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Captain Ewok

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  1. NOTE: For an overview of the entire K-1 Fiance Visa process, please see the K-1 Fiance Visa Flowchart. What is a K-1 Fiance Visa? A K-1 Visa (also known as a Fiance Visa) is a nonimmigrant visa Visa issued to the fiancé(e) of a United States citizen. The K-1 Visa allows the visa holder to enter the United States for up to 90 days during which time they may get married and file for Adjustment of Status (to obtain a "green card" and become a Legal Permanent Resident of the US). After filing for Adjustment of Status they may reside in the US beyond the 90 day K-1 Visa validity while their Adjustment of Status application is processed. While the K-1 Visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States Embassies and Consulates worldwide. If the non US Citizen fiancé(e) has a child (under 21 and unmarried), a K-2 non-immigrant visa may be available to him or her. Be sure to include the names of the children on the I-129F petition. Who is Eligible to File? U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years prior beginning the K-1 Visa petition process (filing the I-129F). This requirement can be waived only if meeting the non US Citizen's fiancé(e) in person would violate long-established customs, or if it would create extreme hardship on the US Citizen. Forms Needed to File for a K-1 Fiance Visa: 1. I-129F 2. G-1145 (optional) The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov. Assembling the I-129F Package: Checklist Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Letter (see example). Should include a description of what your are petitioning for (I-129F), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet. 3. Form I-129F: Petition for Alien Fiance (see example) 4. Original statements (from both the US Citizen and foreign fiance) certifying an intent to marry within 90 days of entering the US on a valid K-1. (see example) 5. Proof of having met in past two years. To organize this information you can create a single typed page with the following elements: (1) Title the page 'Evidence of In-Person Meeting in the last 2 years'; (2) A description of how you met (same as you stated in Part 2 Question 53-54 of your I-129F); (3) A list of the evidence you are providing; (4) Your printed name, signature and date. Following this declaration page, provide the evidence you listed (click here for examples). 6. One passport-type photo (see specification) of the US Citizen. Write the full name of the US citizen on the back. Place in a plastic bag and label the bag "Photo of <Insert US Citizen's Name>". Attach the bag to a sheet of paper and place behind the corresponding I-129F. 7. One passport-type photo (see specification) of the foreign fiance. Write the full name of the foreign fiance on the back. Place in a plastic bag and label the bag "Photo of (insert foreign fiance name) ". Attach the bag to a sheet of paper and place behind the corresponding I-129F. 8. Copy of the Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport issued with a validity of at least 5 years or a copy of the US Citizen's naturalization certificate (front and back). This is used to establish citizenship. 9. Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance if either has been previously married. If the previous marriage of the US Citizen and/or foreign fiance ended due to the death of their spouse then include a Copy of Death Certificate(s) documenting that fact. 10. Proof of Legal Name Change if either the US Citizen and/or foreign fiance is using a name other than that shown on the relevant documents. You must give USCIS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order. 11. In regards to Part 3 of the I-129F, if applicable provide certified copies of all court and police records showing the charges and dispositions for any specified conviction(s) (in accordance with the IMBRA). See Part 3 of the I-129F instructions for more information. Documentary Proof of Having Met in Person in the Past Two Years and an Ongoing Relationship: Use as many of these items are possible. There is no minimum, but the more you can provide the less likely you are that you will receive an RFE. Additionally, please note that providing proof of your ongoing and genuine relationship in this package may benefit you by allowing the consulate to have access to this information prior to them formally contacting the non US Citizen fiance. Many high risk consulates approach cases with a skeptical eye and providing this information early on in the original I-129F package will help them in their preliminary review of your case. 1. Copies of all airline boarding passes, train passes, itineraries, hotel receipts, passport stamps (make sure you can read the dates on the stamps), and other documentary evidence that you have met within the last two years. You may want to highlight or place post-it notes indicating the dates and locations on the copies (to make the adjudication easier) for the person reviewing your file. 2. Color Photo's of you and your fiance together. Make sure you write your names, date, and location on the back of every photo. Provide two to five photo's. If you only have a single copy of the photo, then make a color copy and send that. If it is a digital photo, have it printed at a local photo store such as Walgreens (if at all possible) or if not on a high quality printer. Place photo's in a plastic bag or photo sheet and label the sheet. Note that you may not receive originals of photo's back. 3. The following items will not typically show proof of having met in the last two years however will show proof of an ongoing relationship: Copies of land line and cell phone bills, appropriate letters and emails, stamps on the letters (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!) Mail the I-129F Package to the USCIS You should mail the completed form(s) to the USCIS address here. Mail the package with return receipt requested / delivery confirmation. Send via USPS. IMPORTANT! Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence. Create a VJ Timeline Estimate processing time and approval date: Creating a VJ Timeline will allow you to track your case and will generate an estimated approval date for your petition. You can always gain access to many other tools to help you plan how long your Visa Journey will take! What to send to your fiance once the I-129F is approved (Receive NOA2): 1. A copy of the entire I-129f package (that you made when you sent the petition in) and a copy of information that you sent back due to an RFE (if you received one). Your fiance should review this information in advance of the interview (the embassy will have copies of this as well). 2. Send copies of the documentary proof that you submitted with the I-129F for your fiance to have on hand for their interview at the embassy. Your fiance should review this information in advance of the interview (the embassy will have copies of this as well). 3. Send an original letter affirming your desire to marry your fiance and your continued support of the K-1 Visa. Sign and date the form. This will be similar to the letter you provided with the I-129F, but dated much closer to the interview (it will have most likely been several months since you submitted your I-129F). 4. I-134 Affidavit of Support form. Ensure it is signed, with all required supporting evidence. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all. 5. You will need several items (for the above form). Gather duplicate evidence of income and resources as appropriate: (A) Statement from an officer of the bank/financial institution with your deposits, identifying the following: 1. date account opened; 2. total amount deposited for the past year; 3. present balance (B) Statement(s) from your employer on business stationary showing: 1. Date and nature of employment; 2. salary paid; 3. whether position is temporary or permanent (also include copies of your last two pay stubs and your previous W-2 for the associated employer if available) (C) If Self Employed: 1. Copy of last income tax return filed (or IRS transcripts); or 2. report of commercial rating concern (D) List containing serial numbers and denominations of bonds and name of record owner(s). Begin collecting these ASAP after your NOA2 arrives. See this FAQ for more tips and useful information on the Affidavit of Support Form. 6. A copy of the NOA2 that you received in the mail. (backup information; the embassy will have copies of this as well) 7. Proof of your ongoing relationship. This needs to be taken to the interview! Include photos, travel documents, emails, online chat logs (pick several over the prior few months), etc.. from between the time you filed and present (NOA1 until date-now). Examples: Copies of land line and cell phone bills, appropriate emails and letters you have sent including the stamps on envelopes (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!) NOTE: Tip Regarding Vaccination Records The K-1/2 beneficiary will be required by the embassy to have a "medical" done prior to the visa interview. Part of this interview will require that previous vaccinations are documented and potentially additional required vaccinations performed. Once this is complete the doctor will note this on a DS-3025 form that will be sent to the embassy. During the medical appointment request an official copy of the vaccination records from the physician (or a copy of the completed DS-3025 if they will give it to you) as this will be helpful to have on hand in the future (specifically it can be helpful when filing for Adjustment of Status if your DS-3025 form is not available). After the K-1 Fiance Visa is Approved: Upon entering the US on a K-1 Visa, the visa holder must get married to the original I-129F sponsor (for the K-1 Visa) within 90 days. If the marriage does not take place within 90 days or the K-1 Visa holder marries someone other than the original US Citizen who petitioned for them, the K-1 Visa holder will be required to leave the United States. Until the marriage takes place, the K-1 visa holder is considered a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A K-1 Visa holder can not obtain an extension of the 90-day time limit. If the K-1 Visa holder intends to live and work permanently in the United States they should apply to become a permanent resident after the marriage. Please note, K-1 Visa holder will receive a "green card" and conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage is less than two years old at the time the Adjustment of Status application is processed. Note: A K-1 Visa holder can enter the United States only one time with this visa. Upon entry, the K-1 visa is cancelled, and an Electronic I-94 is issued upon entry and becomes the controlling document. If the K-1 entrant leaves the U.S. before marriage to the original petitioner, re-entry into the U.S. might not be allowed without a new visa. Also, if the K-1 entrant has applied for and is waiting on approval of an Adjustment of Status petition, the K-1 entrant should not leave the U.S. without also having applied for and received approved Advance Parole -- doing so could result in the inability to re-enter the U.S., and it indicates abandonment of the petition for Adjustment of Status. (Note that even approved Advance Parole does not guarantee re-entry into the U.S.)
  2. This wiki will help guide you through the NVC stage, specifically for IR-1/CR-1 applicants and their derivatives. Along with this wiki, please read all official instructions. This wiki is merely to help you out and doesn't replace any legal advice. Please note: all mentioned time frames are just estimates. Do NOT freak out if your case takes a little bit longer. The time frames are constantly changing. They also depend on NVC's work load for that day/week. If you see anything that needs updating: please send me a PM letting me know and I'll edit the wiki to reflect the change. Useful Information NVC's website can be found here [1] and should be read in conjunction with this wiki. Work Hours NVC only works Mondays to Fridays. They do NOT work on Saturdays, Sundays, or US National Holidays. And despite what you may see or hear, they unlikely work any overtime. And keep in mind, emails are automated and delayed. So, if you receive an email on the weekend, it does NOT mean they are actually working on the weekend. It's normal for it to take awhile to receive emails from NVC. Phone Number NVC - 603-334-0700 [HOURS: 7am - 12am EST, M-F] Menu For non-immigrant cases, call 603-334-0888 Press 1, for English Press 2, for Spanish After pressing 1 for English, the options are: 1, to verify priority date 2, to establish an agent, request fee bill or invoice number 3, to verify that they received your mail 4, to confirm date and time of interview 5, to update your mailing address, phone number, email address 6, if your case is at a US embassy or consulate overseas 7, for all other questions Note: Either the petitioner or beneficiary can call NVC. Both are able to at this stage. Just make sure you have both names, dates of birth, as well as the USCIS receipt number (or NVC case number once it's assigned) on hand before calling. Email Addresses asknvc@state.gov - to email questions NVCElectronic@state.gov - to email scanned packages for EP NVCExpedite@state.gov - to email expedite requests Links Eligibility for Electronic Processing [2] NVC for Montreal Beneficiaries - Electronic Processing and New Online Forms [3] NVC Electronic Processing [4] [note: if doing EP in China, only enroll AFTER the invoicing of the AOS bill] Thread on Ryan H's EP Experience through China [5] Online Forms Portal (to fill out DS-261 and DS-260) [6] Payment Portal [7] Free Passport Photos [8] Overview of NVC Process To view a (NEW!!) flowchart of the below overview, you can find one I put together here [9] -get case number and IIN, give email addresses over -complete the online DS-261 -pay the AOS bill, once it's invoiced -pay the IV bill, once it's invoiced -complete the online DS-260 -submit both packages together -respond to any checklists, if applicable -get case complete -get interview date scheduled -case is sent to embassy/consulate Step 1 - Case Number Once your I-130 has been approved from USCIS, it will be sent to NVC (a part of the Department of State). Depending what service center the I-130 is coming from, this can take anywhere from a few business days to a few weeks. You may or may not get an email from USCIS/update on their website stating when it was sent. You won't get correspondence from NVC when they receive your case from USCIS. You need to call an operator at NVC to find this out. Once NVC does receive your case, it's currently taking around 3 weeks for a case number to be assigned.. If you'd like to stay on top of things, it's best to call about once a week after your NOA2 to see if NVC has received your case. Once they do have your case and about 2-3 weeks have passed since then, increase your calls to about 2-3 times a week (or even more if you wish) until you get a case number assigned. Note: if your case doesn't arrive at NVC in a timely manner (timely manner being the current wait time), VJ member tokinaija suggests: "Call USCIS, and specifically request to be connected to a Tier 2 supervisor (bypassing the contract customer reps). When connected to a Tier 2 representative, request that you want confirmation that your approved case has been physically shipped to NVC. In amenable words, request for the specific date that the package was shipped. If you are lucky, you will get someone who would take the time to confirm this for you." Once a case number is assigned, get that number along with the IIN (Invoice Identification Number) from the operator. If the operator doesn't want to give over the IIN (some operators are finicky), then just call back up later and try again. And don't worry about the BIN (Beneficiary Identification Number) as it's no longer needed. You only need the case number and IIN. At the same time, you can give over both the petitioner's and beneficiary's email addresses. By doing this, ALL correspondence (initial information package, invoices, instructions, interview letter, checklists, etc) from NVC will be sent through email. This does not necessarily mean that YOU can send THEM information by email though. Only those eligible for EP (electronic processing) can email the AOS and IV packages (link to eligibility in the first section, under links). Note: there is a difference between EP and online forms. Online forms are just that, online forms. The DS-261 and DS-260 are NOT part of electronic processing. Electronic processing (EP) is emailing in documents. Not everyone can do this yet. You still have to be eligible for EP before emailing in packages. The link to see who's eligible is in the first section, under links. Everyone though (regardless of country) is required to fill out the online forms (DS-261 and DS-260). How to Find Out WHEN Your Case Number was Assigned For those that don't call every single day and want to know exactly what date their case number was assigned, there's an easy way to find out that simply involves looking at your case number. The first three letters are the three-letter consulate/embassy code. The next four numbers are the year the case number was assigned. The next three numbers are the Julian date it was assigned, plus 500. And finally, the last three numbers are the sequential order of when it was assigned that date. You can find a chart with Julian dates here [10]. For example: MTL2014815162. Let's put some lines in to divide it up. So: MTL|2014|815|162. This means that this case is going through Montreal and the number was assigned on November 11th, 2014, and it was the 162nd case that day to be assigned a number. Step 2 - Submit DS-261 The DS-261 replaces the old DS-3032 (Choice of Agent form) and is filed by the beneficiary. You'll have to wait for the DS-261 to become available on the online forms portal (link in the first section, under links). This is currently taking around a week or so from the case number being assigned. Once it's available, fill it out. It's exactly like the DS-3032, except online. If you wish to see screenshots of the DS-261, you can do so here: Saylin's DS-261 screenshots [11] (these are screenshots from 2011, but should still be the same, or at least similar). To go through all the screenshots, click on the 'next' button (there are 6 images in total). Please note: the BIN referenced in the screenshots are no longer required. On choosing an agent, most people select the petitioner as one. Although, to be honest, due to giving over both email addresses to an operator (and thus having NVC email all correspondence), this form has become moot as, no matter who is selected as agent, both of you will receive correspondence. Once you've submitted the DS-261, print out the confirmation page at the end. This is for your own records. Note: if needed, yes, the petitioner can file the DS-261 on behalf of the beneficiary. This is very common, especially due to the language barrier and/or no/low internet connection. Note: if you have a lawyer/attorney/legal representative from the I-130 petition, then they'll be automatically selected as agent for your case, thus by-passing the DS-261. This also means that the IV bill will be invoiced at or around the same time as the AOS bill. *Important note: Once you fill in the DS-261 and it shows as complete, do NOT go back into the DS-261 as it will re-set the date and start the clock all over again for ~30 business days. *Tip: if after a week of submitting the DS-261 and the IV fee hasn't been unlocked yet, you can try calling NVC and requesting they review the DS-261 over the phone. If the operator refuses to do so, try again until you get a nice operator that is willing to do so. Step 3 - Pay AOS Fee Currently, it's taking around a week or so from the case number being assigned for the AOS fee to be invoiced (about the same amount of time as the DS-261 to become available on the online forms portal). The AOS fee is $120 per case. If you have multiple cases joined at NVC, then you'll only have to pay ONE fee for all of them. For the IV fee though, you'll have to pay for each applicant. The fee has to be paid with a US banking account on the payment portal (site linked in first section, under links). See information here [12] about paying both online or, if you choose to do so, through mail. Note: if you're getting an error message ("Please be advised that the case that you have attempted to access is not eligible for further processing by the National Visa Center at this time…" or "This case is in the process of termination. Fee payments and online forms can no longer be accepted…" or "You cannot make online payments for your case at this time. Please contact the NVC if you have questions or need further information."), do NOT panic. This is actually good news! If you just got your case number, then this message means NVC is inputting your case in their system. If you get this message a few days after case number generation, then it's a good possibility that NVC is invoicing your AOS bill. And if this message appears a few days after DS-261 acceptance, then there's a good chance the IV bill is being invoiced. Step 4 - Pay IV Fee A few weeks after after you complete the DS-261, NVC will accept and add it to your case file. A few days after that, the IV bill will be invoiced and available to pay on the payment portal. You won't get an email of acceptance, so you need to call to find out when it's been accepted and added to the case file. The IV fee is $325 per applicant. The fee has to be paid with a US banking account on the payment portal (site linked in first section, under links). See information here [13] about paying both online or, if you choose to do so, through mail. Note: if you're getting an error message ("Please be advised that the case that you have attempted to access is not eligible for further processing by the National Visa Center at this time…" or "This case is in the process of termination. Fee payments and online forms can no longer be accepted…" or "You cannot make online payments for your case at this time. Please contact the NVC if you have questions or need further information."), do NOT panic. This is actually good news! If you just got your case number, then this message means NVC is inputting your case in their system. If you get this message a few days after case number generation, then it's a good possibility that NVC is invoicing your AOS bill. And if this message appears a few days after DS-261 acceptance, then there's a good chance the IV bill is being invoiced. Step 5 - Submit DS-260 The DS-260 replaces the old DS-230. As before, you will still submit the IV package, just without the DS-230. The DS-260 will be done online. It's only available once the IV appears as PAID in the payment portal. Like the DS-261, it'll be on the online forms portal (link in first section). Note: depending on how prepared you are, the DS-260 can take a few hours. You can always save and return, if you wish; it doesn't need to be all done in one sitting. But, it'll take an hour at the least (30 minutes maybe if you're really fast). My suggestion is to have a DS-230 pre-filled out (found here [14]) and that way you can just copy over the answers. This will shave off quite some time if you prepare ahead. But be warned, there are some differences between the DS-230 and DS-260 where the DS-260 asks for more information. You can view screenshots (and thus the differences) here [15] from when it was first released back in 2010. NVC also has a page with DS-260 screenshots (from October 2013) found here [16]. As with the DS-261, print out the confirmation page at the end. But make sure to bring this one to the interview as NVC states it's required. Note: if needed, yes, the petitioner can file the DS-260 on behalf of the beneficiary. This is very common, especially due to the language barrier and/or no/low internet connection. How to answer the vaccinations question: Since there are some people having issues with answering this question, I thought it'd be good to explain it a little further as there's not just one right answer. If you have your vaccinations AND the record to prove it, then just explain that. If you don't have the vaccines and/or the record to show it, then again, just explain that, and add everything will be done at (or before) the medical. People are over-thinking this question when you really shouldn't be. Just answer honestly. Step 6 - Gather AOS Package The AOS package is all about the petitioner and whether or not they can financially support the intending immigrant(s). Don't forget, it's highly recommended you write your case number on the top right of ALL documents (except the bar-coded cover sheet and the cover letter). This is in case NVC misplaces one of your documents. If it has the case number written on it, it has a much better chance of being reunited with the case. Note: it is currently normal for it to show as N/A under affidavit of support documents and civil documents on the CEAC site. It's assumed NVC will use this feature in the future, but currently doesn't display anything. Note: for petitioners living and working abroad, put $0 for the question on current income (unless your income will continue, then put the amount). In either case, include an employment letter with all the details and if your job will NOT continue, make sure it is stated as such in the letter. It'd also be a good idea to mention this in the cover letter. Generally, the following is needed: With no joint sponsors: -Bar-coded cover sheet from payment portal -Cover letter (optional) You can find a sample cover letter I wrote here [17] -Original completed, signed, and dated I-864 form by petitioner -Tax information^^ of petitioner (either just the last year OR the last 3 years) -Employment letter of petitioner (optional, but good proof of CURRENT income) -Pay stub(s) of petitioner (optional, but good proof of CURRENT income) With joint sponsors: -All of the above of the petitioner -Original completed, signed, and dated I-864 of joint sponsor -Tax information^^ of joint sponsor (either just the last year OR the last 3 years) -Proof of US citizenship/residency of joint sponsor (ex: copy of US passport, US birth certificate, US naturalization certificate, or front & back of green card) -Employment letter of joint sponsor (optional, but good proof of CURRENT income) -Pay stub(s) of joint sponsor (optional, but good proof of CURRENT income) ^^You have two choices here of what to send in: - Tax return transcripts ordered from IRS (preferred by NVC and of most consulates/embassies) RECOMMENDED OR - Tax returns (1040), W2s, 1099s, and any other schedules/worksheets (if applicable) Note: If you haven't filed this year's taxes yet and filed for an extension instead, you can submit the tax extension letter in lieu of an entire tax return or tax transcript. Please be warned though, the consulate/embassy may request for this year's taxes to be filed despite applying for an extension. Which I-864 Form to Use If you look at the USCIS website, there are a multitude of I-864 forms listed: I-864, I-864EZ, I-864A, I-864W, and even I-864P. The I-864 is the most common of the forms used. This is what petitioners and joint sponsors use. The I-864EZ has three different criteria points that need to be met before a petitioner can use it. Remember, if you do meet all the criteria, it doesn't mean you have to use it; you can still use the I-864 if you wish. But, since the I-864EZ is shorter (and thus easier) to fill out, if you can use it, I suggest it as there's lower chances of messing up and getting a checklist. The I-864A is used for household members of sponsors. Typically, the only time I recommend using the I-864A is for spouses of joint sponsors who are deciding to contribute their income as well. So, in these cases, the petitioner would file an I-864, the main joint sponsor would file an I-864 as well, and then the joint sponsor's spouse would file an I-864A. The I-864W is rarely used. The only time I see it used is for children immigrating (with one of their parents) who will become US citizens upon POE. Please read the I-864W and its instructions for more information. The I-864P, which really isn't a form, is the poverty guidelines and is used to see how much income is needed for different household sizes. Domicile Please note, if the petitioner lives with the beneficiary abroad, you'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 3 and 4) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable, of course, to prove that you have, or will re-establish, domicile in the US): NAME SOCIAL SECURITY NUMBER Form I-864 Part 4, Question 5: Country of Domicile I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principal residence is in the US and the steps that I have taken to return to the US with my family. Steps I have taken to maintain US Domicile: • Maintained my XXXX voter registration • Maintained my XXXX credit card registered in the US with a US PO box • Maintained my bank account at the XXXX Credit Union • Maintained my bank account at XXXX Bank • Maintained my XXXX drivers license • Maintained my US retirement fund through XXXX • Maintained my US investment account with XXXX • Maintained my US PO box • Maintained licensure by the XXXX • Maintained membership in the XXXX • Maintained my automobile in care of my parents Supporting Documents for the above steps I have taken: • Voter registration card showing permanent US address • XXXX credit card statement showing US billing address • XXXX Credit Union statement showing permanent US address • XXXX Bank statement showing permanent US address • XXXX drivers license showing permanent US address • Retirement fund statement showing permanent US address • Mutual fund statement showing permanent US address • XXXX license currently up to date • Renewal of XXXX membership • County tax bill showing I still own a vehicle Steps I have taken to return to the US to take up residence: • Made arrangements for us to have a house to live in • Contacted schools for requirements of things to bring to register my children in school • Contacted my auto insurance company to find out about re-instating my insurance on my car • Contacted shipping company for estimate of costs to ship belongings Supporting documents for the above steps I have taken: • Lease agreement for our house • Email from schools regarding registration requirements • Email from my former auto insurance company regarding my inquiry • Email from XXXX with estimate and correspondence regarding shipping our belongings I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US. I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct. Signature: ____________________________________________________ Date: ______________________ Step 7 - Gather IV Package The IV package is all about the beneficiary. Don't forget, it's highly recommended you write your case number on the top right of ALL documents (except the bar-coded cover sheet and the cover letter). The writing of the case number on documents is in case NVC misplaces one of them. If it has the case number written on it, it has a much better chance of being reunited with the case. Note: it is currently normal for it to show as N/A under affidavit of support documents and civil documents on the CEAC site. It's assumed NVC will use this feature in the future, but currently doesn't display anything. Generally, the following is needed: -Bar-coded cover sheet from payment portal -Cover letter (optional) You can find a sample cover letter I wrote here [18] -Copy of bio-data page of beneficiary's unexpired passport -Photocopy of beneficiary's birth certificate -Photocopy of marriage certificate -Photocopy of police certificate(s) Please read the link here [19] for additional documents if applicable (such as petitioner documents in IR-5 cases or divorce/military records or proof of permanent residency, etc). Also read the country-specific documents found here [20] (start typing the beneficiary's country in search box, choose it, then click 'Go'). There may be additional documents needed not listed above. The NVC is no longer asking for photos to be sent with your package, but they are required at the interview. -Two passport-style photographs (2" x 2") of beneficiary (on the back, write: beneficiary's full name, date of birth, and case number) Don’t forget: You’ll need to bring the original civil documents to the interview. Translations NVC's website states: "All documents not written in English, or in the official language of the country in which application for a visa is being made, must be accompanied by certified translations and submitted to the NVC. The translation must include a statement signed by the translator stating that the: -Translation is accurate, and -Translator is competent to translate." Despite this, I have seen cases of people getting checklists for not having translations of non-English documents. I'd suggest you get everything translated anyways to be on the safe side. It's not needed, but highly recommended. Additionally, embassies/consulates in some countries require translations of documents into English even though they are written in the official language of the country, so it's best to check with the embassy/consulate to see what document translation requirements are. Step 8 - Send in AOS and IV Packages Once both fees have been paid and you’ve collected everything, send both packages together to NVC. I suggest putting each package in a separate manila envelope (and clearly mark it and write "AOS" or "IV" on each one), then putting both manila envelopes inside one shipping envelope. The address to send the package can be found on the bar-coded cover sheet from the payment portal. And it doesn't matter where the package is sent from (either in the US or abroad). As long as NVC receives it, that's all they care about. Note: there may be two different addresses on each bar-coded cover sheet. Just pick one and send it there. It’s essentially the same address, just different departments. There’s absolutely no reason to stress about which address to choose as it’ll be directed to the correct department once it gets there. Step 9 - Review: Checklists and Case Complete It can take up to 60 calendar days to review packages. This INCLUDES checklists. So, this means 60 days to review the initial packages and, if you get a checklist, another 60 days to review that once they receive it. This is why it's important to make sure your packages are PERFECT before sending them off. You will not get an email if your packages have been accepted. You have to call NVC every day (or as often as you want) and ask for updates on your case to find out if a package has been reviewed and accepted. Note: if you're in the EP program, people have been getting acceptance emails, but don't ever rely on receiving emails from NVC. Call, call, call. If you call and an operator says they haven't received your package(s) yet (even though tracking says it was delivered), don't panic! Unfortunately, the package may not show up in the operator's system until the package has begun to be reviewed. At that point, it's entered in the system. So, don't fret. If your tracking says it arrived, it arrived. Avoiding Checklists Here are a few common checklist items I see all the time: Use the correct numbers on the I-864/I-864EZ for past year's incomes. As it states RIGHT IN THE QUESTION, if you filed a 1040 (or 1040A), then use total income, and if you filed a 1040EZ, then use adjusted gross income. If you filed jointly, then make sure you use the combined income (since it doesn't separate the incomes) and then submit W2s to show individual income. Although the I-864 instructions say if the answer is none or N/A, then to leave it blank, do NOT do this. I have seen countless people get checklists for leaving things blank, specifically the question asking for place of residence on the I-864EZ. Although it says to fill it out only if it's different from the mailing address, I have seen dozens and dozens of people getting checklists for leaving it blank. Make sure every single question has been filled out. I quite frequently see people get checklists for skipping a question. Please take your time reviewing the form. And make sure everything is dated and signed. After printing out the forms, double check again that everything is filled out properly. I've heard that sometimes after printing, a box that was checked on the computer gets unchecked after it's printed. If this happens to you, just check it off by hand. False vs. Real Checklists If you sent the packages, then get a checklist asking for one of the packages, just ignore it; it's a false checklist. Please understand that as soon as NVC reviews a package, they very frequently generate a checklist for the other package, without even checking if they have it in the building first. The only time a checklist is real (and not false) is if it asks for something very specific missing in a package (like a police certificate, for example). If it asks for something general, like the entire package, then you can assume it's false. Call up an operator at NVC to confirm either way. Case Complete There's currently a way to know (not 100% guaranteed though) if you have case complete by looking on the CEAC site. If the AOS fee changes from PAID to N/A, then I'd suggest calling NVC up pronto as most, if not all, people who have reported seeing this have a case complete. Although case complete emails used to be rare for non-EP folk, it's becoming more common (it might even be that everyone is getting them now). But, they're severely delayed (sometimes a week or more!), so do not rely on it (unless you're in no rush to find out). The fastest way to find out if your case is complete is to call an operator at NVC and ask. After the case is complete, the case is put in a queue to get an interview date scheduled. Warning: If you apply for an expedite, be warned that if you have any pending packages (re: not reviewed yet), then NVC may not go around digging for it when they forward your package off. If that's the case, then NVC should return the package to you once they do get to it, but it may be past the interview by then. So, you'll need to re-create the package to bring to the interview. So, if you want to apply for an expedite, it's best to do it BEFORE sending any packages. Step 10 - Interview Date The time frames for case complete to interview date scheduled vary by country and consulate/embassy. Some people find out within a day or two, others a few weeks, then the few unfortunate that wait a few months. To best way to get an estimate for your beneficiary's country is to search, using the timeline feature, when others got case completes and when they got their interview dates scheduled. To do this, go here [21] and choose the beneficiary country's from the drop-down (leave the service center drop-downs alone). Then, sort by interview date by clicking on the down arrow to the left of the 'Interview' column. There's no 'Case Complete' column (or even when the interview date was scheduled), so you'll have to open each individual member's timeline. This may sound like a lot of work, but if you want to get a good idea of estimates for your beneficiary's country, you'll crunch the numbers. Not only can the above be helpful, but if you join VJ member dwheels76's case complete/interview threads, you can wait along with others (and often others of the same country) to see when interview dates start getting assigned. The current thread is for April, found here [22]. She has her own spreadsheet (found here [23]) and if you want to be added, fill out the form here [24]. Once an interview date is scheduled, NVC will then ship out your case to the consulate/embassy. Typically, this is done the next day after the interview is scheduled, but it can take up to a week or more in rare cases. You can find out when NVC ships your case by simply calling and asking. After NVC Medical After you have the interview letter, you can schedule a medical. Note: there are a few countries (like the Philippines, for example) that allow advance medicals (ie: you can get the medical done as soon as you have the first piece of correspondence from NVC, instead of waiting for an interview date to be assigned). Check with your panel physician to see if they're one of the few. From NVC's website, you can find a list of FAQ on the medical here [25]. You can also find country-specific medical information here [26] (choose the three letter consulate/embassy code from the drop-down). Interview You can find country-specific interview information at NVC's website here [27] (choose the three letter consulate/embassy code from the drop-down). For an extensive list of possible interview questions, read this wiki here [28]. For ideas on proof of relationship evidence to bring to the interview, read this ENTIRE thread here [29] (don't just read the first page!). And you can also get some good ideas on how to organize everything for the interview if you read this thread here [30]. POE After you get approved at the interview, there is one more fee to pay. It's for the actual green card and the current cost is $165. You'll receive a letter about this at the interview, which you can read in advance here [31]. This fee can either be paid before or after POE, but it's recommended to do it before, so as not to cause any delays. It may also be possible to get a tracking number for the green card. Follow VJ member Darnell's advice: "Call USCIS, get a human, ask for the TRACKING NUMBER on the green card. Yes, such a thing exists, and they will give it to you when asked. Then call USPS and inquire for status. In the end, if USPS sent it back to USCIS, you'll need to call USCIS again, talk with an ISO about 'returned mail pieces', go over your address again on the telephone, and ask to have all returned mail pieces sent back to you." Extra: Tax Information Here are two frequently asked questions and my answers in regards to tax season: Do I have to file 2015 taxes before I can fill out the I-864 form? No. Up until April 18th, 2016 (tax deadline), you can still use 2014 as the most recent tax year. If for whatever reason you want to use 2015 as the most recent year instead (due to whatever reason), then yes, you can use 2015 as the most recent year as well. Both are valid options. Keep in mind though: if you submit 2014 tax information as the most recent year and your interview is scheduled after April 18th, then 2015 tax information will likely be required at the interview. As the petitioner, what filing status do I use for my tax returns? You have three options: married filing separately (MFS), married filing jointly (MFJ), or head of household (HOH). For HOH, there's some criteria you need to meet to be able to use this. Please see the IRS website for more information. For most people though, it's either between MFS or MFJ. Before I continue, I will say this once and only once: YOU CANNOT FILE SINGLE. If you are married, you are married. Doesn't matter where in the universe your spouse is, YOU ARE STILL MARRIED. You will be lying to the IRS if you file as single, and if caught, could cause serious issues. If you have already filed taxes, either this year or last, and were married, yet filed as single, amend your tax return ASAP. If at the time of the interview, there are tax return transcripts in the case file showing the petitioner filed as single, this can be a HUGE red flag. The CO will have to wonder why the petitioner filed as single when they're trying to get a spousal visa. In their eyes, your relationship can be seen as a fraud and could be reason for denial. For both MFS and MFJ, the petitioner will have to file a paper tax return. Electronic submissions won't be possible the first year. Filing MFS will probably be the easiest for most people as it doesn't require any extra documents from the foreign spouse, nor does it require their signature. On the tax return, where it asks for the spouse's SSN, you would put 'NRA' for Non-Resident Alien. Continue filling out the rest of the return as normal. That is all you have to do. (And if desired, once the spouse has immigrated to the US and has obtained a SSN, the petitioner can then amend their tax return to MFJ, to possibly get a bigger refund, but this isn't required.) Filing MFJ will typically mean a bigger refund up front, with no need to amend. This route takes a little more work though as the beneficiary will have to fill out a W7 (available on the IRS site), which requires a signature, and include document(s), so they can obtain a ITIN (it's like a SSN, but for the sole purpose of filing taxes, and is available for those not currently living in the US). This would then be included with the tax return, and sent to a special address for ITIN generation. For most countries, it may be hard to get the needed documents. (For Canada, it was uber easy, and this is how my husband did his taxes while I was still in Canada, waiting for my interview). Please view the instructions for the W7 form on the IRS website to see what documents will be needed. For more information, please read this page on IRS's website here [32].
  3. Canada - U.S. Consulates There are two consulates which process family based visas in Canada, Montreal and Vancouver. IR1/CR1/IR5 All IR1 /CR1 and IR5 visas will be processed/interview at Montreal. K Visas K visas are processed/interviewed at both Montreal and Vancouver, depending on your Province of Residence: Manitoba and West: Vancouver Ontario and East: Montreal Direct Consular Filing in Canada Direct Consular filing is available in Canada for exceptional circumstances only. Police Checks Inside Canada There are two types of police checks: Canada wide name check (Certificate of no conviction) Full fingerprint version (Certified Criminal Record Check) Canada-wide name check These can be obtained at your local police station or RCMP office. The name check only takes a week or two, sometimes they can be obtained on the spot. Prices for police checks vary from station to station. When requesting this service, inform the agent that you are seeking a Canada wide police check for immigration purposes. Important: It should note that the Canadian Police Information Centre (CPIC) or the national criminal records repository was searched using the applicant’s name and date of birth Note: If you obtain your police check from the RCMP please note that there is a difference between "Criminal Record Search" and "Canadian Police Certificate" both have been accepted. Full fingerprint version Applicants who have been convicted of a crime in Canada must contact their local RCMP office to obtain a “Certified Criminal Record Check,” which lists an applicant’s criminal history, indicating the section of the Canadian Criminal Code under which the applicant was charged, the disposition of the case, and the penalty imposed, if any. Obtaining a Certified Criminal Records Check requires submission of a fingerprint chart; the RCMP could take between two and twelve months to process a request for a Certified Criminal Record Check. See: RCMP or the Commissionaires Outside Canada Applicants who are not physically present in Canada must obtain a Certified Criminal Record Check by sending a duplicate set of fingerprints (taken by a local police force) to the RCMP. Visiting the U.S. while your visa application is pending Entry in to the U.S. is not technically prohibited while you are waiting for your visa to process. The final say on whether you will be admitted to the U.S. to visit during this period lies with the U.S. Border Protection at your port of entry. Visa applicants, generally, are expected to provide evidence that they are intending to return to their country of residence. Therefore, applicants should provide proof of “binding” or sufficient ties to their home country or permanent residence abroad. This may include documentation of the following: Property ownership (or rental agreement) Employment contract or statement from employer stating that the position will continue when the employee returns (expected date of return In some cases the visa applicant is not asked for this proof, however it can be requested at any time and it is advisable to carry this information with you when crossing the border. Some words of advice from VJ member flames9 1) Always tell the TRUTH. Never lie to the POE officer 2) Be confident in your replies 3) Keep your response short and to the point, don't tell your life story! 4) Look the POE officer in the eye when speaking to them. They are looking for people lying and have been trained to find them 5) Pack light! No job resumes with you. 6) Bring proof of ties to Canada (letter from employer showing when you are expected back at work, lease, etc etc) 7) Always be polite, being rude isn't going to get you anywhere, and could make things worse!! 😎 Have a plan in case you do get denied (be polite). It wont harm your visa application if you are denied, that is if you're polite and didn't lie! Refer to #1 Montreal Consulate Instructions: Return of Passports and Visas for Immigrant Visas Sign up for courier services (Loomis/DHL) to have your passport and package returned to you. Loomis 1. Register for courier services on this website, click on create an account. 2. Follow the steps and select “Permanently Immigrate to the United States - Register for Courier Services Only” Please note that all your family members applying for a visa should be registered. 3. Choose your Loomis branch 4. Print out the confirmation at the end of the process, you will be asked to show it in order to access the consulate the day of your appointment. *note* There is an extra fee to have the package delivered to your address but the shipping to the Loomis location closest to you is free. Interview Scheduling and Sign up for Non-Immigrant Visas Non-Immigrant Visa Vancouver Consulate Instructions: Return of Passports and Visas Passports will be returned by Loomis When registering an account on the CSC website to book your consulate interview, you are asked to select your local Loomis Courier branch. After issuing the Visa, the Consulate will send your Passport to this location, at which time Loomis contacts you to pick it up, or arrange for local delivery. Vancouver does not require you to register with Loomis beforehand, but Montreal does. Employment Insurance when immigrating to the U.S. Information on this can be found [here] Montreal IR1/CR1 Interview Letter Montreal Interview Letter for Immigrant Visa Applicants (CR1/IR1) as of September 2008 Other documents that accompany the interview letter Vancouver/Montreal K1 Visa Checklist (Packet 3)/Interview Letter (Packet 4) Direct link to Packet 3 on Vancouver consulate website: K1 & K3 Fact Sheets, and Packet 3 instructions list. Montreal Documents (Click document once to enlarge) Packet 3 Confirmation of Processing (Aug 2009) Packet 3 Checklist (Aug 2009) Packet 3 Instructions (Aug 2009): Page 1 Page 2 Page 3 Page 4 Packet 3 Photo Requirements Packet 4 (Oct 2009): Page 1 Page 2 Page 3 Packet 4 (Sep 2010): Page 1 Page 2 Page 3 Important notice Beginning October 22, 2008, all applicants applying for nonimmigrant (K) visas in Montreal must use the new DS-160 application form, which is accessible on https://ceac.state.gov/genniv/ After completing the new DS-160, the applicant will electronically submit the application and will be provided with a confirmation page that includes only limited biographical information and a bar code. Applicants must bring this confirmation page with them to their interview. Please note: if the online application has not been completed fully and properly the applicant’s case cannot be processed and a new interview appointment will be required. Medical Examinations for Immigrant and K visa applicants List of Panel Physicians in Canada Link Montreal Consulate Medical Information (Aug 2009): Page 1 Page 2 Page 3 (Click document once to enlarge) External links Montreal Supplement to instructions for Immigrant Visa Applicants Vancouver Consulate - Applying for a Visa in Vancouver Reciprocity Schedule - Dept. of State - Acceptable Canadian Documents (scroll to middle of page)
  4. Old forums can be found at http://www.visajourney.com/forums2 New Forums are here (at visajourney.com/forums) I know this is a big "WHOAAAAAAA!!!" but it had to be done. Before you ask, old posts will remain on the old forums. Please start posting here though!!! We can not move the old posts here automatically (keep this in mind). The server crashed corrupting data on the old forums. To be safe we had to start the new forums "clean" -- I am working like mad to move things and make it all work.... You will have full access to the old forums but I will disable new reg's there soon. In the next few days I will fix all the bugs and "pretty up" skin problems to make the new forums look as good or better than ever. Please feel free to copy over (manually "copy / paste") posts from the old forums (forums2) if you would like. Posts will not be automatically copied over. The posts on the old forums will remain visible indefinately as a public service for archives sake. You can search them by going to "forums2". I have to take care of more things here so PM or reply to this thread if you have any Q's. THANK you for your patience!!!!!!! :):)
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