Rsul96

My wife and I sent the documents in and they arrived over a week ago. The online tracking from Aramex said the documents arrived but I read another post here on visa journey that said the consulate contacts you to tell you they've received them. This has not yet happened. There's been a complete lack of contact for our case and I've tried emailing the IV-DV email for the Algiers consulate etc. 

No response. I have checked the status of the visa daily and it still says Administrative processing. I tracked the passport number and it just says theres no update for it, so I assume it's still at the embassy. 

Can I call someone?

10 minutes ago, geowrian said:

I can't speak to the marriage certificate part, other than if they request an updated one then I suggest providing a new one. I wasn't aware of expiration dates, but each country is different so I would assume the CO knows what is needed and requested it accordingly (until demonstrated otherwise).

 

The immigrant fee is paid after approval, and can be either before entry or after entry. I have no clue why it is being requested before approval...that doesn't make sense to me.

 

As for A-Number: https://www.uscis.gov/file-online/immigrant-fee-payment-tips-finding-your-number-and-dos-case-id

Okay that link for the a number helped out. We never got that handout and I suspect that's probably because she isn't technically approved yet. 

The fee isn't expected before approval in our case he just said before entry into the US. 

We're just gonna follow the instructions on the form he gave us and send in a new one. We have a valid Algerian document showing our marriage but he didn't even care about that. He just carried about the marriage certificate. He said it needs to be unexpired (civil documents only last 3 months in Algeria bfore they must be reobtained). I wish the prep paperwork would have told us specifically that we needed a new one.

My wife's visa interview was today in Algiers. She did excellent in the interview and was told she was unable to be issued a visa under Section 221(g) and they took her passport and told her to submit a new marriage certificate.

I called the NVC and one of the representatives told me they took the passport because everything else looked fine but they just need those additional documents. 

However. The paper she has that said she was turned down because of an expired marriage certificate also had another box that said something along the lines of further consideration will be given when these documents are submitted. However the box that said that was not checked so I fear that no further consideration will be given. Is this accurate? The status of my case is "Administrative processing" or something like this. 

I'm also worried because the interviewing officer also told her I need to pay an immigrant fee as well before she can come here. However. I went to the website on the papers he gave her and it requires me to have an A number which is supposedly supposed to be given to her at the time of the interview. 

She never got anything that has an a number or anything like that. She only got a paper that has instructions on what to send in and how to send it and a sheet of instructions on paying the fee. 

Is the A number issues after the Visa is approved or was it supposed to be issued already? From what I understand in Algeria, they take your passport until they issue the Visa and then send it to you through aramex. My main question with this is whether or not she'll get her A number when she gets her passport back. I'm concerned we'll have difficulty paying this fee. 

On 5/17/2018 at 2:42 PM, rajeejunie said:

 

I don't think they look into that too much as wrongful answer. The medical examiner gets the last say about what you are missing even if you answer yes or no. So don't worry  

Okay perfect. I am just so worried because there's so much differing information and some people say I did the right thing and others say I did the wrong thing.

This entire process is so stressful. I don't even understand how immigration lawyers make a career out of these cases man! Bless ehm lol.

57 minutes ago, missileman said:

That is exactly how we handled the immunization issue.  I answered "Yes", then my wife received the required vaccinations during her medical exam....in Taipei, Taiwan.

Okay perfect. Thank you very much. I suppose she can just take her vaccination records to the medical exam and they arrange any additional procedures that need to be done.

31 minutes ago, truelove29 said:

Actually the question should be answered honestly. If you don't have them at the time of filling in the ds-260, then the answer is no...it does give a box to explain...we put that my husband will receive required vaccinations at the medical exam. Lying is never the correct answer.

It wasn't a lie... Don't phrase it this way. We were under the impression her vaccination record had all these vaccines, and it turned out she missed a few of them.

As others have said, this is the way to answer this box apparently so long as you have vaccination records and any missing vaccines will be received at the medical exam.

So my wife and I have filled out our DS-260, and we answered "Yes" to the question regarding her immunization records being compliant with US law.

After doing so, we checked her vaccination record and it looks like she's actually not received about 4 of the vaccines required. I've googled this extensively and most of the responses say to put "yes" regardless, because during the medical exam, the examiner will go through the vaccination record she brings, and will arrange for the others that have not been completed or need to be re-immunized for to be done that day at the facility.

Is this the case?

9 minutes ago, pushbrk said:

Legible copies of at least the most recent tax return including all schedules and W2 form etc. OR a Tax Return Transcript is what are required.  Provide one OR the other.

Okay... All information on the 1040 and Schedule A, B, C, and SE is legible and present. Nothing is cut off or distorted beyond recognition/legibility. I'll include a note explaining the reason it is slightly warped.

Thank you.

11 minutes ago, pushbrk said:

Your affidavit will not show anybody else's income.  Your joint sponsor and spouse are the only two combining income.  When you don't qualify on your own, you must do it correctly and accurately, but your main purpose is to be first in line to fulfil the contract, with mom and dad second in line.  Please become an A-Student of those instructions before going further or asking more questions.

I've gotten past this part actually. This is done properly.

Now I'm collecting supporting documents. Mine were simple. Now I have to collect my parents, and I've practically collected everything I need. My only remaining question for the time being is whether or not it's okay if my copies of the their 1040 tax returns and 1040 schedules are slightly distorted. Because of the way their taxes are prepared, I'm unable to photocopy them perfectly without doing damage to them. I suppose this is an easy answer to come to, but at this point I'm a little paranoid of everything because I'm almost done with the paperwork and I'm making any corrections that need to be made. Thank you for all your assistance pushbrk.

1 minute ago, Highmystic said:

The 1040 should be the correct things to send.  On the 1099, it is normally issued "by" a payer so they can deduct the fees paid from the payers taxes as an expense.  It is issued to the recipient and the recipient should claim the 1099 on their taxes as income.  It is NOT needed if the tax prep person is an LLC and your dad an LLC as they both have a TIN. (Tax Id Number) in lieu of using a persons SS# to file. 

 

Your parents 1040 should be fine if your father (even if not an LLC) includes his income and if he could prove that he made that amount.

I found out that's he's actually a sole proprietor of an unincorporated business. What would he use as evidence of income in this circumstance?

The household member that's combining income with the joint sponsor is a sole proprietor and they file jointly as a married couple.

What documents would be required to show proof of his income?

Basically I'm the petitioner sponsor for my wife's CR-1 visa, and my mother is the joint sponsor. My father is filing I-864A and the tax forms is where we're running into a bit of a confusing situation.

My parents file their taxes jointly. My mother has a salaried job, and my father owns/runs his own business. What forms exactly do I submit as proof of my father's income? I know I should submit the 1040 for both of their incomes (since both are listed on the 1040).

Should I then submit all the included schedules? For some reason, it looks like their tax preparer didn't include a 1099 with their tax returns. Is this normal?

10 minutes ago, silverjetplane said:

You really need to go back and read the guides and instructions for I-864. It is a very important part of the application process... 

I have done this, and the instructions for this particular point are unclear. It says to fill this in if I'm combining their income with mine on an I-864A. My mother is a joint sponsor and will be combining her income with my father's but where does this fall into my situation since technically I'm supplementing my own income with theirs.

I'm assuming the household size for myself and the joint sponsor has to match if we have the same address. Perhaps this isn't the case.

16 hours ago, pushbrk said:

You need a birth certificate for Mom and another for Dad.  

Okay this won't be an issue.

Quick question. When filling out Part 5 of the I-864 for myself. When I get to part 7, what exactly do I enter if I'm using only my mother's income but they filed joint taxes?

Do I enter 0, and have my mother put 1 on her I-864 and have my father fill out an I-864A with hers? Do I enter 2, and have them both fill out I-864A and my mother also fills out an I-864?

28 minutes ago, pushbrk said:

You need a birth certificate for Mom and another for Dad.  

Perfect! Shouldn't be an issue at all.

5 hours ago, pushbrk said:

No other evidence of marriage, but you will need to provide evidence they are citizens.  A photocopy of birth certificate or passport data page will do nicely for that.

Okay perfect! Got a photocopy of the birth certificate although my mother's Birth certificate isn't in perfect condition... It survived a house fire about 30 years ago. Still legible and all that though.

Thank you for all your help!

7 minutes ago, pushbrk said:

No.  You are not combining income with your mother.  You file the I-864 as petitioner.  Your mother files I-864 as joint sponsor and her spouse files I-864a as a household member.

 

If we use the past 3 tax years on my mother's I-864 would we be required to do the same on the I-864A? As for proof of relationship for the joint sponsor, wouldn't it be proof enough that they're filing taxes as a married couple or would I need some additional evidence of their marriage?

2 hours ago, pushbrk said:

Yes, that is the best practice.  It's not who is "using their income" that is the issue.  They are both going to be "obligated" by the contract in the I-864 because they are married and because they file taxes jointly, the past income section on both their forms will show the total of both incomes from line 22 of their jointly filed 1040.  Study those instructions, read the form itself, all of it and make sure both parents read the contract they are signing.  The contract may sound daunting but if they can and should trust you and your spouse to support each other financially, they have nothing to worry about.

Perfect, that's great. To be clear, I would file I-864 and my mother would file I-864A correct? I'm a bit confused because someone else said my mother and I would both file I-864 and my father would file I-864A but we're not using his income thus he's not a sponsor so the protocol here seems a little unclear. I'm going to read through this guide as well as the instructions for completing both forms and the forms themselves once again as well but any further clarifications would be greatly appreciated.

5 hours ago, pushbrk said:

And the I-864 instructions are critical.  You'll provide an I-864 as the primary sponsor, then another from one parent and an I-864a from the joint filing spouse of that parent.

Only one parent is going to be using their income to meet the requirements. My mother. My father will not be using his income.

So do I do an I-864 and my mother does an I-864A?

Firstly, are they supposed to be sent together, or separate?

According to this guide by VisaJourney http://www.visajourney.com/wiki/index.php/NVC_Process#Step_1_-_Case_Number

It seems those refer to Form I-864 & I-864A and the supplemental information meant to be sent in with it such as photocopies of passport, marriage certificate, birth certificate, etc.

Is this correct?

1 minute ago, aleful said:

no

 

they're not going to mail you anything, they give you the instructions to download it and fill it out, they won't mail you the i864

 

if you already paid the $120, you can send it

Okay, thank you.

I've got a few other questions as well, if you can help I'd be forever greatful.

My parents file taxes jointly and I'm using my mother's income alone as a joint sponsor. Do I include their joint 1040 and my mother's individual W-2 as proof of her individual income in this circumstance?

Another question. Form DS-260 cannot be completed until the IV fee is paid, correct? And does it matter which order I send the paperwork/pay the fees/complete DS-260 in? For example, can I complete DS-260 and pay the IV fee, then send my paperwork?

Also, what is this AoS package, IV package, and I-864 package that VisaJourney has listed in the timelines? This is what is causing concern because it seems as if there's something missing from my application.

It says I should be sending an AoS package and IV package but I have no idea what these packages are. Do these refer to the electronic DS-260 (IV package), and the Form I-864 & I-864A (AoS package) or am I missing something entirely?

So, I've already paid my fee for choosing an agent, that's not an issue. I haven't yet paid the fee for DS-260 but I have filled out and completed a Form I-864 and I-864A that I've printed up from the internet. I've also received my second NOA.

However, after some research online I've found that the NVC is supposed to mail me something in the mail that contains a form I-864? Is this correct or is it acceptable to fill out the ones I printed from their website?

I'm also a bit confused about when and where I send in these forms. Do I send them after all fees are paid? Can I send them now? I'm very confused.

I received my NOA1 5 months ago exactly, and I am growing much more concerned about whether or not I missed a step or something which is causing my NOA2 to be delayed.

I think that if they had found an issue or needed more evidences, certainly I'd of received another NOA right? Surely, I'd of gotten an RFE right?

So I'm wondering. Is there another step I have to take? My NOA1 has no mention of anything or any kind of instructions and basically just tells me the case is being reviewed. The average wait time for the NOA2 at my processing center is 5 months, and the longest I saw was 6 1/2.

I'm getting quite concerned as is my wife and her family. What can I do?

2 minutes ago, zilchfox said:

It typically takes a week or so for them to even acknowledge receipt of a petition, it might already be on it's way back to you now with a rejection letter attached.

If it comes back to me, I just have to fill that out, and resubmit it or is there more to it then?

Secondly, if it is accepted with an RFIE for payment, will they also send back the original money order or no? And how do I find out if this is the case? How will I be notified of the RFIE for payment and how long does this typically take?

1 minute ago, zilchfox said:

They'll reject the application and return everything you sent, or accept the application pending RFIE for payment.

How long will that delay the process for my wife and I? I'm stressing out over this. Will it take them a few weeks? A month? I really am beating myself up over this because I wanted everything done perfectly the first time but was being rushed and am stressed from work etc.