NVC & USCIS Please!!!! SO confused!!!!!

[BBurns 4]

I'm a little confused about all this, and believe me, I have been reading all the posts about the process to do all this about NVC,

I got married (with a USA citizen) first in my country (Mexico), December 11th, 2010, and then I came to California with my tourist visa and my B2 permission

to stay 6 months in USA, and got married in California on December 17th, 2010, we started with the process on January cause it takes two

weeks to get our marriage certificate, so we hired this legal assistant who helped us with all the process of the I-130 and we sent everything in January 13th, 2010.

We received the notifications and finally in June 9th we received the approved notification from USCIS telling us that my case was going to be sent to NVC now,

no more "business" with them, so here we go, again with the legal assistant now to fill out the other papers, but, for then, I found Visa Journey and tried to learn and

understand all the process to know what she was going to talk about. We went with this nice person last week she told us about the support affidavit and also she asked

us if we wanted to sent also a form to ask for an employment permission (bills are huge!!!) so I can get a social security number and start working while waiting for my

green card, we agreed and my husband payed $395 more for that form, she told us that it takes less than two months to get the temporary employment permission, so

sounded great, the problem was when I started to ask about NVC and the process, she asked us to make to checks, one for that employment thing ($395)and the other one

for $1070 for the USCIS?????? That was my first surprise, isn't the USCIS out of the case now? What about the NVC? Also asked about the Cd. Juarez interview and she told

me that no, that she was going to ask for our interview in the Laguna Hills Center (we are in Irvine).

Now since yesterday my husband receive 2 emails of the NVC (I was waiting for them as I read about the process), In the first one they just sent us all the numbers, NVC case

number, Invoice I.D. Number and Beneficiary I.D. Number, the instructions to choose address and agent, the DS-3032 form and all the ways to keep in touch with them, then

we received another email with the Affidavit of Support Processing Fee Bill Invoice, where I read that I have to pay the $88 and then later as I read here in the forum another

amount for $404????

I emailed our legal assistant and told me just to choose myself as an agent and give our current address to receive all the papers, and that for now don,t do anything else,

but I read that if we don't pay the $88 the NVC will not even start with the case, she told me (the legal assistant) that she does everything through Homeland Security???

Did I miss something? Is she wrong? Is there another way to do all the process? And why are we paying $1070 to USCIS instead of paying the NVC fees?

I don't know if she is wrong or as they tell me sometimes I read so much from the internet that I misunderstand the whole thing, I know that she is good, and this is not her first

case, I saw that she has other people processes so it works, but I also know that many people (Visa Journey) cannot be wrong cause they are actually going with the process,

so I'm asking for some advice, as everybody I'm looking for the easiest and fastest way to get everything done. Thank you!!!!!!

[Inky 1,110]

Sounds like she mixed up the entire thing. You don't have to pay for the EAD if you are applying for it at the same time as the AOS. It should of been ONE fee for 1070$.

Not to mention she is sending your AOS after the approved I-130 instead of filing the AOS WITH the I-130!

Seems as though she is trying to adjust your status from inside the USA but taking a much longer rout and not doing it too correctly.

[Anh map 2,098]

The person "helping" you is very confused and asking you for checks that aren't needed. I would think twice before continuing with this person.

USCIS is the agency that oversees immigration and is a part of Homeland Security.

[tan&tuyet 15]

I wouldn't pay that lady another dime and go with what you read on VJ because she is wrong

[BBurns 4]

I knew it!!! So she is completely confused!!! (more than me). So you if I don't misunderstood this, it is going to take us more time to get all the

process than all you! And also we are going to ignore the NVC process. We paid the fee for the employment application cause she told us

that is a faster way to start working while I wait to get my green card.

So your advice is to "fire" her (we already paid for her "services" $600) and continuing doing the process by ourselves, or keep doing it with her?

[Darnell 8,478]

The person helping you has seen a new revenue stream, billed you for it, and you paid it.

Basically, she's got you on the 'Adjustment of status' path, when you should remain on the 'CR-1 visa' path.

Both culminate in a green card, one depends on lawful presence in USA.

Please note that casefiles bound for CDJ (such as yours) can be pegged for Electronic Processing - you'll need to call NVC and inquire about OPT IN (some are mandatory, some are optional)

[BBurns 4]

What does OPT IN in NVC means, and what is that for?

So here I think that here the only and EXPENSIVE benefit is that we don't need to go to Cd. Juarez?

And what about NVC? We are going just to ignore everything that they are sending? As I said before I don't want to

pay more than that, she told us that it was just that. My husband (me too) is very pissed with all this situation. We

are checking pros and cons, (expenses) we paid that but we will save the money of Cd. Juarez trip, but it's a long way

to do it and for her taking advantage of our ignorance. Are more cons in the whole situation. I'm going next week with

her cause she asked for my vaccination card and medical exams so I just want to know what to tell her about all the mess

that she did. I mean we already paid the money, no idea how to take it back so I need to make her work for it.

Thank you for your advise.

[Darnell 8,478]

NVC has some processing to do, specifially for paperwork intake on the Visa Application.

Once that's finished up, a visa interview occurs at CJD/Juarez.

---

EP refers to 'electronic processing' specifically at NVC (as opposed to postal) .

Mexico-bound casefiles have EP available to them - but either:

--it's mandatory or

--it's OPTIONAL. If optional, and you wish to use it, ya gotta OPT IN.

---

Please look at the Guides Section here, nowish... there are two guides you should study, dealing with 'location of spouse' for a USCitizen. Find those, hit them hard these next 24 hours.

--

FWIW - medical exams (in your case) in USA are for an Adjustment of Status case. If you've not gone past the I-94 date, I would not concern yerself at all with Adjustment of Status.

Edited July 2, 2011 by Darnell

[BBurns 4]

Ughhhh my I-94 just expired 5 days ago!!!

anyway Thank you and will study that!

FWIW - medical exams (in your case) in USA are for an Adjustment of Status case. If you've not gone past the I-94 date, I would not concern yerself at all with Adjustment of Status.

[Done--Really 331]

Now you have decisions to make !! I tried to follow your entire time line, but it is difficult...if you can start from the beginning, then we can see how big a mess you are in, if any.

With the I-94 expiring, the clock is ticking towards an overstay mess that could get you banned for three years if you overstay 180 days depending on the exact details of your entry, your marriage(s). If the marriage in Mexico was 100% legal and recognized by that government, then that is the marriage that counts--not the one in the US, and therefore you may might be charged with misrepresentation--or not !!

Please lay out everything in a simple line by line format--the marriages, the filing dates for each immigration document, the exact date of entry into the US--including any other times you have been here, including any illegal entries if there were any--everything, and the EXACT dates are crucial.

Unfortunately you are playing with fire at this point, and you might be beyond helping yourself, and in need of a lawyer--the details will tell us.

[BBurns 4]

Now you have decisions to make !! I tried to follow your entire time line, but it is difficult...if you can start from the beginning, then we can see how big a mess you are in, if any.

With the I-94 expiring, the clock is ticking towards an overstay mess that could get you banned for three years if you overstay 180 days depending on the exact details of your entry, your marriage(s). If the marriage in Mexico was 100% legal and recognized by that government, then that is the marriage that counts--not the one in the US, and therefore you may might be charged with misrepresentation--or not !!

Please lay out everything in a simple line by line format--the marriages, the filing dates for each immigration document, the exact date of entry into the US--including any other times you have been here, including any illegal entries if there were any--everything, and the EXACT dates are crucial.

Unfortunately you are playing with fire at this point, and you might be beyond helping yourself, and in need of a lawyer--the details will tell us.

Married in Mexico 100% legally on December 11 2010

Came to USA legally on Dec. 16 th, 2010

Married in USA on Dec. 17th, 2010

Filed the I-130 on Jan. 13, 2011

Approved on June 9th, 2011

We filed the case with the same legal assistant, My I-94 expired June 15th (6 months after my entry)

I came other times July, September, by airplane so I returned all my I-94 when I was back in mexico.

We just sent my USA wedding certificate for the I-130

I visited often USA cause I lived close the border so we used to go shopping all the time, never entered illegaly to USA

[Anh map 2,098]

Married in Mexico 100% legally on December 11 2010

Came to USA legally on Dec. 16 th, 2010

Married in USA on Dec. 17th, 2010

Filed the I-130 on Jan. 13, 2011

Approved on June 9th, 2011

We filed the case with the same legal assistant, My I-94 expired June 15th (6 months after my entry)

I came other times July, September, by airplane so I returned all my I-94 when I was back in mexico.

We just sent my USA wedding certificate for the I-130

I visited often USA cause I lived close the border so we used to go shopping all the time, never entered illegaly to USA

Your legal marriage (your claim) in Mexico predates the US marriage. So the documentation that you sent for your US marriage is for a marriage that isn't legit because you were already married. Another possible problem for you.

[paojack 41]

I THINK you did not need to file for tHE i130, you should have just applied for the AOS instead. How do u do that? I'm not sure but I know people that have done it like you (married in mx, go to usa on a tourist visa and file for AOS) and no problems at all. Its a bit confusing

Edited July 3, 2011 by paojack

[BBurns 4]

I THINK you did not need to file for tHE i130, you should have just applied for the AOS instead. How do u do that? I'm not sure but I know people that have done it like you (married in mx, go to usa on a tourist visa and file for AOS) and no problems at all. Its a bit confusing

Awww, Thank you for saying that, I mean I was uncertain about the way she is doing all this, and seriously, we know people that were in the same situation and they got the green card, but with all this I feel not uncertain but bad and

affraid of everything this, I'm seeing myself banned, deported and all that things, at least I'm reading all the opinions and will take note to ask her about everything next week, maybe we made everything wrong but the thing is that she

was recommended by a person who actually was in the same situation and went with her and she did all his paperwork and he got the green card, how? thats what I would love to know. Anyway, thank you for everything and we,ll see

what is next in this thing. At this point I'm not just confused I think that I won't be able to sleep until I talk with her.

[Kengux 3]

You need to leave the country asap! NVC will continue with your case because it'll be sent to Mexico where you'll have your CR1 interview.

Nevertheless, the marriage you had in US won't count towards obtaining your visa because you were married before in Mexico. Please read the guides very well and trust me, you'll be fine.

Goodluck!