I-130 Approved, Applied I-864, Then DS-160?

[SS D 0]

Good day, 

My brother applied for his spouse with a lawyer. She lives out of the country while he is a US citizen. The lawyer said first to apply with a I130 and the I130 was approved after about 10 months. Then the lawyer said to file for I864 and that has been pending for about 7-8 months. Then he said he will apply for DS 160. I read online that he could apply for DS160 for the visa right now while he waits for the I864. Is that the case? Also, I864 is for the adjustment for status. She would not mind not having her green card for a few years while I-864 is processing. Can my brother apply for DS160 and receive the visa for her to come in?

[Crazy Cat 41,841]

Doesn't sound like a real immigration attorney.  Lot of misinformation and lack of vital, basic understanding of the process . Lots!  Ask your brother to join us here, and study this guide to become an "A" student of the process:

 

 

Edited July 13, 2023 by Crazy Cat

[Boiler 45,474]

It could be that your Brother knows the situation and you are confused, anyway lots of good information here.

[SalishSea 17,820]

2 hours ago, SS D said:

Good day, 

My brother applied for his spouse with a lawyer. She lives out of the country while he is a US citizen. The lawyer said first to apply with a I130 and the I130 was approved after about 10 months. Then the lawyer said to file for I864 and that has been pending for about 7-8 months. Then he said he will apply for DS 160. I read online that he could apply for DS160 for the visa right now while he waits for the I864. Is that the case? Also, I864 is for the adjustment for status. She would not mind not having her green card for a few years while I-864 is processing. Can my brother apply for DS160 and receive the visa for her to come in?

Something is wrong here.  You don't "file for I 864."  Why is your brother not here asking questions or doing his own research?

[SS D 0]

2 hours ago, Crazy Cat said:

Doesn't sound like a real immigration attorney.  Lot of misinformation and lack of vital, basic understanding of the process . Lots!  Ask your brother to join us here, and study this guide to become an "A" student of the process:

 

 

The guy who applied in my opinion was not a lawyer. He is a CPA who is to me seems like making people go through issues just for him to earn money (this guy is in Jackson Heights, Queens, NY). If you know these areas, you would know many people like them exist.

Thanks for the guide and I sent it to my brother as well.

1 hour ago, Boiler said:

It could be that your Brother knows the situation and you are confused, anyway lots of good information here.

Actually, he has been keeping me posted about the situation all the time.

25 minutes ago, SalishSea said:

Something is wrong here.  You don't "file for I 864."  Why is your brother not here asking questions or doing his own research?

I don't know if the lawyer who filed the I130 made a mistake but this was the I-130 approval that he received. The lawyer said you have to file for I824 (sorry I mistyped the number) and now he is waiting for I824 approval. Can he file for DS-260 while he waits for them to approve I-824?

[Troy B 223]

so as normal, a random lawyer has made a mistake on the i-130.  And failed to note whether your spouse was in her home country.   So it get it moving to NVC to continue the process an i-824 was filed.  Once the case is moved to the NVC your brother should get a welcome message (well or the lawyer will, not sure didn't use a lawyer).   From there he will pay to do the AOS (i-864) and the DS-260, and then him and his wife will do both of those forms.

[Boiler 45,474]

So he did not specify if it was Consulate or Adjusting 

[SS D 0]

4 minutes ago, Troy B said:

so as normal, a random lawyer has made a mistake on the i-130.  And failed to note whether your spouse was in her home country.   So it get it moving to NVC to continue the process an i-824 was filed.  Once the case is moved to the NVC your brother should get a welcome message (well or the lawyer will, not sure didn't use a lawyer).   From there he will pay to do the AOS (i-864) and the DS-260, and then him and his wife will do both of those forms.

Thanks for outlining the process. Can he apply for DS-260 while he waits for the case to move to NVC? It's already been 1 & half year and the lawyer says it it would take 2.5 years. 

 

3 minutes ago, Boiler said:

So he did not specify if it was Consulate or Adjusting 

 

Yes and when my brother told him while the lawyer was sending out I-130 to fill out line line 61 & 62, he said do not because it's best to leave that empty. 

 

Can my brother apply for DS-260 while he waits?

[SalishSea 17,820]

17 minutes ago, SS D said:

Thanks for outlining the process. Can he apply for DS-260 while he waits for the case to move to NVC? It's already been 1 & half year and the lawyer says it it would take 2.5 years. 

 

 

Yes and when my brother told him while the lawyer was sending out I-130 to fill out line line 61 & 62, he said do not because it's best to leave that empty. 

 

Can my brother apply for DS-260 while he waits?

So due to the lawyer's error, it will take an additional YEAR.

[Troy B 223]

no, he need to wait until the NVC prompts for him to fill out the forms (after he has paid them).

[Troy B 223]

27 minutes ago, SalishSea said:

So due to the lawyer's error, it will take an additional YEAR.

possibly,  good news should guarantee a 10 year IR visa instead of a 2 year CR visa.

[JeanneAdil 6,495]

53 minutes ago, SS D said:

Thanks for outlining the process. Can he apply for DS-260 while he waits for the case to move to NVC? It's already been 1 & half year and the lawyer says it it would take 2.5 years. 

 

 

Yes and when my brother told him while the lawyer was sending out I-130 to fill out line line 61 & 62, he said do not because it's best to leave that empty. Biggest mistake 

# 62 The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in:The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in: 

the country consulate needed to be named

Can my brother apply for DS-260 while he waits?   and no,  u must wait for USCIS to send packet with corrected embassy info from the I 824 to NVC 

so very  sorry that from this mistake it has cost u an additional $465 to change to embassy interview

 even the I 824  is very specific about the way it is filled out

https://www.uscis.gov/i-824

 

a little advise not asked for but hope it helps

when it is time to fill out the I 864 and the ds 260,  pull up the instructions as the forms themselves don't completely explain things

good luck to u

[Redro 4,611]

4 hours ago, SS D said:

Good day, 

My brother applied for his spouse with a lawyer. She lives out of the country while he is a US citizen. The lawyer said first to apply with a I130 and the I130 was approved after about 10 months. Then the lawyer said to file for I864 and that has been pending for about 7-8 months. Then he said he will apply for DS 160. I read online that he could apply for DS160 for the visa right now while he waits for the I864. Is that the case? Also, I864 is for the adjustment for status. She would not mind not having her green card for a few years while I-864 is processing. Can my brother apply for DS160 and receive the visa for her to come in?

Seems like you got your form numbers mixed up. 

I-864 is affidavit of support. 

DS260 is application for immigrant visa. 

DS160 is application for nonimmigrant visa. 

I824 is form to move approved I130 to NVC.

 

You cannot complete the I-864 and the DS260 until the petition moves to NVC, you receive a welcome letter and you pay the fees. 

Depending on where your brother's spouse is from they can either enter the US on ESTA for a short visit or apply for the B1/B2 visa (DS160) to see if they will be allowed to visit the US (for a short time) while waiting for the I-130 to move to the NVC. 

Depending on the embassy the spouse 1.) Might not be able to secure an interview slot anytime soon 2.)The spouse might be denied a tourist visa as they have displayed immigrant intent. This will not impact the immigrant visa process. 

[Boiler 45,474]

3 hours ago, SS D said:

The guy who applied in my opinion was not a lawyer. He is a CPA who is to me seems like making people go through issues just for him to earn money 

 

Not a Lawyer a Notario.

 

I would check everything he filed and your Brother signed, hopefully he have copies.

 

This is not difficult but you need to pay attention.

 

As a general comment nobody is interested in his case as he is, so check double check everything.

[Marieke H 2,496]

Fire the "lawyer".