pamequez

Hi all,

Back at it again. We sent my husband's removal of conditions on April 20th. USCIS received on April 22nd. We did not receive an NOA. So mid-May we called, and were given the case number and email to contact the lockbox. I emailed the lockbox. No response. Today, I called USCIS and was told to contact the local office to make an appointment for the I-551 stamp. 

From reading the comments, it seems that a lot of us did not receive a NOA. Interesting. But, anyway now let's have luck in getting an appointment amidst this pandemic BEFORE the 2-year green card expires. 

Positive vibes to all :)

14 minutes ago, sandranj said:

1- First you can't combine in one VAWA application the abuse your friend suffered and the sexual abuse her daughter suffered. She just filed one VAWA petition and because of this  USCIS put just her name.

 

2- The VAWA contains provisions allowing a child who was battered or subjected to extreme cruelty by a U.S. citizen or LPR  to file a  VAWA self-petition, it seems you gals submitted everything together and it's wrong, but in this case there are 2 alternatives a)  let her daughter to be a derivative of her I-360 petition, but the abuse  her child suffered  USCIS will not take into consideration or b) to file a self petition for her daughter. 

 

3- She has the option to file a VAWA petition for her daughter and if her daughter is under 14 years old she will sign on behalf of her child, then the child who was abused will be the self-petitioner, but her sibling and mother will not be her derivatives.

 

3- Your friend submitted her forms to adjust status but it seems that she didn't file form I-485 for each one of her child and because of this their names are not in the I-485 receipt.

 

If your friend has a strong case proving that she was abused, an attorney should decide this, then I would not submit a new I-360 for her child and once her VAWA is approved she can file form I-485 for both children.

 

If the police was involved in the child sexual abuse then her daughter qualifies for U visa as well and her mother and sibling will be her beneficiaries. If she wants to file VAWA for her child she should find a pro bono attorney to help her, but I believe most attorneys will tell her to leave her children as a derivative.

Thank you very much for clear instructions. I will translate for her and help her look for a pro bono lawyer.  I think this case needs it. 

Hi sandranj and everyone here!
I am currently helping a friend. (I know that sounds fake, but it really is my friend who doesn't speak English.)  If you check my profile you will see that I was on visajourney while petitioning my husband from Ecuador. He was approved And I felt very confident since I was able to do all the paperwork myself, with the help of visajourney.  Because of this my friend, lets call her JC requested my help in her applying for vawa. 

JC is married for almost two years now to a US Citizen. She fell in love with him when they met and dated prior to marrying here in the U.S. She brought her two daughters to live with her and her husband.  It was last summer that JC's oldest daughter told her that the step father was sexually abusing her. JC Moved out of the house and after various hospital and therapists visits, it was ruled that the girl was abused.  JC's husband ran away, he is gone. JC filed restraining orders and was granted this.  The daughter is going to therapy and JC is working as a nanny to try to make ends meet.  JC was also psychologically abused because he would keep her from coming outside and never wanted her to adjust status.  He even created a false new name for her when he did his taxes. He changed her last name to his last name without her permission, and it was fraudulent because she never changed her last name.  We combined all the paperwork, therapist letters, court records, prior issues from the husband(turns out he was married 4 times!) and marriage details that JC was in love when she was married. JC was reluctant to file for VAWA but now she believes that her husband is living in Ecuador and she fears to go back to Ecuador and he could hurt her and her daughters.  

We sent everything on May 25th.  And on June 25th, JC received a I-797 saying her case was received. BUT it only has her name. It does not have her daughters name.  Then last week she received a biometrics appointment for next week- again it is only her name. No where does it mention the daughters. We are worried that they are missing in the paperwork. THEN we received her I-485 returned requesting payment, we forgot to send the Waiver I 912. I am helping her with this now and she will send today.  

In the initial file we sent back in MAY, we sent the following:

One I360 with JC name and her daughers name (Ages 11 and 9 years old)

ONE I I-360 and I-485 (with I-765 and G-1145 and I-
131). She included all the following documents that are proof.

Please advise if this was incorrect. Can we fix this. We can send another I-360? 

When JC called USCIS, they said they can't tell her over the phone. 

THANK YOU!!!

Thank you! I will follow thru then  I’ll ask my parents. Thank you! 

 hi pushbrk,

thanks for replying! I am a staff employee with a W2, with a contract that is renewed every year. My 2017 W2s are low because I started to work in Nov! But when summed up my Nov and Dec paychecks with my Jan-July earnings in Ecuador. (I worked with the same UN organization in Ecuador and now work in USA) - I make over the 125% poverty line. 

You are correct, the email stated that since my 2016 taxes state Zero, I will need a joint sponsor. 

My question is why do I need a joint sponsor if I clearly make over 125% poverty level now in 2018 in the USA. 

Hello all!

I have a question regarding the consulate requesting 2016 tax transcripts.

I lived abroad with my spouse in 2016. I worked full time in Ecuador and filed US taxes with foreign earned income. 

As of 2017, I live in the U.S. and have full time employment where I clearly make over the 125% of poverty line.  I sent tax transcripts from 2014, 2015, 2016, a letter from my employer in Ecuador that stated how much I earned from my employment half 2017 in Ecuador and a letter from my current employer in the U.S who I have worked for since Nov 2017. I have a fixed term contract and when summed up my earnings from Ecuador and USA for 2017 also bypass the 125% poverty line.  Thus, NVC approved my I-864 and I was never sent a checklist. I called NVC today and they say that I met all the requirements.

Today, the consulate emailed/replied back to an email stating that I need a co sponsor for my spouse because my 2016 taxes say 0.  The taxes say zero because I did not earn any money in the U.S., I earned money in Ecuador.  

I have been emailing back and forth with the consulate but they can not answer my questions clearly since they can not pre-adjudicate the case before the interview.  I understand this. I just want to make sure my husband takes the correct documents and is approved. I can not be with him at the interview, and I am worried that just because of 2016 taxes being zero the CR-1 will be denied- even though it makes no sense when in 2018, I make more than enough to be his sole sponsor. 

Anyone gone through this before?

Hi everyone!! Congrats to those who have been approved at interviews and to those with interview dates!!

I too have received interview date over the phone April 4th!!!

Priority Date: Dec 27, 2016

CC: Jan 29th, 2018

Interview provided on Feb 28th, 2018.

YAY!!!! I think I will cry when this process is finally over.... Countdown begins for real now.....

Hi all, I received the NVC email today! Our CC is 1/29/2018.  Hopefully we get an interview soon. I am actually flying to Quito on Feb 21st to visit my husband, but all the slots for Feb at the embassy have been filled up.  So I think my husband might have to go to the interview alone in March Even thought my son and I are going to visit him again at end of March for Spring Break, to go on vacation to the Galapagos... but its not worth waiting a month if my husband gets an interview for the first week of March!

Good Luck to everyone!! I just want this process to be doneeeee... our priority date from USCIS was Dec 27th, 2016......hahaha mannnn its been forever!!! Even tho we were lucky we lived together up until July 2017 and we have been seeing each other with little trips. Its still awfully hard...

10 hours ago, Cbr22 said:

Hi,

 

Lol yea Uncle Nebot, Thank you fro your help. I told my husband to get the certificates tomorrow, hopefully from the second SD it doesn't take so long to get a CC. Just want to get this whole process over with. So close to the finish line. Hope you're reunited very soon!

 

If I may ask have you received an Interview date yet? Would like to know if the process is faster in Quito than in Guayaquil.

Good Luck! Happy to help, this whole process has taken soooo long. I am counting down the hours for it to finish. So all CR 1 and IR 1 visa interviews are always held in Guayaquil. Meaning, when our interview comes up my husband will have to go to GYE.  So we are all under the same US Consulate in GYE schedule...ughh I received an email this morning saying our case had all the right documentation and now is being sent to GYE!! So hopefully in the next day or two we have an interview date!!  Good luck!!!

On 2/2/2018 at 9:10 PM, Cbr22 said:

Hey Guys,

 

I need help. If you are from Ecuador it would be better. So i just called NVC and they told me that today they finished reviewing my case. Buuuuuuuut they rejected my husband's (beneficary) birth certificate and our marriage certificate because they want to long form and i should wait for the email that explains more.

 

I'm freaking out like craaaazzzyyyy. The representative first was very rude and just seems like he doesn't love his life and when he was explaining it to me he was rushing and then told me they need the long form, from the Registro Civil of Guayaquil (Civil Registry of Guayaquil). For my ecuadorian people, both forms were the forms given to us on the day we got married from the Registro Civil of Guayaquil. So im just confused, and im really hoping they just ask my husband to bring it on the day of the interview.

 

If anybody has had a similar experience (would be awsesome from Ecuador) in any of your countries, help a girl out so she doesn't go crazy.

 

Thanks!

Hi! That sucks!! sorry to hear that happened to you. We eloped in Manta, Ecuador. I am American and my husband is from Quito. We received two copies of marriage certificates from that registro civil, one is for the ceremony purposes. But the certificate we sent to USCIS and NVC is the one we actually went to Quito Registro Civil and requested a copy of the marriage certificate from their book. This took like 3 or 4 days, and then they gave me that, we had it  apostilled and translated and sent that one! Same for my husbands birth certificate, requested at the registro civil. Guayaquil is a bit different right, like they even have a different cedula than the rest of the country (all Nebot jajaja) so maybe it would be best to go to the registro civil that is del Estado and not Guayaquil.  Good Luck. I received a CC in 6 1/2 weeks!

3 hours ago, seewolves said:

Hey all! 

Question about the AOS. My wife (the US citizen sponsoring me and already living in the US) will have 'no' income from previous tax years (since she made her money here in the Netherlands befor moving back in October) but she *does* already had a job (and letter from her employer) showing that she earns over the required income threshold. 

 

So, I don't need a joint sponsor right? 

Hi! I am the USC and I lived abroad in Ecuador in 2015 until July 2017. I filed taxes with Foreign earned income. (So I just I basically sent the IRS the amount I made and since it was under $108,000 a year, I was free of being taxed.  I requested Tax transcripts of those years.  Therefore when I sent my information to NVC, I sent my US job (since october 2017 with the same international organization)  which states I make more than 125% above poverty level for three people (myself, my son and my husband who is in Ecuador) I added a personal letter stating that I made X amount of money in Ecuador, along with a letter of my employer in Ecuador stating how much money I had made over the 7 month period. And my recent paystubs. I was cced on Jan 29th!!! So, I think if your wife sends a letter explaining how much money she made in total and how now she has a permanent position in the U.S. and makes more than the 125% above poverty level a year, you should be ok!

Hi everyone!! I too had a scan date in early Dec, mine was 12/13 and on 1/12 I received that errorneous email about the DS260.  I have been calling everyday since then. And today I called at 12pm and was told that on Fri my case was sent to be reviewed. I checked at 4:30pm and guess what? AT NVC popped up on the screen!! I screamed!! Soooo case complete 6.5 weeks from Scan Date. HANG ON GUYS!!! I hated waiting all this time but omg, does it feel good to be case complete. Now its off to embassy. 
 

BTW, I lived in Ecuador with my spouse up until July 2017, i was working and then received a large amount of USD when I left. I moved back to the U.S. and started working at the same organization but the U.S' s office. I started working in Nov, which means I only had that months' salary pay stuff and letter stating how much i make.  I sent a letter from my ecuadorian employer providing how much I made in the months I worked, and how much was provided because I left the org.  I send a letter explaining the move and how much i made accumlated with the Ecuadorian income and my U.S. income and it seems that was ok because I just got a case complete.  oh and my taxes for my two years abroad were also foreign income.  I think its best to send a letter detailing as much as possible.  Good Luck!!

On 12/13/2017 at 9:14 PM, AJLove said:

Hey,I received the case number and Invoice number, and I was able to get to DS-261 and filled out the form for choice of agent.  I do not see an option to be able to pay AOS fee or IV fee yet.  Based on your time line I see you were able to pay the very next day you have received the case number right? Can you shed some light on that please.

hi!! i did mean not actual paper! i mean to call to make sure when your mailed docs arrived and were scnned at NVC, that NVC was aware your DS260 was filled online already and that your mailed docs are “attached” to this online DS260 in the Nvc system! 

2 minutes ago, kubes said:

Can you even print the DS260 once you fill it out? I thought you only get a confirmation that you filled it out. 

Not literally "attached by paper." In the NVC system, our mailed docs should have been filed along with our online DS260. So that when an officer is reviewing the mailed docs, they are aware that the DS260 was filled online.  Unfortunately, it seems sloppy officers only pull the mailed docs when received but do not "add" that the DS260 was already filed online.  Therefore, the system generates the emails requesting the DS260 be filled online (not a computer glitch, just that our cases are really not synced with our DS260s- so we receive email reminders).  It takes a supervisor review to add the DS260 to our submitted docs.    And as you can guess, this will not be done in one day. So I'm sure the unlucky ones that are caught up in this will have to continue to wait.

To anyone worried about their DS260, DEF call and make sure that it is attached to your mailed documents. It is awful to get an officer that says, "its within the 11 weeks timeframe!" Yesterday's officer was the one that caught my issue and sent it to supervisor review. Today's officer was not at all helpful. My case is still in queue for Supervisor review because my case was not attached to my DS 260  (which was completed on Dec 5th).  I am planning on calling everyday from here on because it is annoying how their system can screw some of us. Good Luck to everyone. As for my case, I feel like we will prob be seeing a CC right at the 11 weeeks, I have just lost hope in this system. Thankfully, I will be seeing my husband in Feb and March for vacation. So it is what it is.

Congrats to all those cc!

congrats to those approved! 

to all at NVC, please call and make sure your DS-260 is actually “attached” to your mailed docs. I received an email last week saying that i was missing my DS260. When I completed it on Dec 5th! I called and they told me it was a glitch. Today I call and guess what?! This nice officer tells me that he has to add my DS260 to this spreadsheet to state it is ready to be reviewed!! had I not called, my DS260 would still be showing as not completed😢We must continue to be proactive. It sucks, because I would have already been CC this week. 

This officer said that my case will now go to a supervisor. But it can take up to 11weeks! He did say my initial scan date is still valid 12/13/2017. But it just sucks, I thought I’d have a CC by now! 

I actually just called! Provided my agent (myself) information and then the next day the AOS fee was open to pay.  I did not submit an online form DS-261 for this (since it was already done through phone).  The only online form I submitted is DS 260.  Good Luck!!

Hi Ajlove,

I called NVC and was told the case had been assigned. The next day I called again and received case number. At that same time I provided the DS261 (myself as an agent) over the phone. I then checked the portal the next day. The AOS fee was available to pay, and then two days later the IV fee link was available to pay. I paid the fee and two business days later the DS260 link became available to click. 

I think what sped things up was calling NVC and providing the DS261 over the phone. I think your case is just waiting on updating the “DS261.” Once that is updated, your portal links to pay will populate!

Good Luck!!

P.S. Send your packet now!!! its better to send asap!! 

Congrats to everyone who has been approved!! on to NVC!! Good Luck!!

Hi Everyone,

I just got of the phone with NVC and our packet was delivered on Monday but "received" today.  DS260 was submitted and all fees have been paid.  Now we wait. Hopefully its less than 11 weeks  Altho with the holidays approaching I'm skeptical. Good Luck to everyone!

I-130 Sent : Dec 22, 2016.

NOA1: Jan 07, 2017 - Nebraska Service Center

NOA2: Oct. 30, 2017 

NVC received: Nov. 15, 2017

Case # and IIN obtained: Nov. 28, 2017

AOS fee paid: Nov. 29, 2017

IV fee paid: Dec 1st, 2017

AOS & IV packet sent: Dec 9th, 2017

AOS & IV packet received: Dec 11th, 2017

Scan date: Dec 13th, 2017

CC: ????

Congrats to those approved too❤️🇺🇸I checked the website today and called USCIS yesterday...nothing had changed!! YET, today in the mail we got our NOA2!!!! Dated Oct 30th!! Crazy, my husband was visiting for Oct, and left Oct 29th back to Quiti lol So yasssss!!! sometimes the online portion is not updated!!! Good luck!! We are almost done!!! 

PD: 12/27/2016

RFE: 09/21/2017

RFE received USCIS: 10/13/2017

NOA2: 10/30/2017

5 hours ago, Bonsai18 said:

May i know what was that rfe about? What is your service center? Ive received rfe too on aug.15 asking us to submit G-325A for me and my spouse and a photo of him too. Mine was in Tx and my PD is Dec.15. Im waiting for 2 weeks now since we response for our rfe but still nothing’s change. Still “they received our response” ive been reading this thread since we started processing.  Patiently waiting here...✋️ God is Good.☝️

Hi!

I updated on this thread regarding my Rfe. But I'll repeat my current status. Our RFE was sent on Sept 21st. On October 2nd I was able to receive a faxed copy of the RFE. I have yet to receive the physical copy. With the faxed copy, I was able to figure out what was needed. I needed certified translations of our bank statements and credit card statements! My husband was able to get those and we sent the pack on Oct 10th. On Oct 13th, USCIS received the packet. I called USCIS and they stated USCIS has 60 days to review the RFE submitted. Therefore I'm thinking hopefully by end of November. Good Luck and just hang on..... 

Hey!We have very similar stories. I am also married to an Ecuadorian and I got a RFE for the marriage translation too! lol Its weird you state USCIS said they dont send stuff overseas- they def do, I actually received my NOA1 in Quito. And I tried changing my address from Quito to Maryland. Unable to do so online, had to call Tier 2 and they confirm withthin 2 weeks if it was updated. So hopefully!!  Anyways, I just sent my RFE back this week!! lets see what happens .... and I guess you got approved!! Congrats!! 

Thank you Pepfromage! I did the same. We sent the translations with the printed "faxed" RFE in a manila envelope. I also stated on the cover letter, the reason for sending the faxed RFE.

Hopefully it works out!! I will update on this thread, if I encounter any issues or if it works out!!