OKflyboy

Have a very weird .... perhaps even a stupid question. When an RFE is issued, is it generated and sent by the center who is currently handling the case or the RFEs are sent from somehwere and the actual case file could be another location. Just wondering that I received an email/txt for RFE yesterday and the case is currently at CSC now how long do I have to wait before I can actually see the letter.

As long as it takes for USPS to deliver it, I suppose. I never thought about it, but it should be coming from the same location where the case is.

If sibling petitions die it would be future filings or else they would have to refund already collected fees

That's probably true. I'd still file through the mother, but I guess it depends on what's more important in this case, for the mother to come to the US as soon as possible or to stay together with the daughter.

In any case, it's hard to plan 10 years ahead. For me the real perspective of bringing the mom in the next 12-18 months would certainly win.

Five years from the "resident since" date on he GC. Well, technically 4 years and 9 months.

And petitions for siblings might die with the new immigration law, so I wouldn't do that. Or do it parallel with the mom's petition for the daughter. Whichever comes first. But there is no fast way for a GC holder to bring a child over 21.

The 2-3 year time frame is for children under 21.

Btw wat immigrant visa application NVC requires the applicant to fill out? Is it DS-230?

DS-260, the online form

http://travel.state.gov/visa/immigrants/info/info_5164.html

She will receive her GC in the mail after about 2 weeks.

Depending on the country, visa wait for F2B category is 8-10 years.

Your mom will not be able to stay overseas, or she'll lose her green card. She will be able to obtain a re-entry permit that will allow her to stay out for up to 2 years IIRC, but she will need a valid reason for such a long absence. She has to live in the US for at least 6 months out of each year to keep her residency.

I've heard that you do not have to wait for them to tell you to send the papers. As long as the bills are showing as paid, you can mail the documents off.

Here's the website

https://ceac.state.gov/IV/Login.aspx

Thanks!

Yep, exactly so... Ridiculous!!

I just check my cases on NVC with the case and invoice # and got this message

This case is in the process of termination. Fee payments and online forms can no longer be accepted. If you believe you have received this message in error, or to resume processing of the case, please contact the NVC immediately.

I'm calling them back right now because this doesn't make any sense

Whoa. That would scare the heck out of me!

BTW, where do you check NVC status? I can only find their contact info, but not the online check option.

I was not aware that you do an Adustment Of Status for a parent under I-130?

Affidavit of Support

Obamacare requires you to have insurance, it doesn't provide it. If you can't purchase it, you pay fines to the government.

Oh no! What other option/s do you have?

My MIL agreed to be a joint sponsor. Now I have to get her to mail me the paperwork

Congrats, Collie!

Well, looks like using my mom's assets is not gonna work after all. She still owes half of the money to the bank on one, and the other has never been appraised and that would take time and expense...

The petitioner is sponsoring the parents. That means the petitioner (or joint sponsor) pays for everything. The purpose of the AoS is exactly that, to make sure the new immigrant will not become a charge of state. So no, the parents can get nothing from the government. Even if they somehow do, the sponsor (petitioner or joint) will have to pay the government back. And if the immigrant decides to apply for citizenship in the future, there may be unpleasant questions.

Called NVC again. They say they are uploading my case in the system and to call back next week. I thought it was 20 days total, but they say it's 20 business days, and there's been a lot of holidays, so it puts me around January 15-16 I guess.

It should be more than enough.

I'll ask my mom to send me whatever papers she has with numbers on them and I will translate them.

Thanks!

Now I have to figure out how to convert the value of her assets to USD. I wonder if I can simply use current exchange rate.

I believe she can, as long as her case is pending. Maybe the interview will happen before the expiration date anyway. If you think about it, she has to show up for the interview, right? So she can't leave:)

Seriously, IRs of USCs are treated pretty well. My older kids overstayed 2.5 years due to a number of reasons, and there were no questions asked at all. In fact, the officer said he did not see why they had to show up for an interview at all.

AoS related question.

Does anybody know how NVC calculates the beneficiary's income? How do I put it on the I-864, if it's not in $$? Do they ask for any proof?

My mom has a monthly pension from the government, an apartment and some savings in the bank. Savings, of course, might not remain intact for a long time, but the pension and the apartment are not going anywhere.

I was wondering if I could use that to cover the amount I am short of meeting the 125%.

I think you're fine. After the transfer most I-130s get approved in a matter of a couple of weeks. I would get that approval and file I-485. As a spouse of many years of a USC I do not think they would give you any hard time for a short overstay. And it is not against the law. The law states that once in the US, an immediate relative can file for AoS. It does not specify the way the relative got to the US, and overstay is usually forgiven to IRs, especially if not initially intended. I understand you did not hide your intentions upon entry.

Keep a record of all the forms you file to show that you did everything possible on your side.

I have a friend whose mother came on a B visa and overstayed two years before they could file for AoS, and USCIS never asked a question.

I'm happy for you.

But that really freaks me out. In Russia, there is only one original of a Birth certificate (or marriage cert), and the ZAGS office will not certify copies. If NVC were to lose my BC, it would take flying to Russia to get a duplicate (they won't issue one to my parents 'cause I'm over 18), which for me is out of the question.

I wouldn't go the sibling route, since there's a chance that category will be abolished if/when the immigration reform passes. On the bright side, if/when it passes, immediate relatives of LPRs will become equal with immediate relatives of USCs, and there will be no visa number wait.

Unfortunately, your niece can only apply for her citizenship 3 years since her GC, not her marriage. That delayed me a lot too. I became a citizen 7 years after my husband and I got married.

No, she cannot petition for her mother's husband at all. The mom can immigrate, apply for her husband, get a re-entry permit and split her time between living here and in her country. A spouse left behind is a valid reason.

Sorry for the tourist visa denials. My mom got denied too.

Oh, it's probably the agent who is working with our papers, is the difference because when I received my case number, I got email the same day asking me to pay AOS processing fees , after 2 days it's paid, and today I got an email confirming as an agent and asking me to pay Immigrant visa fees, once paid, I can then send the civil documents, right? Let's keep bugging them though, my dad's case is still not the system.

Your dad's case arrived at NVC same day as my mom's. I guess we'll see if there will be a chronological difference in further processing:)

Just called NVC.

My case was received on December 16. They said it would take 10 to 20 days to put it in the system. Well, it's already been 14 days, so I'll call them after the New Year's and ask again.

This is starting to make me mad! I need my mom here before the baby comes!!!

Does my husband need an employment letter and pay stub too? He's the sole breadwinner.

Yeah, if you do not work and he is I-864a, you need his employment letter and his paycheck stubs.

Same for the joint sponsor if there is one.

No, your husband is not a joint sponsor. A joint sponsor would be someone outside of your household and your taxes.

I know what you mean. We have been waiting long enough... And I need my mom here as soon as possible so she can file for my brother. The longer my mom waits, the more time he loses without proper medical care and education. Special needs children are not loved in my native country. He was already forced out of kindergarten.

I said your husband can be a joint sponsor because he can but he can also be used as a household member instead so it depends in what you want to do. I'm in the same position as you and I'm using my husband as a joint sponsor. Either way you still need the I-864 and I-864A.

He could be a joint sponsor if the taxes were filed separately. As it is, the husband's income is the family's income and counts for the wife.

It can get pretty confusing though:) I've been doing immigration since 2004 and still have questions.

Oh, too bad for the person who told me that my husband could be a "joint sponsor." But thanks for the info, my package is still on transit so I still have the time to intercept its delivery. I just needed to fill out the form and give it to the post office and pay for it on Monday and send my proper documents at the same time .

Hopefully NVC figures it out and won't delay you with an RFE. Good luck.

Just found ouit today that due to the "government shutdown" we can't file the 2013 taxes before Jan. 28. That's lame. Probably will delay filing the AOS package for at least a month. I guess I can try and mail it as is with the old taxes and a fresh employment letter+paycheck stubs and hope for no RFE...