Bleauwolf

To Darnell,
This is one of the 'up-dates' I wanted to discuss in my PM to you. Since this specific topic came up here. I will talk about it here. However, I think the word needs to get out so I think it may be more appropriate in another thread. Or, if I may say very humbly, perhaps you may consider to add it (at least in a foot-note) in your NVC guide. I think in your case you were as studious and ####### as I have been in our case I know you will understand me completely when I say we have called NVC enough times that you have a sense from the conversation whether you're talking with an operator or supervisor who truly competent, knows their job and the ins and outs of the process or whether you're talking with someone who really doesn't give a damn and is just going through the motions and quickly giving generic answers. Additionally you can sometimes tell the agent's proficiency by how matter-of-fact and detailed the forthcoming answer is. or whether you hear them clicking away on their computer trying to find an answer. (You know what I'm talking about Darnell!!!!). Anyway, I would like to contribute to the awesome work you have done here and would like to provide an update regarding this topic.
To Everyone:
Since I'm in a legitimate process for my wife, I have used the opportunity to call NVC multiple times... not only for our case... but also to do random questioning to collect information to provide here. The specific question of 'front loading' at USCIS and whether ALL of it gets sent to NVC, was a specific topic I really concentrated on a lot. Regarding this, I made multiple calls on it and took a detailed survey of answers. I will add that most of my questions about this was directly to supervisors and I was also fortunate to get a few who really knew their stuff even specifically about China and the recent infancy of the electronic process.
Here are the results of my investigation:
NVC DOES NOT always or necessarily get everything that you may have front loaded at USCIS. Many times, they get as little as only the I-130 / G325A (x2) / Proof of US Citizenship docs / Proof of Marriageability.
The majority consensus of NVC supervisors is that they often don't get all the proof of bona fide marriage stuff that was submitted to USCIS. This seems to be a random thing and I believe easily comes down to one simple thing... it depends on the person who happens to prepare the file to be sent to NVC. Some include all / many don't include more than the bare minimum required to send to NVC.
HOWEVER!!!!!!!!! The good news is (and I did confirm multiple times):
You CAN 'front load' again to NVC -AND- NVC DOES accept and forward to the consulate ALL things sent to them by the petitioner and beneficiary. As you know, NVC is ####### in every document (and on the DOS site)... NOT to send anything before being asked to do so. (They 'say' this all over the place). SO, equally, I did a random survey with various supervisors to get input on WHEN in the NVC process would be the appropriate time to send additional supporting documents and proofs of bona fide marriage / relationship. The overwhelming consensus to that question was as follows:

1)
When sending the beneficiary's / applicant's DS-230 is the best and most appropriate time to send in (or email... if your in the electronic process) any additional documents. This is the best timing to use to ensure ALL things will be forwarded to the consulate when the case is closed.
BUT, if you missed that chance it's not too late:

2)
NVC will continue to accept material / emails even after the case has been forwarded to the Consulate and they will forward it. However, I would strongly suggest this only be done by people in the electronic processing simply because of timing issues (i.e. if you thought of something you want to send or add, it can be done instantly with email. -versus- Sending it by post... who knows when it will reach the Consulate).
For those processing through the GUZ / GZO (Guangzhou) Consulate:

3)
Another option (if your case has already been sent to the Consulate) is to send your things directly to the consulate. The correct email address to send your things for the best possible chance for it to reach the VO is:
NVCguangzhou@state.gov
BE AWARE of two important things:
1) Sending the additional front loading material with the DS-230 means there is that much more to review by NVC = may or probably will take longer to complete the review = may take longer for you to get the next communication. In my opinion, even if it takes a little longer for the review to be completed, it's still totally worth it. As is described in many posts, it all comes down to the VO that you have. So, rather than running into one that won't accept looking at anything (supporting evidence), I think it's much wiser to take every opportunity to get things into the consulate's hands BEFORE the interview.
2) If you forgot to send something after the case has been forwarded to the consulate by NVC -or- you remembered something pertinent that you want to add. Try to send it as soon as possible soon after NVC has closed the case and forwarded it. BECAUSE, although NVC will still forward things to the consulate. They CAN'T guarantee it will reach the VO prior to the interview date. So, if you forgot something... send it immediately!!
Hope this information will enlighten and benefit everyone and help shed some more specific light on this topic. I think it's an extremely important one.
Best of Luck and Blessings,
~Bleauwolf

Nilush,
I know you are anxious to get some help and information. I can completely understand. I apologize that my note is not directly related to your questions. However, I want to give you some helpful advise because I'm sure you will have more posts with more questions.
I understood what you wrote in your post, however, in the future, please don't write your post like your sending a cell phone text message to your personal friend. Please don't use a lot of slang or acronyms (letters to express words). It makes your post more unclear, distracting and time consuming. VisaJourney is a place to get some serious help, support and advice. There is a great resource of knowledge here from a large group of people who have devoted and volunteered a lot of time and effort to research, write guides and express answers to others clearly... so that all may benefit. Not everyone here is fluent in English... but they try very hard and do the best that they can. When a person adds a lot of slang and acronyms to their posts, it creates more confusion and leads to more questions than necessary and makes things slower.
Just take your time writing a post and write as clear and best as you can. (Remember, more information is better than less). Take time to consider your thoughts and the information you want to say, and the questions you want to ask. Remember, people trying to help don't know all the details of your situation. So, any time you want to post questions, take time to explain a clear picture so that you can get help more quickly. Finally, BEFORE you submit a post, take time to read your post once and make any changes or corrections before you post it.
Thank you for taking a moment of your time to review this information, it will help you in the future.
It seems your case has become complicated. I am certain you will receive some good advice here very soon.
I wish you and your family the very best,
~Bleauwolf

Hello All
I am in process of filling out an I-864 form for my mother-in-law (Beneficiary)
Here is my situration:
My wife filed a petition for her mother (my mother-in law). My wife currently does not work and do not have any income. I will be the sole/primary sponspor
My wife is filling our for I-864 and I will fill out form I-864a as soon as we 're done with wife's form
I have a quesiton regarding my wife's i-864 form
Q#8 on the form states :
(checkbox) I am sponsoring the principal immigrant named in Part 2 above.
(checkbox) Yes or (checkbox) NO (Applicable only in cases with two joint sponsors)
Does she need to say YES or NO.. Again, she is not the sponspor and does not have any income at all. I am so lost. Please help

ALSO does she need to answer question#25 regarding federal tax return. I (husband) filed tax return jointly but she did not have any income

Loueikun,
1) What they are asking for is a notarial certification of your marriage. So, yes, your wife needs to go to the government notarial office (with her red book and ID) and the notary will make the notarial certificate. The certificate will also have an English translation of both the content (confirmation of your marriage) and a certification from the notary. You don't need to tell them how to word it. The Chinese notarial certificates from the government office suffice in the format they are done. You probably had difficulty before (at the notary office), because you may have insisted how the notary should write it. Yes, the notary office is very particular about what they do. Additionally, they have done this many times before. So, you don't need to coach them. Your wife can simply explain it's needed for the US Immigration office. Period! They have done it before for other people.
The 'White Book' is not like your passport sized marriage certificate (Red Book). It's essentially a letter sized, thin, white cardboard folder with all the documentation bound inside of it. People call it a 'white book' because it seems more like a book style rather than just a sheet of paper or two that you're used to in the US.
2) Darnell is exactly right in the advice he's giving you. In fact, we had several things certified in the Chinese notarial office. Including our marriage, verification of my wife's birthdate (using the family register book), and translated statements given by some of her family in support of our bona fide relationship/marriage . I was not in China for any of the notarizations. But, my wife made color scans of all the certificates and sent them to me by email. That is what I printed and submitted with the I-130 and later again in the NVC process. We held on to the originals to be safe, but had all of them ready to present to the Visa Officer at the consulate for the interview stage.
Don't get too flustered or worried. It's not as complicated as you think. BUT, it will cost a bit and it needs to be done through the notarial office to qualify for USCIS. IT MUST have the notary seal/embossment.
Best Wishes,
~Bleauwolf

I FORGOT TO ADD...
WARNING:
1) Just be aware the CR-1 visa holder CAN BE DEPORTED if the visa expires. My point is not to scare you, but to remind you... stay aware of the timeline and be sure to apply for the AOS (Adjustment of Status) on time. (AT least 90 days before expiration). Often, an official letter is sent to you when that time comes However, DON'T RELY ON THAT. Because letters can be forgotten to be sent, lost in the mail, and so on. Any of those excuses will NOT change the fact of an expired visa.
2) BE SURE TO SUBMIT A CHANGE OF ADDRESS IF YOUR GOING TO A NEW HOME DURING THE TWO YEAR PERIOD OF THE CR-1 VISA. This simple oversight can cause more damage than it's worth. Meaning: You don't want to miss any information coming to you from the government. AND IT'S REQUIRED.

Regarding Address Change: If the joint sponsor or any sponsor changes address.... it must be reported WITHIN 30 days of the change of address.
Regarding ANY Sponsor's term (length of time) of sponsorship obligations: The sponsor's requirements remain in effect until ANY ONE (not all) of the following happens:
1) The Immigrant (Beneficiary / Applicant) becomes a US Citizen.
2) The Immigrant works in the US for 40 quarters (approximately 10 years).
3) The Immigrant decides to permanently leave the US -OR- abandons (gives up) their resident status -OR- is an a process that will be judges that the immigrant DID abandon their resident status. (Simply said: they decide not to stay in the US anymore and leave for good).
4) If the Immigrant is in a removal proceeding (held by the US government) that determines their resident status is cancelled.
5) The Immigrant dies.
Any ONE of the items (1 through 5) listed can be the cause / reason to lift or remove the obligation by ANY of the sponsor's who have submitted the I-864.
WARNING: A divorce between the petitioner and foreign immigrant DOES NOT CANCEL the obligation of Support by the Sponsor (Petitioner) OR the Joint Sponsor(s). I urge you to review the I-864 carefully.
__________________________________________________________________________
Regarding the person choosing NOT to become a US citizen:
There is no requirement that the Immigrant eventually become a US citizen. That's the Immigrant's choice. Certainly they can remain in the US as a permanent resident.
If they DO NOT choose to become a US citizen, and they are currently filed for CR-1 / IR-1 visa, the following is what they can expect:
There are two immigrant spouse visa's in this category (CR-1 and IR-1) .The difference between them is: How long the Petitioner (US Citizen) and the Applicant / Beneficiary (Foreign Immigrant spouse) are married.

CR-1 Visa
(Known as a conditional visa) applies if the couple whom are married LESS THAN 2 years, at the time the foreign spouse has their embassy / consulate interview (at the end of the NVC process). Meaning: if you are married LESS THAN 2 years at the time of the interview. Your visa qualifies as a CR-1 (conditional visa).
What does this mean?.... It means the foreign spouse only has a conditional visa which is valid for 2 years.
What happens after that time?... After your spouse receives the visa: In 21 months (1 year and 9 months) later, you and your spouse must apply for an 'Adjustment of Status' (AOS) BEFORE THE CR-1 EXPIRES. (NOTE: AOS in discussion of this topic means'Adjustment of Status' / NOT 'Affidavit of Support' as used in I-864 topic discussions)
Essentially and simply put, the 'Adjustment of Status' means you want to change the status of your spouse from 'Conditional Resident' (CR-1) to 'Permanent Resident' (IR-1). Again and simply put; It means at 21 months you will basically be going through a process again. Example: submit an application for 'Adjustment of Status' = more forms, more fees and more proof of marriage (during the two years living here - meaning, there was no divorce / separation and so on). The good news is... you will be together in the US and not have to suffer being separated as in the process you're going through now.
After the 'Adjustment of Status' has been approved the foreign spouse will then become a 'US Permanent Resident' (if they wish, they can become a US Citizen in the future). The use of the word "permanent" resident is a little deceiving. Although the status will be changed to 'Permanent Resident', a Permanent Resident must still renew their Permanent Residency status every 10 years. However, compared to what your going through now... that renewal is basically just a matter of procedure.

IR-1 Visa
(Known as immediate relative visa) applies to couples who are married 2 years or more (either at the time they submit a petition for a visa. -OR- at minimum... married at least two years at the time of the Embassy / Consulate Interview.
What does this mean?... It means that the foreign spouse is filing directly for their 'Permanent Resident' visa. BECAUSE: the couple has been married 2 years or more at time of interview. It means, you completely by-pass the 'Conditional Resident / Relative' (CR-1) status and you wont have to worry about any renewal of the status for 10 years (as I mentioned earlier).
Hope this helps and Best of Luck,
~Bleauwolf

To Darnell,
This is one of the 'up-dates' I wanted to discuss in my PM to you. Since this specific topic came up here. I will talk about it here. However, I think the word needs to get out so I think it may be more appropriate in another thread. Or, if I may say very humbly, perhaps you may consider to add it (at least in a foot-note) in your NVC guide. I think in your case you were as studious and ####### as I have been in our case I know you will understand me completely when I say we have called NVC enough times that you have a sense from the conversation whether you're talking with an operator or supervisor who truly competent, knows their job and the ins and outs of the process or whether you're talking with someone who really doesn't give a damn and is just going through the motions and quickly giving generic answers. Additionally you can sometimes tell the agent's proficiency by how matter-of-fact and detailed the forthcoming answer is. or whether you hear them clicking away on their computer trying to find an answer. (You know what I'm talking about Darnell!!!!). Anyway, I would like to contribute to the awesome work you have done here and would like to provide an update regarding this topic.
To Everyone:
Since I'm in a legitimate process for my wife, I have used the opportunity to call NVC multiple times... not only for our case... but also to do random questioning to collect information to provide here. The specific question of 'front loading' at USCIS and whether ALL of it gets sent to NVC, was a specific topic I really concentrated on a lot. Regarding this, I made multiple calls on it and took a detailed survey of answers. I will add that most of my questions about this was directly to supervisors and I was also fortunate to get a few who really knew their stuff even specifically about China and the recent infancy of the electronic process.
Here are the results of my investigation:
NVC DOES NOT always or necessarily get everything that you may have front loaded at USCIS. Many times, they get as little as only the I-130 / G325A (x2) / Proof of US Citizenship docs / Proof of Marriageability.
The majority consensus of NVC supervisors is that they often don't get all the proof of bona fide marriage stuff that was submitted to USCIS. This seems to be a random thing and I believe easily comes down to one simple thing... it depends on the person who happens to prepare the file to be sent to NVC. Some include all / many don't include more than the bare minimum required to send to NVC.
HOWEVER!!!!!!!!! The good news is (and I did confirm multiple times):
You CAN 'front load' again to NVC -AND- NVC DOES accept and forward to the consulate ALL things sent to them by the petitioner and beneficiary. As you know, NVC is ####### in every document (and on the DOS site)... NOT to send anything before being asked to do so. (They 'say' this all over the place). SO, equally, I did a random survey with various supervisors to get input on WHEN in the NVC process would be the appropriate time to send additional supporting documents and proofs of bona fide marriage / relationship. The overwhelming consensus to that question was as follows:

1)
When sending the beneficiary's / applicant's DS-230 is the best and most appropriate time to send in (or email... if your in the electronic process) any additional documents. This is the best timing to use to ensure ALL things will be forwarded to the consulate when the case is closed.
BUT, if you missed that chance it's not too late:

2)
NVC will continue to accept material / emails even after the case has been forwarded to the Consulate and they will forward it. However, I would strongly suggest this only be done by people in the electronic processing simply because of timing issues (i.e. if you thought of something you want to send or add, it can be done instantly with email. -versus- Sending it by post... who knows when it will reach the Consulate).
For those processing through the GUZ / GZO (Guangzhou) Consulate:

3)
Another option (if your case has already been sent to the Consulate) is to send your things directly to the consulate. The correct email address to send your things for the best possible chance for it to reach the VO is:
NVCguangzhou@state.gov
BE AWARE of two important things:
1) Sending the additional front loading material with the DS-230 means there is that much more to review by NVC = may or probably will take longer to complete the review = may take longer for you to get the next communication. In my opinion, even if it takes a little longer for the review to be completed, it's still totally worth it. As is described in many posts, it all comes down to the VO that you have. So, rather than running into one that won't accept looking at anything (supporting evidence), I think it's much wiser to take every opportunity to get things into the consulate's hands BEFORE the interview.
2) If you forgot to send something after the case has been forwarded to the consulate by NVC -or- you remembered something pertinent that you want to add. Try to send it as soon as possible soon after NVC has closed the case and forwarded it. BECAUSE, although NVC will still forward things to the consulate. They CAN'T guarantee it will reach the VO prior to the interview date. So, if you forgot something... send it immediately!!
Hope this information will enlighten and benefit everyone and help shed some more specific light on this topic. I think it's an extremely important one.
Best of Luck and Blessings,
~Bleauwolf

Hi again TomD,
Your welcome, anytime.
I had thought of something after replying to your post... then I found it. I'm going to include here a quote from NVC. (I received this when they sent me notice of the AOS fee to be paid). In fact I'm cutting and pasting it directly from the document from NVC. The following was sent to me by NVC notifying me that my wife was being sent the DS-3032 form by email. They also sent me a copy of the blank DS-3032 form as well as an information sheet. The following is part of the statement made on the info sheet from NVC: (I have bold typed the specific things pertaining to your situation. Note: the underlined word "encourage" near the end is NVC's underline; NOT mine).
"The DS-3032 permits the applicant to name an agent to receive correspondence from NVC and requires applicants still interested in immigrating to tell NVC where to send mail about their visa request. The letter tells the applicant that they may choose someone, including the petitioner or a non-profit organization, to be their agent or they may elect to continue receiving the correspondence themselves. The applicant must complete and sign the DS-3032 and return it to NVC before processing can continue. Given the difficulties often encountered with international mail, we encourage applicants to seek an agent with a US postal address."
I think the information your already know. But, I consider you're trying to communicate (or convince) your wife about the "choice of agent" I thought this portion from the NVC information guide would be helpful to you as it is NVC's words.
Hope all goes well with talking to her.
Best of Luck!
~Bleauwolf

Mace1,
You are right. The employment letter (normally) is not 'required'. However, why not just make it simple for yourself?
1) You called NVC. They told you, you should send one. The answer is simple....SEND ONE!! While sometimes the NVC operators do make mistakes. Why take the chance and gamble with it?
The VJ member who said you didn't need it is right. You normally don't need it. BUT, you called NVC and they said send it. In the end, it is not VJ members approving your mother's visa... it's the US State Department (NVC and the US embassies are all parts of the US State Department).
2) A good thing to remember is:... always think ahead -AND- it's always better to submit a little extra rather than a little less.
For example: The instructions told you. It's not necessary to send employment letter unless the consulate tells you to. From this information we know: There is a small chance the consul MAY ask for it. (In most cases not, But we know there's a chance. SO, why not send it anyway (this is my meaning... better to submit a little extra). If it is the consulate who may ask for a letter of employment, this means that the issue would come at the end of the process at interview time. So, why wait for that chance just to have more delay and your mom have to wait while you get the letter and send it? Just send it now.
I will give my case as another example:
In my case, I had a temporary, but big, reduction in work hours in 2009 because of the economic crisis. Therefore, my salary was not enough for the I-864 requirements. So, I have a co-sponsor who makes 3 times more than the minimum requirement. So, no problems.
In my situation, I was not required to send an employment letter. BUT, I sent an employer letter anyway. The reason: I wanted supporting evidence to go with my I-864. Although I have the co-sponsor, I took the extra step anyway. I wanted the visa officer to understand my situation is temporary and that my tax return does not reflect my normal salary or my ability to make income to support my beneficiary.
I know this is not your situation. Perhaps there is no issue with your salary. I only use it as an example to tell you. Some extra things you do now. Can save you some unexpected problem and grief later.
Sorry for the long reply. I hope you can understand my meaning and hope it can be helpful.
Best of luck and hope your mom can be with you soon.
~Bleauwolf

I have a different spin on this, TomD -
without having the 'agent of choice' form at NVC -
the US petitioner can still follow MOST of the steps with NVC
http://www.visajourney.com/forums/topic/221785-ds-3032-slowdown/page__view__findpost__p__3560467
the USC is to send in the I-864, regardless of Agent Choice, and the online payment portal fees can be paid by USC without the Agent of Choice document. IMO, without the Agent of Choice in place, the foreign spouse sends in the DS-230 to NVC, and that's IT.
There's some gray area, for me, though, about finding out about case status, when talking to an NVC Operator - but if you are following status on the payment portal, is mostly moot (except if any RFEs).
I will suggest to you, if she is being obstinate about this, then she is being coached by someone in the PI, or via some online portal that she subscribes to.
Good Luck! However it turns out !

Thanks Darnell, That was my read initially also. I even ask her if she was being coached. I just got a email back from her and she was totally frustrated. I think she is just melting down trying to do too much at work and not taking this VISA thing seriously. I am hoping I have calmed, take a leave of absence for a year from her job and focus on Visa situation but time will tell. If she cant see the light soon then I will withdraw my application.

You didn't say much. I was just curious, if your wife doesn't have an attorney or visa agency working for her, is there any reason why she doesn't want to assign you as her choice of agent??
Anyway here's some feedback on your question.
Agent of Choice means exactly as it sounds.... Agent of CHOICE. There are basically 3 options.
1) Your wife can choose no agent. (which means: she chooses to continue her steps in the NVC process (i.e. DS-230, etc) by doing things herself).
2) Your wife can choose you (or anyone else such as a friend or family member, etc) as the "agent". (Which means all future NVC correspondence will be sent directly to you (or
friend, relative). Instead of your wife).
3) She can choose a professional "agent" to represent her: (such as an attorney or a professional company that provides visa services).
It will not complicate or delay the process as far as NVC (State Department) are concerned, Meaning: one choice or the other will not affect NVC. They just want to know how your wife wants to proceed, The DS-3032 tells NVC what choice has been made and where they should send the next instruction and papers related to your wife. Simply: they just want to know.... is she going to handle things herself or should they send it to an "agent" your wife has chosen. (that "agent" can also be you).
As I said, the choice made regarding the DS-3032 does not affect NVC one way or the other, However, you can have delays or complications merely by the choice made and circumstances.
Some things may include: longer waiting time because of foreign mail coming to the US / being sent to another country. Efficiency of the local postal system, government holiday schedules, and so on.
For example: Everything happening with NVC is here in the US until they receive everything they need, check the case, and send it on to the US embassy in the foreign country. So, if your wife wants to do things herself or use an agency or attorney there, there will naturally be a longer waiting time because the mail and correspondence has to go back and forth to the Philippines. Whereas, if you were her "choice of agent" it could save some time because you are here in the US and can send things faster from within the country. (Although there are some forms she must sign, you can still complete those on computer as a PDF file. Save it and email it to her to sign. Then she can print / sign / send by postal mail).
As far as your question about complications: Anytime a third party is involved it could naturally become more complicated partly because of what I just explained and also because if the third party makes a mistake that generates a RFE (request for evidence) by NVC. It will further delay the case. This doesn't mean that you shouldn't use a service or an attorney. It just means, if you (she) choose that road. Be careful. There are many good and legitimate services and attorneys out there. And then there are those who are about numbers and processing people = $$. So there can be a greater chance of mistake, etc.
Hopes this helps a little.
Best of Luck,
~Bleauwolf