N360

Hello everyone, I'm trying to make sure I understand this process properly. So I'll provide a quick background on my situation. My Wife and I were married in the US in April 2007. We filed an I-130 and I-485 through an attorney. The I-130 was approved and the I-485 was denied. As a result of the I-485 being denied, my wife is going back to Thailand next month to avoid overstaying.

Now, do we just simply wait until I receive NOA 2 on the I-130? Does anything else need to be filed in the meantime?

On line 19 of the I-130 it has her address in Thailand. Will the Bangkok Embassy use this address to contact her?

I want to get her back in the US as soon as possible. I've been told that it would be quicker to get a CR-1 Visa for her, instead of going the K-3 route (was told about 3-4 months for a CR-1, as opposed to 7-8 months for a K-3 plus the processing time for I-864). This conflicts with a lot of info I've read on this site, but recently I've seen where people stated the USCIS asked them to switch to a CR-1 from a K-3. So I'm hoping we'll be better off with the CR-1.

Any advice or info would be greatly appreciated.

I'm not sure exactly when but at some point, USCIS stopped charging people for I-129. Ever since, USCIS has a habit of cancelling or "administratively closing" I-129 petitions as soon as their I-130s got approved.

This is exactly what happened to me. And if Ihad to do it all over again, I wouldnt have filed my I-129 because it held up my I-130 petition.

Also your timeline of 3-4 months for a CR1 is very aggressive. Its more like 6 to 12 months.

Thanks trailmix for the info. I do have another question about the DS-3032. In using James' Shortcuts, I understand my wife, the beneficiary, has to fill it out and sign it. This may be a stupid question, but I'm assuming she would put her address in her foreign country and not mine in the states (we are not using a lawyer). Is this correct? My only concern is where NVC is going to send IV fee bill, as that is the only thing that we can not have already completed beforehand. If it is sent to her country, then that would definitely slow things down. And who sends the fee? The petitioner or the beneficiary? The the foreign consulate receive the fee or NVC for $355? I hope I'm not confusing things too much.

Chemarc,

The DS-3032 is for your spouse to assign an agent. The address is depending on whether she chooses you, someone elese, or herself to receive corespondence from NVC. An agent is someone that will correspond with NVC about the beneficiary.

NVC will send the IV bill to the agent. The agent will need to then pay the bill. For this reason, NVC highly encourages that agent be residing in the US.

Unfortunately, you're right. One year is almost normal now for a CR1.

Congrats!!

First off, I want to thank everyone that has helped me from VJ. This is a very good site to get some answers and support for a very complicated and difficult process of getting your loved ones over to the U.S.

The guides say to show proof of the relationship. I am just wondering how much proof you guys and gals are sending in with your petitions? Also, what kind of proof other than phone bills, hotel tickets when I got married, ect...

I have a friend of work who did this about a year ago, and I don't think he send anything in at all except for the petitions, birth certificates. I have a ton of receipts for phone cards. I also have about a dozen receipts from Western Union when I have had to send money over to my wife. But that's about it.

thanks,

martinbr

I sent in marriage crtificate, 3 notarized affidavits from people who attended our wedding, and a bank letter for our joint account . That was it.

1. Last time I was working was November 07. After that I got married in Morocco and now back to the US I want to start the I-130 filing process to bring my wife here. My question is: should I wait till I find a job or is it ok to mention that I am currently unemployed on the "applicant employment history" section on the G-325 form. Does filing for unemployment insurance hurt this petitioning process?

I would go ahead and file the I-130. This is a very long process.

But make sure you have a job, and income that meets the poverty guideline, ASAP. At the latest, you need to have a job by the time you need to submit affidavit of support.

You can also get a co-sponsor. But definitely, file the I-130 ASAP.

2. For the US citizen, what should I write in the "A number" section on the form G-325A? should I leave it blank?

Naturalized citizens usually have A#s. If you dont have one for some reason, I'd just write "N/A" on the form. Never leave anything blank. USCIS and NVC dont like that.

3. Applicant's last address outside the US of more than one year: should I write there the address where I lived before I came to this country 10 yrs ago?

Write "none". What the form really meant was " Applicant's last address outside the US of more than one year in the last 5 years". I came to this country in 1986 and "technically", I should write my last address outside the US. But I wrote "none" and my application was approved.

4. Form I-130 section C. Question 17. (List husband/Wife and all children of your relative). My wife does not have any children, should this question be answered as "None" OR should I list there my info.

My wife does not have any children as well. I wrote "None."

I hope this helps but please remember, I'm not an immigration lawyer.

Noel-

Thanks mate, but question - since some of us have the option to file married but separtely, the ITIN number on the W-7 does come into play as per page 4 it states that it will needed if the foregin spouse of the USC needs to get a ITIN number if filing jointly. I know there is seventy million other pages to read arrrhhhhhh - but does this make sense as it is the way I was told to do it, just show my husband's SSN (which does not exist) on the form with a "NRA" - again this for people filing married but seperate.

SusieK,

Sadly, this does makes sense. lol

The W-7 instruction on page 4, under "Spouse of USC...", mentioned filing jointly AND non-resident being claimed as an excemption. No mention at all about couples filing separately.

So I would "guess" writing "NRA" would be ok. It makes sense to me. Your tax person SHOULD definitely know. I hope you get through and not have to wait six months for an answer. lol

You have two options.

Option 1. File Married. Joint.

You'll have to file form W-7 with your regular tax return and send it to Austin.

Here's more info from the IRS

http://www.irs.gov/businesses/small/intern...d=96696,00.html

http://www.irs.gov/pub/irs-pdf/fw7.pdf

Option 2. File single, the just ammend it later when your spouse gets a SS# using form 1040X

Hope that helps

No problem at all. I do not think you are nosey. I had stated it elwhere but here goes. On line #20 "address where he has lived and dates" He has lived at the same address since birth. I put in the date in the from field and since the to field was pre-programmed to only accept numbers, I was not able to type in "present" I was supposed to hand write the word and forgot. Hence I got a RFE for "imcomplete or missing info". Just go over your form line by line and make sure everything is completed. Do not leave anything blank , no matter how simple it may seem. I was obsessing over him not signing the police report he sent to me, as others told me he should have, so my focus was off. They, at the NVC, told me it was not required to be signed per their system. I was on a trip that day so...

Thanks. I ran into the same problem on line 20. I was thinking of just hand-writing it like you said. Now I know I SHOULDN'T forget it.

Thanks a bunch.

Hey y'all;

Does anyone have any idea how long after the RFE is submitted to NVC, do they resume case review or complete. My RFE is for omitting one word from the DS-230 and I am sending the passport pictures before they send me another RFE. If everything is on order, does anyone know how long before "case complete?"

Just out of curiousity, what's exactly did you omit? Can you share this info?

Not trying to be nosy... Just worried that I might omit what you omitted. Worried that what you omitted is not something obvious.

Thanks.

I am just trying to get on idea and how long a wait, of those who are in "limbo" towards the NVC.

Basically wanting to know how many out here have gotten their NOA 2 approval and are filing CR/IR and the case has not reached the NVC system or just entered it.

It took about two weeks for me after USCIS approval for NVC to assign me a new case #.

here is the story:

yesterday i got the email link for answering the ds-230 with affidavit of support.

im happy to receive it as few more steps its getting to the finish line (almost )

however, as what was advise by the VJ'ers they said to request tax transcript over the phone. I did aafter I get off from work. Waited 10 mins to speak an agent. Gave some informations about my american spouse ( SSN, etc ) wholah guess what they said that they dont have any records of financial taxed filed since then.

scenario:

- his only 22 years

- works part time to his uncle and mother ( who eventually who owns a business Contractual business and Day Care Center )

- who is at the same doing schooling

- i have a father/sister who are permanent resident card holder + a filipino friend (american citizen) who is willing to be my joint sponsor

after i heard that from Ms. Johnson ( IRS dept ) I dont know if im going to faint or what.

i have no more recourse. dreams shattered.

do i have to say goodbye to VJ now? Help. Thanks. Godbless everyone.

No dreams shattered. It just means that you need a co-sponsor since your spouse obviously cant sponsor you on his own.

Hello everyone,

Can anyone please tell me how long after I-130 gets approved and sent to NVC, does the NVC corerspond with the petitioner or the benificiary. And what kind of correspondance do i expect from the NVC. Their automated system says that they have recieved my petition from USCIS but there is no further information about what is next in the process or how long will it take from here.

Also all those who have been able to speak with a rep at the NVC, could you please advice a good time to call the NVC, coz everytime i call the NVC i get tranferred to the automated system and never can get to a rep.

Thanks for helping and all the best to all!

Avneesh

It took 3 weeks for NVC to "generate" DS-3032 and AOS bill. As far as when I'll actually receive them, I don't know. Thanks to James shortcuts, I really dont care. :-)

Dear friends,

Thank God, we made it. You guys have been very helpful and I thank you. We had our interview on 28th Jan. I was with her at the interview which was very smooth. Within few minutes visa was granted and we picked up her visa the next day. POE was a breeze. We are very happy.

I wish everyone good luck with their visa process. Thank you

Congrats!!!!

No, as long as his income is now sufficient.

Thanks pushbrk. I'll be filing my AOS pretty soon and I was wondering about this as well.

I made above poverty line the last 10 years except for 2006. But I already filed my taxes for 2007 and I'm above the poverty line again.

I think I'm good to go without a co-sponsor. Thanks again.

wow 325 pics.... i have a ton of pics of us together, but i was only going to send like 5.... maybe i should send more?

i was sending - 5 pics of us together, my travel iteniraries from my 2 trips there, and an affidavit from my sister...

now im not so sure its enough evidence lol

I didnt send any pics at all except for the required passport photos. but I guess there's no harm in sending tons of photos.

Hi all...we need to keep track of who has applied for their I-130 & K3 with the K3 being cancelled as a result & their I-130 approved. Then we can go to the Ombudsman with some numbers. Let's not fill up this thread with other stuff...just want proof that this is happening then maybe something can be done legally. Thanks!!

Good luck to everyone...

Jen & Jim

Put me on the list. They paired my 130 and 129F petitions. But instead of approving both, they approved my 130 only and cancelled my 129F on the same day.

Rumor has it, that USCIS is dropping all K3 applications and only forwarding the I-130s ANYWAY.

This is a very strange rumor, because it would mean the government is basically taking your K3 money, and then not doing your K3 .. I find it hard to believe.

It's not a rumor. USCIS had been cacelling K3s. This is what they did to my applications.

They paired my 130 and 129F petitions. But instead of approving both, they approved my 130 only and cancelled my 129F on the same day.

As far as taking K3 money... There is no fee for K3 starting mid-2007.

Hi Noel,

Congratulations, and I was offered to stick with I-130 too... still not approved though and wishing for it to come!

And I also think that only USCIS really makes the choice for you.

Good luck to you all!

Thanks ChristineJohn. Yes I didnt have any choice in the matter. I wanted K3 but USCIS closed my 129F petition on the same day they approved my I-130. Since they paired up my 130 and 129F petition, I wish they approved my 129F too. But like you said... USCIS made the choice for me.

I decided to just go with the flow instead of fighting it. I didnt want to risk getting delayed even more.

To be honest though, I am now glad my wife is on the CR1 track instead of the K3.

I hope your petitions get approve very soon. You'r overdue!!!

we didnt get yet our noa2 for both i-130 and i-129f is it ok if we will drop off the i-129f and wait for the i-130 to be aproved first? somebody got their noa2 ,they sent their i-130 july 25 ,ours we sent it july 26 hmmm ...how i wish we will have it next week!!!!

Since you sent your 129 in August, chances are that you didnt pay 129 fee and USCIS will approve CR1 and drop 129F. This is what they did to my applications.

I got my CR-1 green card last May 2007, my husband and I are planning to go back in the Philippines this March to have our church wedding since we only have a civil marriage in May 2006. We will be staying in Manila for only 3 weeks. Am I free to leave USA with just my green card or do I need to go to immigration office and inform that I will be leaving the country? Do I need any other documents to be able to return without any problem?

Thanks in advance to those who will read and respond.

You will have no problem as long as you have the green card.

The only concern I see is the time you'll spent in Manila. Only 3 weeks? That might be too tight for a church wedding in the PI. Good luck!!

Divine Mercy,

I think you'll be the only one that knows whats best for you.

In my case, my petitions were paired up together. I know because they both get touches at the same time all the time. I was also told by an agent that it was paired up. I was so happy expecting them to both approve my petitions on the same day.

When it was time to process my petitions, they processed them at the same time, but USCIS decided to approve my I-130 and terminate my I-129F.

Although I wish USCIS BOTH approved my petitions, I decided to not fight it and go full steam ahead with our I-130.

My goal was to be with my wife as soon as possible. Believe it or not I figured it would take a lot longer to fight USCIS.

Good luck on your journey!

But... I like the fact that USCIS can now decide which visa is "right" for you.

Just got hard copy of my I130 approval. It says that they have forwarded my case to NVC. I was confused coz I filed K3. I thought they will hold onto my I130. So I called our little misinformation line.

I was told by the agent the my I129F was on "administrative close". He said, based on the "new procedure", they have to close the I129F and just approved the I130.

#######? Has anyone heard of this new procedure? People have no option now?

Your timeline doesn't indicate you filed an I-129F. When did you file it?

Sorry, I modified my timeline becuase I'm not on K3 route anymore.

I filed my I-129 back in August 1. I filed it late because I waited for NOA1 like a good little boy.

They paired my 129 and 130 back in September. All is well and good except that they filed my petitions under August and didnt touch my I130 until recently.

On 1/3/2008 and 1/4/2208, both my petitions got touched. 130 approved and 129 unchanged.

I didnt know they closed my 129 until I received hard copy of my NOA2 for 130 and reliazed something fishy.

Just got hard copy of my I130 approval. It says that they have forwarded my case to NVC. I was confused coz I filed K3. I thought they will hold onto my I130. So I called our little misinformation line.

I was told by the agent the my I129F was on "administrative close". He said, based on the "new procedure", they have to close the I129F and just approved the I130.

#######? Has anyone heard of this new procedure? People have no option now?

This has happened to several VJ members. What the person you spoke with probably meant to say was that USCIS closes your K3 petition if the I-130 is approved first.

They paired my petitions. They could have approved both at the same time, like they did yours but... NOOOOO.

"They have decided" to just approve the I130 and close I129F.

Anyhoo... Like I said, I'll just go with the flow. I don't want to fight this and insist on K3. I'm afraid that USCIS will get "confused." LOL

Thanks everyone for your wishes. I wish you all the best too!

I would be very glad that they moved the I-130 it results in the superior immigrant visa no adjustment of status needed ($1010) and NO waiting 90 days or more to get EAD, and even longer for AOS to result in a greencard.

Hi YuAndDan,

I know its a better visa. I was just upset for a few reasons.

#1. My I130 approval got heavily delayed because they paired it with my I129F and took the I129F's date as the priority date.

#2. They left me no choice! It is my understanding that K# gets processed so much faster at the NVC.

Anyway.... Sorry. Just venting a little bit. We're at the mercy of the USCIS. No matter what we want to do, they'll do what they want to do.

I'm sure this turned out to be better though. I just wish I knew this from the start and didnt file the I129F to begin with. My I130 could have been approved much faster.