Questions

[Dr. A ♥ O 203]

I just got back to my home after being gone for a month and this is the first chance I've had to look at my NOA2 letters for my I-130 and I-129F applicaitons.

The I-130 letter says it's a petition for a fiance and that my beneficiary is in the states which isn't correct he's in Egypt and he's my spouse.

Do I need to contact the USCIS to change that from fiance to spouse?

The I-130 letter also says he should apply for AOS and if he decided to apply outside the US then I need to send file form I-864 so that the I-130 would go to the NVC.

Does the I-130 not go to the NVC without the I-864? If so do I need to send the I-864 to the USCIS or the NVC?

The I-129F letter says it's also a petition for a fiance and the approval is only good from 12/14/07-04/13/08. In the letter is says they sent this one on the the NVC. It says after 4 weeks if I don't get a letter from the NVC about my petition then I can call them.

I don't understand why the sent one petition and not the other. I am uncertain what to do at this time about the visas and it looks like they have an expiration date. My Husband has 10 days before he reports to serve in the Egyptian Military being wisked away from me for 45 days with no contact until March 1st.

I was reading the I-864 in the guides and it says the NVC would send me a notification and a packet with the I-864 to complete.

Do I wait for that packet before filing out the I-864 independently?

Also I'm a student and made less that $2,000 last year living mostly off of financial aid and working as needed. I know I would need a co-sponser and my Mom has agreed to do it but we are unsure if they could the federal poverty guideline as net or gross? If it's net then we need a joint sponser and my brother has agreed to fill that out.

Would someone please clairfy for me: Do I my Mom and my brother all need to fill out the I-864, and my Mom and my brother need to fill out the I-864A?

Thanks alot!

Olivia

Edited January 9, 2008 by OlivianWaleed

[Dr. A ♥ O 203]

Even if you know the answer to some of the questions that would be helpful.

[Black Velvet 4]

OLIVIA (THAT'S MY MOTHER'S NAME),

NO, YOU DO NOT HAVE TO NOTIFY THE USCIS. IF YOU LOOK CLOSELY AT THE NOTICE OF ACTION (I-797 C), IT SAYS PETITION FOR FIANCE/SPOUSE. ALL K-3 FILERS, MUST SUBMIT A I-129 (FIANCE PETITION) & I-130 (SPOUSE PETITION).

YOUR QUESTION REGARDING THE I-864 SEEMS LIKE YOU WOULD PREFER TO GO FOR THE CR1/IR 1. WHEN YOU FILE THE K-3, YOU ARE ALSO FILING FOR THE CR-1/IR-1.

GO TO http://www.visajourney.com/forums/index.ph...mp;page=compare

REVIEW THE CHARTS. BETWEEN THE K-3 AND THE CR-1/IR-1, THE BETTER OF THE TWO IS THE LATTER.

DON'T WORRY ABOUT THE APPROVAL DATE, IF THE INTERVIEW IS NOT GRANTED BY THE EXPIRATION DATE. MY APPROVAL NOTICE EXPIRED ON SEPTEMBER 13, 2007. HOWEVER, MY HUSBAND'S INTERVIEW WAS NOT UNTIL NOVEMBER 13, 2007.

DECIDE WHICH VISA K-3 OR CR-1? THEN TAKE IT FROM THERE.

INCOME GUIDELINES DEPENDS ON THE NUMBER OF MEMBERS IN YOUR HOUSEHOLD. CLICK ON THE LINK BELOW TO GET A BETTER UNDERSTANDING OF THE REQUIREMENTS.

http://aspe.hhs.gov/poverty/07poverty.shtml

I KNOW THAT THIS IS TONS OF INFORMATION TO PROCESS. HOPEFULLY, I DID NOT CONFUSE YOU.

[Dr. A ♥ O 203]

Awe thx! I'll take a look at the information.

OLIVIA (THAT'S MY MOTHER'S NAME),

NO, YOU DO NOT HAVE TO NOTIFY THE USCIS. IF YOU LOOK CLOSELY AT THE NOTICE OF ACTION (I-797 C), IT SAYS PETITION FOR FIANCE/SPOUSE. ALL K-3 FILERS, MUST SUBMIT A I-129 (FIANCE PETITION) & I-130 (SPOUSE PETITION).

YOUR QUESTION REGARDING THE I-864 SEEMS LIKE YOU WOULD PREFER TO GO FOR THE CR1/IR 1. WHEN YOU FILE THE K-3, YOU ARE ALSO FILING FOR THE CR-1/IR-1.

GO TO http://www.visajourney.com/forums/index.ph...mp;page=compare

REVIEW THE CHARTS. BETWEEN THE K-3 AND THE CR-1/IR-1, THE BETTER OF THE TWO IS THE LATTER.

DON'T WORRY ABOUT THE APPROVAL DATE, IF THE INTERVIEW IS NOT GRANTED BY THE EXPIRATION DATE. MY APPROVAL NOTICE EXPIRED ON SEPTEMBER 13, 2007. HOWEVER, MY HUSBAND'S INTERVIEW WAS NOT UNTIL NOVEMBER 13, 2007.

DECIDE WHICH VISA K-3 OR CR-1? THEN TAKE IT FROM THERE.

INCOME GUIDELINES DEPENDS ON THE NUMBER OF MEMBERS IN YOUR HOUSEHOLD. CLICK ON THE LINK BELOW TO GET A BETTER UNDERSTANDING OF THE REQUIREMENTS.

http://aspe.hhs.gov/poverty/07poverty.shtml

I KNOW THAT THIS IS TONS OF INFORMATION TO PROCESS. HOPEFULLY, I DID NOT CONFUSE YOU.

[C and J 1]

The previous poster is correct in that the approvals are for fiance/spouse visa's so that is not a worry. They are also correct about the embassy being able to extend the expiry of the approval, if you have not had the interview in time.

However, the current process when the I129F and I130 are approved together is for USCIS to HOLD the I130 (at the national records centre) until the beneficiary has arrived in the US on their K3 visa and is ready to adjust status. That is why the approval notice states that the beneficiary is already in the US because, by the time they actually look at the I130 forms again, your spouse will indeed be in the US.

When the I130 is held for adjustment of status, the only way you can kick-start the I130 on it's way to the NVC is to file the form mentioned on the I130 approval notice. This would take many months to be actioned and will also cost additional money.

Now that you are locked into the K3 (unless you follow the instructions above) you will not need any of the financial information until your spouse has their interview at their local embassy/consulate. They will need to take that information with them and show to the interviewing officer. NVC will require no information from you for the K3.

Hope this is also helpful.

Edited January 9, 2008 by C and J

[Dr. A ♥ O 203]

Ok good to know and thx!

The previous poster is correct in that the approvals are for fiance/spouse visa's so that is not a worry. They are also correct about the embassy being able to extend the expiry of the approval, if you have not had the interview in time.

However, the current process when the I129F and I130 are approved together is for USCIS to HOLD the I130 (at the national records centre) until the beneficiary has arrived in the US on their K3 visa and is ready to adjust status. That is why the approval notice states that the beneficiary is already in the US because, by the time they actually look at the I130 forms again, your spouse will indeed be in the US.

When the I130 is held for adjustment of status, the only way you can kick-start the I130 on it's way to the NVC is to file the form mentioned on the I130 approval notice. This would take many months to be actioned and will also cost additional money.

Now that you are locked into the K3 (unless you follow the instructions above) you will not need any of the financial information until your spouse has their interview at their local embassy/consulate. They will need to take that information with them and show to the interviewing officer. NVC will require no information from you for the K3.

Hope this is also helpful.