I-130 is finally approved after 10 months.

[billyc]

Hi, Every Friend here.

 

After a long 10 months wait and NBC for no reason sending my wife and kid's I130 to field office for judication, I received the notice from my local field USCIS office to have an interview with me. I just finished the interview and was told both cases are approved. The officer who interview me told me there was no extra notes on our cases and he didn't understand why the NBC took so long and why they didn't approve the case by themselves and sooner.

 

When I filed my application, my daughter was only three month old, she is now 13 month old. I missed all the happy time being with her since she and my wife are still in China.

 

Since I filed I130s myself (I checked with the USCIS field officer, there was no errors on our applications), I would like to have your help again to complete the Visa application process.

 

I have a few questions for the Visa process:

 

1. My wife and daughter are living in Shanghai, even there is a consulate in Shanghai, their interviews will still be in Guangzhou, correct?

2. Is the efiling for the Visa still available for our cases?

3. I have not yet filed my 2013 tax return. I did obtained 2010-2012 tax transcript. It is obvious not enough time to get the tax transcript even I am filing now. Can I send in the 2013 tax filing without the IRS approval?

4. What kind of time frame currectly for getting the green card visa after the I130 approval?

 

Thank you in advance!

[dnoblett]

1) Correct, even though there are several consulates in China, only Guangzhou handles immigrant visas.

 

2) Yes, once USCIS approves and sends to NVC, you can opt-in to electronic process to help speed up the remaining processing.

See: http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/submit/how-to-submit-documents-to-the-nvc.html About how to opt in to the electronic process.

 

Start here for NVC process: http://travel.state.gov/content/visas/english/immigrate/immigrant-process/approved.html They have made that site very step-by-step.

3) Transcripts are optional, you can send a copy of your return (1040 AND any W2 and 1099s). However this comes up when NVC requests the I-864 to be sent to them.

 

4) It all depends on how quickly you respond to NVC, and how quickly an interview can be scheduled after the case gets to the consulate.

• A month or two dealing with NVC
• and perhaps a month or 2 dealing with the consulate
• if you don't opt into electronic process, then add 2-3 months for the case to get from NVC to the Consulate, it may get hung up in customs.

[billyc]

Dan,

 

Thank you so much for such quick response!

[Randy W]

Hi, Every Friend here.

 

After a long 10 months wait and NBC for no reason sending my wife and kid's I130 to field office for judication, I received the notice from my local field USCIS office to have an interview with me. I just finished the interview and was told both cases are approved. The officer who interview me told me there was no extra notes on our cases and he didn't understand why the NBC took so long and why they didn't approve the case by themselves and sooner.

 

When I filed my application, my daughter was only three month old, she is now 13 month old. I missed all the happy time being with her since she and my wife are still in China.

 

Since I filed I130s myself (I checked with the USCIS field officer, there was no errors on our applications), I would like to have your help again to complete the Visa application process.

 

I have a few questions for the Visa process:

 

1. My wife and daughter are living in Shanghai, even there is a consulate in Shanghai, their interviews will still be in Guangzhou, correct?

2. Is the efiling for the Visa still available for our cases?

3. I have not yet filed my 2013 tax return. I did obtained 2010-2012 tax transcript. It is obvious not enough time to get the tax transcript even I am filing now. Can I send in the 2013 tax filing without the IRS approval?

4. What kind of time frame currectly for getting the green card visa after the I130 approval?

 

Thank you in advance!

 

 

Dan already said this, but I'll repeat for emphasis. You are filing NOW - a copy of your tax return will be available NOW. The tax return carries the same information that is on the transcript and with the same legal significance. You do not need to wait for the transcript.

[billyc]

Randy,

 

Thanks for the TIP. I will fill the return ASAP.

[dnoblett]

One more tip, NVC tends to only require this year's return only if sending them the I-864 after April 14 (Tax day) if you are sending them the I-864 before that date they tend to have no issues with the prior 3 years returns, along with current income info (Recent pay stubs, and employer letter)

[billyc]

I have several questions regarding the I-864:

1. I-864W is for applicant who earned 40 quartars SSA, not the sponsor who earned 40 quarters SSA. Correct? My wife has never worked in USA. In our case, She has to file I-864?

2. My daughter is only 1 years old and I am a US citizen. She is qualified to file I-864W. However, does that mean if we file I-864W, she will automatically become a citizen upon the first entry of the US. What if we want her to keep Chinese citizenship at the moment?

3. If filing the I-864W automatically grants my daughter citizenship upon the first entry, can we file I-864 instead?

 

Thanks in advance!

[dnoblett]

1. I-864W is for waiving the I-864, is for cases where the prospective immigrant has qualified for waiver.

• Prospective immigrant has been in the states on a non-immigrant visa that allowed work, (Work Visa, Student visa, or some other non immigrant status that allowed getting an EAD) and can be credited for 40 quarters of work.
• Or the immigrant is adjusting status, and has no spouse sponsor due to unusual circumstances, (Spouse had passed away, separated or divorced due to abuse, etc.)
• Child of US citizen who would become a citizen upon entry to the USA on an immigrant visa.

You wont be using this form for your spouse however could use it for child, however the I-864 asks if there are any other immigrants, immigrating at tame time as principle immigrant.

2. Yes, you can use an I-864W for child, however child is immigrating at same time as your spouse, so you would count the child on your spouse's I-864 as an immigrant. If child were immigrating at a later time beyond 6 months after your spouse, then you would use the I-864W

3. You will be using one I-864 to sponsor both immigrants.

 

I-864:

Part 2 will be your spouse.

Part 3 section 2.a. you will be your child.

Part 5

1. 2 Your spouse and child
2. 1 Yourself
3. 0 You do not count your spouse twice, already counted on line 1
4. 0 You do not count child twice, already counted on line 1

Once child has entered the USA, simply apply for her citizenship document (N-600) or a US Passport to prove citizenship.

[billyc]

I have several questions regarding the efiling with the NVC.

 

Here is a list of the document I will need to send to the NVC for my wife:

1. I-864

2. DS-260

3. two photos.

4. Copy of Valid Passport - Question: Chinese passport has English subtitile, no need to translate?

5. Notarial Birth Certificate (Translated)

6. Notarial Marriage Certificate (Translated)

7. Notorial Divorce Decree (Translated) - Question: Both I and my wife devorced before, will we just send her divorce Decree or both?

8. Nortarial Police Certificate (translated) - Question: Is there an expiration of the Policy Certificate? We are waiting for the NVC's initial letter, should we start to obtain the police certificate now or wait till receive NVC's letter?

 

I think that is all the documents we need to scan and efile with the NVC. What about the original I-130 documents? I don't need to include that in the efiling to the NVC?

[billyc]

1. I-864W is for waiving the I-864, is for cases where the prospective immigrant has qualified for waiver.

• Prospective immigrant has been in the states on a non-immigrant visa that allowed work, (Work Visa, Student visa, or some other non immigrant status that allowed getting an EAD) and can be credited for 40 quarters of work.
• Or the immigrant is adjusting status, and has no spouse sponsor due to unusual circumstances, (Spouse had passed away, separated or divorced due to abuse, etc.)
• Child of US citizen who would become a citizen upon entry to the USA on an immigrant visa.

You wont be using this form for your spouse however could use it for child, however the I-864 asks if there are any other immigrants, immigrating at tame time as principle immigrant.

2. Yes, you can use an I-864W for child, however child is immigrating at same time as your spouse, so you would count the child on your spouse's I-864 as an immigrant. If child were immigrating at a later time beyond 6 months after your spouse, then you would use the I-864W

3. You will be using one I-864 to sponsor both immigrants.

 

I-864:

Part 2 will be your spouse.

Part 3 section 2.a. you will be your child.

Part 5

1. 2 Your spouse and child
2. 1 Yourself
3. 0 You do not count your spouse twice, already counted on line 1
4. 0 You do not count child twice, already counted on line 1

Once child has entered the USA, simply apply for her citizenship document (N-600) or a US Passport to prove citizenship.

Dan,

 

Thank you so much for the answers. Prior to your post, I thought I would need to file two I-864 just as I filed two I130. If I read your post correctly, I only need to file one I-864 for both of them? In our cases, do you know whether the NVC will assign them two case numbers or just one? Will I need to file two set of DS-260 & DS-261 or just one set?

[dnoblett]

You will be doing two DS-260 since there are two visas being applied for I beleive they will assign two GUZ/GZO case numbers.

 

The I-864 will be sent prior to the rest of the process.

 

Typically:

1. NVC contacts you for the I-864
2. You send I-864
3. You pay an $80 processing fee for the I-864
4. Spouse will do DS-261 making you agent for further processing, I believe she will also do a second DS-261 for child.
5. Pay Visa fees
6. You will get GUZ numbers
7. You will then OPT into electronic
8. You our spouse will do DS-260 for each visa
9. You or spouse will scan to PDF the requested documents, better for spouse to do this since she will need to bring the originals to the visa interview.

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/fees.html

[dnoblett]

I have several questions regarding the efiling with the NVC.

 

Here is a list of the document I will need to send to the NVC for my wife:

1. I-864

2. DS-260

3. two photos.

4. Copy of Valid Passport - Question: Chinese passport has English subtitile, no need to translate?

5. Notarial Birth Certificate (Translated)

6. Notarial Marriage Certificate (Translated)

7. Notorial Divorce Decree (Translated) - Question: Both I and my wife devorced before, will we just send her divorce Decree or both?

8. Nortarial Police Certificate (translated) - Question: Is there an expiration of the Policy Certificate? We are waiting for the NVC's initial letter, should we start to obtain the police certificate now or wait till receive NVC's letter?

 

I think that is all the documents we need to scan and efile with the NVC. What about the original I-130 documents? I don't need to include that in the efiling to the NVC?

1. Correct
2. Two DS-260
3. Passport photos for each applicant. (2" x 2" 50mm x 50mm)
4. Chinese passports, yes no need to translate, they are already bi-lingual
5. Notorial birth certs get them translated at the notarial office, they will bind each in a white book. (I would get an extra copy of each for use in the states.
6. Get marriage cert translated at the notorial office, and bound like #5
7. They will need one from each of you, kind of nuts since you had to attach them to the I-130, and yes as with 5 and 6 you can get this done at the notary office.
8. Police cert is considered valid for up to 1 year, so yes you can get this now if you want, and again have it translated at notary office.

Yes this is the typical list for NVC and consulate, and no you do not need to send them a copy of the I-130 petition, they will get it from USCIS

[billyc]

Dan,

 

Thanks for all the answers!

 

Some more clarification. In your outline of the process, step 7 opt in for the electronic filing, Setp 8 is to file two DS-260. Is this DS-260 filing electronic or by mail? If it is electronic, how can I send them the photos of the applicants? I read from State web site, once opt in for the electronic filing, everything should be scan and send via email. Does that mean I send them the scan of the photo as well?

 

 

You will be doing two DS-260 since there are two visas being applied for I beleive they will assign two GUZ/GZO case numbers.

 

The I-864 will be sent prior to the rest of the process.

 

Typically:

1. NVC contacts you for the I-864
2. You send I-864
3. You pay an $80 processing fee for the I-864
4. Spouse will do DS-261 making you agent for further processing, I believe she will also do a second DS-261 for child.
5. Pay Visa fees
6. You will get GUZ numbers
7. You will then OPT into electronic
8. You our spouse will do DS-260 for each visa
9. You or spouse will scan to PDF the requested documents, better for spouse to do this since she will need to bring the originals to the visa interview.

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/fees.html

[dnoblett]

DS-260 and DS-261 are both online, no mail, no physical forms to fill out.

 

http://travel.state.gov/content/visas/english/forms/online-immigrant-visa-forms.html

[Randy W]

 

Dan,

 

Thanks for all the answers!

 

Some more clarification. In your outline of the process, step 7 opt in for the electronic filing, Setp 8 is to file two DS-260. Is this DS-260 filing electronic or by mail? If it is electronic, how can I send them the photos of the applicants? I read from State web site, once opt in for the electronic filing, everything should be scan and send via email. Does that mean I send them the scan of the photo as well?

 

 

 

 

Yes - any hard copy or original that they need will need to be turned in at the interview, unless it is requested sooner.