chemarc

So what are the chances of being approved for the SB-1?

Yes, 100%.

Thanks for your help guys. I just don't like the fact that it is not a sure thing, and if she is denied the SB-1 Visa, we have to start the WHOLE process over again. I don't even want to think negatively but I'm not sure what the chances are of the approval. What are some good cases and documents to bring?

Hello,

This site has helped me a lot in the past when I filed the i-130 for my wife, but now I have another big Immigration problem. I was wondering if anyone could help?

The Issue:

My wife left the USA as a legal permanent resident (conditional residency status, I-751 filed and extension on Card granted until Sept. 2011) to Bolivia, her country of citizenship, temporarily on April 14, 2010 with the intention to return back to America. In October 2010, she had given birth to our son, who is now 6 months old. I was in Bolivia from October until December for the baby's birth as well as to fix his papers so he can have US citizenship. We did not receive his US Passport until March of 2011.

The problem is that my wife went to leave Bolivia with our two sons on April 22, 2011, and was stopped at the airport (in Bolivia), where immigration had told her that she cannot travel due to the fact that her stay outside of the US was more than one year: 1 year and 8 days to be exact. I spoke with the US embassy in La Paz, Bolivia and they basically told me I had two options: 1) She could "try" to apply for a Returning Resident Visa (SB-1 visa) with no guarantee that the Consular officer would approve it, due to it's strictness or 2) Go through the whole immigration process all over again. The former would take about 2 months if approved, the ladder would take an additional year. Both methods being costly.

I don't mind paying the money for option 1, but it would be nice if I had some assurance. And I can't see going through Option 2 again because of the long wait, especially since I've gone through the nightmare before after I married my wife.

My family and I are devastated right now because we honestly did not know about this law that we had unknowingly violated because of my wife's overstay in Bolivia by just 8 DAYS. The law also states that government employees and military personnel do not apply to this rule. Since I'm neither, the US Embassy is basically no help to me and keeping me in the dark.

My questions are:

Is the SB-1 visa the way to go?

What are the chances of being approved?

Can a government official help in this case?

There are a couple reasons why my wife had to leave in the first place: (sick mother, wanted to have our son in her country of citizenship). I am a US citizen and I honestly did not know about this rule, I figured since the I-751 NOA gave her up until Sept. 2011, everything would be fine as long as she cam eback before that date. Any help would be greatly appreciated. Thank you.

I just called her. The stamp is in there. It says Dept of Homeland Security: Sept 29, 2008 - Sept 29, 2010. Is that it? I would think that is the two year permanent residence card.

The temporary stamp is only good for one year.... It has nothing to do with the actual expiration of the physical card because it is TEMPORARY until the physical card arrives.

So since she will be coming back in March, it will not even be close to a year yet. I have no idea why we haven't received the GC yet, but nothing surprises me anymore based on how slow this system is. All I want to know is if that stamp will be able to get my wife back to USA, and as some fellow members already stated, it sounds like it will.

I just called her. The stamp is in there. It says Dept of Homeland Security: Sept 29, 2008 - Sept 29, 2010. Is that it? I would think that is the two year permanent residence card.

Are saying that you don't know if your wife got her green card yet and may have departed the US without it???

"All I saw that she has was a s.s. card and her marriage visa inside her pasport. I didn't see anything else".

Yes, she had to leave in an emergency.

No problem leaving the US without a GC but she isn't coming back without her GC. You'll HAVE to get her GC and get it to her.

Best way is for you to fly it over yourself and not take a chance on the mail or a courier service.

Thanks. Who can I call to check the status of that? And if its being sent or not?

Are saying that you don't know if your wife got her green card yet and may have departed the US without it???

"All I saw that she has was a s.s. card and her marriage visa inside her pasport. I didn't see anything else".

Yes, she had to leave in an emergency.

Thanks Len. Anyone I can call to check and see if it has been sent? Also, when the visa was issued to her by the Embassy there was an expiration date of January 2nd because you have six months to go to USA after the interview has been approved.

She was only here for two months before she went back. The social security card was sent right away but I didn't see a permanent residence card.

CR-1

All I saw that she has was a s.s. card and her marriage visa inside her pasport. I didn't see anything else.

We didn't file anything yet because the conditional permanent residence is for the first two years. She was only here for two months before going back to her country.

Hello All,

Not sure if I'm posting this in the right place but here goes. My wife came to the US in early October on the marriage visa,(much thanks to this informative site) and we have not been married for more than two years so I'm assuming the residence in conditional. However, she had to go back to her country in early December because her mother had gotten sick and she needed to help out. She has a round trip ticket set to come back on March 10. Will there be an issue in trying to come back. She has a social security card already. Anything that she or I has to do before she comes back?

-Marc

So yesterday my wife calls me after her interview with the embassy telling me we have to wait 6-8 more months. I almost had a heart attack, so right before I was about to lose it, she says she was only joking and her her visa has been approved.

You don't know the relief I feel right now. God is good. I also want to thank everyone at visajourney for leaving me with no question unanswered. This is a wonderful place to go for information on marriage visas, and a whole lot cheaper than a lawyer. For the people whose visas, have been approved, you know the relief it is to know your wife or husband will be with you soon. And for the people still waiting, trust in the Lord and leave it in his hands, and your day will come soon. This process has be an extremely long and stressful one for my wife and I, but its all worth it.

She went in there with a very calm and cool attitude, and made the consulate officers laugh and become interested in our life story.

The embassy kept her passport and said they will send it to her with her visa within 3-4 weeks through DHL. For me this seems a little long. Is this what they always say? Does it wind up being shorter than that or is this really the right amount of time? I want to book her flight as soon as possible because I don't want to waste another day.

Once again, I want to thank everyone who helped me in this process, and God Bless all of you.

I just felt compelled to say a little prayer for all of us who need it and is not doing well waiting on this immigration process.......

Heavenly Father, most gracious loving God, the one who said let there be and there was. I come to you right now in the name of Your Son Jesus Christ. I petition your intervention merciful God for all of us who are going through this immigration process and is having a difficulty waiting, but Lord right now we come on the authority of Your words that said....Those that wait upon You, You shall renew their strength and we will mount up with wings as eagle"

Father right now in the name of Jesus Christ i come against everything that is not of You and i command all the prices of persia to go back to the pit of hell where they belong. Strengthen Your people Lord, give us the patience to wait upon You....give us sweet peace Lord that we may rest in Your arms while we wait to be with out love ones. Lord God the very family was commission by You Father so i know God that no devil in hell can keep us away from our love ones.

God you commission marriage and Your word said.."what YOu have joined together let no man put assunder" So God right now we stand on the authority of YOur words.....We know God that you are not a man therefor Father you cannot lie. God you said in your words that before one of your word pass, heaven and earth will pass away.

Oh sweet loving God hear our cries today....your people all over this forum needs Your divine intervention. I curse every plan of the advisary and i claimed victory in the name of the Most High God.

So now we thank you Jesus for what you are about to do and what you have already done.......Let your name by gloried dear God, let your people rejoice and their enemies be scattered!

We thank you right now good God, keep us safely in the hallow of your hand until we see our love ones in Jesus name.

Amen.....Amen...Amen

PS: God never gives us more than we are able to bear

"The most powerful position on earth is kneeling before God" James 5:16

When you dont see the hand of the Lord, trust His heart

Amen...

Ok I called NVC this morning and talked with an operator. She told me that the I-864 packet had been generated and will arrive in 2-4 weeks. However, I'm ready to send everything right now using James Shortcuts. I have all of my documents together. I want to send the I-864EZ form. I'm using just my own income, I'm the petitioner, however, my wife has a five year old son who has been with her in Bolivia and is a United Sates Citizen, so the petition is just for my wife. He will be traveling to the US with her and will then be a dependent once they both arrive. Do I have to declare her son as a dependent on the form? Or just use my wife and I for the form. Can I still use the I-864EZ or the normal one? My income is still above the poverty level for three people for this year. Anyone have any suggestions?

Also, I created the I-864 choversheet page, but to me the barcode looks a little off. Can anyone tell me if this looks ok. I followed James Shortcuts exactly. I hope I attached it correctly.

I_864_Coversheet.doc

they received my wife's 3032 today which was sent on 3/4

I have someone do my taxes though, will they be able to give me a copy?

Thanks Diane for answering all my questions on here and on other posts. Maybe they seem like stupid ones but I just want everything to go smoothly. So if i do my taxes now for 2007 will I be able to have a copy of my 2007 tax return right away from the person who is doing them? Or do I have to wait on IRS?

I'm in the same boat as you. My wife sent hers out on Tuesday last week week. She recieved an automated response that same instant, however when I call there is no change so far.

I haven't done my taxes yet for 2007, and will have to send my I-864 soon along with the tax returns and W-2s to the NVC. I called the IRS yesterday, and they can obviously send me 2004, 2005, and 2006. Do I need to send the 2007 tax return? I have my current W-2s. 2007 was my best year financially since in 2004, 2005, and 2006 I was in school and probably made below the poverty level. However right now I currently have a good job making above the poverty level. So what would be efficient to send with the I-864? I can definitely send current W-2s and a letter of employment for 2007 and 2008, but how important is the 2007 tax return since right now is tax season? Any suggestions?

I currently sent the AOS fee bill and DS-3032 via email so I'm not sure how much time I will have until the next step.

chemarc, I'm on the same boat as you. My wife is currently gathering all her required documents to be sent to me. After she gets the police certificate, she's going to get the translation done for the PC and her birth certificate at the local authority, not US embassy, before sending it to me. As for other document such as marriage certificate, I translated it myself and included the following statement per NVC guideline:

CERTIFICATION OF TRANSLATION:

I, ________________________________________, do certify, under penalty of perjury, that I am competent to translate [xxxxxxxx] language into English that the translation I have rendered of the attached [xxxxxxxx] is a complete and accurate translation.

Sworn and subscribed this _____ day of _____, 2008

Signature: ________________________________

That's our plan for DS-230.

Thanks Tyrobe,

We already have the marriage certificate translated and "certified" by the US embassy which cost a small fortune, which we did when initially sending the I-130. That was the reason for asking about the other documents such as the PC and her birth certificate.

Hey everyone,

My wife is working on getting her documents together for the DS-230 application. I understand that every document (birth certificate, police certificate, etc.) that is not in English, must be translated into English. However, does anyone know if those documents must be translated by a US embassy recommended place, and then be certified by the embassy, or can the documents just be translated and certified by someone not affiliated with the US embassy. The reason I'm asking this question is because the US embassy always charges big bucks to certify everything, they always need to get money from something it seems. How has everyone else translated their documents and sent them into the NVC? And how much does it usually cost? Thank you.

Check your embassy in the DOS's web site to find out what it says regarding the civil documents of the beneficiary.

http://travel.state.gov/visa/immigrants/info/info_3176.html

This will probably say that all documents not in English nor in the official language of the country in which application for a visa is being made have to be translated. So you might be ok.

Diana

It states "certified" translations, but it doesn't say certified by the US embassy.

Hey everyone,

My wife is working on getting her documents together for the DS-230 application. I understand that every document (birth certificate, police certificate, etc.) that is not in English, must be translated into English. However, does anyone know if those documents must be translated by a US embassy recommended place, and then be certified by the embassy, or can the documents just be translated and certified by someone not affiliated with the US embassy. The reason I'm asking this question is because the US embassy always charges big bucks to certify everything, they always need to get money from something it seems. How has everyone else translated their documents and sent them into the NVC? And how much does it usually cost? Thank you.

the biggest mistake i see people make is one word on Q20 of DS230 'present' or current tax return

I've seen that too. I can't believe one word like "present" can delay everything. Its ridiculous. All we want is our spouses back with us and they have to bust our chops about everything. I can't wait for it all to be over.