Tokki

12 minutes ago, OldUser said:

As a sponsor, you will have to file I-865 every time you change the address. You don't need to update the affidavit, but make sure to bring the latest information to the interview. You're likely going to be asked about your employment.

 

The best strategy is to submit everything you have at the time of filing. Long time ago people used to file thin cases and bring evidence to interview. Up until recently, USCIS would expect you to give evidence, and issue RFE before interview if there was no enough evidence submitted with filing. Recently, more and more people report getting Notice Of Intent to Deny (NOID) or straight denial when submitting little evidence. It's in your best interest to submit as much as you can. Get affidavits from friends, open joint bank accounts, start combining finances and save for joint goals together. Your spouse has H1B, thus has SSN, thus can do a lot of financial stuff already, including merging finances once you get married.

 

File as much evidence as you can find, and keep collecting it. Your spouse will need it for Adjustment Of Status, Removal of Conditions and possibly for Naturalization. 

 

This is very informative, thank you very much for you help. We will start collecting evidence and do our joint bank account/ health insurance before filing.

19 minutes ago, OldUser said:

Hi @Tokki

 

1. You need to tell the truth as of the time of filing. If you live at different addresses when you file, you need to list different addresses.

2. No, the beneficiary cannot leave the US before getting Advance Parole. If he leaves, he will abandon his AOS application. No, EAD should not affect H1B.

3. No, you should file ASAP after marrying, there's no need to wait. Immigration takes a long time.

4. For affidavit of support, US citizen income information is needed. It's ok if you haven't filed jointly at that time. If you don't make enough to sponsor your spouse, you would need to find a co-sponsor. For bonafide marriage evidence (should be a different question), you may submit marriage certificate, photos from your dating times / proposal / wedding. Any documents related to organizing the wedding (venue reservation), plane tickets with both names, messaging between both of you, receipts for presents etc. During the interview make sure you're you're ready to explain why you didn't live together initially and how you moved together etc.

Thank you so much for spending time answering my questions, just to clarify:

- I will have to change job after moving, do I need to update my affidavit of support then?

- Bonafide marriage evidence: Can I bring parts of these later to the interview? We are planning no wedding, at most, just a small party with friends and family which will be next year so I won't have proof (photos, reservation...) by the time we file. 

Hi everyone,

I'm US citizen and my fiancé is Canadian H1B visa holder, we plan to get marry in September and start the green card process asap. I have a few questions, hoping someone can clarify. We are currently in 2 different states due to work (CO and MN) but I will move to MN by end of this year or early next year at the latest. All these questions mostly for if we file before the move happens:

1. Do we use different addresses or should we use just the MN one? Will either scenario cause any problems later on?

2. We will file I-130, I-485, I-765 (I'm not 100% sure, but I think this is the EAD) and advance parole together. In that case, can we leave the US before getting advance parole or will we have to wait? Does filing for EAD affect his H1B status?

3. If we file immediately after getting married, does it look suspicious to USCIS?

4. When will I have to file Affidavit of Support (This is the income proof, right?), as well as other proof of our marriage? I'm worried that if we file before the year ends & have to send those at the beginning, we won't have proof of tax joint. We are currently living apart so we have very limited proof (no joint lease nor tax), mostly just health insurance and joined bank account.

Thank you in advance for your help

Hi everyone,

I tried to search for an answer on google but was in no luck so I really hope someone can help.

Our case is F2B, my brother finished submitting his civil documents and DS260 in Dec 2021. 2 weeks ago, we received an email from the NVC saying the status was updated and we should log in to our CEAC. However, we did not see any new messages or requests to resubmit any documents/ payment.

I have tried to log in a couple times after that but still no update. Has anyone run into the same situation? Is this normal or should I contact the NVC?

4 hours ago, pushbrk said:

Best practice is always to include the joint filing spouse's I-864a.  Yes, you can use the 1040 instead and then take a corrected transcript to the interview once you have it.  I don't see a problem with the name issue, really.

 

You say you explained why Dad's income is different from the transcript.  His current income would be but the tax section of the I-864 should match the total income from the past returns.  Same with Mom's forms.  Enter total income from the tax returns, not the individual's income for the past years.

Thank you so much!

I will include her i-864A and use 1040 + W2s.

And you're right, I misunderstood the instruction. They should be the same as in tax returns.

1 hour ago, Timona said:

 

What name issue? You don't need to change anything 

You don't need W2 if you have IRS Transcripts 

Long story.

Their tax preparer made a typo in my dad's middle name when filing their tax last year. They went to the IRS to have it fixed but for some reason now my mom's name in their Tax Transcript is complete wrong even though last 4 digits of SSN shown there are still correct. They need to make another trip to the IRS again but this will take a while.

This is basically the reason why I: 1) don't want to list my mom as co-sponsor and 2) don't want to use transcript, I'm afraid either case will trigger an RFE.

At least with the 1040 and W2, they have accurate names and SSN. I'm only worried if not submitting transcripts delays the case since it's the preferred form.

4 hours ago, Timona said:

1. Yes. Your mom will have to do I-864A since she's jointly on the IRS transcript. I don't think separation of income on transcript is permissible as I-864 asks you to read the income from "a certain line", which is usually combined income. So he cannot separate his income. Total $$ will be combination of both. 

2. Dismissed because of 1 above

3. No

Thank you for your help.

Another question if you know the answer, I am thinking of getting around the name issue on their tax transcripts by using tax returns + W2s/ schedules instead. Do you know whether tax returns will extend processing time as compared tax transcripts?

Hello,

My dad is the petitioner for my brother. I hope someone can help me, I have seen so many different instructions that I'm confused now.

1. He files joint tax with my mom but plans to use only his income since it's sufficient. Is it a MUST that my mom files i-864A? I know this is the easiest way, we try to avoid this because the IRS messed up her name (SSN still correct)  in their system, we just found out and would need time waiting for them to correct and update.

2. In case filing using only his income. For part 6, items 24a,b,c: Should we use their Total Income from line 9 of 1040 or just the total amount from his W2s? We will attach his W2s for explanation purpose either way.

3. Should I also file as joint sponsor (even though we're pretty sure my dad's income is qualified), would that affect the process?

Thank you very much

Hello @pushbrk

I apologize for bothering but I need help and it seems that you know pretty well about the whole I-864 thing. I hope you can answer some of my questions:

- My dad is the petitioner for my brother, he files tax with my mom but his income alone is more than 125% poverty. He filled out form I-864, in which we explained why income written in the form is different from the tax transcripts. We have his W2 from 2018 to 2020 together with most recent 6 months pay stubs attached. In this case, do we have to include my mom and have her fill I-864A?

- The reason we want to avoid including my mom is because the IRS messed up her name in their tax transcript. We have requested an appointment to fix that but waiting will delay the case. At the same time, we had them fix my dad's name earlier this year and somehow during that process they messed up my mom's name so I don't trust they will get it right this time either. My parents' tax preparer said it should be fine, the NVC only looks at SSN, is this true? Their 1040 has both names correct, can we use these instead of tax transcript (I know transcript is more preferred)?

Hello everyone,

My dad is a permanent resident and is petitioning for my brother. We are preparing to submit financial documents. Initially, we only fill out form I-864 as his income is enough, however, some people told us that since he files joint tax with my mom, our case will be delayed if we do not include her.
 

We have prepared all the W2s and explained at the last page of my dad's I-864 why the income is different from IRS tax transcript. Would this be enough to have our case go smoothly or we absolutely have to include my mom?

Thank you

Hi, I mailed out my documents last week using USPS Priority Mail, I am sure I wrote USCIS address correctly (PO Box 21700, Phoenix, AZ 85036).

However, today their tracking showed it was delivered but to AZ 85034.

I am really worried about this issue, has anyone known if I should do something or they delivered to the right place?

Hi, we had interview on March 29th and got approved.

When I check ceac status, today it changes to Administrative Processing

From what I heard, people got change from Ready to Issued, is AP problematic or it's just a normal case before my visa issued?

Our interview is scheduled in March and they require us to bring the original birth cert of our uncle.

However he lost it long ago, in the interview letter, they said "If you do not have the petitioner’s Birth Certificate, the officer will review the case and provide guidance at the interview."

Anyone was in the same situation can give me advise or any one have ideas what will happen?

I was told by email from NVC that our interview's scheduled on March 29th

We still haven't received their letter, can we do the medical check now or we have to wait until we get interview letter?

What are we going to do next?

Hello everyone. I just called my embassy for information about my interview and they said that my case was still at the NVC even though I got CC on 12/23. Any advice on what I should do? It's frustrating because I thought my case automatically transferred to the US embassy in Korea after CC but I guess not. How long should I wait for the NVC to transfer my case? Please help. Thank you!

Same here, my case was completed on Dec 14th, I haven't called US Embassy in VN but my case status is still At NVC

Congratulations Tokki. Hopefully you hear back soon. It will be a great New Year's present.

I am planning on petitioning my mother in the next few months. I know the I-130 is $420. How much are the fees for NVC now? If I remember correctly when I got petitioned years ago we paid NVC $88 and $400 something. Is it still the same amount? I just want to make sure to have a budget for everything.

Thank you.

It's 120$ and 350$, mine is F4 so I don't know if there's differences between types of case

They sent me the interview letter on December 3rd just detailing what my step-mother and step-brother have to do and also the exact time and date of interview. They also list the documents received and what to bring to the interview. But I just go by the list according to the embassy's guide.

Wow, I called them on Dec 18th and they told me my case was completed on Dec 14th, they're looking for an interview slot for me. I also got 3 N/As after that, but until now I still haven't got their case complete email. Is it normal if I don't receive it?

Hello I just received this email from the NVC. Can anyone tell me what this means please. Thank you! My date is Nov. 12. Happy news years and thank you

your case is completed, congrats!!!!

Yes I did. My scan date was October 13th-ish and my cc date was November 10th. My step-mother and step-brother completed their medical examination and vaccination within a day. Their interview is scheduled for January 8th in VN.

ohhh, good luck on your interview, how long before the interview date that they sent you appointment letter?

For Vietnam, it can take between at least 30 days to 2 months for an interview after cc day. For other countries, some may get an interview just days after or some may take even longer than 2 months.

thank you, have you got your interview yet?

If you have your case completed in December, your interview probably won't be until January or February. If your embassy is in Vietnam, I'd say you won't get an interview until like late January or during February.

Do you know how long does it usually take to arrange an interview here from the cc day?

Tokki have you received case complete mail and interview date?

Still nothing, how about you?

Congratulations! What number to contact nvc? I want to give them a call to follow up if they have received my petition from uscis yet. It was sent dec 16.

Thank you!

6033340700

If your petition was sent to the USCIS on December 16th, NVC won't receive it until about 5 months later.

I received my cc email within 2 days after my case complete date.

9 days after and I still haven't received any emails, what do they say in case complete email?

Have you received CC email? Any change in your status / details on ceac website after or just before completion of case?

Not yet, I wonder why it takes so long. I have 3 N/As on ceac, I don't know it was after or before I called NVC that my AOS fee changed to N/A but it's definitely not before the day they told me it's completed (which is Dec 14th) since I checked and saw nothing before that.

Attached is mine. I don't know what this means.

Yours and mine look exactly the same. Is yours cc or is it still at the NVC?

Hello, based on what I read here and my own experience, when you see the AOS fee changes from Paid to N/A, it means you get cc, right now it's still Paid though.

However I suggest you to call, mine was completed on Dec 14th, I called on Dec 18th to check, they told me mine is completed and on Dec 19th that I have N/A for AOS fee. Some other don't get that N/A even after they receive cc email from NVC