Jorge V

I think the best thing you can do is get everything in order for your interview (forms, photos, documents). I'm not familiar with the Philippines but embassy websites usually have a good deal of information, here's the website for the Philippines: https://ph.usembassy.gov/visas/immigrant-visas/family-based-immigration/the-interview/

Of particular interest is "Step 5: Complete the document checklist". Start collecting everything you can now to avoid delays. Being a DCF filer you will likely have to take your completed I864 to the interview (unless DCF in the Philippines is different). You can download the form and instructions here: https://www.uscis.gov/i-864

It's only been about 5 months so I doubt many December filers, if any, have received NOA2 yet. You can check out the December 2017 Filers thread in the progress reports forum here, 

Don't know about Vietnam but most embassies will tell you that the visa and passport will be delivered within 10 business days. Sometimes its quicker but I've never heard of anyone getting it the same day. I would expect at minimum 3 business days if you're lucky, with 5 business days being more common. Keep in mind that some people go through AP after being told they're approved. This can cause delays of up to a few weeks.

You should check out the Vietnam reviews on here to see what others have said, http://www.visajourney.com/reviews/index.php?trim=no&cty=&cnty=Vietnam&page=1&dfilter=5&topic= 

Also, I'm not sure that being present at the interview improves her chances for a IR1/CR1. It certainly won't make or break her case and IOs are typically understanding if the USC spouse is not present due to travel/work reasons.

5 minutes ago, JMSeck said:

Hello Everyone, 

Is my ORIGINAL birth certificate required for my Fiance's K-1 Visa interview?

I've read countless threads where people say yes, people say no. 

And the US Dept. of State website is just vague enough to lend the question. 

Much appreciated and good luck to us all. 

 

You should check out the official I-129f instructions ( https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf ). Specifically:

Quote

Copies. You should submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document.

And:

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3. Evidence of U.S. citizenship which may include any of the following:

  A. A copy of your birth certificate issued by a U.S. civil authority;

5 minutes ago, ColeMJ said:

Thanks for the info. I have contacted USCIS Lima and they have yet to contact me back . The language question I had from something I read on Peru's website that said "any document not in English or Spanish must be translated to English" but as I read further, it seems like they need to be translated for the I-130 ....not for the interview.

My I-130 and I-130a are filled out already.  

That is correct, translations are only required for the I130. In general, embassies will always accept documents in either English or the official local language. Once you're at the interview stage you won't have to worry about translations as long as the documents are in Spanish.

Unfortunately USCIS can be slow to respond. When I contacted the Mexico field office for details it took them 4 business days to reply. They sent over a lot of good info once they did reply, but it was annoying having to wait almost a week.

15 minutes ago, ColeMJ said:

At this point (one step at a time), I am more interested in finding out about submitting DCF; are translations necessary (if everything is in either Spanish or English)? and other assorted facts of the DCF Lima process. Thanks!

Each USCIS field office is slightly different and I recommend that you contact them. The UK field office, for example, requests that you do not send any evidence of bona fide marriage with your I130. The Mexico field office requests that you send the beneficiary's IFE (national voter ID card). If you contact the Lima field office they'll likely send you a PDF with their specific requirements. According to their website ( https://www.uscis.gov/about-us/find-uscis-office/international-offices/peru-uscis-lima-field-office ) you can contact them via email or phone.

As far as the rest of the process, it's actually not all that different from the normal IR1/CR1 process, at least not at first. You should read up on the guides here and read the official I130 instructions ( https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf ). There you'll find answers to many questions, including the one about translations (spoiler: you must submit translations of any document not in English when submitting your I130, but anyone can translate them as long as they include a statement certifying that they are fluent in both languages)/

The field office's website (linked above) also has some information under the "Form I-130, Petition for Alien Relative" section. They even address the translations question specifically.

So in short, your goal is to familiarize yourself with the I130 and I130A instructions as that's what you'll submit first. Use the official instructions as well as the guides on here to learn how to do that. It doesn't matter if the guides aren't DCF specific, the I130/I130A are essentially the same for everyone. That said, there may be some quirks at the Lima field office (such as payment, whether to file in person or by mail, etc). Contact them by email or phone to get these quirks sorted out. 

The USC petitioner typically only needs to be a resident of the DCF country up to the date the petition is received. You should not have to notify them. What is your RFE for? Is it regarding your residency in any way?

I forgot to mention, as far as how to schedule your interview you simply have to call them. They will ask you for your case number and then you simply select the time that's best for you.

You can try looking at the CDJ reviews on here, http://www.visajourney.com/reviews/index.php?trim=no&cty=&cnty=Mexico&page=1&dfilter=5&topic= . Not all reviews mention the medical, but there are plenty that do.

As far as my experience, from my research it really seems that both clinics are roughly the same. Both have similar reviews on Google and Yelp, both have their fair share of positives and negatives, and they're right next to each other, only a 5 minute walk to the consulate. We choose Servicios Medicos de la Frontera simply because it had slightly higher reviews and our experience was good enough. Not amazing, but not bad at all.

The sponsor only has to be earning above the threshold at the moment the I864 is filed. It shouldn't matter if they've earned less in the past. If the most recent tax return (2017) is below the threshold but the sponsor is now earning more, you'll have to include more recent evidence such as pay stubs.

Seconding @Sylv in that the USC petitioner can leave the UK as soon as NOA1 is received. The beneficiary will need to be in the UK for the medical and interview toward the end of the process, but the USC does not have to return at any point after NOA1.

Having the USC return to the US before approval actually makes it a bit easier as the I864 (submitted during the interview) requires that the spouse either reestablishes, or intends to reestablish domicile in the US. Intent can be tricky to prove sometimes as you have to gather evidence that you intend to return to the US. So actually returning to the US makes it that much easier.

Since RFEs are done by mail, you shouldn't have any problems there as long as you can gather and mail the evidence they request.

3 hours ago, Silver12 said:

Sylv, I am very happy for you! 

 

My spouse is a USC and lives in America but I live in London we have filed the alien relative pepition I-130 Priority date is 21st February 2018 and service centre is Texas so far we have only received the reciept of notice we are both really regretting the fact that if we have applied through the USA embassy in London it would have been quicker as the approval process takes about 2 months according to their website and as we applied through USA we could end up waiting for more than 5-7 months 😞 ... such a long and stressful process. 

 

Do you think there’s any way we could change and do the paperwork’s here in London??

 

many thanks for your time and info!

 

silver12

You can't change the paperwork but you can simply file a new petition in London. You'll have to create a new application and pay the $535 fee again, but it's possible.

However, you mention that your spouse, the USC, lives in America. In order to qualify for DCF the USC spouse must reside in the relevant country (the UK in this case) as a legal resident for at least 6 months. Individual USCIS offices can impose slightly less strict rules, and I think the London office specifically is a bit lax on the 6 months thing, but at the very least your spouse would have to have legal residency in the UK (not a tourist visa) and be residing there at the moment you file the I130.

You also mentioned that since you applied from the US you'd have to wait for 5-7 months. That's just for the I130 approval, and it's really closer to 8 months. After the I130 is approved you still have to wait on the NVC to process your case and then schedule your interview. This adds 4-6 months for a combined total of 12-14 months from filing to visa in hand. DCF in London takes about 3-5 months from filing to visa in hand as the NVC is skipped altogether and the I130 is approved in 2 months or so.

Some embassies allow the petitioner to attend the interview and some don't. The Juarez embassy in Mexico, for example, does not allow the petitioner to attend.

You can always check the VJ reviews for the Santo Domingo consulate here http://www.visajourney.com/reviews/index.php?cnty=Dominican Rep&page=2&dfilter=5&topic= to see if other petitioners were allowed to attend. Just from a casual reading it seems that they were, though take this with a grain of salt and always be prepared to be denied entry.

As @aleful mentioned, if enough time passes then you'll have to visit your nearest social security administration officer and request one there. The only thing I'll add there is that I think the SSA recommends you wait 3 weeks instead of 2, but there's probably no harm in going sooner.

My wife and I actually had to do that, as her SS card never arrived even though we selected to receive it on the DS260. The lady at the SSA told us that it happens all the time as the DS260 computer system isn't very good. The card arrived about a week after we visited our SSA office.

FYI this is the DCF (direct consular filing) forum, meant for couples applying for an IR1/CR1 while the US citizen spouse lives in one of these countries: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices . You'll probably have better luck in the AoS specific forum: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

They don't process all petitions in the exact order they arrive. Maybe the officer working your sister's case is a faster worker, or maybe your officer got unlucky and received a pile of difficult cases. I don't think a difference of two weeks is cause for concern. 

No se cual sea la forma I160A, acaso no te refieres a la I130A? Lee la guia de VisaJourney sobre la I130, http://www.visajourney.com/content/i130guide1 si puedes, tal vez te ayude

As others have mentioned you can delay at the NVC stage, but also keep in mind that the CR1 visa itself doesn't expire until 6 months after the date of the medical. Not sure how it works in Saudi Arabia but in many countries the medical is done shortly before the interview. That means that if your CR1 is approved in January of 2019, your CR1 would expire in July of 2019.

A combination of a short NVC delay and a 6 month expiration on your CR1 could easily get you to June 2019. If I were in your shoes I would delay the NVC stage by ~3 months. That would give you your visa around April 2019 and you could move to the US anytime between April and October 2019.

2 hours ago, Gina Salinas said:

A question once again I have been reading and many speak of passport size photographs for sending inside the package to apply for the K1 visa. If the photos were not sent that inconvenience could be presented. Or simply ask for missing papers and can they be sent?

As mentioned you may get an RFE (request for evidence). You'll receive this request by mail and it'll have instructions on how to send the missing documents. While this doesn't send your petition to the back of the line, this will cause some delays as you have to wait on the mail system and for USCIS to process your RFE.

No, las finanzas del beneficiario no impactan la petition K1 (o cualquier otra petition con beneficio inmigratorio). Tal vez estas pensando en la visa turista (B1/B2) donde tener propiedades o otros bienes incrementa la posibilidad de ser aprobado ya que es mas posible que el turista regrese a su pais si tiene bienes. 

For what purpose do you need an appointment? Frankfurt's USCIS website says that appointments must be scheduled online ( https://www.uscis.gov/about-us/find-uscis-office/international-offices/germany-frankfurt-field-office ). They have a link there and I was able to get to their calendar and select a date. However, they only offer four different types of appointments:

• I need a form (but that doesn't allow you to schedule, they just give you links to the forms)
• I-407 Abandonment
• Transportation Letter
• Reentry Permits

There doesn't seem to be anything for I-130 filers and that may be because Frankfurt's instructions say that the I-130 must be mailed. To quote their site:

Quote

Residents of Germany filing with USCIS Frankfurt must submit the petition and supporting evidence by mail. 

Is there a reason you don't want to mail your petition. I think I remember you from another thread where the same thing was pointed out. Some field offices only accept petitions in person, others only by mail, and others accept both. Frankfurt states that they only accept by mail so why not mail it in?

As far as whether to file in Belgium or Germany, the same website from above says this under the "Who may file?" section:

Quote

Active duty U.S. Military: Active duty U.S. military service members stationed permanently at a military base in USCIS Frankfurt's jurisdiction, but outside of Germany, may file this form directly with the Department of State without needing to establish exceptional circumstances.

Going by those instructions it seems that your husband may have to file with the Department of State directly, but I do not have any direct knowledge on DCF for military members.

I can chime in with how it works when doing DCF in Mexico. The letter you have with the instructions should be what they're asking for. In our case the letter contained instructions and our case number. It was printed on the Juarez embassy's letterhead.

Even if you don't have it you can actually go to the embassy's information window and ask them to print it, at least in Juarez.

38 minutes ago, RamirezUSA said:

Hi Jorge and Jolson, I am following all DCF Mexico cases. We just received our NOA2 via e-mail and were approved, so we are waiting on some mail to arrive from Juarez (our location is Mexico City). My doubt is: What is the benefit to calling to "pester" Juarez? Am I able to schedule to appointment if I call and obtain the case number before the packet arrives?

 

Thanks, just wanted to clarify. 

Congrats on the approval!

You're correct. All you really need to proceed to the next step is your case number. Packet 3 is really nothing more than a set of instructions. Having your case number will allow you to schedule your interview, and since appointments fill up fast, having it a few days earlier could potentially allow you to schedule your interview weeks or a month earlier than if you had waited.

That said, I did not call to get my case number. My packet 3 letter arrived after only 11 days which was good enough for me. Others have had to wait longer, though, up to 5+ weeks. I probably would have started calling after 3-4 weeks.

No, notarization is not required.

43 minutes ago, hashtagme said:

Sorry to hijack the conversation but how did you get your appointment in Frankfurt for direct filing? I am having trouble finding that info. Do I have to call USCIS in Frankfurt? 

 

USCIS Frankfurt's website (https://www.uscis.gov/about-us/find-uscis-office/international-offices/germany-frankfurt-field-office) has this to say:

Quote

Appointments must be made online. Our public information phone number is +49-69-7535-2233.

However,  it also says this under the I-130 section:

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Residents of Germany filing with USCIS Frankfurt must submit the petition and supporting evidence by mail. 

Are you planning on filing in person? If so, it seems that that isn't allowed. Be sure to check the procedures thoroughly.