spectrrr

Answers:

1. Next to nil, they only care about having an original signature on the I-864 in-hand. The supporting documents only need to be clear, it won't matter if they are original, photocopy, or a printed out scan.
2. In the unlikely event of this scenario, the interview would be conducted but no final decision would be made until they had what they needed.

OK, Since my sponsor sent in the "original" i864 with his signature on it to them (and copies of his other docs), we should be good there.

I'll have him scan in a backup copy of his i864, irs1040 (but not the 1 inch thick packet of tax docs)... and we'll hope thats all that is needed. If not, can wait the extra 2 weeks for the full packet to arrive snailmail.

thanks

hitting a speed bump, trying to figure out the best way to proceed.

My joint sponsor had some delays in acquiring and sending out his original tax documents to me.
He earns well above the minimum, and his taxes are complicated (the full packet is nearly an inch thick).

To make a long story short, I may not be able to get the original documents in hand before the interview on Jan. 11th.

So, what does that potentially mean to us?

I know the common advice is bring *EVERYTHING* you could possibly think of to the interview. But...

#1 - What are the odds they'll ask for the original tax docs?

#2 - If we don't have them due to still being "in-transit" between here and there, what happens? visa put into administrative hold and a new interview scheduled for a future date when the docs are in hand? (a month delay maybe?)

It won't be "impossible" for us to get the docs beforehand... but would be prohibitively costly to do so... Just trying to get a feel for what the consequences are, so i can weigh the options and costs......

GREAT, that's what I was hoping for, thanks!

(now that dates are known, time to get serious about landing a good offer!)

I feel like this has been answered before, but I couldn't seem to come up with the right search terms.

THE INFO: I'm a USC, living abroad together with my wife continuously since we were married 3.5 years ago. I filed for for an IR1 visa as a USC living abroad, and we have always presented as living together. Visa process is almost complete... NVC is CC, we're expecting an interview date any day now for 1st week in January.

THE QUESTION: If I accept a job offer in the US that starts earlier, will my wife have any problems going to the interview alone if I move back to the US in mid-December, before the interview?

People show love in different ways. Have you guys tried the 5 love languages book to see if maybe you just both show and receive love differently?

I heartily second this recommendation.

It's a good starting point for understanding each other when you're both from the same country.

It's VITAL when you're adding in different cultural perspectives to the mix.

Keep the second part. The CO like to see you will have a place to live with your spouse and also that you may have a job the most. But a place to live is pretty important. Keep in mind you're not impressing the NVC, but rather the consular officer conducting the interview.

Roger that

I'll be quite happy to get past the NVC in a timely manner. It's the distant NVC officer that has little knowledge of country-specific conditions.

The interview itself I expect to be quick and painless. No red flags in our case, I'll be present for the interview, and recent experiences from this embassy have been positive. Given the severe economic and security problems Venezuela is experiencing right now and how many people have left or are trying to leave, convincing a consular officer that lives here and knows how things are that I do indeed plan on returning to the US with my wife is basically a given.

You are looking at it wrong. What you establish in Venezuela is not the matter. You are required to have filed 3 years tax returns or show reason why you were not qualified to do so.

You have a room with friend have them write up an agreement. The re-establishing domicile has nothing to do with money. They need to see you kept ties or reestablish ties to US. Here is a list to establish or reestablish you can get going or you may have.

Domicile

Please note, if the petitioner lives with the beneficiary abroad, you'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 3 and 4) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable, of course, to prove that you have, or will re-establish, domicile in the US):

OK, let's see if I'm looking at this better now! Your feedback would be greatly appreciated.

I need to get the structural content nailed down and confirmed so I can gather the final missing documents. I can fine-tune spelling, phrasing, etc later on.

Anything wrong with the structural content of the letter below, verbatim as it is?

NAME

SOCIAL SECURITY NUMBER

Form I-864

Part 4, Question 5: Country of Domicile

I, XXXX, am currently residing in Venezuela with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principal residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my bank account at AAA Bank ($15 monthly fee)

• Maintained my bank account at BBB Bank

• Maintained my bank account at CCC Bank

• Maintained my Ohio drivers license (Renewed in person, October 2014)

• Maintained my US PO box in Ohio

• Maintained a storage locker in Ohio with all of my belongings ($75 monthly fee)

• Filed taxes with the State of Ohio in 2013, 2014, and 2015.

Supporting Documents for the above steps I have taken:

• AAA Bank statement showing US PO Box address

• BBB Bank statement showing US PO Box address

• CCC Bank statement showing US PO Box address

• Ohio drivers license showing permanent US address (mom’s house)

• Copy of original rental agreement with XYZ storage locker in Ohio, dated December 14, 2012.

• Statements documenting most recent payment to XYZ storage locker in Ohio.

§ PayPal statement showing payment from myself to Tom Jones in Ohio.

§ Canceled check showing payment from Tom Jones to XYZ storage.

§ Letter from Tom Jones stating that his payment to XYZ storage in my name was on my behalf.

• Copy of most recent 2015 Ohio State tax return.

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have the use of a house and car upon our arrival.

Supporting documents for the above steps I have taken:

• Letter from Tom Jones in Ohio, guaranteeing us the use of his spare bedroom and spare car upon our arrival.

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

Is this part necessary, should I just delete it?

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have the use of a house and car upon our arrival.

Supporting documents for the above steps I have taken:

• Letter from Tom Jones in Ohio, guaranteeing us the use of his spare bedroom and spare car upon our arrival.

Its one or another. Some people need to reestablish and some just need to show they have kept their domicile things going. Just look through the list and gather what you can.

The #1 things are a place to live, bank account, voters card things to show you are coming back or that you have already establish domicile.

ok, that's what I had thought originally.

The only thing I have towards "reestablishing" would be a letter from a friend for housing, which is pretty flimsy (anyone can write a letter).

My evidence for showing that I kept domicile going is much more convincing. Which brings me back to my original post - despite being out of the country for 3 years, could it work to argue that I have kept my domicile going all these years, with the evidence I listed in the first post?

Two additions to the original post: I did file state taxes. I do NOT have voter records.

You are looking at it wrong. What you establish in Venezuela is not the matter. You are required to have filed 3 years tax returns or show reason why you were not qualified to do so.

You have a room with friend have them write up an agreement. The re-establishing domicile has nothing to do with money. They need to see you kept ties or reestablish ties to US. Here is a list to establish or reestablish you can get going or you may have.

Domicile

Please note, if the petitioner lives with the beneficiary abroad, you'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 3 and 4) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable, of course, to prove that you have, or will re-establish, domicile in the US):

NAME

SOCIAL SECURITY NUMBER

Form I-864

Part 4, Question 5: Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principal residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

MMMM, so if I am reading that example letter correctly, It is not a case of "either / or"?

I don't have to choose only ONE - maintained US domicile /OR/ returning to the US.

The NVC evaluates BOTH "Steps I have taken to maintain US Domicile" AND "Steps I have taken to return to the US to take up residence" together to form a complete picture?

My taxes are current, no problems there.

Here’s yet another proving domicile post, with a twist!

I’m arguing for having maintained domicile in the USA, despite 3 years abroad!

Here’s what I’ve got, your feedback would be greatly appreciated. Trying to avoid an RFE/Checklist of course!

Three years ago I put all my stuff into storage in a 10x30’ locker, packed the rest into 3 suitcases, moved to Venezuela and got married. I sold my car to fund it all. I have no house. The original plan was to stay in Venezuela only until the visa came through in 9-12 months. But we decided to stay longer in her home country while we got our marriage fully established. As many here know, changing countries can be rather stressful!

Fast forward in time. It’s now been three years, we’re ready to move back and coming into the home stretch at the NVC. The big question of domicile. My argument is different. Despite three years having passed, my argument is for having maintained domicile in the USA. I never intended to stay as long as I did, and I’ve never taken measures to settle or establish a life here. The last 3 years have essentially been in “limbo”.

We are essentially poor and broke. My uncle is sponsoring affidavit of support, a good friend is making his spare bedroom and car available to us when we land, and from there, we get to work hard and claw our way up. It seems many of the “proving domicile” things I read assume at least a middle level of income, assets, or family, which don’t apply in my case.

My arguments for having maintained domicile in the USA:

1.Domestic USA Bank Accounts

a. I have accounts with three banks in the USA, including one I pay $15 monthly for.

2.Foreign Bank Accounts

a. I did not file a Report of Foreign Bank and Financial Accounts (FBAR) with the IRS.

b. I never opened any foreign bank accounts.

c. I never applied for a foreign credit card.

d. I do not have my name on any joint accounts.

e. I have ZERO banking presence here. I have ZERO foreign assets.

3.Belongings

a. I never shipped my personal belongings to Venezuela, I took only what fit in a suitcase on the plane.

b. I have maintained a 10’x30’ storage locker ($75 monthly expense) with all of my personal belongings, including furniture, books, clothing, electronics, artwork, and tools.

i.Problem here in proving this. I have a copy of the original contract from 3 years ago, but I don’t have receipt payments. I have been sending money to a friend via PayPal every few months, and my friend sends a check to the storage facility. Should I ask my friend for copies of his canceled checks, and combine that with copies of my PayPal statements? Or is the original contract enough…..

4.I’m here on a TR-FV Visa – (transeúnte familiar)

a. Transient, temporary family visa, limited to one year (extensions available and applied for)

b. Not a resident, no rights as such.

5.Drivers license

a. US Drivers license renewed in October, 2014 during my only visit home.

b. Never applied for Venezuelan drivers’ license.

My arguments for returning to domicile in the USA:

1. Errm…… none.

2. No apartment rental contract, no school applications for the kids we don’t have. No moving quotes for the stuff already back in storage in the USA, No job offers, and no housing search for the house we can’t afford.

1. Country USC resides in: Venezuela

2. Is there a USCIS field office in this country / Is DCF still possible? NO
3. When did you file the I-130: NOA1 date is Feb. 25th, 2015

4. How long had you been living abroad: 2 years

5. Do you reside in the country legally? Yes, on a 1 year temporary family visa (renewable every year)
6. What is the reason for your residence: Married here, living here to be with wife's family until visa comes through.

7. Did you list your foreign address on all forms in I-130 package? YES, on every form, and on continuation sheets as well.
8. Did you send I-130 package from abroad? YES. Mailed via FedEx from abroad, with a foreign return address.
9. Did you include evidence of your residence abroad in the I-130 package? YES. Rental contract in both our names.

10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? YES. We mentioned it in the first paragraph of cover letter, and also in a separate letter describing the evolution of our relationship.

11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? I think NO. 84 days. --- Perhaps it was semi-expedited because we were sent ot the fast CSC office, but I dont think that 84 days counts as "expedited".

whooohoo!

On May 20, 2015, we approved your Form I-130, Immigrant Petition for Relative, Fiance(E), or Orphan, Receipt Number WACxxxxxxxxxxxx

So Feb. 25, until May 20. Almost 3 months for USC living out of country, approved at the CSC.

Now onwards to the NVC stage....

Things appear to have slowed down DRASTICALLY at the california service center this year.

I've been living abroad two years, and very carefully managed the package details so everything pointed outside the country. Our case is up to 68 days and counting. I'll post back here with the full, properly formatting details when we finally get some movement.....

Got our case approved. It was pretty quick. Wishing all of you to get your Noa2 as soon as possible!!!

Awesome Gitana, congrats!

That gives me some hope that my case will be approved soon as well, since our cases are almost identical.

All the best to you in the NVC stage

...<snip>... We have no idea how those being routed to CSC will have their cases handled and neither do you. It would be great if it's just as fast as it has been, but it could slow down significantly as well. At any moment internal priorities could be shifted at either service centers. And logically I would assume the sheer influx of new cases is likely to slow them down a least a little. ...<snip>...

I think CSC has been getting slower for a few months now. I'm a US citizen living outside the US, and per the norm, we were routed to CSC with a NOA1 date of Feb 25th. A few months earlier, cases like mine were being approved in as little as 3 weeks, however I'm up to 7 weeks now with no new updates, and I'm not alone, other cases similar to mine are also well past what was the avg. approval timeframe just a few months earlier.

So I think it's definite that CSC has been slowing down for a while now, but certainly I expect that it will much much faster than those stuck at Texas, my heart goes out to you guys, hope you get through soon!

I guess the recent transfers to the CSC might explain the slowdown for those of us there.

http://www.visajourney.com/forums/topic/542356-uscis-is-transferring-some-cases-to-balance-workload/

this notice is dated March 26th (around when I was expecting approval), but its been noted that they were already transferring numerous I-130 apps before then to the CSC to better balance the workload. Could explain the overall slowdown there.

NOA1, Feb 25 at California. Coming up to 5 weeks now. Hope they are still expediting folks out of the country....

In your case, sending in multiple petitions in the same fedex pack, make sure you CLEARLY separate each petition in some way that is obvious what each packet is. As already noted, whether you include a long, bulleted and organized cover letter is a matter of preference.

Guys
There's no regulatory rule that demands that applicants and or petitioners use a cover letter. Some folks include it so the adjudicating officer can see easily what's in your file, without having to be combing through it looking for things. And besides, when they might send an rfe for something already included the cover sheet might help highlighting that you've already included it. Don't stress yourself. A cover sheet won't approve or deny you for sure. It only shows you did some good home work for your application

Correct!

I'll expand to note that most cover letters serve two distinct functions:

1) They reaffirm and state the purpose of the packet of documents sitting in the officers hands. This helps to avoid filing errors and make sure your packet gets to the right desk the first time around. I'm a big fan of redundancy, So I wrote I-130 petition in giant letters on the packet envelope, AND included a cover letter stating it was a I-130 petition for my spouse, AND of course there is the I-130 itself. Technically the guy sorting the mail should sort it based on the boxes checked at the top of the actual I-130 form... but mistakes happen. Putting that content in a cover letter and in big letters on the envelope simply serves as a double check for the mail sorter. He just read spousal I130 twice, so he's less likely to make a mistake when he gets to the actual form.

2) A cover letter serves as a tool for organization. In most cases, HOW you organize the packet is not so important, much more important is THAT it is organized in some manner. It's not a technical requirement. But as j-zealous stated, it can help cut down on RFE's if it's a document you included, but the official didn't notice at the time. They check the table of contents, org system, or whatever you're using, see it should be there, and go look for it again before blindly sending out an RFE. Ultimately, I chose the cover letter system (+ numbered tabs corresponding to the cover letter item numbers) because I'm a very logical 1-2-3-4 kind of person and love numbered lists. It's the organization system that works for me. If you have a different one that will make sense to strangers, feel free to use it instead

Hello everyone.. Guys I just wanna ask.. My husband and I started preparing all the docs needed for me and my baby.. Is it affid of support need to pass along with the I-130? And do we need to attach the cover letter? Or only in the NVC?

cover letter with the i130, YES

affidavit of support and all that ####### is the NVC stage, you'll have plenty of time to work on that later.

Here's my cover letter, I make no claims its the "best" one, just what i sent.

Bear in mind that each case is different, your contents be need to be different than mine.

Also note that her birth certificate is not required. I sent it anyway because i had it.

ORIGINAL SUBMISSION

February 11, 2015

USCIS, Attn: I-130, 131 South Dearborn-3rd FL, Chicago, IL 60603-5517

Subject: I-130 petition for my spouse, ________________.

Dear Sir/Madam:

My name is ____________, I am a citizen of the United States. I am filing the included petition I-130 for my wife, _________________. I am petitioning for her to obtain a spousal visa.

Please note carefully our address below, as I live together with my wife in Venezuela.

Please find enclosed the following required and supporting documents for this petition:

1. Form G-1145, e-Notification of Application/Petition Acceptance.
2. Check in the amount of $420 for filing fee.
3. This Cover Letter
4. Petition I-130 and 1 page continuation sheet.
5. Copy of petitioner’s USA birth certificate
6. Copy of beneficiary’s Venezuela birth certificate. Original in Spanish, followed by a certified English translation.
7. Copy of our marriage certificate. Original in Spanish, followed by a certified English translation.
8. Form G-325A for U.S. Citizen petitioner, and 1 page continuation.
9. Two passport-style color photos of the petitioner
10. Form G-325A for NON-U.S. Citizen spouse beneficiary, and 1 page continuation.
11. Two passport-style color photos of the beneficiary
12. Evidence of a bona fide relationship:

a. A short summary of our story.

b. Apartment rental contract in both our names. Original in Spanish, followed by a certified English translation.

c. Photo album from our wedding and the last 21 months together, labeled by date and occasion if relevant.

Copies of the documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an immigration or consular officer at a later date.

I kindly request you to process the above petition and to provide the receipt notice as soon as possible.

Thank you,

_______________name______________ ________date_____

SSN #

PHONE

ADDRESS

errg... not in a good mood today. Here I thought I would be on this forum repeatedly throughout this process, bitching about the inefficiencies and sheer lunacy of the US Immigration system.

Nope!

Looks like its not the US system that struck the first blow, its the Venezuela government. President here, in an ongoing chest hair measuring contest with the US, just ordered the US Embassy here to cut its staff from 100 down to 17..... SEVENTEEN!!!!

I've been to the embassy here. it's BIG. It would take 17 people just to man the gates, doors, etc!

I know it's early, but I don't even want to think about the interview appointment now... ...

Yes it is true that the numbers are reversed in the "all other relatives" category" but the main difference is that that category has quotas on it so even if they are processed fast they would still be waiting on a visa number once they got to NVC but for immediate family their is no quota so the faster they process them the faster they get to be together basically.

I have heard that all people filling from overseas get expedited, not officially but it seems to happen. Not sure why or how it makes sense as I don't get why that should give someone priority over someone living in the US apart from their loved one. Nothing against anyone that has that happen to them. I mean good for them and take the advantage you can get. But it does suck for the rest of us and kind of shows how the system is messed up.

I do tend to agree with you, it makes little sense to expedite processing for the families like mine that are already together.

I guess the only rational I could find would be an economic one - repatriate the US citizen back into the states faster so they can earn money faster and pay more taxes. But the number of cases we're talking about is so small, its economically insignificant with respect to national policy.

Omg! Look at the figures for Nebraska!! Almost 50,000 applications and California had the least with 2000+. That's a huggggggeeee difference! No something needs to be done and yet they continue ro enundate the office with more of us

check again

Nearly 50,000 "immediate relative" (like spousal) petitions in nebraska, and only 2,000 in california, that is true.

But the numbers are reversed when you look at the "all other relative" category. 43,000 in california and 1,500 in nebraska. And a TON left pending in california.

So it looks like Cali is a big and busy service center, just for a different types of petitions. I'm guessing most all of those 2,000 immediate relative petitions sent to cali are the same deal as my case, immediate relative filing from overseas.

People continue to break the law, entering illegally in droves or purposefully overstaying their visa, precisely because it is perceived as a misdemeanor, no worse than crossing the street improperly. Any idiot can do the math and see that the risk (very little) outweighs the reward.

Incidentally, that's the same reason that I tend to flagrantly cross the street whenever and wherever the hell I feel like it: because it's a minor offense, from which there is little chance I'll get caught, and even less chance I'll get punished if I am caught. There are other categories of crimes which I do not consider "morally" reprehensible... and yet I refrain from committing them simply because the odds of me getting caught ARE high, and the punishment is strong enough that I would very much like to avoid it.

And then of course, there's the cherry on top, that if you get in and wait a few years, someone will likely give you a blanket pardon. Awesome!!

woohoo! Got the email notification for NOA1 with receipt number. (but, interestingly enough, I did NOT get a text).

Case was sent to California Service Center... phew!... CSC and VSC were the two ones that "often" expedite cases sent from overseas.

Thank God, definitely a good day in the journey!

Does it matter that I completed all of the paperwork using my married name? I can have the name changed on my drivers license today but it would take a few weeks to get new social security card and passport.

I think going a little insane IS part of the process

No worries if your ID's are still using your old name. You can put down your (current) married name under name, and then in other names used, your previous maiden names.

Be aware that the burden of evidence for a bona fide relationship may be higher for you than normal, due to the previous filing. (although, if i inferred correctly, that relationship ended before finishing the process and gaining the visa? (you withdrew the application). Less of a concern now at the USCIS stage, but you definitely want to start assembling your evidence now for the interview stage.