Jorge V

21 hours ago, joanamber said:

why did it take that long for the I-130 to be approved? Usually the I-130 gets approved in  a month or less.

Because as the post mentions, they're not doing DCF. They're going through the Nebraska service center which takes 6-8+ months

9 minutes ago, skyland235 said:

exactly in the same position!! - approved for US Immigration Visa and entered US September 9th as POE at JFK -Stayed  for a few days only to apply for SSN and to open bank account and then travelled back to the UK.
Surprisingly, as its only been 7 weeks since POE,  we have received our US Permanent Resident Cards( 10 year Validity) yesterday but disappointingly no news yet on the Social Security Number
Unsure as to why the delay with SSN and having called the office for a status update they were unbale to tell me anything other than' visit a SSN Office' and enquire in person.
I guess, it’s just as well that I have another short trip planned in 2 weeks’ time and hope to get this sorted out but when we originally applied we were told '3 -weeks' and then to call the toll free number they gave

Yep, we got the same advice from the SSA: call if you don't receive it within 3 weeks. But when you call you have to enter your SSN to proceed. I was eventually able to get a person but they still weren't able to help.

We ended up taking a trip to the US just to get it sorted out. We went to our local SSA office, waited in line for about 1 hour, and gave our SS-5 to the attendant. She said that there was no record of us applying for an SSN (even though we checked the box on the DS-260). She submitted the SS-5 and we received the card 6 days later.

Whether you receive a CR1 or IR1 is determined at the point of entry. If you have been married for two years on that date then you will be granted an IR1 (10 year card). 

45 minutes ago, Vale said:

 

Great, thanks for the help! We have now more than 3x of 125% of poverty level in my housband account. I think is the easy way for us. It will be only tree months that we have this amount when we will send the I-864, did you know if it can be a problem? Did they require a proof of deposit of 12 months?

Thanks again!

The asset path is great if you can do it. That's what my wife and I did and it was nice not having to rely on your employer to send you a letter or worry about losing your job in the middle.

As far as the three month thing, did the entire sum suddenly appear three months ago? Or has the amount slowly been increasing and you simply crossed the threshold three months ago? If it's the latter, then you'll be ok. If it's the former then you might have some problems. You might be asked to prove how that money came about. USCIS will want to make sure that a family member didn't transfer the amount in for the sole purpose of meeting the requirements, only for them to take it back once it's been approved.

To expand on what @NuestraUnion says, many people have had their visas revoked at the point of entry for saying that they intend to babysit their own grandchildren while the parents work/travel. Once the visa is revoked it is near impossible to get a new one.

It sounds odd at first but it does make sense when you think about it. As the officer said if your father in law weren't available then you'd have to hire a US worker or business to perform the work. He is displacing a US worker/business by being here on his B1/B2 visa. Once you accept this it's not too difficult to make the argument that he is performing work on a visa meant only for tourism. You could say "well, we're not paying him so it's not work". This actually makes it worse as the US labor force now has to compete against free. Imagine if restaurants or construction companies started accepting "volunteers" on B1/B2 visas. There's no way the local labor force could compete. The fact that the "volunteers" are family really makes no difference.

I hope this gives some context. I'm honestly surprised that your father in law was allowed to enter after your wife admitted he would be performing work. Many people on here aren't so lucky. I would also strongly recommend that you do not apply for the extension. It has slim chances of getting approved and you're just giving USCIS another opportunity to revoke his visa by claiming housework and childcare as reasons for extending his stay.

20 minutes ago, Dragongirl1127 said:

Thank you , my lawyer is about to file for I-130 and G-28, start the process for getting me K3 Visa,  if I leave without AP , i will stay in China until my interview comes, do you know how much time it will take to get interview? My business partner just set up company in US, I need to come back to US as soon as possible, we are hiring local people and bring jobs here, but I really  feel  a kind of disappointed about this process, we got married for 7 years, we are real marriage, we are not cheating on the system, instead we are follow up the instructions every step the way, do you know how much time will it take to get result from expedited request of my advance parole, my lawyer filed it beginning of Sep. Thanks again. 

I can't answer your questions regarding expediting either the AOS or I-130 once you're in China. I can tell you that requests to expedite I-130s seem to be very, very rare and mostly seem to be granted in life or death situations.

As far as a timeline, as others have mentioned the K-3 visa is no longer used and will most likely be converted into an IR-1. The current time between submission and obtaining an IR-1 visa is about 12-14 months. I strongly recommend not leaving the US without your AP. You will not be able to return to the US at all during these 12-14 months as your AP will be considered abandoned and you will not be approved for a B1/B2 visa. B1/B2 visas are granted on the condition that the recipient does not have immigration intent, but you've already demonstrated that you do have immigration intent by filing for AOS and I-130.

14 minutes ago, Derick said:

Wow! I have never heard of such service. I am surprised not many take advantage, and then again, maybe only few countries and certain candidates qualify. I know of couples who reside in Mexico, and had to go through it all via the traditional ways; Wait, wait, wait and then wait.

You're right, unfortunately not many people know or take advantage of it. Like you, I know many couples living in Mexico that go through the traditional route because they don't know about DCF.

When I first started our visa process I talked to several lawyers in the US and none of them mentioned DCF. I would always be sure to tell them that both my wife and I lived in Mexico and that we were looking for the absolute quickest way, but again, not a single lawyer mentioned it. It wasn't until I discovered the DCF forum on VJ (http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/) that I realized it existed and that it was easy enough to just do myself.

You're also right that only some qualify. The general requirements are that the USC spouse lives in the relevant country as a resident (not a tourist/visitor)  for at least 6 months. Most embassies are less strict, but there are still some requirements.

There's also DCF (direct consular filing) to consider, where if both spouses live outside of the US in the following countries, https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices , they can file directly with the consulate instead of the Chicago/Phoenix lockbox. I just recently did this and my I-130 was approved in 9 days. The total process from submission to approval was only 49 days. Most of that was just us waiting for our interview date. 

8 hours ago, AnaidAaron said:

I might, since I have never lived in the US I haven't filed for taxes over there. But I am an accountant and I do taxes for a living and one thing is for sure, you can only be a fiscal resident in one country at a time. He was away in Brazil for 5 years, which tells me he had no fiscal obligations in the US, he was legally a fiscal resident in other country. 

I think what you're saying would apply if a US Resident were making income both in the US and somewhere else in the world, then he has an obligation to report them. It's the same for most countries.  

 

Whatever's the case, maybe it would be better for him to just ask an american Accountant who could tell for sure. 

What @missileman says is correct. The US is one of two (maybe three?) countries that taxes its citizens on worldwide income. It doesn't matter if you haven't lived in the US for 50 years, you are still responsible for filing taxes each year on any income you have, even when working for non US companies. You can deduct the first $100k or so from your taxes and you generally get a credit for any taxes paid to your country of residence, but you are still required to file. If your tax bill for the US is lower than your home country, then you won't owe, but if the opposite is true, then you'll owe the difference.

You shouldn't leave anything blank. Simply write in N/A or None if a question does not apply to you.

4 hours ago, Asankari said:

What does that mean?

It means you posted your question to the wrong forum and the moderator moved it to a more appropriate one.

40 minutes ago, Ning said:

He must have been a legal resident of Thailand for at least 6 months to file DCF. Time in country on Thai tourist visa has nothing to do with DCF timing. If he were a legal resident he would have a different type of visa which they would accept in a DCF case. 

He can call or write the duty officer at the U S consulate in BKK to confirm the info I gave. If he wants to do it in person he can. The consulate office is in the high rise across the street from the embassy visa section. 

It might be possible, but it depends on the embassy. I just recently completed DCF in Mexico on a tourist visa. I had been living in Mexico full time since 2014 so I had lots of evidence (rental agreement, IRS tax returns showing my address in Mexico, US bank account history showing consistent transactions in Mexico). I included this evidence and a letter explaining my situation with my I-130 and it was approved.

It's often recommended here to not leave anything blank. The official instructions for the I-129f are very clear in that you have to write in N/A or None (https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf). There have been a few examples on here of people getting RFEs and delaying their app due to blanks,

48 minutes ago, RamirezUSA said:

Yes, Office Field Director! That's what I meant 

 

OK, so going with the e-mail notifications will help. Great. Thanks!

Cool! Just to reiterate, I didn't have to explicitly seek out approval from the field office director. I simply submitted my package to the Mexico City office and the approval notice was signed by him. Not sure if your case has any complications that would require this, but a straightforward case like mine did not.

25 minutes ago, RamirezUSA said:

Dear mexicoAmigo:

 

So grateful for your posts and additional information. The PDF is helpful. I didn't think about translating my resident card, but will get on that!

 

Wonderful about the appointment. How do you schedule an appointment at the embassy? Also, I understand that for DCF the petitioner must get approval from the head of the USCIS branch - did you do this?

 

Another question for both of you, what about postage? For the initial documents submission, I will drop the documents off at the USCIS office. Afterwards, I am worried about receiving the answer by mail, since here in Mexico mail is sometimes unreliable and could get lost. Do you know if it is possible to open some type of P.O. Box? Or, how did you do it? 

Hey @RamirezUSA I'm not sure about getting approval from the head of USCIS. I assume that he has final say on applications but I didn't have to explicitly request approval from him. My approval letter is signed by the office field director, so maybe that's it?

As far as postage, USCIS will mail you NOA1/NOA2 by default. If you fill out G-1145 and include it with your application you'll receive an email notification as well, so this is your best bet. I actually never received an official NOA1 until a month after my case was approved (via snail mail). I did receive NOA2 by email the day after it was approved. That was ok with me as my I-130 was approved within 1.5 weeks of me mailing it. I've read that this is a common occurrence in Mexico, it seems like they don't really send out NOA1s on time.

Hey all,

I know this has been asked a few times but wanted to get your input.

It's been four weeks since our POE and still no sign of an SSN. We received the GC over two weeks ago. I ran a self check on the SAVE database but there are no matching cases. Does this mean that the SSA has not attempted to verify my wife's status? Could it be a sign that we have to go to a physical office to get it sorted out? Or should we just wait?

The reason why we don't simply go into an office is that we're out of the country while my wife finishes up her job here. She actually works for a multinational and they're simply transferring her, but require an SSN to do so. They also require her to be there on November 1st but she cannot miss any more days here, so having to travel to the US to go into an SSA office would be troublesome.

One final question, I see that our current city (Guadalajara, Mexico) has an FBU office at the embassy that seems to have a Social Security office as well. Does anyone know if we can apply for an SSN/check status at one of these foreign FBUs?

18 hours ago, Vale said:

Thanks to everyone for the help!

Now we are facing another problem 

How can we have the financial requirements if my husband is working in italy with italian schools and I'm doing the same?

We thought that was enough to show that our bank accounts, with saving and checking, was more than poverty level but seems that is not like that.

Andy can also have a contract in his dad's shop starting after our visa approval, but seems that also this is not enough.

We don't have a sponsor, did someone know if there is any other way?

 

Thanks a lot and the best wishes for everyone's process!!

If you use assets (checking/savings accounts), you'll need at least 5x ($101,500) the 125% number or 3x ($60,900) if the sponsor is the spouse. 

Seems like you'll need a cosponsor. Fortunately the cosponsor can be any US citizen or permanent resident domiciled in the US. Doesn't have to be a family member. You'll have to add yourself to their current household size to find out what income they require. Example: if they currently have a household size of 3 then you'll add yourself making it 4. The income requirement for a household of 4 is $30,750. They could also go the assets route but they'll require 5x that amount ($153,750).

Be sure to check out the requirements here, https://www.uscis.gov/i-864p . Also, don't stress too much. Most people doing DCF face this very issue. You'll find tons of examples on how to fill out the necessary forms for a cosponsor.

11 minutes ago, Wuozopo said:

 

 

It does not take this long. Use their contact form to ask the USCIS Field Office directly what has happened to your petition approval.

 

https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/uscis-contact-form/

According to this https://egov.uscis.gov/cris/ptIntlIntro.do London estimates about 1.8 months for an I-130. OP's I-130 has only been processing for 1.5 months. While he's approaching the expected limit, he's still within a reasonable time frame, no?

I can't give you an answer but one thing to note on the Nebraska processing times is that they were updated on June 30th, at least on here: https://egov.uscis.gov/cris/processTimesDisplayInit.do . It seems they were processing November applications 2.5 months ago, meaning that your application appears to be seriously delayed. Are you sure you haven't received an approval/denial notice or a request for evidence? If you're using a lawyer it might be a good idea to double check that they haven't received anything either. 

Just to reaffirm the above, yes, all immigrant visa interviews are handled in Juarez. Mexico has lots of US embassies but they only handle non-immigrant visa interviews. It really sucks for people who live on the opposite side of the country like Yucatan.

You should contact your USCOS office to check on their requirements for DCF. Some offices are stricter than others, so you might be able to file before the 6 months.

After the I-130 is approved your case will be forwarded from the USCIS office to your embassy. I'm not sure how the embassy is setup in the Manila but it and the USCIS office might be in the same building. The embassy will receive your case and assign you a case number. This case number will allow you to complete form DS-260 online. The DS-260 is the visa application. Your embassy will also send you instructions on gathering certain documents (such as the I-864), fee payment, and on how to schedule your interview. Your spouse will be required to undergo a medical exam and attend an interview with an immigration officer at the embassy.

The length of this process can vary depending on the embassy, but I can give you my experience with DCF in Mexico:

- My I-130 was approved in 9 days

- Case was forwarded to the embassy

- Case assigned 5 days letter

- 5 days after that I received a letter from the embassy with instructions

- I completed the DS-260 and scheduled my appointment. Earliest appointment was for one month in the future

- Attended interview, received approval

- Visa was mailed to me exactly 1 week later

Once you have received the visa you are free to travel to the US.

9 minutes ago, RamirezUSA said:

Hi Jorge: Thanks again for your useful information. This is great. I am reading through the Wiki guide again and I was curious about some of the requirements. 

 

It seems there was more emphasis on proving Mexican residency than proving intent to reestablish in the US. I assume you had to prove intent to establish domicile in the US, correct?

 

This is the one aspect that is having me question whether to file through DCF or another route. 

I didn't focus too much on establishing intent of US domicile as it didn't come up much in my case. I did collect evidence in support of my intent (bank account, current US driver's license, quote from a moving company) but we were never asked for any of it.

Keep in mind that the requirement of intent to establish US domicile is the same for DCF and non DCF. USCIS requires that the US citizen spouse establish their US domicile before or at the same time as the immigrant in all cases. This is also a requirement for any sponsors on the I-864. I strongly suggest you do DCF is possible as it only takes 2-3 months where as non DCF takes 14+ months.

The only requirement that is different for DCF filers vs non DCF filers is that the US citizen must be a resident of a country where DCF is available. All other requirements are the same.

8 hours ago, Rin R said:

Hi Jorge,

 

Thanks for the great and detailed reply. That does give a direction. 

 

Is there any way to get a status document saying that USCIS is processing my I-130? like pre-approval processing letter? My wife will need something like that to show her employer to prove that she is married and is in process of going away. Since 8 months a way too long. 

Have you received NOA1 (Notice of Action 1)? USCIS should send you notification via mail or email if you filled out the G-1145 within a couple of weeks of them receiving your application.

57 minutes ago, Rin R said:

Hello All,

I am a US citizen. I filed for my wife who is in her native country, India.

 

The I-130 is at the  Texas Service Center.

https://egov.uscis.gov/cris/processingTimesDisplay.do;jsessionid=abcrgmsFYFBke7K9EaV5v

 

USCIS received my case on May 22nd 2017. Today is 9/10. That means 111 days have elapsed since then. 

I tried calling the USCIS and they said cases are backed up and that I should call USCIS after 8 months. well, will it really take that long? I am not sure why it's taking so long.

 

I am US citizen, filing for my immediate spouse so I think this approval should be around 3-4 months? Can anyone tell or give an idea of how long it will take to approve?

 

From what I understand 8 months is about right for the initial approval. Currently the process is taking around 14 months from start to finish, with 8 months for I-130 approval and 6 months for the NVC and interview stages.

According to the current processing times (https://egov.uscis.gov/cris/processTimesDisplayInit.do), on June 30th the Texas Service Center was processing applications dated November 2nd. That lines up almost exactly with the 8 month timeline that they gave you. Going by that and your submission date of May 22nd, I'd say that your application will be processed after the new year. I imagine that you'll have the visa in hand around June/July 2018 if everything goes smoothly and you don't receive any RFEs.

10 hours ago, Sylv said:

Thank you so much @Jorge Valdivia !

So it's [(household+me)+25%]

Thank you... I understand yes~

Does it include children below any age?

 

The retirement pension was regarding a retired joint sponsor receiving a pension that could joint sponsor me. though I appreciate your reply and it will be handy.

 

I must add.... I love your wiki guide and I so thank you for linking to the London version.... I would have never known it was there and the info is unbelievably  invaluable - thank you!

No problem for the wiki! One thing to keep in mind about the London guide is that it was written a long time ago and some sections are out of date. You should use it as a general guideline but always refer to the official USCIS instructions!