Sanjiv Patel

kman,

My sister and nehphew's experience in March 2008 agrees with what mgk said. You will be asked of Appointment Letter (as they are still not aware of the new process) by both the PCC and RPO, but your wife can state that the process has changed and the best document available so far is DS-230 wih her name on it. In my sister and nephew's case, they had some convincing to do, but it worked after 0.5 Hr wait.

You are right on about getting PCC early enough. The PCC and RPO certificates will take at the most 2 weeks, and if you are lucky, as short as a week.

Hope this helps.

Sanjiv Patel

If you have enough income to satisfy 125% of Poverty Guideline for 2008, I wouldn't bother submitting Bank Letters/Statements and having a co-sponsor. If you don't meet income requirement, but your co-sponsor does, neither of you need to submit bank balances. If the latter is the case, I would think that it would be sufficient if you submitted balance letters without statements (as they are not required, but are "additional" evidence of your ability to support).

With my personal experience (visa granted Apr 15 2008), I agree with fwaguy. We did not provide anything but transcripts from last 3 years federal tax returns and job letter. My income for last 3 years had been consistent and there was no question about finances in interview for my sister and her family. Had I provided bank balance, I would have to have my wife file I-864A, because she is a joint owner. I didn't want to unnecessarily have another person sponsor it if it was not needed.

See another of my post relevant to this discussion: http://www.visajourney.com/forums/index.php?s=&showtopic=118356&view=findpost&p=1699975

If you are interested in ordering FREE tax transcripts from IRS, see my other post: http://www.visajourney.com/forums/index.php?s=&showtopic=112818&view=findpost&p=1619731

Hope this helps.

Sanjiv Patel

If this mistake was done in India, the consulate ask you to get a new sealed envelope from the embassy after you pay the Immigrant Visa fee, once again! The exact language of Consulate-specific document (http://travel.state.gov/pdf/supplements/BMB-SUP-ENGL-0001-0804.pdf) is as follows:

Hope your embassy does not charge you for issuing a new envelope.

Regards,

Sanjiv Patel

kman,

You are right. As per the previous link I provided, you are not required to produce anything but RPO clearance, as you just got a new passport. However, because of Dec 2007 change of Indian consulate and embassy from "Standard" Post to "Appointment" Post, NVC now collects all the civil docs, PCC, RPO cert, etc. So, you have to follow NVC's guideline and not specific consulates'. As Jigi correctly pointed out the mismatch between VFS, Consulates, and NVC, the requirements are slightly different and creates a lot of confusion (see separate thread on this: http://www.visajourney.com/forums/index.php?showtopic=115809&st=0&p=1660414entry1660414).

NVC's guideline for PCC: http://travel.state.gov/visa/immigrants/info/info_3195.html#police

It does not have different guideline for people with new passports. So, to be on safe side and to avoid any RFE, I would suggest that you request PCC from both Gandhinagar and Rajkot.

Jigi,

I know of at least two major cities (Ahmedabad and Baroda) that provides PCC for immigration. I know Mumbai Consulate states that there seems to be unwillingness to provide PCC on part of some other districts in Gujarat. But, I am not sure which cities/districts these are that don't issue PCC. My sister had to get one from Baroda and my nephew had to get one from Baroda and one from Ahmedabad.

Regards,

Sanjiv Patel

ehytee7,

A minor correction on the use of I-824. I previously stated that I-824 is used to request "status" of the original petition. However, it's used to request further "action" on a previously approved petition or application. I-824 is not for verifying status of a pending petition/application.

If your mother recently adjusted status to Legal Permanent Resident, then she can use this form to tell the consulate to schedule immigrant visa for her remaining family members. In this case, it is worth to file for expedited processing because your brother would otherwise age out.

Is your mother in this latter situation?

You can read more at: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Regards,

Sanjiv Patel

You haven't stated if your mother is US Citizen or Permanent Resident. If PR, the wait for husband and unmarried minor (F2A) or adult children (F2B) is long for Phillipines.

I-824 is not a new case. It's a form used to request status of the original petition, which you said was recently approved in April. Since Sept '07 to Apr '08 was a short time, Child Status Protection Act (CSPA) will help reduce the age by a few months - not enough for situations where visa won't be available for another 5 years.

If she is US citizen, the wait for your brother will be even longer. If she hasn't become a US citizen, she should not.

I-824 will not prevent your brother from aging out. However, if you want to read more about CSPA, see my article, which is pinned at the top of this forum:

http://www.visajourney.com/forums/index.php?showtopic=110854

If it was that easy to work the immigration system by filing I-824 to bypass aging out of children, everyone would be doing it. Not so.

Regards,

Sanjiv Patel

Here is a recent document from DoS for immigrant visa from Mumbai Consulate: http://travel.state.gov/pdf/supplements/BM...L-0001-0804.pdf

It has a section on Visa Validity.

If your consulate is listed on http://travel.state.gov/visa/immigrants/info/info_3742.html with consulate-specific information in similar fashion, you then found a more relevant information. Otherwise, you can show Mumbai specific information. This duration does not change with conutry or consulate.

Hope this helps.

Sanjiv Patel

Panki,

For I-864, you need to have 125% income of poverty guideline.

You don't need W-2 forms if you are providing IRS transcripts. They are needed only if providing photocopies of tax forms.

Only Federal tax returns are needed. No State Tax returns.

You don't need pay stubs (2 months) if your Employer Letter is recent and your pay history for 3 years as shown by tax transcript is similar (with only minor year over year fluctuations). If your pay recently got higher (because of completion of college), you may want to show the Pay Stubs. Otherwise, they are not required evidence.

You WILL need 2007 tax record with W-2 forms, though, as transcripts for 2007 will not be available until after June 2008 (?). In this case, you will not need 2004 transcript, even if you have collected it. In any case, the most important evidence is the income you have in the year you file I-864 and not other years.

DS-230 Part II also needs to be filled out, but do NOT sign it.

From Lucknow, you will not get PCC (unless you lived there), but Regional Passport Office clearance. That can be given only after you collect your local PCC.

Passport copies do not need to be notarized. In fact, I don't recall if anything needs to be notarized. So, save some hassle and expense.

Hope this helps you and others.

Sanjiv Patel

Originals only.

Certified copy is one that is certified as true by the Issuing Agency, and in case of Birth/Death certificate, it is the Registrat of Birth and Date in your municipal office. No one else can certify this.

Same goes for Marriage Certificate.

Notarized documents are not acceptable.

It's not much hassle to get a few copies from the Registrars, and use it as you need. Go for that, rather than notary shortcut.

Regards,

Sanjiv Patel

All PCCs are valid for 12 months, not 6 months.

See: http://mumbai.usconsulate.gov/ivpolicecertificates.html

You don't need to get one from Regional Passport Office, as your passport has just been issued in mid April 2008. (within 6 months, and you don't need cert from RPO.)

You do need to get two PCC: one from Gandhinagar and one from Rajkot. I have read somewhere in this Forum that if you lived > 6 months in more than 2 places, you need to get at most 2 PCCs from the most recent 2 cities.

Also, when DS-230 needs to be filled, do include Rajkot as one of the places she lived.

If she lived in Hostel, she will need letter from Wardon of the Hostel to get the PCC from Rajkot. If she lived in private house / apartment, she will need rent receipt or letter from association chairman, if there is one, or two witness. I know, it sounds complicated, but trust me, these things delayed PCC for my nephew by 10 days.

Regards,

Sanjiv Patel

I am not familiar with K-1 process, but in family immigration process an unsigned DS-230 is a definite reason for an RFE. If I were you, I will get another one out as soon as I can.

Regards,

Sanjiv Patel

dunhill, june007, mgk,

Thanks.

And good luck with your visa process.

Sanjiv Patel

My family got visa without much hassle. My nephew was successful in getting visa under CSPA. This is second case I have witnessed in 2 weeks where CSPA worked!

Sanjiv Patel

<Modified from private conversation with Shashi for everyone's benefit>

Shashi,

Please call NVC and ask the operator what is missing so you can plan before you get the RFE in mail.

Of course, IV fee bill will not be processed for about 2 weeks and will show up as missing until that happens. So, it might be the IV fee that they are missing.

No better way to find out than to call. I know it is frustrating to keep calling until you eventually get through to talk to someone. FYI, they are open til midnight to answer your calls. Early mornings when most people are in commute and late nights worked for me better than other times.

Hope I was of help to you.

Regards,

Sanjiv Patel

mgk,

I am not sure if the document that I described was on the link you provided. It can still be accessed from the second link in my article (copied below for reference):

http://travel.state.gov/visa/immigrants/info/info_3742.html

It's confusing why they have different information linked from different pages. In some cases, it makes sense, such as when providing consulate specific medical check instructions with list of panel doctors. But, in other cases, it doesn't make sense. E.g., your link and above link should both have BMB available as a choice, but it doesn't.

Even after publication of this memo, they made my sister sit around for few hours before taking payment from her in VFS-Ahmedabad. VFS Bombay knew the new updated procedure but wouldn't call VFS Ahmedabad to instruct them to take the money from her. They expected her to call Mumbai VFS, but she wasn't allowed to bring phone in and at the same time not allowed to come outside to make the call! Go figure!

At this point, I am so fed up that I am going to write a very strong letter to Indian Ambassador and Cc: to VFS heads, consulate generals, and NVC directors. I just had enough. Hopefully, this will fix the broken process for the good of those who are going through this new process now. This VFS payment thing doesn't make any sense with the new process, as they can collect the fees for return of the passport on the date of interview. Why are they making people go from their towns to VFS offices, as if they are next door? And, then not take payments, because these ignorant people are not updated by Consulates and their VFS headquarters?

Regards,

Sanjiv Patel

Seems like we do not need to submit even proof of relation stuffs [wedding cards, e-mails print outs etc] to VFS.

Dunhill,

You would need to provide all the proof of relationship now to NVC. If you haven't, you can provide it to VFS or take it in person on date of interview. The idea is to submit this to them for review, at least once. In our case, we submitted everything to NVC and now VFS, in continuation of their old procedure, was asking for it again. These kinks in the process will work itself out by May, when VFS starts seeing more applicants going through Appointment Post process.

Hope this clarifies it for you.

Regards,

Sanjiv Patel

mgk,

The links you provided are OUTDATED if you are following the new "Appointment Post" process by NVC, where NVC collected all the original civic documents. These documents in your link asks you to submit all documents to VFS, which if you have already submitted to NVC, and you don't have any more originals left (esp. PCC and Passport Clearance Certificate, which are only issued as one original). (I had checked thse links out several times in the past, mostly in the hope that consulate will update the web pages with new instructions, but so far Mumbai Consulate has not changed a word, probably because they are following both processes in parallel, while they are going through this transition from "Standard" Post to "Appointment" Post.)

Just today I have come across the new instruction (dated 2/21/08) for Mumbai Consulate, though I can vouch that these instructions were not posted to Dept. of State web site until 10 days back.

http://travel.state.gov/pdf/supplements/BMB-SUP-ENGL-0001-0802.pdf

If you are from one of the other consulates, appropriate document for your consulated can be accessed from: http://travel.state.gov/visa/immigrants/info/info_3742.html

This letter was NOT sent with the NVC generated Appointment Letter. This letter clearly states that all applicants should pay the VFS courier fee of Rs. 365 between 15 and 3 working days prior to Appointment Date. It does not ask to submit any copies or originals to the VFS. So, we should now be clear that nothing more documentary evidence need to be provided to VFS.

Notice that the dates VFS will take your fees is different than in the old process (10 to 7 business days before interview).

The NVC generated Appointment Letter (for both petitioner and beneficiary) has no mention of VFS (probably because NVC process is global and VFS is specific to India). MGK, beneficiary does not receive any other thing from Consulate, so they will NOT get any additional document that talk about VFS, unless it is the above document that they have started to send out to new applicants. Our interview is approaching soon (Apr 15), and the NVC generated Appointment Letter was dated 2/21/2008 (same day as our Appointment Letter). Probably there are a few applicants who are ahead in the new process., who did not get this letter in mail and are unfortunately suffering because of lack of knowledge about this changed process in VFS, as well as surprisingly in Consulate!! My nephew called Mumbai Consulate yesterday and it was the first time these phone support staff had heard of the new NVC appointment letters. They did not believe him last week when he had called consulate and VFS did not beleive him when he presented the NVC generated letter, and VFS did not take payment for courier fees. However, when he spoke to a supervisor of the phone support person, he was aware of two cases from earlier in the morning that had the same situation. Even then, he did not know about this on Apr 3rd, when this letter is supposedly from Feb 21st!!!!!!!!! Talk about lack of coordination. He was saying that they have now informed VFS offices about this changed process and new applicants that follow should hopfully get less hassle.

With the new State Dept. memo, the process is now clear: Pay courier fee of Rs. 365/applicant, do NOT submit any documents to VFS if you have sent originals to NVC, and go for interview.

Hope this helps everyone.

Regards,

Sanjiv Patel

For the benefit of everyone: One correction to my original reply to Ankit's question. (Unfortunately, I can't edit the original response.)

If one has aged out even by CSPA calculation, the application is supposed to automatically get converted to F2B category while retaining the original priority date. There should be no reason to file another I-130. However, automatic conversion does not happen in today's USCIS process. As Garcia case showed, hiring a lawyer and working through the legal system may help those in this situation. With a documented win for Garcia, the newer cases should be simpler than it was for Garcia.

Regards,

Sanjiv Patel

June007,

No offense, but please do not hijack thread for unrealted discussion - start a new thread. To shortly answer you, you will not have to pay the fee at consulate since you have paid $400 to NVC.

Dunhill,

Although your question was for mgk, I would like to say that in my case, the Appointment Letter was from NVC (sent to 3 parties: Petitioner, Agent of Choice, and Beneficiary) and so far there has been no direct communication from Consulate - and I believe there is no reason for them to duplicate NVC's communication. The consulate's web site shows the interview has been scheduled for our case number, so that's one peace of mind. the NVC letter shows what was submitted and what was missing, and it also says to bring all un-submitted documents, if any, for interview and does not talk about VFS or paying any fees. So, there is some confusion. However, VFS fees need to be paid, I think, for return of passport to beneficiary. My stand is, if you have submitted all evidence to NVC, VFS should only collect the money and not request original or even photocopies of the documents.

However, there is no communication between Consulate / NVC, who are working with new process, and VFS.

I can update you all after Apr 8th - latest date by which the beneficiary needs to pay VFS fees.

Regards,

Sanjiv Patel

Ankit,

I will send my e-mail address in a private thread, if you need to do personal follow-up.

You still haven't answered my original question: When was your petition approved? Without that you don't even know if you are eligible to get visa with your parents in the original petition - without having to wait for your parents' filing a new petition for you and your sister.

Assuming that you don't qualify for CSPA age of under 21, your parents should file for you as soon as they put foot on US soil. The best thing to do is hire a knowledgeable lawyer from US, if you feel the need. An Indian lawyer will not be able to represent you in front of consulate officer or NVC or USCIS, if needed. However, if you feel hiring someone in India to do any paperwork on your behalf, you can hire some Indian lawyer rather than hire agents. There is no education or experience requirement for these agents, and anyone can start an office of agent and make people fools. Don't become victim.

If your parent's 2-B filing does not get the original priority date from your parents' application on which you aged out, your US lawyer can take it up to USCIS / NVC to correct their records based on legal points. However, I know at least in one relative's case, where this happened on its own without need for a lawyer. So, you can also do the same thing - hire a laywer only if needed. I would think that your case should take as long as a processing time (similar to a US citizen filing for immediate relative) - typically 6 months - because with your original priority date, your date is current as soon as an application is filed.

I don't know much about your friend's case. You may want to ask your friend to post his story on this forum for me and other knowledeable people to respond. However, if he is exactly in the same situation as you, he should have already gotten the visa. The reason he hasn't, makes me think that his priority date has not been assigned from his parents' original petition. His parents' should consult a lawyer for this case, if no good respinse comes from this forum.

I need all dates - including approval date - for your cousin, as well to be able to help her.

Keep in touch as your progress through this so others can benefit from your experience. Keep adding your comments to this thread.

Good Luck,

Sanjiv Patel

Ankit,

I would avoid use of agents. You get wealth of knowledge by visiting this forum and some excellent websites (such as murthy.com). I know in the past some agents have screwed up people because of their ignorance. I would do it myself rather than trust any agents. Just personal opinion.

Regards,

Sanjiv Patel

The originals are submitted to NVC. So, what's the point of providing another set of originals to VFS? Most importantly, in Vadodara and Ahmedabad, only one original Police Clearance Certificates are issued even when we ask for 2. So, where are we going to find another original? VFS needs to understand the changed procedure and stop asking for originals if they are submitted to NVC, as confirmed by NVC on Appointment Letter.

Regards,

Sanjiv Patel

Ankit,

Please do not provide birthdates in an open forum discussion. If necessary, initiate personal contacts, once you receive favorable responses.

Please read my article on CSPA before you post question.

http://www.visajourney.com/forums/index.php?showtopic=110854

It has a calculator that can help you calculate your eligibility on your own. As my explanation states, the CSPA takes away the period of time from petition filing to petition approval from your actual age. If this duration was very short, such as 6 months, you may be out of luck. When was your petition approved? You can check the date the Notice of Action letter was sent with approval. Of course, child has to be UNMARRIED to benefit from CSPA.

Only if the petition was approved on or after 5/7/1997, you had a chance at CSPA. Your sister had chance only if the petition was approved on or after 4/9/1999. Because of the time required to get interview these dates need to be pushed about two months in futures, that is around July 1997 for you and June 1999 for your sister (and of course you benefit with that). You can hope that your approval date was 2000 and later. If so, you have a chance to present your evidence to Mumbai Consulate and get your case re-evaluated. If that's the case, let me know, so I can guide you further. If you petition was approved before May 1997, both of you are out of luck.

Next set of discussion assumes that you do not qualify for visa under CSPA: Your parents can apply for both of you once they become legal PR, while retaining the original priority date of the original petition on which the child aged out. You will fall in 2B category, which currently is at 22 March 1999. Since your original priority date is in 1996, you should be able to get the visa right away. Of course, there will be a processing time delay of few months. So, stay UNMARRIED, till this duration - at the least so that your parents can file for you in 2B category. I would suggest to you that you consult a US Based immigration lawyer to seek their professional advise. One obvious choice is the writer of the following link (not related or known to me, BTW) and another one is Sheela Murhty (murthy.com). Your Uncle of Aunt in the US may need to setup a consultation with them and they can guide you if there is anything that can be done while your parents are in India. In my opinion (I am not a lawyer, just someone like you who has gone through the USCIS process) this is not a likely scenario. If you don't want to pursue that route, they must come to US first, and then immediately file for you guys - preferably seeking legal help from Immigration attorney so that they can make sure you get your priority date of Oct 3 1996 and NOT the new filing date. (You may be able to do it on your own without legal counselling if you are comfortable dealing with USCIS. If you don't get your original priority date automatically, you can then get some lawyer involved.)

Here is a link to an article that talks about this: http://www.ilw.com/articles/2006,1005-patel.shtm

An excerpt from this article:

Hope this clarifies it a little. Not all is lost, even if you do not qualify under 21 CSPA age. You should be able to come to US in less than a year. I am glad, I was of help in some real case. Good Luck and keep in touch as you progress through this maze.

Regards,

Sanjiv Patel

The medical check up can NOT be done without Appointment Letter in hand (as Jigi pointed out in 2nd response). So, you will have to wait for that. My sister went through medical in Ahmedabad this week - and it was very easy. Normally, one can get appointment on short notice (e.g., 3 days in their case). So, don't worry about that. You will have plenty of time. I can understand you, as I was also anxious if we can get medical done quickly, but had to wait.

Regards,

Sanjiv Patel