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USCIS has approved I130 petition. What Next?

Khan2
02-28-09, 05:56 AM
I am in Lahore, Pakistan.My status divorced having 3 kids. She came here for a short visit and we got married. She is US citizen. now She is in USA and she filed petition I 130 at Vermont and thereafter vermont office sent the petition to California for processing. After 3 months the USCIS has sent her approval notice in first week of Feb 2009. It sounds that they have sent this approval initimation to NVC also for further proceedings. Kindly let me know the further proceedings in our case and how long will it take to finalize the process and I get the visa to my wife. Please apologize me if I have missed any important information. Regards

mary_mj4mj
02-28-09, 08:11 AM
Hello Khan,

Right now your case was just approved at a service center and is at the NVC as you know. It should be at the NVC for a few months and then they will schedule an interview within a few months of completion from the NVC stage.

Here is the link to see how the NVC process will go. http://www.familybasedimmigration.com/forum/immigrantvisaflowchart.php
and this one as well
http://www.familybasedimmigration.com/forum/nvc.php

Also, you need to be aware of something called AP (Administrative Processing) and it can happen at any stage but it will happen definitely after the interview. This is running around 5 - 6 months or longer for males coming from Pakistan. A few get out earlier but the average is quoted above.

Please come and read in this forum to get an understanding. http://www.familybasedimmigration.com/forum/showthread.php?p=39632#post39632

I can tell you that you have a common name in Khan without any other of your given names and you probably married non Desi so the marriage will be looked at more closely.

Good luck to you.

Khan2
02-28-09, 12:13 PM
Hello Khan,

Right now your case was just approved at a service center and is at the NVC as you know. It should be at the NVC for a few months and then they will schedule an interview within a few months of completion from the NVC stage.

Here is the link to see how the NVC process will go. http://www.familybasedimmigration.com/forum/immigrantvisaflowchart.php
and this one as well
http://www.familybasedimmigration.com/forum/nvc.php

Also, you need to be aware of something called AP (Administrative Processing) and it can happen at any stage but it will happen definitely after the interview. This is running around 5 - 6 months or longer for males coming from Pakistan. A few get out earlier but the average is quoted above.

Please come and read in this forum to get an understanding. http://www.familybasedimmigration.com/forum/showthread.php?p=39632#post39632

I can tell you that you have a common name in Khan without any other of your given names and you probably married non Desi so the marriage will be looked at more closely.

Good luck to you.

Thanks for your valuable information.
But i didnt understand the lines you wrote in quotes. Would you please explain it to me.
Also will you suggest me to engage some lawyer in filing the papers or I do it by myself (I am confident i can fill these papers properly).
Once again thanking you

mixchel
02-28-09, 02:01 PM
Did you read the recommended thread yet? If you do, it will all become clear.

After you make your visa application and interview, you will undergo sercurity checks and name checks and potentially a field investigation.
This process is known as AP/Administrative Processing or 221(g). Please read the thread mary linked first.

mary_mj4mj
03-01-09, 08:54 AM
You can file the paperwork yourself but you need to read about AP that I linked to you. A lawyer, senator, congressman or anyone else will not be able to help you with the AP. Look forward to seeing you in the Islamabad forum.

Khan2
03-01-09, 12:17 PM
What they would likely investigate in field investigation?
Thanks mary and mixchel, hope your guidence will help unite us, me and wife.

mary_mj4mj
03-01-09, 12:34 PM
Khan,

They probably will do a field investigation to make sure that your family knows of your marriage. This is very common with Desi/non Desi marriages. In some cases a Desi marriage does get investigation but not like the non Desi marriage. Field investigators can also contact your work, your family, friends, and persons that attended the marriage to make sure that you are telling them the truth. It happened in our case.

After the interview we were given a 221(g) and told everything was fine but it needed some more processing. At that time AP was not discusssed and we just thought they were waiting on his name check or fingerprints to clear. His interview was in December and then an investigator did go to his home. His mother, father, youngest sister and one or more of his brothers were at home. The investigator came inside and asked if he was at work and if he could come home? He looked at our wedding photos, talked in detail to the family, had chai with Mian when he came home, interviewed him and then asked to go to one of his married sister's home nearby. They went to her house and she was interviewed and he got a list of the wedding party and called several of them including the Iman. Interview was 12/12/05 and field investigation was 01/17/06.

Believe me they asked every family member if they approved of our marriage and even told his mother and father that they would deny the visa if they were not happy that we married. They asked if he left Pakistan would it be with their blessings? Everyone's experience is different and you cannot only go by mine.

Your being divorced they may look more closely at the divorce. Investigators sometime just make calls or go to the neighbors or others and you never know you had a field investigation until someone tells you later on.

Field investigators look at your job or schooling sometimes, the marriage for validity, the divorce to see all the details, all of this is ongoing with the name and fingerprint checks. There are many variables and reasons that they can and do field investigations but they are very common for Islamabad cases.

Khan2
03-01-09, 01:04 PM
Mary,
Your details are really really encouraging as well as informative. you are ofcourse a blessing for people like us. What one would do without you.

Well presently we are waiting to hear from NVC. I would appreciate if you please provide us any helping information till such time i get papers from NVC.

mary_mj4mj
03-01-09, 01:15 PM
Just start getting all your evidence ready for the interview part. Make sure you have pictures, phone call records if possible, emails, cards, etc. Keep ongoing evidence even if you get AP because in the past they have requested new/ongoing evidence of relationship. I kept phone records and chat logs. Good luck.

Khan2
03-02-09, 09:38 AM
Mary,
Thanks again.
How can I keep phone records as we call each other through cell phones and hope you wont mind to tell me how can I keep the chat log as we are chatting almost daily.

mary_mj4mj
03-02-09, 12:22 PM
It has been years since I chatted but I kept the box open and in my yahoo I could configure it at the time to save the chats. Then I printed off the chats and kept them in a file and sent him the whole box right before his interview. Please go into the chat program you use and check the instructions for details on how to keep copies.

Cell phones some cards or companies you can request details from them if you purchase the cards online. Otherwise I am not sure how since I deliberately kept a home phone line to use to show the calls just until after his approval. We used phone cards for the long calls. The embassy will not accept the used cards without detailed logs.

Khan2
03-06-09, 04:54 AM
If you are a U.S. Citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 Visa. This will entitle him or her to come to the U.S. to live and work while the visa petition is pending. The Form to file for this benefit is Form I-129F. It is not necessary for your spouse to obtain a K-3 visa in order to come to the U.S. to live and work. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be a method for him or her to come to the U.S. more quickly. If you are a Lawful Permanent Resident (LPR) and you have filed Form I-130 for your spouse and/or minor children on or before 12/21/00, your spouse and/or children may be eligible for the V visa classification if more than three yea
How come this rule help us unite? is it quicker than I 130 process? Will this I 129 is applicable in our case(Since we have married each other while my wife visited Pak)? How can apply for K-3 visa? ( can we do that?)
My questions are little mess up, but I hope you would understand what I intend to know.
Thanks

mary_mj4mj
03-06-09, 07:52 AM
Yes, the rule was to help get married couples reunited sooner but over the years a IV applicant is approved now within one year instead of several years.

To file the K-3 now would cause delays in your case. The 129F should of been submitted when you got the NOA 1 for the I-130. It takes about the same length of time to process at the service center as the I-130 does so by the time you get this part done you could be finished and waiting on your interview.

Personally, bringing a male from Islamabad on the K-3 is not worth the trouble. If you come to the USA on the K-3 you cannot work until you file more paperwork and it can take several months before you are work authorized. If you come on the IV you do not have any adjustments unless you are married under two years at the time of your POE.

At the time of the POE if you are married under 2 years you would be a CR-1, conditional resident, and would need to file an I-751 to lift conditions 2 years minus 90 days of the POE arrival. If you are married over 2 years you would be a Permanent Resident.

Again security checks happen and you can get stuck in AP at the embassy level with the K-3 and then once again when you file more paperwork. Thus, the CR-1/PR is the best way to go with a male applicant.

Please read the link in the bottom of my post concerning AP since you are male and coming from Islamabad.

Hope I helped answer your questions.

http://www.familybasedimmigration.com/forum/showthread.php?p=39936#post39936 link to FAQ about AP.
http://www.familybasedimmigration.com/forum/showthread.php?t=4016 link to Islamabad thread

mixchel
03-06-09, 11:35 AM
How can apply for K-3 visa? ( can we do that?)


Your Immigrant Visa case is already in the NVC? What are you doing with K-3 information?

That boat has sailed my friend.

Raven
03-06-09, 11:45 AM
If you are a U.S. Citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 Visa. This will entitle him or her to come to the U.S. to live and work while the visa petition is pending. .....
How come this rule help us unite? is it quicker than I 130 process?

Your visa petition is no longer pending, it has already been approved.

For this and other reasons, you (and a lot of other people) really should learn and understand the difference between the visa petition and the visa application. Two separate and distinct things.

Khan2
03-28-09, 09:14 AM
Today NVC send us mail to deposit the IV fee bill and Affidavit of Support bill. Pray for us.

ladymrn1
04-01-09, 09:25 PM
Congratulation

Try to pay ur fees online it does help because then you get your cover sheet online 2 days later instead of waiting for it in the mail. I got an e-mail when my case was approved on march 17th up to this day i have not received the approval notice but I called nvc at 603-334-0700 on the the 23rd and gave them my e-mail address they sent me the affidavit fee bill on the 27th I paid online and the next day I checked back and got my cover sheet so I can send them the income tax





Today NVC send us mail to deposit the IV fee bill and Affidavit of Support bill. Pray for us.

Khan2
04-26-09, 05:23 AM
Today the fee for AOS and IV has been deposited and they showed the status 'Paid'. Should I now go for obtaining the police report or should i wait till i get the papers from NVC? Or what else I should do till the process is on its way?

mary_mj4mj
04-26-09, 09:16 AM
Khan2,

I would wait just a few days and then gather up my police certificates just to make sure that the expiry date is not too short. Expiry date on your certificates vary from 30 days to 6 months depending on the providence that issues it. You should be getting the instructions packet from the NVC within a few weeks.

ladymrn1
04-27-09, 08:43 AM
khan
gather all your civil documents if you paid online u should be able to print ur cover sheet with the barcode if the status says paid. that way you can send all your documents with ur ds230 that you should be able to print out also, instead of waiting for anything on the snail mail

Khan2
04-27-09, 01:19 PM
Thank you so much lady, ok I do it now.

Syed Najam
05-12-09, 04:45 AM
Hello Mr. Khan,

well bro, i am also in Lahore and my wife in US she file i-130 on 13 Feb 2009

i-130 approved and we received Notice on 17 March 2009

but still we are waiting , NVC has no record of my case .. its almost 2 months...

can u tell me , when NVC received ur case ? or after how long they contact with u ?

thanks and regards,

Syed Najam

ladymrn1
05-19-09, 08:45 PM
two weeks ago I sent the ds230 for my husband and his 3 sons I called today they told me the case is complete, so we are just waiting for the interview date. Hopefully soon

Khan2
05-29-09, 09:35 PM
Hello Syed Najam, NVC will contact you or your attorney in due course, be patient and you will definitely hear soon from them.

Khan2
05-29-09, 09:42 PM
"AFFIDAVIT OF SUPPORT" we are facing problem in completing this document as wife's(US citizen) tax papers don't qualify for AOS and we have none other there (US citizen) whom we could seek help for this AOS. Is there any other way ?

Raven
06-01-09, 08:59 AM
"AFFIDAVIT OF SUPPORT" we are facing problem in completing this document as wife's(US citizen) tax papers don't qualify for AOS and we have none other there (US citizen) whom we could seek help for this AOS. Is there any other way ?

Joint Sponsors do not need to be US citizens. LPRs can also be sponsor or joint sponsors. Be they citizen or LPR, sponsors and joint sponsors do need to be domiciled in the USA.

You need to explain more about why your wife's financial situation and why it's been determined that she does not qualify to sponsor. Some general observations:
- It's current income, and a reasonable expectation that current income is sustainable, that is the essential requirement for sponsorship.
- The minimum income level required for sponsorship is really quite low. If your wife truly does not qualify then your biggest problem is not finding a joint sponsor for immigration purposes, your biggest problem is finding someone who will actually provide you with money to live on.

Khan2
06-19-09, 12:41 PM
Thanks Raven, actually my wife gets a cheque of around 500$ monthly as allowance from social security, thats why she feels not qualify for sponsoring. She didnt find any job from last two years and is living on these cheques. Now guide us how to proceed in the affidavit of support process successfully.

Khan2
07-12-09, 03:26 AM
Thanks Raven, actually my wife gets a cheque of around 500$ monthly as allowance from social security, thats why she feels not qualify for sponsoring. She didnt find any job from last two years and is living on these cheques. Now guide us how to proceed in the affidavit of support process successfully.

Still waiting for guidance from any end!!

mary_mj4mj
07-12-09, 09:58 AM
Here is the poverty guidelines (http://www.uscis.gov/files/form/I-864P.pdf)and you will have to see what the income is vs the guidelines. SS beneftis are sometimes allowed and sometimes not. She may need a joint sponsor.

Raven
07-12-09, 02:46 PM
Thanks Raven, actually my wife gets a cheque of around 500$ monthly as allowance from social security, thats why she feels not qualify for sponsoring. She didnt find any job from last two years and is living on these cheques. Now guide us how to proceed in the affidavit of support process successfully.

Still waiting for guidance from any end!!

Read the I-864 instructions.

Khan2
10-16-09, 08:57 AM
Finally papers (including I -864 along with supported documents) sent to NVC. What would be next move from NVC?
Thanks

TracyTN
10-16-09, 09:01 AM
http://www.familybasedimmigration.com/forum/immigrantvisaflowchart.php

Raven
10-16-09, 09:48 AM
Finally papers (including I -864 along with supported documents) sent to NVC. What would be next move from NVC?
Thanks

http://www.familybasedimmigration.com/forum/immigrantvisaflowchart.php

And
http://travel.state.gov/visa/immigrants/info/info_1335.html

Khan2
12-03-09, 11:00 AM
Still waiting call for interview from NVC , papers been sent there a month earlier.
Thanks

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