IR-1 visa, based in Athens Greece, did we miss a step?

[jofra 0]

Hello!

I am in the process of applying for an IR-1 visa as the wife of a US citizen and I am not sure my husband and I have done things in the correct order.

So my husband filed the I-130 and he then got an email with the approval notice and a case number for me, as well as a package of forms and information that instructed us to fill DS-260 online and collect all the documents which we would then send to the US embassy in Athens (we live in Greece), where my interview would take place.

Now, with that case number (ATH............) I was able to fill form DS-260 and got an email confirmation. After some delays because of health and family issues we started collecting documents, but looking up the process online I was trying to find DS-261, but it's not available on the ceac page (where my DS-260 was). It doesn't appear at all.

From what I gathered reading forum posts, maybe we were supposed to call NVC and get an Invoice Identification Number, which he haven't done because this was nowhere in our instructions list. Could it be that because the Embassy in Athens is a 'hub' for applications from several countries where you get interviews, pay fees, etc. and so I don't need an agent? I really have no idea!

Also - concerning the form I-864. My husband doesn't have income in the US, so my mother in law is the joint sponsor. Just to get the terminology right - my husband is a sponsor, being a beneficiary/petitioner, even if it's solely my mother in law that sponsors me financially?
Now, my understanding is she will file her own copy of I-864 and my husband will file his own. My husband's will be in the pack we're going to send to the US embassy in Athens, right? Will my mother-in-law's copy be sent directly to NVC or to the embassy here? Also, do you know if we're supposed to send copies to the NVC?

I am sorry for bombarding you with questions, I'm just really confused and stressed about this because of the delay we faced.

Thank you so much for taking the time to read this and thank you in advance if you have some answers for me!

Best regards

Jo

[Anh map 2,098]

The US taxes on worldwide income. So if your US citizen husband has been earning $10K+ in any of the past 3 years he needs to be filing tax returns. This matters for the I-864 regardless if there is a joint sponsor. He may not owe tax as there are treaties that prevent double taxation (up to a point) but he may need to file tax returns for 2012 - 2015.

Mother in law's affidavit of support should accompany the petitioner's.

See the links in my signature below to get more information about the I-864 and the income tax filing.

Edited February 23, 2016 by Anh map

[MrsCrabs 24]

Hello!

I`ll try to help though I`m a wife of USC from Moscow. ))

- https://ceac.state.gov/ceac/

here I see 4 lines for immigrant visa - first in line is about filling DS-261 (choice of agent)

So is your husband is in the USA right now? With filling ford DS-261 you choose someone, usually your husband there as a address to get all post about your process that goes in paper.

- after having a NOA-2 about your I-130 being approved, for all further actions you should have 3 numbers from NVC. You can wait and get them on mail but usually people prefer to call NVC and get them as soon as possible, making NVC work faster. So these three numbers are - 1) case number starts with letters of your embassy ATH, 2) ID number 3) IIN - invoice for paying fees.

- about AOS papers. Your husband should fill I864 showing no income, he is still your sponsor. Your mother-in-low fills another I864 showing her income and marking in it that box saying she is a co-sponsor. You should send originals of both AOS with wet signatures to NVC. Also another set of originals AOS with wte signature should be sent to you so you show it in Embassy when it`s time for interview. Also you should have all the financial supporting docs both times - sent to NVC and in your hands.

This is how it worked in my case.

[jofra 0]

Thank you both for your responses. I will definitely check the links you mention. We are aware (now!) that he needs to have filed his taxes so we are in the process of working with an IRS approved accountant to backfile for these years. I don't think his income here will justify further taxation in the US (yay low salaries in Greece - NOT!).

My husband is in Greece, so I guess my agent would be my mother in law? It has to be someone in the US, right? When I log into ceac.state.gov I get this text:

To process your case, each applicant accompanying the principal applicant to the United States will need to complete the online IV Application (form DS-260). The IV Application may be partially completed and finished later, or may be completed at one time. However, once submitted, please contact your Consulate or U.S. Embassy if you need to update the form.

After submitting the DS-260, provide all supporting documentation (as listed on the Documents the Applicant Must Submit web page) for each applicant to your Consulate or U.S. Embassy.

If any additional information is required, the applicant (or the applicant’s agent), will be notified.

I have completed DS-260 so there's no other form there to fill in. We might just have to call NVC and ask about the other numbers (other than case #) and also about the documents because my instructions don't list anything about sending to NVC, stating too that for documents in Greek I don't have to provide translations. Jesus, if I do have to send Greek docs to NVC I will have to have them officially translated, stamped with apostile, etc. It's all very complicated! Thank you again for your help.

[NikLR 13,227]

~~moved to DCF from IR1/CR1 process and procedures~~

I assume since you are both in Greece you filed directly with the consulate. Which means you do not deal with the NVC at all. Don't bother calling them.

[jofra 0]

Thank you so much NLR for clearing this. So this means that my mother in law should probably forward her copy of I-864 to us and we would include it in the pack of documents we'll send to the consulate?

Edited February 24, 2016 by jofra

[NikLR 13,227]

Yes. That would be the best.

[7Ken 15]

If I'm not mistaken the DS-260 is the form you fill out and if you choose an agent it becomes a DS-261.

Someone please correct me if this is incorrect?

[NikLR 13,227]

DS-261 is the choice of agent and if at the NVC is filled out before the DS-260 which is the visa application.

EDIT:

Sorry I hadn't had coffee yet before I replied. Now that I've read the above post I've edited my answer.

Edited February 27, 2016 by NLR

[Marrienne 112]

Isn't the DS-260 the actual online Visa application??

We are also doing DCF in Athens, as we live here (hubby is the USC). I sent you a PM!

[NikLR 13,227]

Isn't the DS-260 the actual online Visa application??

We are also doing DCF in Athens, as we live here (hubby is the USC). I sent you a PM!

Yes it is.

I edited the last post now that I can make sense of written items due to the wonders of coffee

[Marrienne 112]

I am just SO excited to find someone else from Athens doing DCf at the same time as us!!!

[jofra 0]

Hello!

So, correct me if I'm wrong, but from what I gather the DS-261 probably doesn't apply in my case since we're applying through the consulate here in Athens.

Currently we're dealing with hubby's taxes and then after the I-864 is completed we'll have everything ready - hopefully on time to get an interview before it's too late.

Thank you again for your responses, and very nice to meet a fellow Greek going through the same process, Marrienne!

[Marrienne 112]

Hello!

So, correct me if I'm wrong, but from what I gather the DS-261 probably doesn't apply in my case since we're applying through the consulate here in Athens.

Currently we're dealing with hubby's taxes and then after the I-864 is completed we'll have everything ready - hopefully on time to get an interview before it's too late.

Thank you again for your responses, and very nice to meet a fellow Greek going through the same process, Marrienne!

We had it all filed out but they didn't take it.

[7Ken 15]

DCF is different than regular filling and I notice the the DS-260 is different also.

If doing a regular filing the first question is choosing an agent, then you have to pay for the application, then you can actually fill it out and submit it.

When I received my conformation of acceptance of my I-130 email I also received a case #, in my case MNL (Manila) followed by 10 numbers.

You wont be able to complete the DS-260 without your case # and passport #.

Again DCF is different than regular filling and all fees will paid at your consulate, not the State dept.

When you fill out the DCF DS-260 one of the last questions they ask is if you want to use an agent.

I have finished all that and while I did not choose an agent I've never seen mention of a DS-261.

Maybe if you choose an agent the form becomes a DS-261?

That part I'm not sure of but the one you need to fill out for DCF is the DS-260. It is your actual Visa application.

Edited February 29, 2016 by 7Ken