Not sure if my case has been accepted or not at NVC

[pilot787 23]

On 1/20/2023 at 5:15 PM, Eric W said:

Hello,

Could someone help me understand please a couple of things. 

I have 2 cases at NVC (wife and son). Both cases have accepted Affidavit of support and applicant information. I have received an email from one saying that they will now work with the US Embassy in Paris to schedule an interview but not the other case. Do you think that this email is for both cases? I am guessing that they are dealing with both cases as one but I want to be sure. 

Also, has anyone got any idea of the timeframe for interviews at the Paris Embassy? 

Many thanks for your help and best of luck with all your visa processes. 

Hey! We are waiting on the interview in Paris as well, but with Eb-2 visa. We received an e-mil from NVC on Jan 12th that our case is in queue awaiting an interview. Have you received the same e-mail? 

 

 

[Denis74 18]

16 hours ago, Chancy said:

 

For CR1/IR1 and other Immediate Relative cases, it typically takes only around 1 week to get the NVC welcome letter after I-130 approval.  That published timeframe covers other visa categories as well, and they do take 3 months or so, based on reports here on VJ.

 

Thanks a lot ! That is very helpfull !

[Eric W 3]

22 hours ago, pilot787 said:

Hey! We are waiting on the interview in Paris as well, but with Eb-2 visa. We received an e-mil from NVC on Jan 12th that our case is in queue awaiting an interview. Have you received the same e-mail? 

 

 

Hi

Yes we received an email on Jan 6th saying that they were getting in touch with the consulate for an interview date. 

Please let me know when you have news and I will do the same. 

Thanks

[Eric W 3]

Could someone help me understand something please. 

Let me explain the situation again. 

I have 2 open cases (for my 3 year old son and for my wife) and I am an American and French citizen living in France with my wife and son. 

The 2 cases were accepted by USCIS at the same time and went to NVC at the same time in August. 

September: I sent all the information necessary. 

November: They accepted my wife's case but sent 4 messages + said something was missing for my son's case which I sent straight away. My son's case was not accepted at that point.

January: They accepted my son's case and sent me an email saying that they are getting in touch with the consulat for an interview. But I never received that email for my wife. Very strange!

Today: We receive an email asking to go into the CEAC of my wife's case. There were two messages which were the same as two of the messages we received back in November. Here is what they said: 

- might not have a principal residence or be domiciled in the United States. Please submit proof of domicile.

- Please submit every 2021 W-2/1099 form.

for the first message, clearly I am in France as it says in the i130, on my US tax declarations and French tax declaration. I do not know what they want else as proof.

For the second message, they want to know my revenues which are in my affidavit of support, US tax declaration and French tax declaration which clearly says what I earn which is higher than the minimum asked for for a family of 3. I am a company owner in France and we don't have pay slips which means I had to get my accountant to explain in a letter what I earned in 2021. Again, I do not know what else they want. 

Anyway, I do not know what I should do. Can someone advise me? 

Many thanks in advance

[Chancy 6,241]

41 minutes ago, Eric W said:

Today: We receive an email asking to go into the CEAC of my wife's case. There were two messages which were the same as two of the messages we received back in November. Here is what they said: 

- might not have a principal residence or be domiciled in the United States. Please submit proof of domicile.

- Please submit every 2021 W-2/1099 form.

for the first message, clearly I am in France as it says in the i130, on my US tax declarations and French tax declaration. I do not know what they want else as proof.

For the second message, they want to know my revenues which are in my affidavit of support, US tax declaration and French tax declaration which clearly says what I earn which is higher than the minimum asked for for a family of 3. I am a company owner in France and we don't have pay slips which means I had to get my accountant to explain in a letter what I earned in 2021. Again, I do not know what else they want. 

 

To be able to sponsor an immigrant in the US, you must be domiciled in the US, and you (or your joint sponsor) must maintain sufficient income/assets to support the immigrant after moving to the US.  NVC and the consulate requires evidence of meeting both requirements.  What evidence did you submit showing that you will domicile in the US when your wife immigrates?  What evidence did you submit showing that your income will continue after you relocate to the US with your wife?  Foreign income does not count for the I-864, unless you have evidence that the income will continue in the US.

 

Note that these requirements do not apply to your son's case because, unlike your wife, your son will become a US citizen immediately after moving to the US with IR2 visa (derived citizenship based on INA 320).  Children who will immediately become USCs do not require sponsorship with an I-864.

 

[ArethisPT 8]

On 1/24/2023 at 6:30 PM, Denis74 said:

Thank you for your answer !

Hopefully it wont take too long to get an interview date. 

So without any missing document, it would be around 3 months to get DQ'd.

Still waiting for our I-130 to be approved. PD is 9th of June 2022, Nebraska SC so about 2 more month waiting.

Just to share my experience with Cr1/Ir1, I've been approved at USCIS on December 8th and on December 15th I've submitted every document needed and it took exactly 32 days to get DQ, on January 17th and on the same day I got the email from NVC saying that they're going to work with the embassy in Paris to schedule an interview.

 

The million dollar question is, how long until they schedule an interview in Paris?!

[Chancy 6,241]

2 minutes ago, ArethisPT said:

how long until they schedule an interview in Paris?!

 

Check the thread below --

 

[Denis74 18]

3 hours ago, ArethisPT said:

Just to share my experience with Cr1/Ir1, I've been approved at USCIS on December 8th and on December 15th I've submitted every document needed and it took exactly 32 days to get DQ, on January 17th and on the same day I got the email from NVC saying that they're going to work with the embassy in Paris to schedule an interview.

 

The million dollar question is, how long until they schedule an interview in Paris?!

Thank you !

Could you please share when you will get your interview ? 

[Denis74 18]

9 hours ago, Eric W said:

Could someone help me understand something please. 

Let me explain the situation again. 

I have 2 open cases (for my 3 year old son and for my wife) and I am an American and French citizen living in France with my wife and son. 

The 2 cases were accepted by USCIS at the same time and went to NVC at the same time in August. 

September: I sent all the information necessary. 

November: They accepted my wife's case but sent 4 messages + said something was missing for my son's case which I sent straight away. My son's case was not accepted at that point.

January: They accepted my son's case and sent me an email saying that they are getting in touch with the consulat for an interview. But I never received that email for my wife. Very strange!

Today: We receive an email asking to go into the CEAC of my wife's case. There were two messages which were the same as two of the messages we received back in November. Here is what they said: 

- might not have a principal residence or be domiciled in the United States. Please submit proof of domicile.

- Please submit every 2021 W-2/1099 form.

for the first message, clearly I am in France as it says in the i130, on my US tax declarations and French tax declaration. I do not know what they want else as proof.

For the second message, they want to know my revenues which are in my affidavit of support, US tax declaration and French tax declaration which clearly says what I earn which is higher than the minimum asked for for a family of 3. I am a company owner in France and we don't have pay slips which means I had to get my accountant to explain in a letter what I earned in 2021. Again, I do not know what else they want. 

Anyway, I do not know what I should do. Can someone advise me? 

Many thanks in advance

We are almost in the same situation as we are living in France. As far as I know, as we don't have a US domicile, you have to prove that you intend to re-establish your domicile in the US by giving some fact : Bank account, voter registration etc etc.

For your revenues, as you don't have a job in the US and unless you have evidence that the income will continue, you can use your assets if fou meet the poverty guideline ( Not sure but I think you must have 3 times the poverty guideline to be assets qualified )

[Eric W 3]

22 hours ago, Chancy said:

 

To be able to sponsor an immigrant in the US, you must be domiciled in the US, and you (or your joint sponsor) must maintain sufficient income/assets to support the immigrant after moving to the US.  NVC and the consulate requires evidence of meeting both requirements.  What evidence did you submit showing that you will domicile in the US when your wife immigrates?  What evidence did you submit showing that your income will continue after you relocate to the US with your wife?  Foreign income does not count for the I-864, unless you have evidence that the income will continue in the US.

 

Note that these requirements do not apply to your son's case because, unlike your wife, your son will become a US citizen immediately after moving to the US with IR2 visa (derived citizenship based on INA 320).  Children who will immediately become USCs do not require sponsorship with an I-864.

 

We are based in France and always have been. We will only move to the US once she and my son have their Green Cards. This is the reason I find it peculiar they think I may be in the US. Our i130 and the affidavit of support both clearly says we are in France. 

I put a letter from my accountant that states that I am majority shareholder of my company but it is in French. I will get a translation done of this document. Shall I also write a letter explaining this as well as my income? 

[Eric W 3]

14 hours ago, Denis74 said:

We are almost in the same situation as we are living in France. As far as I know, as we don't have a US domicile, you have to prove that you intend to re-establish your domicile in the US by giving some fact : Bank account, voter registration etc etc.

For your revenues, as you don't have a job in the US and unless you have evidence that the income will continue, you can use your assets if fou meet the poverty guideline ( Not sure but I think you must have 3 times the poverty guideline to be assets qualified )

That's great help. Thanks

By proving to re-establish your domicile in the US, were you able to open a bank account without an address in the US without being their physically yourself? How did you manage to get all of this from France? 

I could use my family's address in the US but that address is not in the same state as the state we are looking to move to. Does that matter? 

[Chancy 6,241]

4 hours ago, Eric W said:

This is the reason I find it peculiar they think I may be in the US.

 

They don't think you are in the US.  They know you live in France.  That's why they want you to prove that you intend to be domiciled in the US.  US domicile or credible intent to establish US domicile is a requirement for a sponsor.  As for you being a shareholder of a French company, that doesn't matter unless you can provide evidence that your income from that company will continue after you move to the US.  Your wife will not be getting a spouse visa until you meet those requirements for the I-864.

 

[Denis74 18]

9 hours ago, Eric W said:

That's great help. Thanks

By proving to re-establish your domicile in the US, were you able to open a bank account without an address in the US without being their physically yourself? How did you manage to get all of this from France? 

I could use my family's address in the US but that address is not in the same state as the state we are looking to move to. Does that matter? 

We are working on this currently ! A few banks allow you to open a bank account while living oversea w/o being physically present (Bank of america is one of them) and they do accept you to use one of your family's address. Honestly, I have no idea if that matter and I don't think so. You will, once arrived, change the branch as we can do in France.

[Eric W 3]

7 hours ago, Chancy said:

 

They don't think you are in the US.  They know you live in France.  That's why they want you to prove that you intend to be domiciled in the US.  US domicile or credible intent to establish US domicile is a requirement for a sponsor.  As for you being a shareholder of a French company, that doesn't matter unless you can provide evidence that your income from that company will continue after you move to the US.  Your wife will not be getting a spouse visa until you meet those requirements for the I-864.

 

Hi Chancy

How do I prove all of this? 

Shall I open a bank account in the US? Shall I write a letter stating that I intend to open up the sister company in the US of my company and continue earning as usual? Can you give me some ideas of what they expect? 

[Chancy 6,241]

18 hours ago, Eric W said:

How do I prove all of this? 

 

For the US domicile requirement, submit a letter stating your intent to reside in the US at the same time as your wife, and list specific concrete steps you are taking in preparation for your move.  Along with the letter, submit documentary evidence of those concrete steps.  Are you contacting real estate agents to help you look for a house in the US?  Are you communicating with shipping companies to transport your household items?  Have you set up a US bank account?  Do you have a valid US driver's license?  Are you registered to vote in US elections?

 

As to the income requirement, you may need to consult with your lawyer or accountant on how to document that your income from the French company will continue when you move to the US.