US citizen, Korean wife. Unsure where to start.

[cwistofu 0]

For her consular interview, when the website says she needs an original or 'certified copy' of the marriage certificate, what exactly is a 'certified copy'?

[Ian H. 207]

A "certified copy" is a duplicate of the original certificate on file with the civil authority and certified by them. It's basically in the format of an original document, meaning it's not a regular photocopy. So it's like getting a brand new certificate similar to the first one you get. Same thing for the birth certificates.

[cwistofu 0]

Thank you, Ian.

I just received the documents in the mail from my wife and am in the process of filling out the I-130 and the G-235a. I have come across a couple more stumbling blocks:

1. In the G325a, when the form refers to 'applicant,' is it referring to the beneficiary (my wife), or the person's name at the top of the form? In other words, do I put my wife's previous addresses and employment history on both G325a forms, or do I put my own history on my own G325a and her history on form?

2. Just to double check, if our goal is just to get her LPR (and not naturalization), we do not need to file an I-485, correct?

I am incredibly nervous that I will screw up part of the process and end up wasting time and money, so please believe me when I say that we GREATLY appreciate all of your help.

[Ian H. 207]

1. It's one G325A form for each of you. Therefore, your info on your form and her info on her form.

2. An I-485 is an application to adjust status to an LPR for someone who is currently in the US. Since your wife will be applying for an immigrant visa abroad and is not currently in the US, she does not need this form. As for naturalization, she wouldn't be eligible for at least 3 years after becoming an LPR and living in the US.

The only form you have to submit for now is the I-130, plus any supporting docs and forms that this petition requires. You will need:

-Form I-130 filled out with your info and wife's info.

-Proof of your US citizenship (refer to instructions)

-Copy of marriage certificate

-Proof of all previous marriages legally terminated for both of you, if any (divorce, annulment, death certificate)

-Any document not in English must be translated (refer to instructions)

-One passport photo for each of you (refer to instructions)

-Form G325A for each of you

-Proof of bona fide marital relationship (refer to guides and form instructions)

-Form G1145, optional but should submit for text/email notification prior to receiving in mail

-Fee of $420

Please note that any documents or proofs you submit only need to be regular photocopies, unless the instructions specifically say that they need an original.

I don't think I'm forgetting anything, but I will post a link with the guides on how to properly submit an I-130 petition and what to expect out of the immigrant process.

Please read everything the links below as well as the instructions for each form carefully and make a checklist of the documents you will need and verify that you submit everything and that it is properly filled out to avoid delays in your case.

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

http://travel.state.gov/content/visas/english/immigrate/immigrant-process.html

http://travel.state.gov/content/visas/english/immigrate/types/family/immediate-relative.html

[cwistofu 0]

You're my hero.

[cwistofu 0]

Hi, again. I filed the papers and got the confirmation email from USCIS confirming they accepted my wife's application. This was October 9.

I also received the I-797C Notice of Action form in the mail from USCIS, with a priority date of Oct. 7. USCIS cashed my check on Oct. 10.

However, I still cannot check my case status on the USCIS website. Whenever I try, I get the "your case cannot be found at this time" error message. Should I be worried? I have also tried calling the number provided by the error message, but it's all automated and I get the same result using my receipt number.

[Ian H. 207]

Some people have been having issues checking their case status due to the new website. The important thing is that you have the hard copy NOA1, this way you know for sure your case is being processed. You can call the number on the NOA1 instead and speak to a customer service rep.

[cwistofu 0]

Good news, our petition got approved and the case has been sent to the NVC.

I guess now we wait for the NVC to mail a packet to my wife in Korea? Why not mail it to the petitioner in the States? As it is, we are going to have to wait for the packet to arrive, then have my wife mail it to me to complete the forms and send it back to the NVC. I guess big picture it's just a few more cents on the dollar, but it seems weird that they wouldn't just send the packet to the petitioner. In any case, a few clarifying questions, if you fine folks don't mind:

1. Can I just print the forms in the packet out, saving us the waiting time and shipping costs? (OF-169, OF-230 pt1 and pt2, I-864 Affidavit of Support of myself and my parents)

2. Which of the above forms do we mail back to the NVC, and which of them does my wife (beneficiary) take with her to the consulate interview?

3. Are these all the additional documents I need, notwithstanding the Affidavit of Support docs:
- Original marriage cert, translated and notarized
- Original birth cert, translated and notarized
- Copy of beneficiary's passport

4. Will the packet have information regarding the medical examination requirement?

As always, thank you sincerely for your incredible help. Best.

[Darnell 8,478]

On a pc? Click the link below

[Ryan H 3,810]

Good news, our petition got approved and the case has been sent to the NVC.

I guess now we wait for the NVC to mail a packet to my wife in Korea? Why not mail it to the petitioner in the States? As it is, we are going to have to wait for the packet to arrive, then have my wife mail it to me to complete the forms and send it back to the NVC. I guess big picture it's just a few more cents on the dollar, but it seems weird that they wouldn't just send the packet to the petitioner. In any case, a few clarifying questions, if you fine folks don't mind:

1. Can I just print the forms in the packet out, saving us the waiting time and shipping costs? (OF-169, OF-230 pt1 and pt2, I-864 Affidavit of Support of myself and my parents)

2. Which of the above forms do we mail back to the NVC, and which of them does my wife (beneficiary) take with her to the consulate interview?

3. Are these all the additional documents I need, notwithstanding the Affidavit of Support docs:

- Original marriage cert, translated and notarized

- Original birth cert, translated and notarized

- Copy of beneficiary's passport

4. Will the packet have information regarding the medical examination requirement?

As always, thank you sincerely for your incredible help. Best.

Read this: http://www.visajourney.com/wiki/index.php/NVC_Process

[cwistofu 0]

Update:

My aunt has agreed to act as a joint sponsor and has provided me with her past three years of tax returns and a copy of her US passport. However, she is married.

Do I also need to provide financial information from her husband to file, or is it enough that my aunt, alone, makes above 125% the poverty line? And do I need to have her husband fill out an I-864A?

I ask because 1) the guide linked above says it's optional, but the I-864 asks for an Annual Household Income in Part 6.10, and 2) Part 5 determines her Household Size to be 3 (aunt, uncle, my wife-beneficiary).

Thank you so much!

[Darnell 8,478]

i say prep an I-864A for the spouse.

[cwistofu 0]

Okay, will do.

A couple more questions:

First, on the I-864, Part 3 (1)

1. I am sponsoring the principal immigrant named in Part 2.
[ ] Yes [ ] No (Applicable only in cases with two joint sponsors)
Who should check off Yes? Me? My aunt? Both of us?

Second, for Part 6 for myself, I am currently a student and am working at a law firm as a summer associate.

Does that make me employed, or unemployed? I realize Part 6 is supposed to be me trying to show that I meet 125% of the poverty line, and I know I don't on what I'm earning this summer (and thus, what I put here is moot), but I just want to make sure I don't represent myself incorrectly to the government.

Third, since my aunt is serving as a joint sponsor, I am assuming that it is no problem that I am not providing any of my own tax returns (because I have been a student all my life). Is that correct?

Finally, I got an email from USCIS with a pdf containing at IV invoice for my wife for $325. But when i go to the nvc.state.gov website and log in, I don't have an option to pay the fee. (I see a section showing that I've paid the $120 AOS fee, but there is nothing that shows up under the "IV Application Processing Fees" below it.) Is paying the IV Invoice something I should be worried about now, or is it something to be taken care of after sending in the I-864+supporting documents?

We're so close for my wife, and now I'm getting even more nervous that I'll screw up something minor that will prolong this process unnecessarily. Your guys' help is greatly, sincerely appreciated, as always!

[Ryan H 3,810]

Answers:

1. You both tick yes.
2. Employed
3. If you have no tax returns to provide, then you write a letter stating why you were not required to file. Otherwise, you need to provide tax returns, even if you don't meet the required threshold on your own.
4. That email did not come from USCIS, they are out of the equation at this point, it came from the NVC. Keep checking the payment portal, sometimes it will take a while for that fee to become available. You may need to even call the NVC to get them to make it available in the event it does not become available within a reasonable amount of time.

[cwistofu 0]

Awesome, thank you.

I just realized the tax returns my aunt gave me are for her S Corporation, and not her individual tax returns. Is this an issue? Will I need to ask her for her individual tax returns as well?

And in the case that the S Corp tax return is fine, I'll still need to get my uncle's individual tax returns for her I-864A, right?

Finally, once all this is figured out and sent to the NVC, approximately how long should I expect the rest of the process to take before my wife is cleared?