Jupifer

18 hours ago, ms_bobdog said:

If you are thinking of getting the 10 year green card, that’s based on your date of entry into the United States. So you should still start getting things going again because chances are you will enter after the 2nd anniversary. You have 6 months from the date of your medical exam to enter, and right now NVC is taking about a month or two for you to pay fees, submit documents etc. to get to a case complete. 

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5 minutes ago, Jamie06 said:

Incredible help - thank you so much. Does it make things different if it’s after October 2018.. by that time the marriage will be over 2 years ?

Thank you for the compliment.  Please hit the heart button at the bottom of my message to register your complimentary opinion of my help.

Right now in your situation of being near to your NVC Case expiry date (after which you would start from scratch again with another USCIS I-130 petition if you do not get going now with the NVC) ... Time is of the essence to pursue the IV Visa ASAP so you can immigrate ASAP given this is your statement: "Just wondering what my next steps are to get over there as soon as possible?"

It's extra money and another USCIS interview in the USA to release conditions on Green Card after two years ... but isn't immigrating ASAP what really matters.  There is a possibility you get your US Consulate IV interview just after the time of your second anniversary ... and the US Consulate upon approving the visa after the interview can change it from CR-1 to IR-1 (resulting in a 10 year Green Card) because the US consulate makes the final IV decision.

But my opinion is to immigrate ASAP and let things happen as they naturally will occur.  

11 minutes ago, Mrsjackson said:

A heart attack is not negligence and one is not held responsible for having a heart attack, seizure or anything else out of their control. That would be cruel and unusual to hold someone accountable for something of that nature. We are only held accountable for the things in our control/our choices (for example consuming alcohol and then getting behind the wheel). 

So the many mostly colored men that ended up with US jail sentences and have since been released based on DNA evidence and other circumstances like planted evidence by corrupt cops (that end up getting caught making all their prior cases illegitimate) ... these mostly colored US men probably would not agree with your opinion .. as I do not agree as well.

If a person/passenger dies in an auto accident that's your fault and for example you got 0.08%+ alcohol, you are going to get charged with manslaughter.  Only a lot of money with attorneys can save you from conviction.  If a heart attack is brought on by the auto accident, it really is unfortunate but your going to get charged with manslaughter.   

5 minutes ago, Shandeo said:

thank you for the information

It appears that you do not have a timeline and I could not determine from your thread if you are an American citizen and applying for IR-2/CR-2 visas with your two step-children.  All information written is this thread is correct for IR-2/CR-2 visas.

Just writing this because if you are a LPR (with green card), then the advice to be given is very different for a F2A visa.

If somewhere it was mentioned that you are an American citizen ... I apologize but can not see if so.

23 hours ago, H&T said:

From that time, do you received anything like welcome letter from NVC. If yes you better contact them on Monday.

When you call NVC on Monday, you will tell them your USCIS Receipt number.

From May 9, 2017, it takes time for NVC to receive your approved USCIS petition (1 to 4 weeks) and NVC also takes its time to assign your Immigrant Visa Case Number (3 to 12 weeks).  Your next question is: What is my IV Case Number and what date was it assigned?  and then write it down.  Next question is: What is the expiry date for my IV Case number?  ... which will be very nearly a year after the IV Case Number was assigned and then write it down.  Next ask: What is my Immigrant Invoice number (IIN) ... and write that down. 

So here is the good news:  Today is May 13, 2018.  I'll make an estimate that your IV Case number expiry date is June 15 to July 15, 2018. You have time right now to get the ball rolling with your IV DS-160 & 161 applications and pay the Affidavit of Support and IV fees.  I'm pretty sure if you get those fees paid as soon as you can you will be able to continue the process with NVC.

With your NVC case number and IIN number, go to the CEAC IV application site and get things going:

https://ceac.state.gov/IV/Login.aspx

Once NVC fees are paid and all documents are submitted (all documents AGAIN ... just as was done for USCIS petition), then 3 to 12 more weeks to get a NVC "Case Complete", then 1-3 weeks to get your US Consulate appointment scheduled that will occur in the next 4 to 12 weeks.  Go to your medical exam and US Consulate interview to get your IV approved.  If approved, get your IV in your passport by post from US Consulate and make your travel plans. Arrive in the USA and you will soon have your conditional 2 year green card by post from USCIS (you have been married less than two years) after paying another immigrant fee before you arrive.

You can check your IV status at all times at:

https://ceac.state.gov/

Good Luck

Just now, payxibka said:

Now you are adding facts not previously in evidence.  It is not the heart attack (as originally posted) but the alcohol consumption which presumably puts them under the influence

Without writing a dissertation, my point was the manslaughter can happen in a normal accident.  Manslaughter can get you some jail time and probably deported if a GC holder.  The point is that there is higher risk as a GC holder.  It looks like you with have the last word by continuing to respond.

6 minutes ago, payxibka said:

My point is and always has been negligence.  Having a 0.08 BAC shows negligence.  Having a heart attack does not

Having a heart attack by another passenger causes the manslaughter in a seemingly normal accident after having two beers.  

6 minutes ago, Sunnyland said:

 

Like others said, it's not just money but many other things like if you want to travel abroad with your GC, when you return to US you have to know that only an US citizen has guaranteed entry. As Green Card holder you can have your entry denied. It can happen.

 

https://www.uscis.gov/green-card/after-green-card-granted#Renewing

 

 

 

The point is as a Green Card holder there is "higher risk" of things happening such that you are deported or denied entry.  My Russian wife is absolutely going to be a dual citizen even though President P has signed a decree that all dual citizens have to register as dual citizens with RF Dept of Migration.  Obviously a list meant to cause difficulties. 

1 minute ago, payxibka said:

I'd like to be the lawyer on that one.  I would have a field day

 

if the person causes bodily harm to another as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous substance;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person's body;

(7) where the driver who causes the accident leaves the scene of the accident 

Having an alcohol concentration of 0.08 is extremely possible and be in a simple rear end accident ... The point is that it has happened.  It is unfortunate. 

2 minutes ago, Chris Duffy said:

What if your home country strips you of your rights like to own land, vote and work if you become a US Citizen.

 

 

You can stay with your Green Card ... but there are risks .. that's all

1 minute ago, payxibka said:

Criminal vehicular homicide does not sound like a "normal" car accident to me.  CVH requires some form of negligence

A senior citizen who has a heart attack while being in a normal accident.  It is still manslaughter.  I say this because this does happen. It is unfortunate.

On 5/12/2018 at 2:14 PM, Sarah&Facundo said:

I was wondering about this because our biometrics appointment is this week. After this, as far as I know, we just wait and eventually receive EAD/AP cards in the mail and later, the AOS interview followed by the green card. 

All replies about waiting is correct.  For those on AOS status, as soon as you get your EAD card, go to your local Social Security office to get your SS card. That takes a month.  I do believe there is a special case for K-1 visa AOS ... as soon as married with legal certificate go get your SS card, it will take a month.  Sometimes the SS office does not know about the K-1 special case and you will have to be armed with information about this.

Just now, barashka said:

It is risky to keep a Green Card, is what you are saying, right?

Yes, I just pointed out the risk.  Say that you had a normal car accident but somebody died.  Your in jail for manslaughter for a few years and then you get deported.

Anything can happen like that you never expected.

8 minutes ago, Sunnyland said:

It's not mandatory to become citizen. Of course not. You can just renew your GC every 10 years. Actually someone I knew at a previous job was a resident and she did not want to become citizen, she just wanted to keep renewing GCs forever. Considering the current immigration debate going on with this administration, I would prefer to be USC than having to worry about renewing my residency status every 10 years and also the money we need to put in that process. 

More than a money issue. When one has a Green Card, one is subject to deportation proceedings after one has served USA jail time for a serious crime.  One is then barred from ever returning to the USA.  Obviously if one is a US Citizen, deportation possibility is 0%.    

On 3/28/2018 at 12:53 PM, Jupifer said:

Just pure luck that it took 17 days for us to get NVC Case Number assigned after USCIS NOA2.  I did call several times and they escalated to a supervisor after waiting a standard 2 weeks.  Pure luck before loads of cases were dumped on NVC and now the waiting standard for a case number is being quoted at 8 weeks.

 

Just got our case complete and entered into spreadsheet.

 

NOA2: 01-23-2018

NVC Received: 01-30-2018

NVC Case #: 02-16-2018

NVC Fees Paid: 02-26-2018

NVC Doc SD: 03-01-2018

NVC CC: 03-28-2018

What luck I am having.  There is no happy median in this process.  However, I did do a really good job on the documents.

I do believe that in my particular case with a minor child involved and using Russian legal documents that circumvent the problem we had of not being able to get a father's permission letter, that the State Dept must have contacted the US Embassy Moscow for feedback on the Russian documents I had that gives the full-custodial mother "the right" to leave Russia with her minor son and reside with her new family in the USA.  Because of this probable contact with the Embassy, the interview was scheduled two days after NVC case complete.  

NVC Interview Scheduled: 03-30-2018

US Embassy Moscow Interview: 05-24-2018

On 3/22/2018 at 10:50 PM, tanderson64 said:

In Russia, a parent can easily file a notice in court that they do not want the child to leave the country. This is on file with the border patrol, in a database, at all airports and train stations. If the custodial parent attempts to leave with the child (who has a passport), border patrol will see the restriction and not let the child leave.

 

The parents can then settle the disagreement in court.

 

I do not know how other countries do this, but it looks like Belarus is the same.  I have been told the Ukraine requires this letter.

 

However, it is always best to get a letter of immigration from the non-custodial parent, agreeing to allow the child to leave.  Then there are no issues. assuming the other parent does not change their mind.

Just got our NVC case complete today for my Russian 11 year old step-child CR-2 visa without non-custodial father permission letter.  I can now tell my story that can help others with stupid, drunk, obstinate and zombie Russian fathers/ex-husbands (my Russian wife uses the word zombie for her ex-husband).  Consulted with Russian-American family law attorney last year, which costs much more than reading your free and correct advice I am going to quote below.

So for Russia: 

1) Mother can prove full-custody by American standards with two very important documents:

1a) Registration document stating that child and mother live together at same residence

1b) Court order showing that the non-custodial father is paying child-support to mother

And

2) Mother wrote a petition document for and received back a "Right to Exit the RF" document from RF Dept of Migration to leave RF with her minor son (this is based on actual RF migration laws) because the father has not filed "a notice in court that they do not want the child to leave the country".  But it is subject to: "If the custodial parent attempts to leave with the child (who has a passport), border patrol will see the restriction and not let the child leave" at any time going forward.

The Dept of State NVC accepted these 4 documents in lieu of needing non-custodial father's permission letter for Russian minor child's immigration to the USA with her full-custodial mother.  (Very important to use the wording "full-custody" as opposed to "sole-custody" to describe this method in legal terms).  The US Embassy Moscow will also accept them.  They have before according to my attorney's experience with these situations.

Background Info: The mother/my wife stayed away from abusive ex-husband/father and did not ever seek child support.  When time after time, the father refused a permission letter (and after getting attorney's advice), I pressed the mother/my wife to get court order for child support.  The father was none to happy and still would not sign a permission letter.   As far as the father cares, he is preventing his ex-wife from having a new life in the USA (this is more important to him than any monetary graft that would come his way) and now has almost no contact with mother and minor son.  However, the father has no idea that he needs to "easily file a notice in court that they do not want the child to leave the country" before we get the minor child out of Russia.  He is drunk most of the time living and hunting in Siberia.

IF the father did "file a notice in court that they do not want the child to leave the country" before we get the minor child out of Russia, then going to Russian court to settle "the disagreement of minor child living in the USA" is a 100% lost cause based on my attorney's advice.  So we have just about two months to go to the interview and I expect success in getting my Russian step-son to the USA.  

My Russian wife loves America with passion (has green card) and I fought hard for her and her minor son because of this.  

Just pure luck that it took 17 days for us to get NVC Case Number assigned after USCIS NOA2.  I did call several times and they escalated to a supervisor after waiting a standard 2 weeks.  Pure luck before loads of cases were dumped on NVC and now the waiting standard for a case number is being quoted at 8 weeks.

Just got our case complete and entered into spreadsheet.

NOA2: 01-23-2018

NVC Received: 01-30-2018

NVC Case #: 02-16-2018

NVC Fees Paid: 02-26-2018

NVC Doc SD: 03-01-2018

NVC CC: 03-28-2018

3 hours ago, NikLR said:

Theres a manila folder.  One side has the petition and the other side has the visa information.  The consulate looks at the visa side.  Theyre not making photocopies for you.  Its just a photocopy, im not even sure why this is a big deal.  There are no originals/certified copies until the interview. 

Thank you for this answer !!

It's a big deal in my situation to know that the State Department NVC and the consulate is "only looking" at the visa information side of the manila folder, which are the documents sent in the IV packet to NVC.  I have a step-child case that requires many supporting documents.  I now know I have to send all supporting documents in the IV packet to the NVC like I had to do in getting the USCIS I-130 petition approved.   

I found this on the NVC website about supporting documents:

After you collect your financial forms and supporting financial evidence, you and each family member immigrating with you to the United States should collect the civil documents that are required to support your visa application. 

Essentially one needs to send in civil documents to support 'your visa application" as part of the IV packet sent to the NVC.

 It's just crazy why NVC needs "replicated documents" already in the USCIS approved I-130 petition package that was sent to them.  Maybe the answer is to just make IV petitioners/beneficiaries jump through as many hoops as possible.

2 minutes ago, NikLR said:

You dont really.  You send the beneficiary's documents not the petitioners.  If you sent beneficiary documents with the I-130 you did something wrong.  The only items that should be replicated is the marriage certificate and divorce decrees.  Sometimes documents do not properly make it along the chain since two difference government departments are part of this process.  

Thank you for your answer.

For example, the beneficiary birth certificate was required with the I-130 petition ... so I did not do something wrong for the I-130 petition.

And my question is WHY should we send in "replicated documents" with the NVC IV packet that were already sent in with the USCIS I-130 petition. Is the answer "in case some of the documents get lost?"  Is that really the answer?

Why is this necessary?  Doesn't NVC have the approved USCIS I-130 package including all the documents.  Maybe they don't.  Would like a response by someone who knows the reasoning of the process of "replicated documents".

For example,  an Immediate Relative Immigration Visa through the NVC with consular processing ... 

WHY do we send in civil documents as part of the NVC IV Packet that are the SAME civil documents that were sent to USCIS with the I-130 ?

Without really knowing the process, I would think that the USCIS approved I-130 petition package including the civil documents would be sent in its entirety to the NVC, and then, the NVC would then send the IV package of all documents to a US consulate for consular processing.  

So anyone that knows, how does this process work such that we have to send in the same civil documents for the NVC IV Packet that were already sent in to USCIS with the I-130 petition ?

Thank you