Filing I-130 for my wife and 2 month old baby

[billyc]

One more question. Our I-130s were sent to USCIS Phoenix Lockbox..

 

When I check the USCIS processing time, which service center should I check?

[dnoblett]

Yes these things will go to NVC when they request.

 

Two options at NVC, opt in to e-process, in this case you will scan all these things and email to them, and the originals will be turned in at interview.

 

Or mail originals them to NVC via ground process, and they will be shipped over to China, and returned at interview.

 

Also if e-process, turn in originals at the consulate along with copies, and request them back during interview.

 

Anyway USCIS will take 4 to 6 months to process before sending to NVC, so wait a little on preparing many of these documents, I-864, and Police Cert need to be done closer to the time they request them.

[billyc]

Thanks Dan,

 

I am still try to understand the NVC process. As I understand, in my case, once the cases go to NVC, they will send DS-3202 to my wife and ask me to submit the I-864. Do we need to first mail in the DS-3202, then opt in the e-process to submit the I-864, 169, DS230 and other documents. If we opt in for the e-process (we prefer), how should I make the payment for the Visa process?

 

Sorry asking so many questions so early. I just want to understand the next stage of the process, so we can be well prepared.

[billyc]

I was checking the USCIS processing time for our cases.

 

CSC showing Jan 19,2010

NSC showing no I-130

TSC showing May 16, 2012

VSC showing August 6, 2012,

 

It seems will take way more time that 4-6 months?

[dnoblett]

Thanks Dan,

 

I am still try to understand the NVC process. As I understand, in my case, once the cases go to NVC, they will send DS-3202 to my wife and ask me to submit the I-864. Do we need to first mail in the DS-3202, then opt in the e-process to submit the I-864, 169, DS230 and other documents. If we opt in for the e-process (we prefer), how should I make the payment for the Visa process?

 

Sorry asking so many questions so early. I just want to understand the next stage of the process, so we can be well prepared.

Once USCIS finishes and approves they will send you a letter indicating this, give it a week or NVC should contact you about sending them the I-864 and fees, your spouse will need to generate and send them a DS-3032 designating you as her agent for the rest of the process.

 

Opt into the e-process it will save time, More here: http://candleforlove.com/forums/topic/37703-i29fk3-changes-and-nvc-electronic-processing-for-i-130cr1/

 

 

I was checking the USCIS processing time for our cases.

 

CSC showing Jan 19,2010

NSC showing no I-130

TSC showing May 16, 2012

VSC showing August 6, 2012,

 

It seems will take way more time that 4-6 months?

USCIS times on their site have to do with several different cases, different centers handle different types, more than likely they will have your field office handle the petition.

 

4-6 months, study timelines for better estimate, http://www.visajourney.com/timeline/k1list.php?cfl=1&op1=i&op2=d&op3=5&op4=1&op5=5,6,8,10,11,13,14,15,16,17,18,20,21,22,25,26,27,28,108,110,111,208,210,211&op6=All&op7=China&dfile=No&adv=1

[billyc]

Once again. Thanks for the quick response and reference!

[billyc]

I just received the receipts for my wife and daughter's I-130.

 

Could any one here help me to check if these are correct:

 

1. For my wife, the I-797C "Preference Classification" column "201 B INA SPOUSE OF USC"

and in the body of the receipt, it lists NAME, Date of Birth, Country of Birth, Class (If Applicable), The Class column is blank

 

2. For my dughter, the I-797C "Preference Classification" column "201 B INA MINOR CHILD OF USC"

The Class column is blank as well.

[dnoblett]

Sounds correct, in this case there is no visa class. Visa class has to do with priority classes like F1, F2, F3, or F4, in this case you spouse and child are not in a limited class, they are in the immediate visa class.

[billyc]

Dan, Thanks for double checking for me!

[billyc]

I just stated preparing the I-864. I am going through web sites to understand all the details.

 

I have several questions:

1. I filed the extension for 2012 tax return, due to the complication getting the TIN number for my wife. If I am still not able to file the complete return when the NVC asking for the I-864. How can I address this issue?

 

2. I see there is an I-864EZ form to use the W-2 instead (That should resolve my tax return extension problem). However I am not sure if I can take this route. The three requirements are:

a. You are the person who filed Form I-130, petition for Alien Relative, for a relative being sponsored; (I meet this requirement)

b. The relative you are sponsoring is the only person listed on the Form I-130 petition; (This one is tricky, I filed two I-130, one for my wife, one for my daughter. Each of them is the only person on their I-130. Does that means I meet this requirement? I think I need to submit two I-864, one I-864 for each I-130, correct? )

c. The income you are using to qualify is based entirely on your salary and is shown on one or more Forms W-2 provided by your employer(s) (I meet this requirement. Although I have some other saving income, but I don't need to use that. My salary income only would meet the requirement).

 

Please advise!

 

Thanks in advance.

[dnoblett]

I just stated preparing the I-864. I am going through web sites to understand all the details.

 

I have several questions:

1. I filed the extension for 2012 tax return, due to the complication getting the TIN number for my wife. If I am still not able to file the complete return when the NVC asking for the I-864. How can I address this issue?

 

2. I see there is an I-864EZ form to use the W-2 instead (That should resolve my tax return extension problem). However I am not sure if I can take this route. The three requirements are:

a. You are the person who filed Form I-130, petition for Alien Relative, for a relative being sponsored; (I meet this requirement)

b. The relative you are sponsoring is the only person listed on the Form I-130 petition; (This one is tricky, I filed two I-130, one for my wife, one for my daughter. Each of them is the only person on their I-130. Does that means I meet this requirement? I think I need to submit two I-864, one I-864 for each I-130, correct? )

c. The income you are using to qualify is based entirely on your salary and is shown on one or more Forms W-2 provided by your employer(s) (I meet this requirement. Although I have some other saving income, but I don't need to use that. My salary income only would meet the requirement).

 

Please advise!

 

Thanks in advance.

1) You could file Married filing separately, and later amend the return.

 

2) Just the W-2 will not fly, I-864EZ has the same requirements as the I-864.

a) I-864EZ still requires full returns or transcripts. Look further down the form at #19

b) Correct, you filed two petitions for two visas, so will provide two I-864EZ or I-864

c) Correct, assets cannot be used for the I-864EZ

 

In my wife's case we used the I-864EZ when she adjusted status. I have seen at least one post where NVC or the consulate seemed to not understand the I-864EZ and ended up requiring the I-864.

[billyc]

Even more confusing, it seems I have to use the I-864W instead because I have earned 40 quarters of coverage under the SSA.

 

Does this mean I don't need to worry about submitted my tax returns or W-2s?

[billyc]

Further study, the I864W with 40 SSA coverage is for Visa applicant to earn it, which is my wife. That does not applied to her then.

 

However, my daughter should fall into this: "You are sponsoring a child who will become a U.S. citizen immediately upon entry under the Child Citizenship Act of 2000 (CCA)". So I should file the I864W for my daughter?

[dnoblett]

Further study, the I864W with 40 SSA coverage is for Visa applicant to earn it, which is my wife. That does not applied to her then.

 

However, my daughter should fall into this: "You are sponsoring a child who will become a U.S. citizen immediately upon entry under the Child Citizenship Act of 2000 (CCA)". So I should file the I864W for my daughter?

Correct on the spouse, and good find, correct on the child too.

 

I-864EZ for wife, and I-864W for child.

[billyc]

Thanks for the confirmation!

 

It looks like I need to file the tax return ASAP no matter it is I-864 or I-864EZ for me.