I am NEW to this.... Looking for HELP

[Danny & Dri 0]

I am looking to see if I can get some help here or suggestions. I am not up to speed with all of the abbreviations used and would like a little guidance if someone has the time please.

Here is the deal:

I was told this would take 5 months to get my Fiance from Brazil to here in California so we can get married but I am finding out this is not going to happen so fast.

12/23/09 - Submitted Paperwork to: California Service Center

12/28/09 - Received Receipt ( I guess this is my 1st NOA??? )

3/25/10 - Received another "Notice of Action" so the USCIS can capture my BIOMETRICS (Fancy word for FINGERPRINTS) on 4/8/10

4/8/10 - BIOMETRICS appointment is done

4/16/10 - Case was transferred to VERMONT SERVICE CENTER location for processing because they now have jurisdiction over the case.

Why the heck is it taking so long?

From what I have seen, nobody has commented that there file has ever been transfered... What does this mean?

Am I on Track for 5 months or could something be wrong?

Also, I am told that they will ask me for tax returns to show income to support that I can afford to support my fiance but I have been unemployed all last year, I filled for an extension just the other day and I was wondering if you think they will accept my previous years returns? I made plenty in "08" "07" & "06"...

Any comments are welcomed and appreciated!

thank you all...

[Alcheringa 39]

Your case is atypical. Generally speaking, biometrics is not requested from the Petitioner during the USCIS's investigative phase. It is impossible for a third-party to intuit what caused the increased scrutiny, but I'm sure some folks with more experience can chime in with possibilities. But my first guess is that some feature of your case triggered it, or there was a redundant name hit, or the like. Do you have a criminal record of any sort?

As for the expectation that the K-1 would be completed in 5-months, that's probably a middling guess. Some folks move faster, some much slower. And with the uniqueness of your case, the background check may involve a bit more time than you were hoping for. No timeline is definite. The 5-months you are referring to is the number quoted on the USCIS's website, but it isn't always adhered to.

Regarding your I-134 Affidavit of Support that will need to be presented at the Interview, unless you have significant cash (or liquid) assets that can be resolved within a year without undue hardship or financial loss, your unemployed status last year will be a lick on you. And it may be in your best interest to secure a cosponsor, even if you only keep it in reserve in the event that the consular officer deems your finances insufficient. Again, I do not know your situation so I can't say where you stand.

The Interviewer will be more interested in your current income as opposed to year's past as that is an indicator of how well your fiancée will be supported should the visa be granted today. And then secondarily he/she will take into account any assets you have, with cash savings being the most useful and real estate, personal property, etc. being less so, as physical things have a depreciating value. You won't have to itemize these things for the K-1 I-134, but for the AOS you would need to be more specific -- so it's best not to exaggerate.

If you offer more info on your financial status -- i.e. the extent of your savings or assets -- everyone will be able to characterize that part of it a little better for you. But if there's any doubt, get a cosponsor.

Lastly, you've reached the point where some folks would recommend contacting your Senator. The degree to which they choose to assist depends upon the case, how busy their staffers are, and the alignment of the planets, but it is worth a try. Go to his/her official website and download their Privacy Act Release Form, sign it, and fax it back to their office. It's required in order for them to represent you in an official capacity. Some of these PAR's have a field where you can describe your case, some have a separate form, or you can include a cover sheet. Can't hurt to use every resource at hand.

[Penguin_ie 5,994]

5 months would be very fast, though not impossible. 6-8 months is more typical fora normal petition.

As PP said, your case is a-typical; I have only once before heard of a case where the petitioner was asked to do biometrics. Due to this, I very much doubt your case will be done in 5 months, sorry.

[Bernie C 24]

I agree - have not heard of many cases where the petitioner was requested for biometrics. Is there anything from the past that you are aware of that would have flagged you for this? As metnioned, may be something that came up during a background check.

If there is something, maybe best to start working on addressing it. If not it could be some form of error.

As far as the income requirement, you would need a co-sponser if you cannot show income or assets that meet the criteria. Past returns are good for establishng income history (more applicable at AOS for the I-864) but you will need to show proof of current income at the time of interview or have a co-sponser.

Once you get through this phase and get NOA2 (that would be the Notice of Action indication petition approval), the case would be sent to the NVC (National Visa Center) and then forwarded to the consulate in Brazil. Then they (the consulate) would send your finacee instructions on how to apply for the nonimmigrant visa and what other documents are needed.

[Danny & Dri 0]

Thank you all VERY much for your comments...

So I would like to clarify 3 things then:

1) In regards to the BIOMETRICS - I did have a little hiccup from my past but I was told this should not affect anything. To make long story short, back in my college days, I got busted for streaking two times in one month... NOT GOOD & STUPID.... I know....

This is the only ding I have on my record and this was almost 20 yrs. ago but I am sure this must be why they requested this extra step... From what I have been told though, this should not get me a denial...

2) Also another question about being unemployed last year...

I did work a little on the side last year and this year as a "1099" but I do not receive a paycheck every 2 weeks...

What can of things will they be looking for when I sit down with them?

I can show bank statements that show about $4000 - $5000 a month being deposited every month but not by a typical payroll check. I can also get a letter from the employer who pays me and I know they will write for me on paper that I have been working for them for the past two years almost and will support the income I show being deposited. So will bank statements be sufficient along with a Letter from my employer? Will they be ok with this? Will they want to see more and dig deeper?

I was told I only need to show I think it was about $25,000 GROSS a yr...

3) Why would my case be transferred to Vermont? They said they have jurisdiction now... Is this a good thing or bad thing?

Thank you all again for your time and support!!!

[pushbrk 12,975]

Thank you all VERY much for your comments...

So I would like to clarify 3 things then:

1) In regards to the BIOMETRICS - I did have a little hiccup from my past but I was told this should not affect anything. To make long story short, back in my college days, I got busted for streaking two times in one month... NOT GOOD & STUPID.... I know....

This is the only ding I have on my record and this was almost 20 yrs. ago but I am sure this must be why they requested this extra step... From what I have been told though, this should not get me a denial...

2) Also another question about being unemployed last year...

I did work a little on the side last year and this year as a "1099" but I do not receive a paycheck every 2 weeks...

What can of things will they be looking for when I sit down with them?

I can show bank statements that show about $4000 - $5000 a month being deposited every month but not by a typical payroll check. I can also get a letter from the employer who pays me and I know they will write for me on paper that I have been working for them for the past two years almost and will support the income I show being deposited. So will bank statements be sufficient along with a Letter from my employer? Will they be ok with this? Will they want to see more and dig deeper?

I was told I only need to show I think it was about $25,000 GROSS a yr...

3) Why would my case be transferred to Vermont? They said they have jurisdiction now... Is this a good thing or bad thing?

Thank you all again for your time and support!!!

Being transferred to Vermont is generally a good thing. Unless streaking falls under the Adam Walsh act, it would not be a reason for denial. Your income must be "documented" not merely "shown". Faked employer letters are a very bad idea. If you need a job to qualify, get a job. If not, get a qualified cosponsor.

[Danny & Dri 0]

Being transferred to Vermont is generally a good thing. Unless streaking falls under the Adam Walsh act, it would not be a reason for denial. Your income must be "documented" not merely "shown". Faked employer letters are a very bad idea. If you need a job to qualify, get a job. If not, get a qualified cosponsor.

Im sorry... Did not mean to imply that the letters are fake... I really work, it is just a side job that pays here and there. I do receive about $3500 min. sometimes $5000 a month but it is not a regular payroll every two weeks. I guess I do more contract work here and there. Basically I am self employed... so what is required? do i need tax returns? i filled an extension for last yr. will they make me file them or will they accept 2008? do i need money in a savings account seasoned?

Thank you very much,

[Deputy Purple 1,294]

I'm going to go out on a limb here and say you probably want to start gathering the court records for your streaking incidents. As stupid as it is in more places than not public nudity falls under AWA (The Adam Walsh Act also known as the Child Protection Act of 2005).

If this is the case then prepare for a NOID (Notice of Intent to Deny) at which time you'll be provided a chance to present evidence that you are not a threat to your beneficiary. For more information on this look in the IMBRA Forum.

Unfortunately this means that your Visa Journey just became long and difficult...

Of course I could be wrong but I think the biometrics request on you supports this theory.

[Danny & Dri 0]

Your case is atypical. Generally speaking, biometrics is not requested from the Petitioner during the USCIS's investigative phase. It is impossible for a third-party to intuit what caused the increased scrutiny, but I'm sure some folks with more experience can chime in with possibilities. But my first guess is that some feature of your case triggered it, or there was a redundant name hit, or the like. Do you have a criminal record of any sort?

As for the expectation that the K-1 would be completed in 5-months, that's probably a middling guess. Some folks move faster, some much slower. And with the uniqueness of your case, the background check may involve a bit more time than you were hoping for. No timeline is definite. The 5-months you are referring to is the number quoted on the USCIS's website, but it isn't always adhered to.

Regarding your I-134 Affidavit of Support that will need to be presented at the Interview, unless you have significant cash (or liquid) assets that can be resolved within a year without undue hardship or financial loss, your unemployed status last year will be a lick on you. And it may be in your best interest to secure a cosponsor, even if you only keep it in reserve in the event that the consular officer deems your finances insufficient. Again, I do not know your situation so I can't say where you stand.

The Interviewer will be more interested in your current income as opposed to year's past as that is an indicator of how well your fiancée will be supported should the visa be granted today. And then secondarily he/she will take into account any assets you have, with cash savings being the most useful and real estate, personal property, etc. being less so, as physical things have a depreciating value. You won't have to itemize these things for the K-1 I-134, but for the AOS you would need to be more specific -- so it's best not to exaggerate.

If you offer more info on your financial status -- i.e. the extent of your savings or assets -- everyone will be able to characterize that part of it a little better for you. But if there's any doubt, get a cosponsor.

Lastly, you've reached the point where some folks would recommend contacting your Senator. The degree to which they choose to assist depends upon the case, how busy their staffers are, and the alignment of the planets, but it is worth a try. Go to his/her official website and download their Privacy Act Release Form, sign it, and fax it back to their office. It's required in order for them to represent you in an official capacity. Some of these PAR's have a field where you can describe your case, some have a separate form, or you can include a cover sheet. Can't hurt to use every resource at hand.

Thank you very much!

[Lars-N-Yenia 8]

I am looking to see if I can get some help here or suggestions. I am not up to speed with all of the abbreviations used and would like a little guidance if someone has the time please.

Here is the deal:

I was told this would take 5 months to get my Fiance from Brazil to here in California so we can get married but I am finding out this is not going to happen so fast.

12/23/09 - Submitted Paperwork to: California Service Center

12/28/09 - Received Receipt ( I guess this is my 1st NOA??? )

3/25/10 - Received another "Notice of Action" so the USCIS can capture my BIOMETRICS (Fancy word for FINGERPRINTS) on 4/8/10

4/8/10 - BIOMETRICS appointment is done

4/16/10 - Case was transferred to VERMONT SERVICE CENTER location for processing because they now have jurisdiction over the case.

Why the heck is it taking so long?

From what I have seen, nobody has commented that there file has ever been transfered... What does this mean?

Am I on Track for 5 months or could something be wrong?

Also, I am told that they will ask me for tax returns to show income to support that I can afford to support my fiance but I have been unemployed all last year, I filled for an extension just the other day and I was wondering if you think they will accept my previous years returns? I made plenty in "08" "07" & "06"...

Any comments are welcomed and appreciated!

thank you all...

wow...5 months....that would be fast...good thing you didnt file a year or two earlier...good luck