa if you have been married less than 2 years at the time of filing, or the IR1 visa if you have been married for over 2 years at the time of filing. Both of these visas begin with filing a petition using form I-130.

There are sections in the visa journey forum that can answer many of your questions. http://www.visajourney.com/forums/topic/302-ir1-cr1-general-guides-and-info/ this was most helpful for me.

I also know that whether or not you work, you will still have to file an affidavit of Support. If you do not meet 125% poverty level for your family size, then you have the option of finding a joint sponsor who meets the requirements when including the immigrant (your wife) in their family size. They will fill out their own affidavit of Support.

Not having domicile is an issue. I'm not an expert, but I'm pretty sure you must have maintained a home by ownership or lease for a minimum period of time before filing the petition.

I have more I could say, but since I'm not sure, I will let those who know more answer.

Edited : I WOULD DEFINITELY SEE IF YOU QUALIFY FOR DIRECT CONSULAR FILING! It could save you a lot of time if you qualify (and if there's a consulate that allows it in your area) , I really don't know much about this process. I just wanted to mention it so you can look into it before you completely lose hope in the process.

I don't know about the employment question, but I can sat that ESTA is not a visa.

Directly from www.cbp.gov "ESTA is not a visa. It does not meet the legal requirements to serve in lieu of a U.S. visa when a visa is required."

Hi,

Thank you to all you July filers who gave me good advice while I had a spazz attack about my NOA1!

I called today and got my receipt number and checked on my case. My case is dated Aug 7, and it went to California! (I kinda feel bad being happy about that because I really feel very awful for the members who's cases didn't go there.)

I hope everyone gets their NOA2's in record times.

I'm mostly going to be bugging the folks in the August thread now, but I'll definitely be watching for approvals here and celebrating with everyone (and getting excited about our own approval).

This couple sent theirs on the 4th and got a NOA1 only yesterday:

http://www.visajourney.com/timeline/profile.php?id=210299

I'm waiting for my NOA1 too, although my I-130 only arrived yesterday. Let us know if you end up calling, and when you get the NOA1. In the meantime, try to put it out of your mind and think about other things over the weekend

We sent ours on July 20th and still have no NOA1. Our check wasn't even cashed until August 11th or 12th. It's sad but just because other people get things faster is no guarantee we will. That's a hard lesson. :-/

Hi i think the petitionar can call USCIS and ask if it's possible to send an e-notification. They are usually very helpful. You can ask your file number and where it was transferred to... If your check was cashed then your lawyer probably received NOA1. Give each one a call and demand answers from your lawyer. I would do it...

Thanks! I think I will. I'm terrible at waiting. But I try... ;-)

Hi everyone!

We sent our petition on July 20,but haven't gotten our paper NOA1 yet. I learned our check cleared our bank on August 11. 3 weeks!

Is that at all normal?

We still don't know what service center we are at. Our paperwork was filed by a lawyer because our joint sponsor only felt comfortable that way. Our lawyer didn't include a g-1145 ( the email form). When I found out he didn't I just about HAD KITTENS! I really don't understand why that would ever be left out.

Anyway, does anyone have any idea why it would take 3 weeks for them to cash the check? I'm worried it's a bad sign.

How long after the check is cashed can we expect to wait to get our paper NOA1?

I just feel we're not off to a great start... :-(

Well, I just called my bank again. The check was paid out this morning!!!

I'm so relieved.

I hate that we lost 3 weeks, but I'm just glad now that we are officially "recieved".

So I'm wondering, for the purpose of this forum, we're probably considered August filers. Right? I think so because then our timeline will be more like others in August.

So, I'm happy for everyone here, hoping we all get our approvals and our loved ones quickly. But now I'll probably be posting mostly in the August filers thread.

Love and good luck to everyone!

We used a lawyer because that's the only way our joint sponsor would agree, but when I ask the lawyer for the tracking number he said he sent it "regular mail". I would have never dreamed that someone would send something so critical (with a $420 check) without delivery confirmation! I was so upset when I found out.

He came highly recommended both on Yelp and personally. But all he keeps telling us is "wait". We don't have the money for another application fee, and our bank won't refund a stopped cashier's check until 90 days.

I feel like I keep pounding on a wall of bulletproof glass, I can see my future, but there's no way for me to get to him.

Hi Jenren. Extremely sorry for your mother may almighty bless her with health and long life and bless you with strength to care for your ailing mother.It is an unusual situation that you are going through haven't seen anyone else's petition which was not replied with noa1. I would say call up uscis once in every week and ponder them politely to look into the matter. Stay strong, everything will be fine, don't loose hope soon there will be light at the end of tunnel.

Thank you. It's just hard to keep my spirits up. Especially with everything going as it is. I know he will get here eventually. But I really need his love and support here and now. There have just been so many enormous issues in my life lately that I'm just having a hard time. Everyday at this point is lived in "survival mode".

Mailed petition July 20. Still the check hasn't been cashed. USCIS won't say anything other than "please wait 30 days, then check again".

Everyone else had their checks cashed (and NOA1) in a few days to a week. I'm so upset. And no one seems to care that this is our life together we are losing one day at a time.

And soon I will be the only caregiver to my mother who is dying of cancer, so not only will I be thoroughly stressed and need my husband, but I will also not be able to see him again until his visa is granted.

Maybe this isn't the right place to put this, but I don't have anyone else to talk to about it and I'm so hopeless and frustrated!

?

I'm in California and I sent it to Arizona... I hope you get a reply or some sort of notice soon.

Thanks. Me too.

Have you checked or looked into that lawyer on Yelp or something to see if other people had the same issues like you are having?

We looked into him on Yelp! He has about 38 reviews. All very positive. That's why I agreed to using him. But everytime I ask for information like the package tracking number, or if he filled out the email notification form and for what email address, he just keeps saying "just wait. You won't hear anything for over a month". He doesn't answer my questions, but in his reply he even says "feel free to ask any questions you have". Maybe he just doesn't respect me, or thinks I know nothing of the process.

Tonight I asked my husband to email him and see if he gets answers I couldn't.

Either way, we should have been filed by now, and we're not. And that's so upsetting.

I would just go ahead and file a petition on our own (because our other was not recieved) but now we don't have the money. Like I said earlier, our bank won't allow the "stop" on the cashier's check until 90 days. :-(

The only thing I can think of is that our lawyer is based in LA, but I live in Ohio. Maybe he sent it to the wrong lockbox and doesn't want to admit it?

Do California cr1 petitions go to Dallas or Chicago...? Because I live in Ohio and we were supposed to send it to Chicago.

Have you checked or looked into that lawyer on Yelp or something to see if other people had the same issues like you are having?

We can't. It's a cashier's check and can't be cancelled for 90 days. We don't have enough money to refile.

I have copies of all my evidence, but not of the forms he filled out with our information.

Well I guess we're not July filers after all.

After calling many times because our check wasn't cashed I finally got someone to at least listen and look up if our application was received. It wasn't.

I don't have a tracking number because our lawyer didn't give it to me. We were initially going to file on our own,but we needed a joint sponsor. The son of my husband's friends agreed to be our joint sponsor, but only if we used the lawyer he is friends with and worked with before.

The lawyer just keeps telling me to be patient and wait. I'm starting to wonder if we got screwed.

I feel sick. All I want is to be with my husband. Why is that so hard?!?

I called twice today. Both times I was just told if it hasn't been 30 days since I mailed it then I should just wait... Grrr!

Hi. I've been waiting and waiting for our NOA1. So many from July have it already, so I decided to check and see if my check has been cashed. It hasn't. :-(

We filed July 20. Is it normal that our check hasn't even been cashed yet? When am I officially allowed to start worrying?

According to what I've seen posted here on visa journey the average seems to be about 5 months (based on timelines here not the USCIS reported times). But I've also seen several recently processed in about 40 days! So there's always hope!

I would DEFINITELY not come with the intent to marry and adjust status!

That is what my husband and I had planned to do. We had no idea it was fraudulent, because 2 immigrants I know very well did exactly that and no one batted an eye. We thought it was perfectly acceptable because I knew 2(!!!) people who came that way.

But what ended up happening for us was my husband (then boyfriend) was refused entry and told he would need a visa to enter the US again. He can no longer travel on the VWP. From what I understand it could have been much worse (like a ban from the US!)

They didn't do that because they knew we genuinely were not try to break any laws. We were completely ignorant. We were also extremely honest throughout the "interviews" with the border agents. I'm so grateful he wasn't banned!

Don't risk it. Please!

In the end we have decided to marry and are currently applying for a CR1.

I'm so happy for you. And hoping for the same for all of us very soon.

Our application was mailed July 20. Our lawyer filled out the email notification form, but the notifications are sent to him. I haven't heard from him about the NOA1. How long does it usually take? Also, how long does it take to get the snail mail version of the NOA1? I just really need to see some progress, and know where our case was sent. :-/

Thanks!

Away from major cities it's probably enough. I just looked for an apartment for a while here in Ohio. Most landlords require your income be 3 times the rent.

There's a possibility that things will speed up. Things seem to be frequently changing. There's always a possibility of a shift in priorities at the processing centers.

The timelines are based on the averages of previous cases if I understand it. So even a slight decrease in the average could mean a considerable reduction in processing time currently , couldn't it?

My husband and I mailed our application on Monday. So now I'm waiting the first "wait" in a long line of "waits" in our future. I'm so anxious to find out what processing center we end up at... I simultaneously need to know and don't want to know because of the different timelines.

I'm not good at waiting. :-/