R & P
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Posts posted by R & P
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My wife (foreign) and I (American) have been living in the USA for 2 years now and filed the I-751 in July. We gave the following evidence with the application:
- Copy of rental agreement with both our names on it
- Copy of joint federal and state tax return for 2011
- Copy of joint credit card account with both our names on it
- Affidavits for the veracity of our marriage from two friends
We have now (October) received a request for evidence which says:
"The conditional permanent resident (CPR) filed a Form I-751 with our office. The (CPR) provided some evidence of marital bona fides. However, the documentation submitted is insufficient because:
- You do not submit your joint finance.
- You do not submit your joint ability such as insurance"
And then it goes on to list the types of evidence they are interested in, most of which we unfortunately don't have.
- Copies of bank statements that reflect joint savings and/or checking accounts to include the transaction pages for each bank statement provided
We do not have a joint bank account. We tried to set that up one time, but our bank, an internet bank, (formally ING Direct, now CapitalOne 360) wouldn't add my wife as a joint unless she had some other US bank account. We never opened a brick-and-morter account because we had no use for it. Our finances are mostly routed through the credit cards, which I pay off each month from this bank account.
- Copies of insurance policies such as life insurance, medical insurance, vehicle insurance, homeowners insurance / or renters insurance, etc.
We do not have life/homowner's/renter's insurance. My wife has an individual medical insurance, separate from mine which comes through the University (I am a graduate student). My wife is not on the car insurance policy because she does not have a driver's license and does not drive.
- Copies of loan documents such as...
We don't have any loans.
- Copies of your State and Federal tax returns. Also include all required schedules, statements, and any attachments such as W-2 records.
We already sent them that. My wife does not have a W-2 because she continued working remotely for a company in Brazil. But we did declare our foreign-earned income in our tax report (and paid tax on it).
- Copies of utility bills such as telephone, gas, electric, water, cable, Internet, etc. or other statements issued to both names indicating the residential address.
My wife's name is not on any of the utility bills. I set up all of these before my wife arrived in the U.S., as she had to wait a while in Brazil for the interview. As a result, all of the utility bills have been in my name only.
- Identity documents: Submit legible copies of the conditional permanent resident and petitioning spouse's driver's licenses and or identity cards from the appropriate state's motor vehicle department
My wife does not have a driver's license or a state ID. Her ID has been her Resident Alien card.
- Marriage certificate
I can send this to them again (for the 100th time...). We were married in Brazil, so the certificate is from there and needs to be translated.
- Other documentation: Such documentation may include current mortgage records, wedding photographs, travel documents and any other evidence that you feel should be considered.
We don't have a mortgage. I can send photographs. I don't know what "travel documents" means... airline tickets? We took a vacation to Seattle once.
- Submit photos of you taken together showing date and place where taken from the date of marriage to present.
That's fine, we have plenty of photos.
My concern is they are asking for a lot of evidence that we don't have. Do people think it is worth explaining why we don't have the evidence they are asking for? As noted above, there are a few things they asked for that we can provide:
- Copy of mails from wife's health insurance, which at least shows she lives at the same address as me.
- Wedding certificate (again)
- Itinerary from our vacation to Seattle
- Wedding photos, other photos in USA
We haven't done anything wrong, it's just that we live in such a way that doesn't produce a lot of "evidence". What should we do? Also, they asked for some things that we already sent (tax return). Should we send them again?
One more thing: we do have a joint bank account in Brazil. Do you think they would be interested in statements from that account?
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Received NVC number yesterday in a letter dated March 15th.
Added bonus, the letter didn't include my last name, they replaced it with "A", which is not even an initial for my last name. Not inspiring confidence...
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For the spreadsheet: I received my NOA2 (Approval) with a Notice Date of Feb 23. Still waiting for an NVC case #.
But then on Feb 28 I received an email notification that said
"Your Case Status: Initial Review
On February 17, 2011, we transferred this case I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN to our TEXAS SERVICE CENTER location for processing and sent you a notice explaining this action."
It seems like another mistaken notification, since the date specified is before the date of the approval notice. Did anyone else get one of these?
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OK, I when I called at 11:11 EST I got a different menu item after inputting my receipt # which allowed me to talk to a representative.
As expected, they weren't very helpful. Here are some notes:
Level 1 - speaking with Monica
- Said that my petition "was approved" but sent back to the State Dept for additional review
- Said that I should allow a minimum of 120 days for processing since the notification of transfer from the State Dept (Nov 29)
- Said that the case was sent back from the NVC (wait, what? Is this the same as the State Dept?)
- I confirmed with Monica all the information she had given me, including that my case was approved. She confirmed.
- I pointed out that although she claimed I was approved, I never received any notification stating this.
- Monica transferred me to the next level of customer service
Level 2 - speaking with Officer Shankar
- I told my story, along with the claims made by the previous customer service attendant
- Was asked for receipt #, name, date of birth, address
- Said that the case was "never approved", and that it was sent back from the Department of State for further review
- I asked about being outside the 5 month processing time. Officer Shankar said that 5 months is just an average estimate, and that cases can take longer
- Confirmed that there was "no decision" yet for my case, and that it needs additional review
- I asked at what point the Department of State gets involved in the process, as I thought the next step was to go to the NVC. Officer Shankar said that the Dept fo State can get involved at multiple points in the processing.
- I asked for an estimate of how much longer I should wait for a decision or further notification. Said he couldn't give any estimate.
- I asked if it is normal that my case was transferred from California to Texas. He said such transfers are normal.
- I asked at what point I should call back with questions about my case. Said I can call back at any time if I have questions or if there is a problem with my case. I asked how I can know if there is a problem if there is no timeframe to base it on, and no notifications sent to me. He said he is sorry that he cannot give me a timeframe, but I can always call back with more questions.
Officer Shankar had a very calm and relaxed voice. It is quite remarkable that he can keep that tone of voice while he knowingly gives me no useful information yet offers that I call back at any time with more questions. I only have one question: when will my case be finished! I want answers, and action!
- Said that my petition "was approved" but sent back to the State Dept for additional review
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Hi, I'm trying to call USCIS (1-800-375-5283) and talk to a human. I don't find any option on their menu for this. They say to call form 8am to 8pm -- but what time zone are they in?
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You can add me to the spreadsheet of CSC->TSC transferees. Here is all the activity I've had so far on my case. (Note: I don't check for "touches").
- Aug 21 NOA1 Notice Date (CSC) hardcopy (*)
- Aug 16 NOA1 Priority Date (CSC) hardcopy (*)
- Nov 02 Date of Transfer to TSC "for processing" on notification email
- Nov 03 Notice Date on NOA hardcopy about Transfer to TSC "in order to speed up processing"
- Nov 29 Date of "Post Decision Activity" "a USCIS office received this case from the State Department" email / web status
- Nov 30 Notice Date on NOA hardcopy "to advise you that we have received [the petition] back from the Dept of State [for review]"
(*) Received this notice twice, for whatever reason, first postmarked Aug 24 and second postmarked Nov 03. Both are from the CSC.
Nov 30 was the last action on my case, and it was just now that I started getting worried and found this thread. I've just read all 127 pages of bad news. The optimism of this group overall is pretty remarkable, given that only one person of one hundred has really passed to the next step. It seems to me there's no telling how far out the average will be for this group, but I've moved my expectation date of obtaining my wife's visa from late March to early July, best-case scenario.
My 5-month mark from my NOA1 priority date was on Jan 13, so I've officially waited long enough to make my futile complaints, of which I will begin tomorrow.
God save us all.
- Aug 21 NOA1 Notice Date (CSC) hardcopy (*)
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I stumbled upon this, and thought that it was funny/sad, so I thought I'd share. It's old, but I couldn't find it on these forums.
As one U.S. citizen who was shocked to learn what the immigration process is really like, I think this would be good to show our friends to raise awareness.
http://reason.com/blog/2008/09/24/new-at-reason-mike-flynn-shikh
Enjoy.
– R
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I mailed I-130 the same day as you and I got my NOA1 in the mail on 8/26. There was a mistake on USCIS part so they fixed it and a reprint was received by me on 9/07.
Hmm, so far I've gotten no response whatsoever...
Not sure what your next step should be, but, I would start by calling USCIS maybe they can try to locate it without the receipt #. I have read other about other members who have tried that. From what I recall in most cases the petition was rejected and mailed back due to Section C. Don't want to alarm you just share my observations.
Thanks, I just reviewed my Section C and it was pretty straightforward. I don't see anything that could have went wrong there, as happened to people in other threads.
Thanks. Looks like there's been some confusion lately, but these other people at least got some kind of response. I'll try contacting USCIS. You said to call them, but the one time I called that number before I could find no way to escape the robot menu system telling me things I already knew from their website. Is there some magic phrase to get to a human?
In any case, the link you gave me has an email to write to. Thanks!
Best regards,
R & P
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Was the check cashed.
No way to know, I used a USPS money order.
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I mailed in my I-130 package on August 13. The post office tracking tells me it was received on August 16th, but I still haven't received my NOA1, or any other response. It's been over a month. At what point do I start panicking, and after that, what do I do?
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Have you considered filing the I-130 direct with the consulate in Brazil? If you are eligible it is a heckuva lot quicker.
I'm not eligible, I've only been here a couple months on a tourist visa.
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Hi VisaJourney,
I'm putting together my I-130 package to petition for my Brazilian wife. One thing that seems to be a bit of a logistics problem for me is the payment. I'm currently living with my wife in Brazil, but plan to put together part of the package here, mail it to a reliable family member in the US and have them add the rest of the package, and then have them mail it to USCIS. I do online banking, so I don't have paper checks handy, and since I'm in Brazil I can't walk into a USPS and buy a money order. Some ideas I have are:
- Have the reliable family member use one of their checks to make the payment for me (simple, but payment not in my name)
- Have the reliable family member buy a USPS money order but use my name (simple, payment in my name)
- Sign-up for another bank online that can deliver paper checks to my US address, then have reliable family member send them to me to fill out and then send back to them to add to the package (big delay)
I don't know if I'm being paranoid, but I feel that it would be important that the payment comes from a source in my name. Do you think that's really an issue? Can you think of some other way I can get this payment in my name?
- Have the reliable family member use one of their checks to make the payment for me (simple, but payment not in my name)
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Yeah, I just looked today, and it's a B1/B2 visa. The State Department web site says the U.S. Customs and Border Protection officer determines the length of stay allowed, with other online sources saying 6 months or even one year is possible.
I wonder how they'd react to asking for a 6-month family visit + whirlwind tour of the country?
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Sounds sort of like the VWP, does she have a non Brazilian Citizenship?
No, she's pure Brazilian. The visa was obtained via the US Consulate in Switzerland.
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Thanks Darnell, your advice is valuable. I'd still be interested to hear why you originally suggested waiting six months and going for direct consular filing... it seems to me the approach of "do nothing for six months" risks increasing the delay to enter the US with my wife.
You're gonna have to prove up 'domicile' and/or 'intent to re-establish domicile', prior to interview day.
I'd be more comfortable with "making the trip", to establish an apartment, actually. A rental contract with my parents just seems weird and suspicious...
On the I-864, is OK, but you'll have to show US Tax Returns (remember, even when yer exempt, is OK to file them after the fact - might want to review that, this weekend) during NVC processing
I am current with my taxes and have copies of the filings from the last three years, so that's not an issue.
This is always a matter of contention here at VJ, coming into the USA on a tourist visa when yer already married. IF you get a chuckle-head Immigration Officer at the Point of Entry, he might deny her entry, stating that her intent is to immigrate once she is landed (boots on the ground) on USA soil.
We've actually already visited the US since marrying, for one week, in order to have an extra celebration with my family and friends. Maybe we got lucky with the "Immigration Goon", but the only thing we were told at the port of entry was that we don't have to fill out our customs forms separately anymore.
You'll need to show either assets or income, or both. Study the I-864 instructions, and see if you even qualify.
I'll do that. This could be the tricky bit, because I might have a hard time obtaining income again while we are together in Brazil. Luckily we're frugal and have a few year's salary worth of savings, I hope that counts for something. (Switzerland's high prices are a great incentive not to buy anything
)Welcome to VJ, btw - this is a GREAT DIY Immigration Web Portal, with emphasis on 'Y', and 'D'.
Thanks! Yeah, I don't expect anyone to do it for me
Just looking for advice.Caveat- I am not a lawyer, nor do I play one on TV. My knowledge comes from READING VJ, copiously
Yeah, I see there's a lot to read here. Many interesting stories, and some horrifying tragedies. This is definitely the most bureaucracy I've had to deal with in my life, I hope we can make it though with our sanity.
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I have 2 comments, before I run through your list of questions:
1. upgrade yer visa in Brazil . Do it next week. Revise yer plan, stay in Brasil, don't bother to come to USA just yet.
2. stay in Brazil 6 months, file the I-130 via Direct Consular Filing to the US Embassy...
(...snip...)
FWIW, my 2 comments bypass/shortcut all of your other issues/concerns/questions.
Thanks. Of course your answer leads to more questions
Why would a 6 month wait + direct consular filing be better than the (from what I gather from VisaJourney) 8 month average wait for IR-1/CR-1? Is it guaranteed (err... "hopeful"?) that the direct consular filing would take less than two months? Is it because of our living/working situation?As an aside, so far we haven't received any official indication that I can upgrade my Brazil visa to stay, we're still researching that part... if anyone knows about this, please tell.
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Hi VisaJourney. I'm happy to have found this website, and hope I can get some advice for our situation. I've read the guides and a number of forum posts, but I still have some questions. First, about me and my wife:
I am a US Citizen who spent the last 3 years working in Switzerland at an international organization where I met my wife, who is from Brazil. We naively made the following plan:
- Stop working in Switzerland
- Go to Brazil and get married
- Stay in Brazil for a few months
- Move to USA to live and find new work or start a company
We are currently on step #3 and – because of VisaJourney's information – we have learned that step #4 takes much longer than we anticipated. Oops. So we are in the following situation:
- I am staying in Brazil at her parent's house on my tourist visa (allows 90-day visits, maximum 180 days per year)
- We have no job, no house, or particularly strong ties to either the USA or Brazil
- We still want to go to the USA in order to live and work
- We have enough savings to wait out the 6-12 months for the IR-1/CR-1
- We don't want to be apart for any significant length of time
- She has a US tourist visa (allows 90-day visits, maximum 180 days per year), obtained last year in order to visit my family
It looks like what we need to do is apply for the IR-1/CR-1 visa for my wife. (The K-3 appears to be a slower, weaker visa which doesn't seem to have any benefit). I have the following questions for this application:
- When filing the I-130, can I use my parent's address in the US, which is my official mailing address now, even though I don't really live there and will have to get the mail forwarded to me?
- When filling out my (US Citizen) G-325a, should I list her parent's house in Brazil as a "residence" for the past 2 months after the wedding, even though I'm on a Brazilian tourist visa right now?
- For the I-130 "evidence of a bona-fide marriage", we don't have any of the property/residence/finance suggestions they give. Would my wife's Brazilian documentation for changing her last name to match mine on their various IDs serve as evidence, or should we just go ahead and get affidavits from my parents who were at the wedding in Brazil?
- My wife wants to get a new passport with her new last name. Will this void her tourist visa? Is it bad to get the new passport since it will be needed for parts of the IR-1/CR-1 visa application process?
- For Portuguese documentation which requires a translation, is it OK for my wife, who is fluent in English, to do the translation? She could sign the suggested "Certification by Translator" form given by USCIS, and even attach a TOEFL score as evidence.
- When we get to the "I-864 Affidavit of Support Form"... I don't have a U.S. "domicile" of my own, because I've been living overseas for years. Can I use my parent's house? Do I have to go there and establish a "domicile" that I don't want to live in (without my wife) for months?
- As things stand now (see †), I have to leave Brazil in late September. Is it OK for my wife to come "visit" the USA with me for 90 days, while the IR-1/CR-1 is being processed? We would use the time to visit potential cities for living, and possibly visit companies we may be interested in working at when the IR-1/CR-1 is obtained.
- Is there anywhere "official" we can go/call for interactive help? I tried calling the USCIS 1-800 number, and found it completely useless. Maybe the US consulate in Brazil?
- Is there any other complication that our homeless/jobless situation will create that I haven't thought of yet?
- Is this case complicated enough that I need a lawyer?
† I am also looking into obtaining permanent residency in Brazil in order to wait with her here for the US visa
Thanks for any help.
- Stop working in Switzerland
I-751 Request for Evidence Advice
in Removing Conditions on Residency General Discussion
Posted
On Oct 21st we sent the following in response to the request for evidence:
We got the decision letter today: I-751 approved! Decision date was 10/31/2013. Wow, that's the fastest turnaround for anything in this process. Green card is in the mail, we're finally done! Hooray!