Sanjiv Patel

Hitman,

If you and parents live in the same household then they can file I-864A. Otherwise, one of them will use I-864 and the other parent will use I-864A. If one parent has sufficient income to sponsor, I wouldn't bother having another parent file I-864A, though. With sufficient income, there is no need to show bank balance, which in most families will be held in joint accounts, thus necessitating use of joint sponsor with the other spouse.

I hope this helps.

Regards,

Sanjiv Patel

Another twist in the story that highlights the disconnect between NVC / Consulate and VFS. My sister went to pay for VFS fees in Ahmedabad, Gujarat VFS office on March 25, 2008 and the guys wouldn't accept the Appointment Letter from NVC as authentic!!!!! They only recognize the letters issued by consulate as authenticate. My sister and her son talked to them with no avail and eventually had to return to their home town without doing anything. They have sent a letter to Mumbai Consulate requesting them to send an Appointment Letter from consulate or else educate their VFS counterparts so that they don't create unnecessary hassles to applicants.

The VFS staff was asking for original documents. So, they don't even know about the change in process. My nephew was able to convince them to accept photocopy of the originals, as we don't have originals (they were submitted to NVC and are now with consulate). I don't even see a need to submit copies, when originals are with consulate. Of course, since their interview is on Apr 15, they still have another week to sort this issue out with VFS and make payment.

Anyone with this sort of experience? Any suggestions how to deal with these ignorant VFS staff? Anyone who has a response from Consulate in this regards, if they raised this issue to Consulate?

Thanks for your feedback.

Regards,

Sanjiv Patel

mgk,

One more thing besides NVC Visa Call Letter and Medical Check-up: Pay VFS courier fees (currently, Rs. 365 per applicant). Some of the VFS staff are still unaware of new procedure and may demand your original civil documents. If so, try to talk to someone like office manager, and explain them the situation. You can show last page(s) of Visa Call Letter that shows NVC's log of what original documents has been received by NVC and what if anything remains. You may ask, why courier fee, when VFS is not collecting any documents from us? It is still required to return the visa stampled passport to you. I believe the VFS fee should be reduced in half or better, yet, consulate should waive that step all-to-gether, as there is no purpose in making a special trip for paying fees for which you can pay on day of interview if you are not collecting the passport in person. See my thread on this topic at:

http://www.visajourney.com/forums/index.ph...p;#entry1660414

Hope this helps.

Sanjiv Patel

Dunhill,

I agree with you. Certified copies are copies certified by issuing agency, and not by a notary.

BTW, Jigi went through the process before the transition of all Indian consulate from "Standard" to "Appointment Post" in December 2007 / January 2008. May be notarized documents worked when VFS collected all documents, but now NVC collects them and it clearly states: ". . . original documents or certified copies of the documents. . ." (Reference: http://travel.state.gov/visa/immigrants/info/info_3195.html)

I would not advise anyone to risk getting an RFE by sending notarized copies to NVC.

Regards,

Sanjiv Patel

ze22,

Thanks for sharing your experience. It's amazing to see lack of coordination in the times of electronic communication. How difficult it is for consulate to circulate an e-memo to VFS heads, who then pass it on to their employees? Even the consulate help staff didn't know about this change. Talk about lack of coordination.

Good Luck,

Sanjiv Patel

I agree with RSA. However, my beneficiary (Family 1st category) was asked to submit the originals to VFS (by both VFS and consulate helpline personnel) - even though they were submitted to NVC! Most reasonable people would see no reason for this duplicate submissions to both NVC and VFS. See link to my question on this topic here: http://www.visajourney.com/forums/index.php?showtopic=115809. Since this discission if off-topic, please visit the above link and post your comments there.

Another thing that complicates this further is that some other (e.g. K1) categories still submit their original documents to VFS and not to NVC.

I am hoping that these people who said so are ignorant of the recent change for immigration cases. But, how could it be? They should already see applicants in March (and lot more in April) in this situation who have submitted all docs to NVC. Isn't there a training of these phoneline employees?

I hope we don't have to produce these original again, as we weren't give more than one police clearance certificates (from 2 cities) despite requesting 2 copies.

Regards,

Sanjiv Patel

My request for expedite was not addressed for 2 weeks. Are you sure your expedite request has already been acted upon? Usually, NVC takes 2 weeks to properly register receipt of new documents. If it is a fact that your case has been forwarded to consulate and the remaining docs are sent to NVC later, it might be a good idea to send another set to the beneficiary or to consulate.

Good Luck.

Sanjiv Patel

With the change in procedure in December 2007 for most Indian consulates (and probably for most visa categories) NVC now collects all original birth, marriage, police / RPO clearance, photos, etc. However, it seems that not all helpline employees of Mumbai consulate and VFS employees in Ahmedabad are aware of this change. Both consulate and VFS helpline personnel are asking the applicants to submit these documents again and pay VFS fee!

Has anyone experienced this? Has anyone experienced otherwise (meaning these people knowing the change)?

Also, why is there a need for VFS fee when we are not sending any documents to consulate using their service? Is it because consulate is goign to send passports back by VFS courier? Shouldn't the fee be reduced if VFS is doing half the work? Is there anyone who paid the VFS fee in full (Rs 365 per applicant) at VFS but did not have to provide all docs to them?

Also, does anyone know why an adult child (qualifying under CSPA) get a phone response from this ignorant support staff that his name is not listed for interview, when NVC appointment letter for interview lists the adult child and his mother? Does anyone know if providing derivative beneficiary's name produce similar response, as the system they might track only primary beneficiary?

Please share your experience or suggestions. This is mostly applicable to applicants interviewing March 2008 and later who have submitted all docs to NVC. Thanks in advance.

Regards,

Sanjiv Patel

jimandjosil,

Read my post at: http://www.visajourney.com/forums/index.ph...t&p=1619777, and continue onto second page. You will see discussion on my experience of vagueness in the interview date assignment process. They say it's done by second week of each month for following month. But, in my case, it was completed in 3rd week for interview 2 months down the road. Of course, it depends on consulate / embassy, if they already have a heavy backlog.

Regards,

Sanjiv

Check the pinned post on CSPA at the top of the thread: http://www.visajourney.com/forums/index.php?showtopic=110679

It has a calculator that will help you understand eligibility for CSPA. If application has not been approved, wait until it is approved to use the calculator, as otherwise, there are just too many unknowns. However, once you have an approval date, if priority date hasn't become current, you can enter different dates for priority date becoming current to understand when she will be 21. If you don't think the visa category is likely to move along at that pace for her to age out, start thinking of other routes she can come to US (e.g., marriage, student, work, etc.)

Hope this helps.

Regards,

Sanjiv Patel

Carolyn & ELW,

Thanks for your responses. I read the link Carolyn had provided (http://statutory.blogspot.com/2007/11/passport-and-emigration-check.html). Here is my summary of understanding:

1) Persons holding permanent immigration visas to USA are not required to go through Emigration Check (EC) (item "i" in the link)

2) Since finance visa is non-immigrant visa, EC may be required, but ONLY when there is “Emigration Check Required” endorsement in the passport. Even then, it's not clear if an EC is required for going to US, as it is not among the 18 countries (mostly middle-east countries) listed for ECR. Going by ELW's experience, it is not required for going to US on non-immigrant visa.

3) Even if it is required, many people will be able to get the waiver (ECNR stamp in passport) based on their education.

Regards,

Sanjiv Patel

From my experience over 15 years back there was a requirement to produce IncomeTax clearance certificate before boarding international flight, if one was immigrating (I don't know if it applied to non-immigrants, also). My sister and nephew will immigrate to US in May (interview in Apr) 2008. I was wondering, if they should bother getting IT clearance, and if so, how does this process work.

Also, does one need to show police clearance before boarding?

What if anything else required for emigration check.

Thanks in advance.

Regards,

Sanjiv Patel

Relax. What it means that NVC system still hasn't been updated to reflect receipt of DS-230 and I-864 forms. It sometimes takes up to 2 weeks. Also, these messages are updated on Tuesday, so check on Wednesday.

BTW, did you send photos with DS-230? If not, you may need to.

Regards,

Saniv Patel

ze22,

My case is at Mumbai consulate for Apr 15. NVC sent out appointment packet (printed on Feb 21st) and case file to consulate on Feb 26th. The petitioner in the US already received interview notice on Feb 29th. However, the applicant in India hasn't received it yet. Once they receive it, they will be able to schedule medical exams and vaccinations. The medical instructions are on Dept. of State website - link will be in the letter you will receive.

Hope this helps.

Regards,

Sanjiv Patel

Calamitka,

Here is my experience:

Case complete: Feb 12, 2008

I called NVC on Feb 20 to find out if a interview date was set, and I was told that since the case was completed while they were setting interview dates for March, it will not be included in this month's scheduling.

Later, on Feb 26, the case was forwarded to consulate. I e-mailed consulate to ask for appointment date, and I was told NVC mailed out appointment letter on Feb 21st (date on letter is 21st, but actual post date was Feb 26). Consulate quickly responded with date of interview: Apr 15, 2008.

What this shows is that NVC does not necessarily schedule appointments for one month at a time, but more. In this case, even though I was told that my application was not being considered for scheduling during the second week of Feb, it was in fact considered and a date was assigned on 21st Feb (which is towards the end of 3rd week)! In Feb NVC was scheduling both March and Apr 2008 interview dates. This is a good news that it is not necessarily tied to second week only and that if you don't make cut for next month, they still schedule you for the following month.

Hope this helps.

Regards,

Sanjiv Patel

Jigi,

It's true that interviews are scheduled the second week every month for the following month. However, my point was, our appointment for Apr 15 was not scheduled on March 15, but around end of Feb 2nd week. It is not entirely true that NVC schedules it only for NEXT month, as in my case, they scheduled for Apr 15 some time between Feb 12 (when case was complete) and Feb 21 (when they say they mailed the Appointment Letter). It may also mean that scheduling may not be done on a hard and fast date each month, and that NVC is filling more than one months' calendar simultaneously, in the allotted time of 1 week. In case of scheduling done during the month of Feb 2008, NVC was scheduling not only for March, but also for Apr 2008.

Hope this is useful information for some people.

Regards,

Sanjiv

Thanks Jigi,

You were right: I just confirmed with Mumbai Consulate that their interview is scheduled for Apr 15.

Timeline:

Case complete: Feb 12 2008

Interview date letter sent: Feb 21, 2008 (not received, yet)

Case sent to Mumbai consulate: Feb 26, 2008

Interview scheduled for: Apr 15, 2008

A few things are clear:

• NVC does not necessarily schedule 1 month down the line. In this case, they scheduled it 2 months down the road.
• April appointments are already out. So, someone else with similar timeline may want to check with NVC / consulate to see when are they schedule to find the date proactively. Had I not e-mailed Mumbai consulate, I wouldn't have found out the date quickly enough.

I think this information is worthwhile pinning in the appropriate Forum.

Check following USCIS link for what is acceptable and what is not and when they generate RFEs for AoS / I-864 / I-864A. This will avoid all anxiety and answer much needed insight into how NVC views AoS, such as should I send copy of e-file, do I need to worry about latest tax return from current tax year if I am signing AoS near the tax filing date, what NVC / USCIS prefers (photocopy vs IRS transcript), etc:

http://www.uscis.gov/propub/ProPubVAP.jsp?...f85680eca9562d3

Here is a section from that link that is relevant:

IRS permits and encourages electronic filing of Forms 1040, 1040A and 1040EZ. An electronically filed tax return may also be signed electronically. When a person signs and files the tax return electronically, a “hard copy” of the original tax return will not exist. In this situation, it is acceptable for the person to submit a plain copy printout, showing the tax return as it would have looked, had it been filed on paper, together with the IRS-issued “declaration control number.” By signing the Form I-864 or I-864A “under penalty of perjury,” the person certifies that the copy is a copy of what was submitted to IRS. As with paper-filed returns, it is also acceptable for the person to submit an IRS transcript of the electronically filed return.

Also, IRS tax transcripts are FREE, and takes up lot less space in your file, and hence USCIS prefers this. However, you can send photocopy of 1040 with W-2 and 1099.

Another section from the same link:

A sponsor may submit an IRS-issued transcript instead of a photocopy of the sponsor’s tax return. A sponsor may obtain a transcript by filing IRS Form 4506-T with the IRS. Currently, the IRS does not charge a fee for transcripts. Tax transcripts provide proof that the returns were filed with IRS, are easier to read, take up less room in the file, and are easily obtained. If a sponsor submits a transcript rather than a photocopy of the tax return, it is not necessary for the sponsor to include copies of any Forms W-2 or 1099.

Although, I filed I-864 with printed copies of e-filed returns, if I had to do it again, I would order transcripts and wait for it before sending the I-864 / I-864A.

Here is link to IRS website for ordering transcript: http://www.irs.gov/individuals/article/0,,id=110571,00.html Out of many options, you need to order "A tax return transcript" and not "tax account transcript". If you have plenty of time (30 days) before you need to file I-864, go for both, in which case, you would select option "Record of Account"

Call 1-800-829-1040, select 2, select 2, enter your SSN, select 1, select 3, verify with street number, select option 2 for "tax return transcript". (Select other option if ordering both account or combined transcript, which takes 30 days, as opposed to 10 for return transcript.

I hope this helps.

Regards,

Sanjiv Patel

e-filed tax returns are OK. Check following USCIS link:

http://www.uscis.gov/propub/ProPubVAP.jsp?...f85680eca9562d3

Here is a section from that link that is relevant:

IRS permits and encourages electronic filing of Forms 1040, 1040A and 1040EZ. An electronically filed tax return may also be signed electronically. When a person signs and files the tax return electronically, a “hard copy” of the original tax return will not exist. In this situation, it is acceptable for the person to submit a plain copy printout, showing the tax return as it would have looked, had it been filed on paper, together with the IRS-issued “declaration control number.” By signing the Form I-864 or I-864A “under penalty of perjury,” the person certifies that the copy is a copy of what was submitted to IRS. As with paper-filed returns, it is also acceptable for the person to submit an IRS transcript of the electronically filed return.

Also, for others who wonder, IRS tax transcripts are FREE, and takes up lot less space in your file, and hence USCIS prefers this. However, you can send photocopy of 1040 with W-2 and 1099.

Another section from the same link:

A sponsor may submit an IRS-issued transcript instead of a photocopy of the sponsor’s tax return. A sponsor may obtain a transcript by filing IRS Form 4506-T with the IRS. Currently, the IRS does not charge a fee for transcripts. Tax transcripts provide proof that the returns were filed with IRS, are easier to read, take up less room in the file, and are easily obtained. If a sponsor submits a transcript rather than a photocopy of the tax return, it is not necessary for the sponsor to include copies of any Forms W-2 or 1099.

Although, I filed it with printed copies of e-filed returns, if I had to do it again, I would order transcripts and wait for it before sending the I-864 / I-864A.

Here is link to IRS website for ordering transcript: http://www.irs.gov/individuals/article/0,,id=110571,00.html Out of many options, you need to order "A tax return transcript" and not "tax account transcript". If you have plenty of time (30 days) before you need to file I-864, go for both, in which case, you would select option "Record of Account"

Call 1-800-829-1040, select 2, select 2, enter your SSN, select 1, select 3, verify with street number, select option 2 for "tax return transcript". (Select other option if ordering both account or combined transcript, which takes 30 days, as opposed to 10 for return transcript.

I hope this helps. I think this information is worthwhile pinning in the appropriate Forum.

Regards,

Sanjiv Patel

Kent,

Check out my posting on CSPA, Child Status Protection Act, which is pinned at the top of this Forum. May be some children will benefit. My nephew, now 25, benefited on his monther's petition filed by my US Citizen father, but his other brother, now 28, did not. The topic provides good reading material and a age calculator that can quickly tell you if the child can immigrate.

Regarding the 8-yr old, he can be added to the case. Contact NVC and provide proof of relationship of the child with the person who will now immigrate. I would suggest to do this before he goes for interview. If necessary, ask NVC or consulate if the interview should be delayed, or if they will entertain the new child. Be ready to prove the relationship beyond doubt, though. A DNA test may be requested.

Good Luck.

Sanjiv Patel

cjindia,

NOA2 does not apply.

My case is "Other" - not K1/ CR-1/IR-1. It's a case where my USC father has applied for my widowed sister and her children. I am Agent of Choice and Household sponsor. I am very excited that she and one of her two children will be able to join us soon after a wait of over 7 years, which has seen the loss of my brother-in-law. The other child had aged out before petition was filed for my sister in 2001.

Regards,

Sanjiv Patel

I agree with fwaguy. Can the moderator, please pin this in appropriate forum?

There is no official International Driving License. On the contrary, an International Driving Permit (IDP) is a translation in multiple languages of your actual driving license. IDP is obtained in the driver's home country (can't be obtained in US once you leave India). When leaving the home country, a person should obtain a translation of the home country DL in the spoken language of the country to be visited. While lack of a translation does not invalidate a home country license, having one makes it easier for law enforcement to assess the home country DL's validity. For US, IDP is a mute point, if the license has no wording in any other language, but English. You will still need your Indian state issued license to drive in the US.

The US Federal government is a signatory to a UN treaty that offers international visitors the priviledge to drive in the US, while you are on a short visit of US. However, there should be no harm in using it initially, even if you are here in US on immigration. All US states are bound by the agreement of the Federal Government. No state can deny a foreign personnel from those signatory countries from using their actual license to drive an automobile (in conjunction with IDP, if original license is not in English. When the DMV's of some US states indicate they don't honor IDL, they are correct, as there is no legal IDL that they have to honor. But, they have to honor driving license issued by signatory members of those foreign countries, in conjunction with IDP - if a translation was needed.

I would advise EVERYONE to bring your Indian state issued license, if you will need to start driving before you can get your regular US State issued license.

To obtain a US State issused license, one needs some proof for where the person lives, which can be proven if you will lease an apartment. However, if you live with friend or family, you won't have a way to prove that until you open a bank account. In short, a driving license and IDP is well worth the cost and effort. My nephew got IDP from Baroda, Gujarat for about Rs. 800 and he was using his Gujarat state license to drive in Michigan. In fact, because he was living with me, and didn't have a bank account, he couldn't get Michigan license until the University had sent him his first semseter's grade report 4 months later. Also, he got a ticket on his international driving license. He paid the money, but when he actually gets his Michigan license, there is no record of his ticket, thus it will save him some money in insurance cost.

Below my signature is some information I dug up from an old e-mail to my nephew from July 2007 that gives more background information, if you are the type that wants to read more before you are convinced.

Regards,

Sanjiv Patel

Here is some "Googled" information on International Driving Permit (not License) from trustworthy sources - mostly federal and state government dealing with driving license:

State of Michigan:

http://www.michigan.gov/documents/reciproc...art_20508_7.pdf

US Federal Government:

http://www.usa.gov/Topics/Foreign_Visitors_Driving.shtml

New York Dept of Motor Vehicles:

http://www.nydmv.state.ny.us/license.htm

California Dept of Motor Vehicles:

http://www.dmv.ca.gov/dl/dl_info.htm

Update: NVC told me that the case was complete during their consideration of interview schedule, and hence it was not included for March. However, NVC will not commit if it will be included for April. However, reading some comments, April interview is most likely scenario, with May a second possibility.

ELW: As of Jan 08, the process for many consulates around the world has changed. NVC now receives the civil documents, police clearance, photographs, etc. and NVC now sets up appointment. VFS does not come in picture, any more. The only thing that remains is Medical Exam, which can only be scheduled once a visa interview date is set.

Because of this transition, I am not sure if mumbai consulate will continue posting visa interview schedule to their website. I wish NVC does it, instead, as soon as they schedule a date. I also wish that NVC schedules an interview date on a rolling basis, instead of waiting for 2nd week of each month. This way, people who call in NVC Hotline, know much in advance if their interviews are scheduled for a given month.

ze22: Sorry to hear that you are not included for March, despite having a case completion date of Jan 18. What does NVC say about this?

mgk: Jigi was responding to my comments, not to ze22, and hence it explains reference to Mumbai, instead of Chennai, consulate.

If a post applies equally well to more than one forums, is there a way to provide ONLY a pointer from second forum which points to discussion in original (or 1st) forum, instead of allowing people to add their comments in both post independently, which is I think what happens, with "Topic Link" feature. I want all people who are interested in sharing their suggestions in the original post, even though this topic is "visible" from multiple forums.

I have two parallel posts with similar content on Child Status Protection Act (CSPA) in two forums. It has been pinned in "Bringing family member for US Citizen" forum, but not in the "Bringing family member for Legal Permanent Resident" Forum (my Forum names could be off - but you know what I want to say). The CSPA discussion applies equally to both US Citizen and LPR (no more or less for one or the other).

Any suggestion to make this happen with current capabilities or making this happen with addition of new functionality will be greatly appreciated. If any VJ'er has gone through the same dilemma in the past, please post your experience, with brief discription of the topic and how it applied to more than one thread, and how you managed to combine insights provided in those separate threads to bring the pool of knowledge together.

Regards,

Sanjiv Patel