NVC Filers - March 2012

[foobaz123 39]

do you mean you think they reviewed it yesterday that quick?

I mean to say I don't know. It is possible they did, how long would it take to look at a single sheet? Either way, the AVR is still of questionable reliability for such things and the only way to really know is call Monday and talk to an operator.

[alizon 77]

I don't understand why USCIS lets that happen.

It's unfair that embassies can be so tough to go through but on the other hand, USCIS approves AOS so easily. The system is flawed and people take advantage of it. The worst part is that the people who have an opportunity to take advantage are the ones who would go through smooth visa processing anyway...

Okay, my last off topic complaint: one of the craziest things to me is that you get forgiven for a visa overstay if you marry an American and adjust status...and yet, my friend who has been here for 7 years on a J-1 (hasn't overstayed, is still in school), and is now marrying an American woman, can't get his 2 year post-degree home residency requirement waived and adjust his status to stay with his future wife. Following the rules = getting no favors from the US gov; breaking the rules = favors.

(Since it's the weekend and nothing is happening at NVC, I don't feel so bad going off-topic. )

Edited March 3, 2012 by alizon

[foobaz123 39]

I don't understand why USCIS lets that happen.

It's unfair that embassies can be so tough to go through but on the other hand, USCIS approves AOS so easily. The system is flawed and people take advantage of it. The worst part is that the people who have an opportunity to take advantage are the ones who would go through smooth visa processing anyway...

Quite right. As to why USCIS lets it happen, they've really little choice. The law on AOS and such says it is legal. Absent evidence saying it isn't legitimate they have little choice but to approve what, on its face, looks like a legitimate case. Personally, I think they ought to auto-reject any AOS filed within a short period of coming in on a VWP/B2. Of course, since the standard visit time is often 6 months you'd have to auto-reject anything shorter than that or people would just wait it out.

My belief about it being far easier for a person from a VWP country to come here while married to a USC, as compared to going through an interview and getting a B2, is based on the fundamental difference between POE and interview time. The differences are in the situation immediately at hand, the process in place, and critically the paperwork that must be supplied in both situations.

At interview time you have to disclose a spouse. If asked the purpose of your visit at POE a person even married to a USC could 100% honestly say "to visit friends". That's with the presumption that one's spouse is also one's friend as I would hope. Absent any other reason to suspect you I would wager they'll let you through on that. They don't have comprehensive marriage records on their little computer there after all. It might get more difficult if an IR1/CR1 petition is in play as they might have that on their computer.

If they were turning people away at POE at anywhere near the rate that they get turned away at consulate interview there would be floods of people getting back on planes going back to wherever they came from. Clearly people do get turned away more than I realized and it is entirely possible the problem is even greater than has thus far been indicated. As such, I'm speaking purely in relative terms between POE entry on VWP and trying to get a B2 and going through the interview/paperwork process.

[jen1217 5]

Upon suggestion of a VJ member (thanks foobaz123), I have decided to create a FAQ of the most common questions I see here on VJ concerning the NVC process. If you know of a common question that isn't mentioned here, please inform me through a reply in this thread or PM me. I'd be more than happy to include it here.

FAQ

How long does it take to get a case number assigned after NOA2?

As of the last month or so, it's only been taking 1-2 weeks.

When (and how often) should I start calling NVC about the case number?

Wait a week from your NOA2 date, then start calling. And call every single day afterwards until you get it.

What do I do after my case number is assigned?

Get the IIN from an operator (ask for the 'Invoice Identification Number', not IIN). Give over the email addresses of the beneficiary and petitioner. Email the DS-3032 (from the beneficiary's email address) following the template linked above.

When can I email the DS-3032?

Right after you get your case number. There's a chance it could get rejected (because they got to your email before they're ready to take documents), but if that's the case, just re-send it. On the flip side, there's also a chance it could get accepted and you wouldn't have wasted any time.

Note: if doing online forms (check link above for eligibility), then fill out the DS-261 found online at the above link. Do NOT send the DS-3032.

I got an email from NVC that contains a bar-coded DS-3032 (along with other information). Do I re-send the DS-3032?

NO. Do NOT email another DS-3032. NVC automatically generates these emails and do not care if you've already sent in a DS-3032 or not; they include a DS-3032 anyways. Only if NVC responds to your first DS-3032 with a rejection do you send another one.

After the case number is assigned, how long does it take for the AOS bill to be invoiced?

Usually just a few days.

Help! I can't sign into the payment portal. Why?

If you're getting an error message ("Please be advised that the case that you have attempted to access is not eligible for further processing by the National Visa Center at this time…" or "This case is in the process of termination. Fee payments and online forms can no longer be accepted…"), do NOT panic. This is actually good news! If you just got your case number, then this message means NVC is inputting your case in their system. If you get this message a few days after case number generation, then it's a good possibility that NVC is invoicing your AOS bill. And if this message appears a few days after DS-3032 acceptance, then there's a good chance the IV bill is being invoiced. And finally, if this message is appearing a few days or more after NVC received your packages, this is a good indication of case complete at NVC!

What is needed in the AOS package?

Generally, the following is needed:

With no joint sponsors:

- Bar-coded cover sheet from payment portal

- Cover letter (optional)

- Completed, signed, and dated I-864 form by petitioner

- Tax information* of petitioner (either just the last year OR the last 3 years)

- Employment letter of petitioner (optional, but good proof of CURRENT income)

- Pay stub(s) of petitioner (optional, but good proof of CURRENT income)

With joint sponsors:

- All of the above of the petitioner

- Completed, signed, and dated I-864 of joint sponsor

- Tax information* of joint sponsor (either just the last year OR the last 3 years)

- Proof of US citizenship/residency of joint sponsor (ex: copy of US passport, US birth certificate, US naturalization certificate, or front & back of green card)

- Employment letter of joint sponsor (optional, but good proof of CURRENT income)

- Pay stub(s) of joint sponsor (optional, but good proof of CURRENT income)

If the joint sponsor is a family member, also include proof of that relationship (example: if a parent is a joint sponsor, include the petitioner's birth certificate with parents' name on it to show link)

*You have two choices here of what to send in:

- Tax transcripts ordered from IRS (preferred by NVC and of most consulates/embassies) RECOMMENDED

OR

- Tax returns (1040) and W2s and any other schedules (if applicable)

When does the IV bill get invoiced?

After you send the DS-3032, NVC will most likely respond in a few days with an acceptance email (or rejection). A few days after acceptance, the IV bill will be invoiced.

What is needed in the IV package?

Generally, the following is needed:

- Bar-coded cover sheet from payment portal

- Completed, signed, and dated DS-230 form by beneficiary (do NOT sign or date part 2; this is done at the interview) [note: if doing online forms (DS-260), the DS-230 is obviously not needed]

- Two passport-style photographs (2" x 2") of beneficiary (on the back, write: beneficiary's full name, date of birth, and case number)

- Copy of bio-data page of beneficiary's unexpired passport

- Original or Certified Copy of beneficiary's birth certificate, PLUS A PHOTOCOPY

- Original or Certified Copy of marriage certificate, PLUS A PHOTOCOPY

- Original police certificate(s)

Please read: http://travel.state..../info_3195.html for additional documents if applicable.

If my documents are not in English, do they need to be translated?

NVC's website states:

"All documents not written in English, or in the official language of the country in which application for a visa is being made, must be accompanied by certified translations and submitted to the NVC. The translation must include a statement signed by the translator stating that the:

-Translation is accurate, and

-Translator is competent to translate."

Despite this, I have seen cases of people getting checklists for not having translations of non-English documents. I'd suggest you get everything translated anyways to be on the safe side.

How long does it take for a bill to appear as PAID in the payment portal after paying it?

Usually just a day or two.

Do I have to wait for NVC to email me instructions before mailing packages?

NO. If you wait on NVC for this, it can take WEEKS to get anything from them. As long as the respective bill appears as PAID in the payment portal, you can mail in your package.

Can the packages be sent from abroad or does it have to be from within the US?

Doesn't matter where the package is sent from; NVC just needs to receive it.

Do the packages have to be sent separately or can they be sent together?

Either one or the other works. Again, as long as NVC receives both needed packages, they don't really care. Each way has their pros and cons.

After sending in the packages, how long does it take to get a case complete?

Lately, it's been taking just a week or two.

Do I get an email if my packages have been accepted?

No, not that I have seen. You have to call NVC every day and ask for updates on your case to find out if a package has been reviewed and accepted.

Do I get an email when my case is completed?

Generally, no. Only those doing EP (electronic processing) get the case complete emails. There are some non-EP folk that get case complete emails, but it's rare. Again, to find out if your case is complete, call an operator at NVC and ask.

After the case is completed, what happens?

In most cases: the case is put in a queue to get an interview date scheduled. Once an interview date is scheduled, the case is shipped out to the consulate/embassy.

Who should I be calling to find out my interview date?

You should be calling both NVC and DOS. Both have access to your case information. Their numbers are linked above.

How long does it take to get an interview date after a case complete?

This varies by country and consulate/embassy. Some people find out within a day or two, others a few weeks, then the few unfortunate that wait a few months (ex: Ghana). To get the best estimate for YOUR country is to search, using the timeline feature, when others got case completes and when they got their interview dates scheduled.

When do interview dates get scheduled?

If you talk to operators at NVC, they'll always tell you they ONLY schedule during the second week of each month. This is a LIE. They schedule interviews ALL month long. Many people (like myself) have gotten scheduled during the last week of the month. I repeat, they schedule ALL month long.

How long does it take for NVC to mail my case out after getting an interview date scheduled?

Usually it's the next day, but it can take up to a week or more in rare cases.

-------------------------------------------------------

Please note: the above time frames are just estimates. Do NOT freak out if your case takes a little bit longer. The time frames are constantly changing. They also depend on NVC's work load for that day/week.

-------------------------------------------------------

Summary of NVC process:

- get case number and IIN, give email addresses over

- email the DS-3032

- pay the AOS bill, once it's invoiced

- once the bill appears as PAID, mail the AOS package

- pay the IV bill, once it's invoiced

- once the bill appears as PAID, mail the IV package

- respond to any checklists, if applicable

- get case complete

- get interview date scheduled

thank you all infos are very helpful

[foobaz123 39]

Okay, my last off topic complaint: one of the craziest things to me is that you get forgiven for a visa overstay if you marry an American and adjust status...and yet, my friend who has been here for 7 years on a J-1 (hasn't overstayed, is still in school), and is now marrying an American woman, can't get his 2 year post-degree home residency requirement waived and adjust his status to stay with his future wife. Following the rules = getting no favors from the US gov; breaking the rules = favors.

(Since it's the weekend and nothing is happening at NVC, I don't feel so bad going off-topic. )

Exactly...

I feel the same way about the recent announcements of them making it easier for people who overstayed B2s (or just came illegally in the first place) to stay in country and have a fast track to a green card. Added to my annoyance with that is it was made clear, without actually saying so, that these 'be together through the process' reforms were only for people who cheated the system in one way or another and those who are playing by the rules would not only benefit but would actually be harmed. After all, if the petitions of those who cheated are to be processed with priority (as implied by the article in question) then that would require everyone elses to be slowed down, no?

[Darnell 8,478]

thank you all infos are very helpful

+1 for quoting the entire post.

[JACK HALEY 0]

HI CAN YOU TELL ME THE NVC PROCEDURE RE STAPLES AND CLIPS WHEN SENDING THEM PAPERWORK. THANKS

[Ryan H 3,818]

Is NVC open on saturdays? Is it possible that the IV bill be released for payment on the weekend?

No

Hoping someone can make this understandable for me. I'm looking at the i-864ez for the beneficiary's address would you use their foreign address or the USC's address and write the letter explaining what you have done to show the USC's address as their future domicile?

Thank you in advance,

The beneficiary's address that you write on the I-864EZ is their current address. If the beneficiary's current address is their foreign address, that is the address you write.

I wish AOS from tourist visas/VWP was just automatically denied...

I agree. I even started a thread a while back expressing this view, if you want, you can read it here.

[foobaz123 39]

No

The beneficiary's address that you write on the I-864EZ is their current address. If the beneficiary's current address is their foreign address, that is the address you write.

I agree. I even started a thread a while back expressing this view, if you want, you can read it here.

As I recall we both got a bit flamed in that thread too...

[PantomimeGoose 59]

Anyone know if the K-3 FAQ for which documents to take to the interview applies more or less to the CR-1? If there's a more specific section, I'm not finding it....

[Laure&Colin 558]

No

The beneficiary's address that you write on the I-864EZ is their current address. If the beneficiary's current address is their foreign address, that is the address you write.

I agree. I even started a thread a while back expressing this view, if you want, you can read it here.

I'll make sure I read that!

I'm just thinking about something, do you have to provide police records for AOS? Cause if not, then allowing adjustment from VWP is the perfect way for the US to welcome criminals, rapists and drug dealers coming from VWP countries, which may have secured passport issuance procedures and stable economies but also have just as many criminals as other places in the world... These people would be found ineligible for immigrant visas but can still get through the back door. I don't see a mention of police records in the AOS guides here. Creepy.

[foobaz123 39]

I'll make sure I read that!

I'm just thinking about something, do you have to provide police records for AOS? Cause if not, then allowing adjustment from VWP is the perfect way for the US to welcome criminals, rapists and drug dealers coming from VWP countries, which may have secured passport issuance procedures and stable economies but also have just as many criminals as other places in the world... These people would be found ineligible for immigrant visas but can still get through the back door. I don't see a mention of police records in the AOS guides here. Creepy.

That right there is probably my biggest problem with VWP and AOSing on VWP. Person from VWP country A has virtually no income, few ties to their home country (which economically may not be any better off than China or India) comes over and after bluffing past the POE they're in. Honestly, I'm not sure I can be convinced that at POE (especially at an airport with 500+ people in line) they are going to be anywhere near as thorough as they may be at a visa interview. Yet, I digress. Point being, this is a person who never would have been given a B2, but since they come from VWP country A they can, relatively, waltz in.

Person from Non-VWP/Non-preferred country B is doing well in their home country. They make good money for their location but do not yet own property and is not yet married. They want to come to the US for a visit because why not it's there. They apply for a B2. They are instantly denied at visa interview for "insufficient ties to the home country". Visit canceled.

Meanwhile, person A up there has met someone in the US during their 'visit' and gotten married. They file the AOS paperwork and have their greencard within a few months. At this point things go one of two ways, they either immediately divorce and leave (if bad intent) or things go forward for them and they stay (if good intent). Either way, they got here in a matter of hours and the result is a greencard an no worries.

Person B tries for another B2 and is again denied. They now own an apartment but since they're still not married and have no kids the VO decides that today property isn't enough of a tie to the home country. Person B decides to hell with it and decides to visit a country with more sane visa policies. The US loses tourist dollars, Person B loses the chance to visit an amazing place. Everyone loses. Except Person B.

Edited March 3, 2012 by foobaz123

[Laure&Colin 558]

Well, one thing is that fraudulent immigration from VWP countries is very low, virtually non-existent, certainly not relevant statistically. That's why these countries are kept in the short list, and they can easily be excluded if something happens (say, a real bad economical crisis) that would make moving permanently to the US appealing for their citizens. It happened in the recent past.

I can only talk for my birth country because I don't know about the other ones, but in France, people visit the US as tourists A LOT. I barely know anyone over 30 who hasn't visited New York, or Las Vegas, or made a tour in the West. Because it's affordable even for lower middle class people. Flocks of French tourists come every year to spend their juicy €€€, and for thousands and thousands of visitors on shopping sprees, there might be one fraudulent entry. Still profitable.

Change the rules and don't let them in without a visa? 90% of them won't bother, and they'll go to Canada, Australia, wherever. People from the EU are used to travelling with nothing but their passport, we have access to the entire European continent, many countries in Africa, Asia and the middle East, without the need of a visa. They would just stop coming.

[foobaz123 39]

Well, one thing is that fraudulent immigration from VWP countries is very low, virtually non-existent, certainly not relevant statistically. That's why these countries are kept in the short list, and they can easily be excluded if something happens (say, a real bad economical crisis) that would make moving permanently to the US appealing for their citizens. It happened in the recent past.

I can only talk for my birth country because I don't know about the other ones, but in France, people visit the US as tourists A LOT. I barely know anyone over 30 who hasn't visited New York, or Las Vegas, or made a tour in the West. Because it's affordable even for lower middle class people. Flocks of French tourists come every year to spend their juicy €€€, and for thousands and thousands of visitors on shopping sprees, there might be one fraudulent entry. Still profitable.

Change the rules and don't let them in without a visa? 90% of them won't bother, and they'll go to Canada, Australia, wherever. People from the EU are used to travelling with nothing but their passport, we have access to the entire European continent, many countries in Africa, Asia and the middle East, without the need of a visa. They would just stop coming.

All true. I suppose I could swallow the VWP thing a bit easier if places like Singapore and Brunei weren't in the list. Since it is by entire country the poorest highest risk person from places like those, and others in less well off parts of Europe too, can (if they can get the money together) hop on a plane any time they like. However, an equivalent person from China has practically no chance of doing the same. Unless, oddly, they come as a student. Then it is infinitely easier despite the theoretical risk being practically the same.

What I would suggest is to make getting a visitor visa far simpler and far easier, even if that does mean keeping a bit better track of visitors while they're here. It would tend to beat the alternative of making it practically impossible for most people.

[Olomi_811 130]

The beneficiary's address that you write on the I-864EZ is their current address. If the beneficiary's current address is their foreign address, that is the address you write.

here.

Thank you kindly!