Can someone help me update the NVC flowchart on VJ?

[NikLR 13,228]

http://www.visajourney.com/content/i130guide1

This guide also needs to be updated. There are no OF forms anymore. Users now submit a Ds-261 choice of agent form and DS-260 visa application both online.

Pretty please!!

[Captain Ewok 1,900]

@NLR, can you give me a "was" "is" change (copy the old text and then post the changed text)? I'll revise the guide asap after you post the info here .

[Captain Ewok 1,900]

Alright, just spent like 3 hours () creating the wiki and I think I got everything. Here it is: http://www.visajourney.com/wiki/index.php/NVC_Process If I missed anything, let me know.

Since I actually used all the information from my recently pinned topic, I'm thinking maybe the pinned topic can just be deleted and just this wiki be used instead. That way, I can keep this wiki always up to date.

Ok, I added your guide to the main Guides page and removed the old links. Take a look at your old pinned thread:

http://www.visajourney.com/forums/topic/486029-nvc-guides-faqs/

I added a note at the top. Should I removed the entire first post and just link to the guide?

[Saylin 1,605]

Ok, I added your guide to the main Guides page and removed the old links. Take a look at your old pinned thread:

http://www.visajourney.com/forums/topic/486029-nvc-guides-faqs/

I added a note at the top. Should I removed the entire first post and just link to the guide?

Well, everything from both posts (links and FAQ) can be found in the wiki I wrote. The FAQ just isn't in a question/answer format, but the information is all there. If anything, yes, remove the first post and just leave the link to the wiki. But, I'm sure that over time, things will change (especially time frames), and since I can't edit a locked thread, and even if there was a way, it'd be easier if I updated just the wiki.

[Captain Ewok 1,900]

Ok, I revised your post to just direct folks to the Guide . The rest is removed (backed up the info in a hidden post if you need it).

VERY nice work!!

[Saylin 1,605]

Ok, I revised your post to just direct folks to the Guide . The rest is removed (backed up the info in a hidden post if you need it).

VERY nice work!!

Awesome! Thank you!

[NikLR 13,228]

@NLR, can you give me a "was" "is" change (copy the old text and then post the changed text)? I'll revise the guide asap after you post the info here .

Okay this is long but here you go. Please make sure I have it correct before posting.

---

WAS:

What Happens After You Mail the I-130 Out?

A few weeks after you have sent your petition to the USCIS you will receive a Notice of Action (aka NOA) letter indicating that they have begun processing your I-130 application. You can check the status of your application as well as other processing time information here.

When your I-130 petition is finally approved, the service center that processed your petition, will send you another Notice of Action letter indicating your approval, and the forwarding of your approved petition to the National Visa Center (NVC) in Portsmouth, New Hampshire, along with a phone number to contact the NVC with. Your case will now only be dealt with by the NVC. The service center that you filed with, will have no more knowledge on the status of your petition or case.

A few weeks after you have received your last Notice of Action indicating the approval and forwarding of your I-130 application to the NVC, the NVC will send your relative a packet of forms that you and your relative must fill out before your relative can be given an interview date with a consulate abroad. The packet will likely contain an Of-169 form, and an Of-230 part one and two forms that must be filled out by the intending immigrant. An I-864 form is also included that must be filled out by the petitioner (living in the US). The I-864 is the Affidavit of Support form that requires copies of the petitioners past 3 U.S tax returns (or tax transcripts which are free from the IRS) as well as any bank or financial records available (see the I-864 for exact requirements based on your case). The petitioner must make at least 125% above the U.S federal poverty to indicate to the U.S government that the intending immigrant will not become a federal charge to the government when he/she arrives in the U.S.. If the petitioner cannot meet these requirements, then he/she must still file an I-864, and find a joint sponsor who can meet the requirements on his/her own. When a joint sponsor is needed ,proof of their U.S citizenship or permanent residency is required. (i.e. copy of birth certificate, immigration status etc). The joint sponsor must be residing in the U.S, and he/she must also submit his/her past 3 years U.S tax returns along with bank or any other financial records available. The joint sponsor must submit his/her own I-864 form to accompany the petitioner's I-864 form.

Forms that may be either sent back (or requested to be gathered and kept for the interview) to the NVC or the consulate abroad (depending upon which consulate you are going through) before an interview date with a consulate abroad can be scheduled are as follows:

Pre-Interview Forms / Items:

1.

Completed and signed OF-169.

2.

Completed and signed Of-230 Part 1 and 2 forms.

3.

I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required.

4.

A copy of intending immigrants biographic page of passport(s) including expiration date.

5.

Original or certified "long" birth certificate. *

6.

Original adoption decree. (if applicable)

7.

Marriage certificate. (if applicable)

8.

Divorce decree(s) or death certificate(s) (if applicable)

9.

Police certificate(s) **

10.

Court and prison records.(if applicable)

11.

Custody records. (if applicable)

12.

Military records (if applicable)

* Per the Foreign Affairs Manual (FAM), they may also be unavailable. Or certain countries don't have individual birth certificates as understood in the US, but the FAM will describe the suitable document. The consulate can explain the alternate requirements to the beneficiary in detail.

** On police clearances, as per the FAM, they may be unavailable. Or with some countries [Korea comes to mind], they will be sent directly to the consulate from the involved government. The consulate can explain the alternate requirements to the beneficiary in detail.

After the NVC or Consulate Abroad receives the above forms and supporting documents (which may not all be required to mail back at that time), an interview date will be scheduled for the intending immigrant at a consulate abroad. The NVC or the consulate abroad will send your relative a letter indicating at what time and day the interview is scheduled for, and of required forms that must be brought to the interview. Make two copies of each original document or piece of evidence below and bring them with you. Documents needed are:

Interview Forms / Items:

1.

Valid Passport.

2.

Original or certified "long" birth certificate. *

3.

Original adoption decree. (if applicable)

4.

Original or certified copy of the marriage certificate. (if applicable)

5.

Original death certificate. (if applicable)

6.

Original divorce decree. (if applicable)

7.

Police certificate. **

8.

Court record(s) (if applicable).

9.

I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required. (see poverty limits here)

10.

Court and prison records.(if applicable)

11.

Medical examination information

12.

Two passport-type photos (see specification) of the spouse or benefitiary

* You should have the originals on hand at this point for the Final Interview. Per the Foreign Affairs Manual (FAM), they may also be unavailable. Or certain countries don't have individual birth certificates as understood in the US, but the FAM will describe the suitable document. The consulate can explain the alternate requirements to the beneficiary in detail.

** On police clearances, as per the FAM, they may be unavailable. Or with some countries [Korea comes to mind], they will be sent directly to the consulate from the involved government. The consulate can explain the alternate requirements to the beneficiary in detail.

On The day of your relatives (or spouses) interview, he/she must bring EVERY document listed above that applies to your case, and should be prepared for a long wait. There may be additional forms required. The interview appointment sheet will contain a list of everything you must bring. It will also tell you the payment amount due and the forms of payment accepted.

The interview can last for as littles as 10 minutes or up to an hour depending upon your specific case. You relative will take an oath under US law to tell the truth, and it is very important that your relative answer every question as truthfully as possible. In general, it is a good idea that your relative bring documentation to prove strong ties and a relationship with you, the petitioner. (i.e. phone bills, letters etc.) If the consulate officer approves your relative's immigrant visa application, your relative will be issued an immigrant visa that allows your relative to become a US permanent resident. Your relative will become a U.S permanent resident only when he/she enters the U.S at a port of entry, until this time, he/she only has an immigrant visa that is valid up to 6 months from the interview date. If your relative cannot immigrate to the U.S within the 6 month allotted time, then his/her immigrant visa will expire, and the I-130 process must start all over again.

At the bottom of either a CR-1 visa or IR-1 visa is the following sentence, "Upon Endorsement Serves As Temporary I-551 Valid For One Year." The endorsement is a standard CBP admission stamp with applicable information written in by the officer. This allows the visa itself to act as a temporary green card before the actual green card arrives in the mail. Additionally, if your relative is a CR-1 visa holder, the green card will only be valid for two years. Within ninety days before the green card expires, you will have to file an I-751 form to remove it's conditional status.

As a general note, please see the I-130 FAQs here.

---

AFTER

What Happens After You Mail the I-130 Out?

A few weeks after you have sent your petition to the USCIS you will receive a Notice of Action (aka NOA) letter indicating that they have begun processing your I-130 application. You can check the status of your application as well as other processing time information here.

When your I-130 petition is finally approved, the service center that processed your petition, will send you another Notice of Action letter indicating your approval, and the forwarding of your approved petition to the National Visa Center (NVC) in Portsmouth, New Hampshire, along with a phone number to contact the NVC with. Your case will now only be dealt with by the NVC. The service center that you filed with, will have no more knowledge on the status of your petition or case.

A few weeks after you have received your last Notice of Action indicating the approval and forwarding of your I-130 application to the NVC, you can start calling or emailing the NVC about the status of your case. You need to obtain the case number and the invoice identification number. It can take up to 8 weeks for these but normally only 30 business days.

The forms for the beneficiary (primary visa applicant) include two online forms. The DS-261 is a Online Choice of Address and Agent form required by the NVC. You must submit this form if you do not have a lawyer attached to your case. It takes approximately 1-4 weeks for this form to be accepted. Once accepted the Immigrant Visa bill will be invoiced. After the IV bill is paid the DS-260 Visa Application will become available. This is also an online form. Once the IV is paid the Immigrant Visa (DS-260 Supporting Documents) can also be sent to the NVC.

There is also a $88 fee for the Affidavit of Support. (AOS) The petitioner will need to sign a completed I-864, Affidavit of Support. There are several versions of this so make sure you have the correct one from the USCIS website. The I-864 is the Affidavit of Support form that requires copies of the petitioners past 3 U.S tax returns (or tax transcripts which are free from the IRS) as well as any bank or financial records available if using assets (see the I-864 for exact requirements based on your case). The petitioner must currently make at least 125% above the U.S federal poverty to indicate to the U.S government that the intending immigrant will not become a federal charge to the government when he/she arrives in the U.S. or provide proof of 3 times the difference (or full) in the assets. If the petitioner cannot meet these requirements, then he/she must still file an I-864, and find a joint sponsor who can meet the requirements on his/her own. When a joint sponsor is needed ,proof of their U.S citizenship or permanent residency is required. (i.e. copy of birth certificate, passport bio page, green card, etc). The joint sponsor must be residing in the U.S, and he/she must also submit his/her past 3 years U.S tax returns (along with bank or any other financial records available if using assets.) The joint sponsor must submit his/her own I-864 form to accompany the petitioner's I-864 form. It is also advisable to provide proof of current income if not qualifying on assets alone. This includes pay stubs and/or a letter from the sponsor's employer as to their current position, time with company, and yearly income.

The IV and AOS packages need to be mailed or couriered to the NVC so they can be reviewed. The packages should be sent with the bar coded cover sheet available after paying the AOS or IV invoices. Send the packages after the invoice shows as PAID to avoid any issues.

Pre-Interview Forms / Items:

1

Completed DS-261

2

Completed DS-260

3

A copy of intending immigrants biographic page of passport(s) including expiration date.

4

Original or certified "long" birth certificate. * + photocopy

5

Original or certified copy Adoption decree. (if applicable) + photocopy

6

Original or certified copy Marriage certificate. (if applicable) + photocopy

7

Original or certified copy Divorce decree(s) or death certificate(s) (if applicable) + photocopy

8

Original Police certificate(s) **

9

Court and prison records.(if applicable)

10

Military records (if applicable)

11

I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required.

* Per the Department of State US Visas website, as described on the Reciprocity by Country table, a birth certificate may be unavailable or certain countries don't have individual birth certificates as understood in the US, but the Reciprocity table will describe the suitable document and how to obtain it. Long form means that both parents names should be on the birth certificate if available. A certified copy is a copy that is issued from the original issuer of the document. It is not a notarized copy.

** On police clearances, as per the Reciprocity table, they may be unavailable. Or with some countries [Korea comes to mind], they will be sent directly to the consulate from the involved government.

NOTE: some countries must or are eligible to email their documentation vs mailing it in a process called Electronic Processing. The list of countries who may use electronic processing is found here:

If there is an issue with something the NVC will issue a “checklist” and ask for the item to be corrected. After each section is reviewed in full, your case will be completed and an interview will be assigned. The NVC or the consulate abroad will send your relative a letter (called Packet 4 or P4) indicating at what time and day the interview is scheduled for, and of required forms that must be brought to the interview. At this time a beneficairy may make a medical appointment unless their country allows for advance medicals (most do not.) A medical must be performed by a panel physcians approved for your country. The P4 letter should let the beneficiary know of which doctors in their country are available for the medical. Also any originals sent to the NVC will be sent to the embassy or consulate. You do not need to obtain another set of originals to take to the interview. Make two copies of each original document or piece of evidence below and bring them with you. Documents needed are:

Interview Forms / Items:

1

Valid Passport with at least 6 months until expiration

2

Photocopy of: Original or certified "long" birth certificate. *

3

Photocopy of: Original adoption decree. (if applicable)

4

Photocopy of: Original or certified copy of the marriage certificate. (if applicable)

5

Photocopy of: Original death certificate. (if applicable)

6

Photocopy of: Original divorce decree. (if applicable)

7

Photocopy of: I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required. (see poverty limits here)

8

Medical examination information

12

Two passport-type photos (see specification) of the spouse or beneficiary(ies)

13

Original + photocopy of Custody agreement or letter

14

Any relationship evidence you wish to present

On The day of your relative's (or spouse's) interview, he/she must bring EVERY document listed above that applies to your case, and should be prepared for a long wait. There may be additional forms required. The interview appointment sheet will contain a list of everything you must bring.

The interview can last for as little as 10 minutes or up to an hour depending upon your specific case. You relative will take an oath under US law to tell the truth, and it is very important that your relative answer every question as truthfully as possible. In general, it is a good idea that your relative bring documentation to prove strong ties and a relationship with you, the petitioner. (i.e. phone bills, letters etc.) If the consulate officer approves your relative's immigrant visa application, your relative will be issued an immigrant visa that allows your relative to become a US permanent resident. Your relative will become a U.S permanent resident only when he/she enters the U.S at a port of entry, until this time, he/she only has an immigrant visa that is valid up to 6 months from the interview date. If your relative cannot immigrate to the U.S within the 6 month allotted time, then his/her immigrant visa will expire, and the I-130 process must start all over again.

At the bottom of either a CR-1 visa or IR-1 visa is the following sentence, "Upon Endorsement Serves As Temporary I-551 Valid For One Year." The endorsement is a standard CBP admission stamp with applicable information written in by the officer. This allows the visa itself to act as a temporary green card before the actual green card arrives in the mail. Additionally, if your relative is a CR-1 visa holder, the green card will only be valid for two years. Within ninety days before the green card expires, you will have to file an I-751 form to remove it's conditional status.

There is also a fee called the “USCIS Immigrant Fee” of $165 which is payable on a special USCIS website called ELIS. Information about this fee and how to pay it can be found here: USCIS Immigrant Fee. This fee must be paid within the first year of arrival or else the beneficiary (the immigrant) will not receive a green card. It normally takes from 1-6 months to receive the card after POE or fee payment, whichever comes later.

As a general note, please see the I-130 FAQs here.

I can't get the tables to work properly.... I'm sorry. I can grab you the word file if it's easier.

[PallasAthena 101]

Thank you so much. This is really much appreciated. I'm grateful for all of your hard work on this. You guys all earned tons of good karma points.