Willy988

4 minutes ago, Timona said:

Use official site + email. 

The problem is we never got an email. We scheduled our own interview at the embassy, because we expedited past the NVC stage. The official site is giving us doubts as stated.

I have been looking around, and saw some good info here. We are just about to schedule our medical this week, and our interview is 12/12.

One thing that especially my wife is worried about is the documents/papers to bring with us.

It is not immediately clear as to what we should be bringing, since the official site and email says one thing, but many people say another. I now found this: https://travel.state.gov/content/dam/visas/Supplemental/appt letter_checklist for interview.pdf

Is this an accurate checklist including the 2 police certificates in Brazil? I am just wondering if there is anything else we should know to be prepared.

P.S. my wife is also a little worried since exactly a year ago her tourist visa was denied before we were together due to not having ties to Brazil.

Bit of a tricky situation here. We got to the NVC stage and are preparing for the AOS.

Me, the petitioner, does not make the 125% income requirement of $24,650. I am a student so my income was about $10,000 this year from an internship over the summer, and I have never filed taxes in my life.

Obviously I turned to family to see if they were willing to help. I don't want to get into family politics here, but frustratingly my family does not trust giving their signature because they think they will be responsible for any legal troubles and although they make enough money, money is tight and the discussion of it already is very stressful

So with that, my assets are about $12,000, my income which I can prove with stubs as of this year is $10,000. My family has offered to give me all the savings I have in accounts I don't control so assets can be proof of support.

I heard I need 3x the difference in missing income, which seems to be about 12,000 x 3 == 36,000 USD right? I am not sure if having 36-38k in my checking account along with 10k in pay stubs would be enough proof? What are my options?

After a month waiting of stand-alone I130 consular filing, with a PD of 9/15, we got approved last night. We had a severe case to expedite and it was approved. 
 

I am checking the case status and the case is still open even though we have the receipt of notice of approval. I read online that after that, the case status will be “forwarded to NVC”, and then get a welcome letter sometimes. 
 

My plan is to send an expedite request to the provided email providing the same proofs and mentioning to them that USCIS approved our expedite request. 
 

I am just not sure if there is a time or stage I should wait or if I can just go ahead? 

19 minutes ago, Chancy said:

 

I can relate to the frustration of having your expedite request denied.  Ours was denied too, despite submitting pages of evidence.

 

Another option you can try is to file I-129F, if you haven't already done so.  There's no filing fee for I-129F for K3 spouse.  The I-129F K3 will almost certainly be closed, but many VJ members reported that filing I-129F may have triggered their I-130 to be reviewed and approved faster.

 

Oh really! That's awesome. Is it really free? I thought it costs money even if filed while an I-130 is pending!

4 minutes ago, Chancy said:

 

I won't hurt to request the consulate to accept your case for DCF, while disclosing that you have a pending I-130 already with USCIS.  Even if the consulate denies your DCF request, it won't harm your existing case, as long as you answer the consulate's questions truthfully.

 

Same with requesting an expedite with USCIS instead -- it won't hurt your case to ask, even if they deny your request.

 

You're right, but the USCIS denied our case twice without ever giving us a chance to provide evidence. We have court documents, translations, and pictures of crime scenes and bank statements. Only the immigration officer at the embassy gave us a chance, which is why I am really scared to make a wrong move here. Still doing research here, seeing if there is some sliver of hope, since it was defeating to get a robot response without asking for evidence despite getting senators and such to help our case.

Just now, Boiler said:

When you filed online you filed domestically.

I see, so before I reply to the officer, is there anything I can possibly do for my situation, or do I just have to explain the case here?

1 minute ago, Crazy Cat said:

Yes, it does address your situation.  You filed an I-130 domestically (to USCIS stateside).  

Got it, I see. So there is nothing I can do except explain the situation to the officer?

1 minute ago, Boiler said:

Did you tell the Immigration Officer you had filed the I 130. What are their instructions.

I did not yet, after seeing what @Crazy Cat said I am seeing my options before they flat out deny me. Seeing if there is some workaround.

2 minutes ago, Crazy Cat said:

A Consulate is not authorized to accept a DCF case if an I-130 has already been filed with USCIS.  They have no discretion to do so.

Chapter 3 - Filing | USCIS

 

Right, but I did not file domestically. I filed online while living in Brazil.

In addition, USCIS does not authorize DOS to accept a local filing abroad if the petitioner has already filed a Form I-130 domestically for the same beneficiary. If exigent circumstances exist, the petitioner should request expedited processing for an electronic or domestically-filed petition. Local consular or USCIS staff should inform the petitioner of the process to request expedited adjudication.^[7]

Found the above online, from another post here. It doesn't explain my situation, since we filed online WHILE I was living abroad.