Going to the US: I-130 Petition (Spouse/Immediate Relative)-Part 2

[magic dragon]

1st, thank you so much to sis lyn for the great effort.

^The Affidavit of Support (AOS) the petitioner signed is valid and in effect still kahit bed ridden cya since he signed it before. Though if they asked for an update of the signed AOS and the petitioner doesn't have enough income now. His other relative can co-signed an AOS form. Even if bed ridden cya but still in sound mind. He can update the AOS he signed. Just signed another AOS form together with another I-864 AOS form completed by the other relatives.

i just had a talk with the acquaintance. just a follow-up: what if the original petitioner refuses to sign for an AOS again and not willing to provide the pertinent dox anymore? the mother & daughter (F1) had a falling out, but the aunts & uncles are willing to pursue the petition by providing all the dox this time. will that affect the process? you mean the orig petitioner must also sign another I-864 AOS form to be signed by the relatives? di ba pwede only the relatives sign this?

And the co-signed should produce the requirements needed sa AOS like current Tax Returns, Pay Stubs, Employment Letter etc.

there will be no problem re all these dox because the relatives have stable income.

There is a law now in US immigration that the relatives of the benefiary can appeal if they could shoulder the petition without going back and submitting everything from scratch. The relatives needs to be qualify to petition that benefiarcy though. In order to continue where the original petitioner left off.

after all those questions above, can the relatives pursue the case without the assistance of a lawyer?

sis lyn, thank you for the info. so much of a great help. 

[magic dragon]

join ako sa guessing game!
 

anyways,mag guessing game naman tayo! ok,yung visa bulletin ng feb.,hulaan natin kung uusad ng marami or konti or uurong ng konti or uurong ng marami and PD's...game na!

forward ng mga 2-3 months ang guess ko for F1. pero sa mga F2 etal, feeling ko malaki ang leap forward. magkano ang taya? 

[kuruga]

basta sa ni review ko na PD's pag feb. na umuusad na and tuloy-tuloy na pero pagdating ng ber na months bumabagal na naman at recently nga nagkaroon pa ng retro...'

[septembernine]

sana nga positive leap this feb. fighting!

[jaymien]

let's all super duper pray na sana mag super duper leap ang vb! there is nothing impossible with God and i'm pretty sure na even Him, most especially Him eh gusto mag-reunite ang mga families! so pray,pray,pray!!! ilang days nalang lalabas na ulit ang vb for feb. so, kung ano man ang lalabas duon,let's be thankful because i know that everything happens according to His will ("but please LORD,please please please, mag move to 'current'- hahaha!) and i am thankful too that He made me filipina 

[kuruga]

let's all super duper pray na sana mag super duper leap ang vb! there is nothing impossible with God and i'm pretty sure na even Him, most especially Him eh gusto mag-reunite ang mga families! so pray,pray,pray!!! ilang days nalang lalabas na ulit ang vb for feb. so, kung ano man ang lalabas duon,let's be thankful because i know that everything happens according to His will ("but please LORD,please please please, mag move to 'current'- LOL!) and i am thankful too that He made me filipina 

sis, (hehe) all of us i know na super duper expecting na for the super duper leap!LOL! which state ka ba sis?

[jaymien]

sa Arizona kami.hehe.i am really enjoying ang company ng mga sissies! i'm grateful that i found this site =).kayo,which state kayo?

[septembernine]

^california

[kuruga]

... CALIFORNIA 

(kunwari aalis na rin me..yepeyy!!hehe) 

[cherry*coke]

kuruga and lyn.. sa oregon po ako.. medyo sad kasi konti lang pinoy dun.. hindi naman kami basta pwede mag move kasi andon family ni hubby and kailangan namin sila para may kaalalay sa pagbabantay ng anak ko.. thanks sisters..

sis aien..wag mo na intindihin yun..for sure naman may address ka na sa kanila sa dami ng forms na finill out mo.. goodluck sa interview! 

[lyn]

@magic dragon, you're welcome sis.

From what I know ha sa pagbabasa ko lang. Sabi doon pag yung original petitioner refuse to sign an updated AOS form. Parang inabandon nya yung petition kasi he/she isn't interested to further the process. Hindi pa kasi patay din yung petitioner. Yung sabi ko na the relatives can appeal their case na sila nalang mag petition sa benefiary eh, sabi if original petitioner is dead. But maybe there's a way around it. A lawyer might know those clauses or you/your friend can read more about that. I just come across it accidentally kasi kaya I have a small inkling about it.

The best to do this is maybe let the aunt and uncle tell the mom that if she just sign updated AOS but the aunt and uncle will be the one who will show their income capabilities. Though mahirap yun kasi the original petitioner need to submit his/her W2/ITR din kahit zero income cya just so the US government know if you file your Tax Returns. Also, in the eyes of the US Government the mother is primarily responsible to the beneficiary financially, the aunt and uncle second.

you mean the orig petitioner must also sign another I-864 AOS form to be signed by the relatives? di ba pwede only the relatives sign this?

Yes, Original petitioner need to complete another AOS I-864 form. And if your aunt and uncle also live with the benefiary's mother then they (uncle and aunt) needs to complete the form I-864A Contract Between Sponsor and Household Member. But if hindi sila the same house tumitira. Yung uncle and aunt nya need to complete the I-864 form like the original petitioner is signing. The aunt and uncle then will be known as the co-signer. So in a way, there's 2 I-864 submitted. One from the original petitioner and another from the aunt and uncle.

So in a way din kasi they're continuing the original petition without going back from scratch but in order to do that they need a bit cooperation with the original petitioner. At least a signature, and her latest 3 years of ITR. Which they could request online.

after all those questions above, can the relatives pursue the case without the assistance of a lawyer?

They need to search and read more about it sis if they want to do it without the help of a lawyer. If the mother will just agree to update the AOS and have the uncle and aunt co-sign, the benefiary will be okay.

Or they could patch things up, the mother and daugther.

Note: Also before I forget, when I posted before the Relatives needs to be qualified to petition the benefiary, one of that qualifier is when they are in the category to petition a neice. I don't think there's category of an aunt/uncle petitioning a neice. But for example: a sister petitioning a sister, qualify to shoulder the previous petition when the original petitioner can't. But to be sure, read more about it or hire a lawyer. If they do hire a lawyer be sure that lawyer knows what he/she is doing.

[lyn]

@septembernine, kuruga and cherry*coke: Ahh...dami pala sa Cali pupunta.

Kala ko din sa state namin maliit lang mga pinoy, but I finally found someone who knows someone else. So I get to see other pinoy living in my state which is TN.

[koreanangprinsesa]

Hello po. Ask ko lang po tungkol sa situation namin. Naguguluhan po kasi ako eh.


US citizen na po ang ate ko. Nag file siya ng petition last month para sa amin ng kapatid ko and ng parents ko. Under 21 pa po ako pero birthday ko na next week. Yung kuya ko po is 27 na.

Ask ko lang po gaano katagal iintayin ng parents ko para makapunta sila dun and if ever po ba makakasama ako sa pag-alis nila? Thanks po!

[lyn]

koreanangprinsesa, here's my timeline petitioning BOTH my parents.

USCIS: IR-5

03/22/2010 - Sent I-130 for Both Parents via Express Mail
03/23/2010 - I-130 RCVD by USCIS
03/31/2010 - NOA 1 Receipt Date
04/14/2010 - NOA 1 RCVD
09/22/2010 - Approved
09/28/2010 - RCVD NOA 2

NVC:

10/06/2010 - NVC RCVD our Case from USCIS
10/12/2010 - All Day trying to Call NVC; line is sooo BUSY.
10/13/2010 - @ 1:28 AM CT I RCVD an email from NVC for my Mom's Case# & to pay AOS fee bill of $88. Haven't RCVD any yet for my Dad's petition.
10/13/2010 - @ 3:49 AM CT I RCVD an email from NVC for my Mom's DS-3032
10/13/2010 - @ 5:08 AM CT Emailed NVC to registered our respective Email Add'es.
10/13/2010 - @ 2:47 PM CT Finally got thru to NVC & registered our Email Add'es & Got my Dad's NVC Case#. Yey!
10/14/2010 - Paid AOS fee of $88.00 for Both Parents
10/14/2010 - Emailed DS 3032
10/15/2010 - @ 10:30 PM RCVD an email from NVC for my Dad's ACL Universal
10/16/2010 - @ 12:53 PM RCVD Signed DOCS package from my Parents
10/19/2010 - @ 12:33 AM AOS shown as PAID & Printed the AOS Cover Sheet
10/20/2010 - Sent DS 3032 Hard Copy
10/25/2010 - DS 3032 Delivered
10/28/2010 - Sent I-864 (AOS) on the Mail
10/28/2010 - @ 4:49 AM DS 3032 Accepted
11/01/2010 - IV Fee Bill Generated
11/02/2010 - AOS Delivered
11/15/2010 - My Parents RCVD their NEW Passports, PAID IV Fee Bill of $404 for each Parent
11/16/2010 - IV Fee Bill shown as PAID & Printed the coversheet
12/02/2010 - DS 230 Mailed
12/30/2010 - NVC emailed me Case Complete
--/--/2011 - Medical Date
02/03/2011 - Interview Date
--/--/2011 - Visa Approved
--/--/2011 - Visa on Hand

Take Note: That's why it took awhile in my NVC process bec I have to time everything when my parents send me their docs and waiting for all the corrections in their Birth Certificate, Marriage Certificate etc. It took them 2-3 months waiting. Tapos nakalimotan pa signature sa registrar when my mom have her Birth Certificate corrected. And after that, that's when they apply for their passports. Mailing their docs and forms took awhile din we didn't used FedEx. Nagtitipid kasi. And most of all we're not in a hurry.

Usually kasi you can finished/have a case complete sa NVC process in a month time especially if you respond and pay the fees when they send you an email.

Also the process sa USCIS (for Notice of Action 1 & 2) usually finished as early as 3 months if you're lucky. If not usually is 5 months or more. 

From what I've read about CSPA, If your parents petition is case complete, meaning tapos na sa NVC process and wala ka pang 21 years you can go together with your parents when they fly here by asking to expidiate the process sa USE Manila. But since your US citizen sister only filed it last month and your birthday will be next week (are you turning 21 on that birthday? Advance Happy Birthday pala), I don't think you can. You can research or ask a lawyer about it though to be sure. And maybe you can try reading the CSPA (Child Status Protection Act) from the USCIS website or google about it.

Hope that helps you out and get an idea from my timeline. Goodluck!

[koreanangprinsesa]

Thank you po! tanong ko lang din po kung nag vavary rin ba yung  tagal ng petition as per state? Kung mas konti yung nag aapply mas mabilis ba?

My sister is in Pennsylvania and sabi niya konti pa lang daw yung mga resident dun na galing sa foreign countries.

[kuruga]

koreanangprinsesa, here's my timeline petitioning BOTH my parents.

USCIS: IR-5

03/22/2010 - Sent I-130 for Both Parents via Express Mail
03/23/2010 - I-130 RCVD by USCIS
03/31/2010 - NOA 1 Receipt Date
04/14/2010 - NOA 1 RCVD
09/22/2010 - Approved
09/28/2010 - RCVD NOA 2

NVC:

10/06/2010 - NVC RCVD our Case from USCIS
10/12/2010 - All Day trying to Call NVC; line is sooo BUSY.
10/13/2010 - @ 1:28 AM CT I RCVD an email from NVC for my Mom's Case# & to pay AOS fee bill of $88. Haven't RCVD any yet for my Dad's petition.
10/13/2010 - @ 3:49 AM CT I RCVD an email from NVC for my Mom's DS-3032
10/13/2010 - @ 5:08 AM CT Emailed NVC to registered our respective Email Add'es.
10/13/2010 - @ 2:47 PM CT Finally got thru to NVC & registered our Email Add'es & Got my Dad's NVC Case#. Yey!
10/14/2010 - Paid AOS fee of $88.00 for Both Parents
10/14/2010 - Emailed DS 3032
10/15/2010 - @ 10:30 PM RCVD an email from NVC for my Dad's ACL Universal
10/16/2010 - @ 12:53 PM RCVD Signed DOCS package from my Parents
10/19/2010 - @ 12:33 AM AOS shown as PAID & Printed the AOS Cover Sheet
10/20/2010 - Sent DS 3032 Hard Copy
10/25/2010 - DS 3032 Delivered
10/28/2010 - Sent I-864 (AOS) on the Mail
10/28/2010 - @ 4:49 AM DS 3032 Accepted
11/01/2010 - IV Fee Bill Generated
11/02/2010 - AOS Delivered
11/15/2010 - My Parents RCVD their NEW Passports, PAID IV Fee Bill of $404 for each Parent
11/16/2010 - IV Fee Bill shown as PAID & Printed the coversheet
12/02/2010 - DS 230 Mailed
12/30/2010 - NVC emailed me Case Complete
--/--/2011 - Medical Date
02/03/2011 - Interview Date
--/--/2011 - Visa Approved
--/--/2011 - Visa on Hand

Take Note: That's why it took awhile in my NVC process bec I have to time everything when my parents send me their docs and waiting for all the corrections in their Birth Certificate, Marriage Certificate etc. It took them 2-3 months waiting. Tapos nakalimotan pa signature sa registrar when my mom have her Birth Certificate corrected. And after that, that's when they apply for their passports. Mailing their docs and forms took awhile din we didn't used FedEx. Nagtitipid kasi. And most of all we're not in a hurry.

Usually kasi you can finished/have a case complete sa NVC process in a month time especially if you respond and pay the fees when they send you an email.

Also the process sa USCIS (for Notice of Action 1 & 2) usually finished as early as 3 months if you're lucky. If not usually is 5 months or more. 

From what I've read about CSPA, If your parents petition is case complete, meaning tapos na sa NVC process and wala ka pang 21 years you can go together with your parents when they fly here by asking to expidiate the process sa USE Manila. But since your US citizen sister only filed it last month and your birthday will be next week (are you turning 21 on that birthday? Advance Happy Birthday pala), I don't think you can. You can research or ask a lawyer about it though to be sure. And maybe you can try reading the CSPA (Child Status Protection Act) from the USCIS website or google about it.

Hope that helps you out and get an idea from my timeline. Goodluck!

hi sis lyn 

i read the timeline for your parents petition..( it shows how much u love your parents )

 sis, ask ko lang sana kung where mo pinadala ang emailed DS 3032? sa anong email add po? pwede rin kaya na i-send yun thru mail ang DS 3032? need ko pa ba inform ang NVC bout my email add so when time comes na current na PD ko sa email ko na lang sila co-contact? tsaka sis ano po ang hard copy DS 3032 where u send yun?

thank u 

[alit]

Hi to All!  I'm new in this forum, pero since last year nagbabasa na ako ng mga messages from this site.... I'm a principal applicant under F2A category, my PD is Sept. 2008 and my case completed last Oct. 22... I'm one of those na unfortunately affected by the retrogression... for the past weeks i feel so upset pero pag nababasa ko yung mga posts dito i feel relieved kasi sa ibang forums na nasalihan ko siguro dahil di lahat pinoy naa-upset ako lalo kasi iba-iba yung point of view nila kaya lalo akong naguguluhan...

I want to stay positive (like all of u here) since this is the beginning of another year, i really hope and pray na next week will bring a good news and new hope for all of us... God bless us all...

[kuruga]

welcome sis alit 

the good thing in here lahat ng sissies dito is approachable  walang nega 

lapit na feb. vb! 

[lyn]

@sis kuruga, you can email your DS 3032 Choice of Agent at the NVC email address: NVCINQUIRY@state.gov.

Just follow the format they have here for emailing them: http://travel.state.gov/visa/immigrants/info/info_3177.html

In order to ensure a prompt response:

-Enter your NVC Case Number in the Subject Line of the e-mail.
-Provide the applicant’s name and date of birth and the petitioner’s name and date of birth.
-If you are an attorney, include the name of the law office requesting the information.
-If the petition is employment-based, include the company/organization name.
-Ask about only one case per e-mail.

Here's a link for an email template/sample for DS 3032: http://www.visajourney.com/wiki/index.php/Email_DS-3032_form

The DS 3032 hard copy is the print out form of this: http://www.state.gov/documents/organization/80023.pdf

Beneficiary will be the one to appoint who he/she wants to received all the communication from the NVC. About where to send the Hard Copy of the DS 3032 you'll received an email naman where to send it usually ito address:

National Visa Center
Attn: WC
31 Rochester Avenue, Suite 200
Portsmouth, NH 03801-2909

NVC preffered to contact you via email kasi fast so it's best to registered your email address to them so once they have something done to your papers you will immediately know kahit madaling araw na. He he Call NVC at tel#: 603-334-0700 so you can registered your email. Once they accepted the DS 3032, all communication will be thru your email. They will send you the AOS, IV Fee Bill, Instructions etc...

Where na kayo sa process sis?

Welcome sis alit. Very friendly and helpful mga sises natin dito.

[kuruga]

@sis kuruga, you can email your DS 3032 Choice of Agent at the NVC email address: NVCINQUIRY@state.gov.

Just follow the format they have here for emailing them: http://travel.state.gov/visa/immigrants/info/info_3177.html

Here's a link for an email template/sample for DS 3032: http://www.visajourney.com/wiki/index.php/Email_DS-3032_form

The DS 3032 hard copy is the print out form of this: http://www.state.gov/documents/organization/80023.pdf

Beneficiary will be the one to appoint who he/she wants to received all the communication from the NVC.

NVC preffered to contact you via email kasi fast so it's best to registered your email address to them so once they have something done to your papers you will immediately know kahit madaling araw na. He he Call NVC at tel#: 603-334-0700 so you can registered your email. Once they accepted the DS 3032, all communication will be thru your email. They will send you the AOS, IV Fee Bill, Instructions etc...

Where na kayo sa process sis?

Welcome sis alit. Very friendly and helpful mga sises natin dito.

sis lyn...  maraming salamat ! hindi pa current PD ko sis tagal pa pero im just preparing lang ..(girlscout kumbaga!hehe) do i really need to call the NVC to have my email registered or pwede na i-email ko na lang sila bout my email add?...hehe...hirap daw kasi nilang i-contact sa phone and never ko pa na try ang google, free pa kaya yan sa ngayon..hmm...

thank u again sis have a nice day