I-130 filled while I lived in Miami, now I am in Brazil???

[DianaP 0]

Hello VJ members..

I lived in the united states for 12 years, never stayed illegally... Once my I-751 was denied I choose voluntary leave with no Bam period and left to Brazil in September of 2007 following the bad advice of a lawyer we had used to file for our I-130 in February of 2007 ( because I found out later that since I had made a legal entry and never overstayed I could just have stayed while my I-130 was pending and never had to leave as I did)...

Well at that time I thought I was doing the right thing ,,,, today with the devastation of the separation of our family and seeing my 22 month old son cry for daddy I am in much regret and pain...

My case is in VSC, being adjuticated this week after we have complied with the RFE they sent us last week... we called and verified that they got everything so we should have an answer within two weeks they said...

Once my case goes to NVC I am totally confused of what will happen since I am in Brazil now... The I-864 my husband has sent to me since we thought I would need to present that in the Rio de Janeiro embassy at the interview... with all the required docs... Now I have read that since the petition was filled there (In the US and not through the Embassy) that my husband will have to send the I-864 and DS230 there... What will really be the case???

I have been approved last week for expedite proceedings, and will also seek to get the same approval from NVC so I need to know what will NVC need from my husband so I can send it to him (he is in Miami I am in Brazil, I am the beneficiary), now and avoid wasting more time...

Well it says in the website that if your case was filled by an attorney as ours were we will not need to appoint anyone... so we can skip that step and now what???

Please someone help in knowing the next step once we have a NVC case number what should we do? What will them need from us? and where we will present this, send it to NVC or present at the interview here?

Best regards to all and best of luck to all of us in this agonozing process.

[YuAndDan 153]

First part of your post confuses me a bit, I-751 has to do with removing conditions on a conditional 2 year green-card.

However you were partly correct about I-130, if adjusting status and filing I-130 AND I-485 you could have stayed in the USA.

And yes, I-864, and DS-230 goes to NVC along with several other items as part of IR-1 or CR-1 visa processing.

SEE: http://travel.state.gov/visa/immigrants/info/info_3190.html

[DianaP 0]

First part of your post confuses me a bit, I-751 has to do with removing conditions on a conditional 2 year green-card.

However you were partly correct about I-130, if adjusting status and filing I-130 AND I-485 you could have stayed in the USA.

And yes, I-864, and DS-230 goes to NVC along with several other items as part of IR-1 or CR-1 visa processing.

SEE: http://travel.state.gov/visa/immigrants/info/info_3190.html

Sorry for the confusion... I was a residency once through my first marriage that is the one that the I-751 was denied since I had filled on 2003 and only in 2007 they responded with a request for further evidence when I was already divorced from my first husband and married to my second husband which is the one that is petitioning the I-130 for me now...

Would I also need these docs at the interview here in brazil???? I am confused because I do not know if he needs to keep the I-864 and his income taxes there or send them to me?

Thanks for your reply

[Todd-Leah 0]

First part of your post confuses me a bit, I-751 has to do with removing conditions on a conditional 2 year green-card.

However you were partly correct about I-130, if adjusting status and filing I-130 AND I-485 you could have stayed in the USA.

And yes, I-864, and DS-230 goes to NVC along with several other items as part of IR-1 or CR-1 visa processing.

SEE: http://travel.state.gov/visa/immigrants/info/info_3190.html

Sorry for the confusion... I was a residency once through my first marriage that is the one that the I-751 was denied since I had filled on 2003 and only in 2007 they responded with a request for further evidence when I was already divorced from my first husband and married to my second husband which is the one that is petitioning the I-130 for me now...

Would I also need these docs at the interview here in brazil???? I am confused because I do not know if he needs to keep the I-864 and his income taxes there or send them to me?

Thanks for your reply

Under normal circumstances, you pay fees, submit the DS-230, I-864 and supporting documents to NVC. These documents will then be forwarded to the consulate.

However, if you plan to apply for expedite processing at NVC, it's different process. If the expedite processing at NVC is approved, you will pay fees and submit all the documents to the consulate. If the expedite request is not approved, you proceed with the normal NVC processing.

PM me if you need help on expedite request for NVC.

Leah