Time to file DS-230

[Mugs001]

(Regarding the IR-1 visa for my wife's daughter, over 21 unmarried) We got the I-130 approved, then also got the Change of Agent form sent in, along with the fees for the DS-230 and I-864 (they show paid as of October 20th).

Will we be getting a paper package in the mail for the DS-230? Or is this all done online now?

Also, how long do we have to send in the DS-230 and I-864? The reason I ask is that this all happened suddenly. I guess we thought it would be another year before a slot came available for my wife's daughter. As a result we are not where we would like to be with the I-864. We have thought that our situation might be improving later so we have considered waiting on sending in the apps. I see that there is a general statement on NVC e-mails,

"If a period of one year passes from the last date of contact with the NVC (by email, telephone or mail), all submitted fees and documents will expire. In that case, your fees will need to be repaid and documents will need to be resubmitted in order to continue the immigration process."

Does that mean we have a year from October 14th (when we got our first correspondence from the NVC) to send in the apps?

Thanks!

[dnoblett]

Yes there is now a new electronic process for NVC that is an option info is here.

 

http://candleforlove.com/forums/index.php?showtopic=37703

 

Yes you can delay for up to one year.

 

As for I-864; does your spouse work? The person who filed petition (wife) provides the I-864 and you provide an I-864A to add your income to hers. You can also get a joint sponsor to provide an I-864.

[Mugs001]

Thanks for your quick reply and the helpful info!

 

Well, we are in China teaching and realized that our I-864 would be problematic with so little income and with our not being domiciled in the U.S.

 

We thought of going the route to address those problems, i.e.; assets, a permanent address in the U.S.(and showing that we would be going back to it), perhaps a co-sponsor, and also showing we had job offers etc. but I have worried that this is less of a for sure thing and that the outcome can't be guaranteed. I have heard that the IO takes everything into consideration. How one's situation is evaluated seems somewhat vague and so seems sort of hard to predict.

 

The other route; that is making the I-864 simple by showing that you work and can meet the 125% guidelines seems more straightforward and therefore a better bet so we are considering biting the bullet and going back to the U.S. to prepare for this.

 

I don't know maybe I'm a worry wart.

 

You mention the electronic processing...Is that also for the DS-230 form? In other words we shouldn't be expecting any kind of packet in the mail?

 

Thanks!

[dnoblett]

Now I am a bit confused are you both US citizens? I hope so a green card holder looses that status if they move to another country and gives up US domicile.

 

Link I gave in prior post details electronic process with NVC it starts with daughter providing you a DS-3032 and sending an email to NVC opting in to electronic process.

 

If you maintained a home in states then domicile is no problem, the issue will be income after returning, a joint sponsor is easiest option.

 

One last note in terminology daughter will be getting an IR-2 visa.

Edited December 15, 2010 by dnoblett (see edit history)

[Mugs001]

Yes, both citizens. I think that's why the process started so quickly. Once my wife became a citizen then her daughters case got bumped up into the higher category.

 

Right, we have opted for electronic processing so it sounds like it will be all done that way which is no problem for us.

 

IR-2. Thanks for the correction.

 

Yes, I agree it seems that to move back and get the income level up to the required amount is the most straightforward.