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Successfull CP/POE from mubai on 24th june/9july
- Thread starter bhagat
- Start date
raj:
No offense but please avoid posting questions in multiple threads. I do understand the excitement and urgency coz i have myself gone thru this process but if one puts duplicate questions then senior members may assume that your question would be answered by someone else and hence remain unanswered.
No offense but please avoid posting questions in multiple threads. I do understand the excitement and urgency coz i have myself gone thru this process but if one puts duplicate questions then senior members may assume that your question would be answered by someone else and hence remain unanswered.
Birth Certificate of my Wife
My wife cannot produce her BC. I heard we can get a BC from the Consulate General of India (Chicago), as I am from Missouri.
Will this BC be valid for her during our CP interview at Mumbai consulate?
To be safe, I will get two affidavit from her parents.
My BC is also relatively new. I guess I will get affidavit from my parents as a backup.
Is there anything else that I can do to make sure I end up with lesser problems regarding the BC issue during CP interview?
(I'm sorry if this questions is already answered. I was not able to find more details in the forums.)
My wife cannot produce her BC. I heard we can get a BC from the Consulate General of India (Chicago), as I am from Missouri.
Will this BC be valid for her during our CP interview at Mumbai consulate?
To be safe, I will get two affidavit from her parents.
My BC is also relatively new. I guess I will get affidavit from my parents as a backup.
Is there anything else that I can do to make sure I end up with lesser problems regarding the BC issue during CP interview?
(I'm sorry if this questions is already answered. I was not able to find more details in the forums.)
CP-QUERY:
BC issued by Indian consulate is based on passport Date of birth wherein passport is considered a secondary evidence and hence BC issued based on passport is not accepted as a DOB evidence for usa immigration purposes.
You options are:
1. To get original BC from appropriate municipal authorities from your home country / city where one was born
OR
2. If the authorities state that BC is not available then they need to issue Non-Availability Certificate (NAC). NAC plus 2 affidavit of birth from each of the parents or elder siblings or elder relatives are required.
So you have option 1 or 2 and no other option. And remember this is a required document so you cannot avoid this.
BC issued by Indian consulate is based on passport Date of birth wherein passport is considered a secondary evidence and hence BC issued based on passport is not accepted as a DOB evidence for usa immigration purposes.
You options are:
1. To get original BC from appropriate municipal authorities from your home country / city where one was born
OR
2. If the authorities state that BC is not available then they need to issue Non-Availability Certificate (NAC). NAC plus 2 affidavit of birth from each of the parents or elder siblings or elder relatives are required.
So you have option 1 or 2 and no other option. And remember this is a required document so you cannot avoid this.
cp-query:
I think it is fine if she leaves for india after getting pcc and pcc stamping in passport from an indian consulate in usa. Just make sure that her pcc is not more than 180 days old as on the date of the interview.
It is normally advised to apply for pcc when you pay your CP fees of $335 per head and before NVC completes the review of your P3. This way the pcc is likely to remain valid.
If it becomes invalid due to delayed interview then she will need to get 2 pcc's from india as she will be in india then along with her passport.
I think it is fine if she leaves for india after getting pcc and pcc stamping in passport from an indian consulate in usa. Just make sure that her pcc is not more than 180 days old as on the date of the interview.
It is normally advised to apply for pcc when you pay your CP fees of $335 per head and before NVC completes the review of your P3. This way the pcc is likely to remain valid.
If it becomes invalid due to delayed interview then she will need to get 2 pcc's from india as she will be in india then along with her passport.
Received P3 and got few more question:
KD:
I recevied my P3 today and as usual they are not very clear in their instructions so I will need help from CP guru "KD":
1. Regarding BC, In the packet 3 it is wriiten I need only "an affidavit executed before an official authorized to take oaths (i.e., a magistrate, commissioner of oaths, justice of the peace or the like) by the mother. If she is desceased etc.....)
kd:
What is the NAC (Non Availabilty Certificate) ? Where can I get this in Mumbai/Pune (I mean what kind of office it will be available?)
Also Does this mean only one affidavit is enough (to be safe I will get two, one from each parent)?
2. They have not specified anything about I-324 but they say I-864 is required if a relative (My non working Spouse is a relative?) of the beneficiary filed the immigrant visa petition or has at least a five percent ownership interest in the business or the corporate entity that filed the petition.
While doing reasearch on these forums I was under the impression that the
I-324 is for employment based immigration if spouse is not working &
I-864 is for family based immigration visas.
If I-864 is required for me (EB3 GC CP),
who, Employer or Myself will produce and mail it to NVC?
when should I submit it, now with P3/DS-230 Part-I or at the time of CP interview?
Thanks in advance.
KD:
I recevied my P3 today and as usual they are not very clear in their instructions so I will need help from CP guru "KD":
1. Regarding BC, In the packet 3 it is wriiten I need only "an affidavit executed before an official authorized to take oaths (i.e., a magistrate, commissioner of oaths, justice of the peace or the like) by the mother. If she is desceased etc.....)
kd:
What is the NAC (Non Availabilty Certificate) ? Where can I get this in Mumbai/Pune (I mean what kind of office it will be available?)
Also Does this mean only one affidavit is enough (to be safe I will get two, one from each parent)?
2. They have not specified anything about I-324 but they say I-864 is required if a relative (My non working Spouse is a relative?) of the beneficiary filed the immigrant visa petition or has at least a five percent ownership interest in the business or the corporate entity that filed the petition.
While doing reasearch on these forums I was under the impression that the
I-324 is for employment based immigration if spouse is not working &
I-864 is for family based immigration visas.
If I-864 is required for me (EB3 GC CP),
who, Employer or Myself will produce and mail it to NVC?
when should I submit it, now with P3/DS-230 Part-I or at the time of CP interview?
Thanks in advance.
Re: Received P3 and got few more question:
I-864 is not required for most EB cases. Use I-134 ( not I-324 as you incorrectly mentioned).
Non availability certificate for birth shoule be obtained from the same authority that issues regular birth certificates. They can check their records to see if the birth was registered and issue a letter if a record is not found.
2 affidavits are preferred, at least one from a parent. If both parents are deceased then get affidavits form other close relatives who are personally aware of your birth. You can also include other documentary evidence like school records, etc.
Originally posted by CP-QUERY
KD:
I recevied my P3 today and as usual they are not very clear in their instructions so I will need help from CP guru "KD":
1. Regarding BC, In the packet 3 it is wriiten I need only "an affidavit executed before an official authorized to take oaths (i.e., a magistrate, commissioner of oaths, justice of the peace or the like) by the mother. If she is desceased etc.....)
kd:
What is the NAC (Non Availabilty Certificate) ? Where can I get this in Mumbai/Pune (I mean what kind of office it will be available?)
Also Does this mean only one affidavit is enough (to be safe I will get two, one from each parent)?
2. They have not specified anything about I-324 but they say I-864 is required if a relative (My non working Spouse is a relative?) of the beneficiary filed the immigrant visa petition or has at least a five percent ownership interest in the business or the corporate entity that filed the petition.
While doing reasearch on these forums I was under the impression that the
I-324 is for employment based immigration if spouse is not working &
I-864 is for family based immigration visas.
If I-864 is required for me (EB3 GC CP),
who, Employer or Myself will produce and mail it to NVC?
when should I submit it, now with P3/DS-230 Part-I or at the time of CP interview?
Thanks in advance.
I-864 is not required for most EB cases. Use I-134 ( not I-324 as you incorrectly mentioned).
Non availability certificate for birth shoule be obtained from the same authority that issues regular birth certificates. They can check their records to see if the birth was registered and issue a letter if a record is not found.
2 affidavits are preferred, at least one from a parent. If both parents are deceased then get affidavits form other close relatives who are personally aware of your birth. You can also include other documentary evidence like school records, etc.
cp-query:
1. Regarding BC, In the packet 3 it is wriiten I need only "an affidavit executed before an official authorized to take oaths (i.e., a magistrate, commissioner of oaths, justice of the peace or the like) by the mother. If she is desceased etc.....)
Answer: 2 Birth affidavits are required in absence of BC along with NAC or in absence of complete information in BC. Affidavits can be executed on RS 20 stamp paper and should be executed by each of the parents or elder siblings or elder realives who know about your birth details.
==============================================
What is the NAC (Non Availabilty Certificate) ? Where can I get this in Mumbai/Pune (I mean what kind of office it will be available?)
Answer: IF authorities who issue BC, do not find a record of your birth only then they issues NAC else they issue BC. You can get it from the city birth authorities where you were born.
==============================================
Also Does this mean only one affidavit is enough (to be safe I will get two, one from each parent)?
Answer: REad above. 2 affidavits REQUIRED if using NAC or if BC information is incomplete for absence of DOB, parents full & complete names, place of birth, name of the child.
==============================================
2. They have not specified anything about I-324 but they say I-864 is required if a relative (My non working Spouse is a relative?) of the beneficiary filed the immigrant visa petition or has at least a five percent ownership interest in the business or the corporate entity that filed the petition.
While doing reasearch on these forums I was under the impression that the
I-324 is for employment based immigration if spouse is not working &
I-864 is for family based immigration visas.
If I-864 is required for me (EB3 GC CP),
who, Employer or Myself will produce and mail it to NVC?
when should I submit it, now with P3/DS-230 Part-I or at the time of CP interview?
Answer: I think you are thinking about I-134 and not I-1324. I-134 is affidavit fo support for employment based whereas I-864 is for family based GC. You need 1 affidavit for each dependednt who is undergoing GC process thu you even if that dependent is employed on H-1b or otherwise. You need it at the time of the interview.
1. Regarding BC, In the packet 3 it is wriiten I need only "an affidavit executed before an official authorized to take oaths (i.e., a magistrate, commissioner of oaths, justice of the peace or the like) by the mother. If she is desceased etc.....)
Answer: 2 Birth affidavits are required in absence of BC along with NAC or in absence of complete information in BC. Affidavits can be executed on RS 20 stamp paper and should be executed by each of the parents or elder siblings or elder realives who know about your birth details.
==============================================
What is the NAC (Non Availabilty Certificate) ? Where can I get this in Mumbai/Pune (I mean what kind of office it will be available?)
Answer: IF authorities who issue BC, do not find a record of your birth only then they issues NAC else they issue BC. You can get it from the city birth authorities where you were born.
==============================================
Also Does this mean only one affidavit is enough (to be safe I will get two, one from each parent)?
Answer: REad above. 2 affidavits REQUIRED if using NAC or if BC information is incomplete for absence of DOB, parents full & complete names, place of birth, name of the child.
==============================================
2. They have not specified anything about I-324 but they say I-864 is required if a relative (My non working Spouse is a relative?) of the beneficiary filed the immigrant visa petition or has at least a five percent ownership interest in the business or the corporate entity that filed the petition.
While doing reasearch on these forums I was under the impression that the
I-324 is for employment based immigration if spouse is not working &
I-864 is for family based immigration visas.
If I-864 is required for me (EB3 GC CP),
who, Employer or Myself will produce and mail it to NVC?
when should I submit it, now with P3/DS-230 Part-I or at the time of CP interview?
Answer: I think you are thinking about I-134 and not I-1324. I-134 is affidavit fo support for employment based whereas I-864 is for family based GC. You need 1 affidavit for each dependednt who is undergoing GC process thu you even if that dependent is employed on H-1b or otherwise. You need it at the time of the interview.
ansarianas
Registered Users (C)
Pending I-140 & visiting India
Hi All,
I-140 is pending (ND 11/10/2003) ,Opted for CP .
Now if Me & My family wants to visit India & remain there
untill CP interview, Can we do so?
As we are staying here in USA from last 4 years .
I came to know from this forum that PCC is required for CP,
which should not be 180 days old.
Now If I go to India & wants to remian there untill interview
then from where should I get the PCC? & what will happen to
P3 & P4 etc.
Thanks in advance,
Hi All,
I-140 is pending (ND 11/10/2003) ,Opted for CP .
Now if Me & My family wants to visit India & remain there
untill CP interview, Can we do so?
As we are staying here in USA from last 4 years .
I came to know from this forum that PCC is required for CP,
which should not be 180 days old.
Now If I go to India & wants to remian there untill interview
then from where should I get the PCC? & what will happen to
P3 & P4 etc.
Thanks in advance,
ansarianas:
Now if Me & My family wants to visit India & remain there
untill CP interview, Can we do so?
Answer: Yes as long as your GC sponsoring company has the position and pays you the salary as stated in LC on your GC approval thru CP. Remember when you go for your interview you will need a notarized employment letter from your gc sponsoring employer to that effect.
==============================================
Now If I go to India & wants to remian there untill interview
then from where should I get the PCC? & what will happen to
P3 & P4 etc.
Answer: You will need to get 1 pcc from local police commisioners office and another one from regional passport office since you plan to be in india until your cp interview.
After your I-140 is approved, you can file P3 with NVC with indian address wherever required on the forms. After you have completed the interview successfully, you will need to enter usa within 180 days of approval and join the company who sponsored your immigrant visa.
Now if Me & My family wants to visit India & remain there
untill CP interview, Can we do so?
Answer: Yes as long as your GC sponsoring company has the position and pays you the salary as stated in LC on your GC approval thru CP. Remember when you go for your interview you will need a notarized employment letter from your gc sponsoring employer to that effect.
==============================================
Now If I go to India & wants to remian there untill interview
then from where should I get the PCC? & what will happen to
P3 & P4 etc.
Answer: You will need to get 1 pcc from local police commisioners office and another one from regional passport office since you plan to be in india until your cp interview.
After your I-140 is approved, you can file P3 with NVC with indian address wherever required on the forms. After you have completed the interview successfully, you will need to enter usa within 180 days of approval and join the company who sponsored your immigrant visa.
GC_Candidate
New Member
Congrats !! thats was good.
If i want to file consular processing, do i have to wait for I-140 approval before filing for Consular processing ?
I am asking this because, 485 and I-140 can be filed together. So, is the process different for consular processing. ?
If i want to file consular processing, do i have to wait for I-140 approval before filing for Consular processing ?
I am asking this because, 485 and I-140 can be filed together. So, is the process different for consular processing. ?
gc_candidate:
If i want to file consular processing, do i have to wait for I-140 approval before filing for Consular processing ? I am asking this because, 485 and I-140 can be filed together. So, is the process different for consular processing. ?
Answer: When you file your I-140 you can either start your 485 process together OR file I-140 with CP option where you indirectly state that you do not want to do CP but instead would like to pursue AFTER your I-140 is approved. You cannot start CP process while I-140 is in progress coz currently I-140 is taking about 2-12 months depending on service center and EB category but CP takes only 6-7 months average.
If i want to file consular processing, do i have to wait for I-140 approval before filing for Consular processing ? I am asking this because, 485 and I-140 can be filed together. So, is the process different for consular processing. ?
Answer: When you file your I-140 you can either start your 485 process together OR file I-140 with CP option where you indirectly state that you do not want to do CP but instead would like to pursue AFTER your I-140 is approved. You cannot start CP process while I-140 is in progress coz currently I-140 is taking about 2-12 months depending on service center and EB category but CP takes only 6-7 months average.
Last edited by a moderator:
all EB categories at NSC..this has been happening for all cases since Dec 02..if you look at the I-140 threads,one thing we have learnt is that the longer your labor, the shorter is the I-140 processing time..the I-140 PD is actually your labor PD..people from NY,NJ,MI for example - where labor is long, their I-140 gets approved within 2 months.. and i have personally seen friends and colleagues getting their approvals within 3 months since early last year..
puhrince:
I am under the impression that time taken to approve LC has nothing to do with tiem taken to approve I-140. The two process are with 2 seperate agencies. From what i understand you are stating is that if LC takes longer to get approved, I140 is being approved in shorter time. Whereas if LC is approved in shorter time, I-140 is taking longer to get approved. Is this an established trend? BTW...NY/ NJ fall under VSC and only MI falls iunder NSC.
From what I see LC across the board is taking longer than it was taking 2 years back and I-140 is taking shorter than it was taking 1 year back. This is probably due to reducing backlogs in I-140 as LC is taking longer and not many cases are getting to I-140 stage faster due to longer LC times. But again it is diffcult to generalize stating that I-140's are taking 2 months across the board. No doubt there could have been exceptions in case of your friends but this is an eXCEPTION not a RULE.
I am under the impression that time taken to approve LC has nothing to do with tiem taken to approve I-140. The two process are with 2 seperate agencies. From what i understand you are stating is that if LC takes longer to get approved, I140 is being approved in shorter time. Whereas if LC is approved in shorter time, I-140 is taking longer to get approved. Is this an established trend? BTW...NY/ NJ fall under VSC and only MI falls iunder NSC.
From what I see LC across the board is taking longer than it was taking 2 years back and I-140 is taking shorter than it was taking 1 year back. This is probably due to reducing backlogs in I-140 as LC is taking longer and not many cases are getting to I-140 stage faster due to longer LC times. But again it is diffcult to generalize stating that I-140's are taking 2 months across the board. No doubt there could have been exceptions in case of your friends but this is an eXCEPTION not a RULE.
kd, refer to this document which I got from one of the USCIS bulletins in Nov 2003..this should give you a better understanding..its not just my friends cases, i have looked into threads in NY,NJ too..their cases are getting approved in 2 months, which kind of validates what it says below.
------------------------------------------------------------------------------------
Determining the priotrity date: Under INA § 203(f), immigrant visas are available in the order in which the underlying visa
petition was filed. The “priority date” determines an alien’s “place in line.” For EB-1immigrants, the priority date is the date
the employer files the Form I-140 with USCIS. For EB-2 and EB-3 immigrants, the priority date is the date the employer
applies for the labor certification, if an individual labor certification is required. If an individual labor certification is not
required, the priority date is the date the employer files the Form I-140 with USCIS. If the alien is the beneficiary of more
than one Form I-140, the priority date for EACH Form I-140 is the priority date for the earliest Form I-140. For EB-4
Immigrants, Form I-360 is used instead of Form I-140. The priority date is the date of filing the Form I-360.
The Visa Office, U.S. Department of State, publishes for each month a Visa Bulletin, which specifies the priority date for each
immigrant visa classification. If an individual’s priority date is earlier than the priority date shown in the Visa Bulletin for the
particular immigrant visa classification, then an immigrant visa is available for the individual’s use. If the Visa Bulletin shows
the priority date as “C,” then an immigrant visa is available for all approved visa petition beneficiaries in that classification.
The current Visa Bulletin is available at http://travel.state.gov, as are past editions of the Visa Bulletin.
------------------------------------------------------------------------------------
Determining the priotrity date: Under INA § 203(f), immigrant visas are available in the order in which the underlying visa
petition was filed. The “priority date” determines an alien’s “place in line.” For EB-1immigrants, the priority date is the date
the employer files the Form I-140 with USCIS. For EB-2 and EB-3 immigrants, the priority date is the date the employer
applies for the labor certification, if an individual labor certification is required. If an individual labor certification is not
required, the priority date is the date the employer files the Form I-140 with USCIS. If the alien is the beneficiary of more
than one Form I-140, the priority date for EACH Form I-140 is the priority date for the earliest Form I-140. For EB-4
Immigrants, Form I-360 is used instead of Form I-140. The priority date is the date of filing the Form I-360.
The Visa Office, U.S. Department of State, publishes for each month a Visa Bulletin, which specifies the priority date for each
immigrant visa classification. If an individual’s priority date is earlier than the priority date shown in the Visa Bulletin for the
particular immigrant visa classification, then an immigrant visa is available for the individual’s use. If the Visa Bulletin shows
the priority date as “C,” then an immigrant visa is available for all approved visa petition beneficiaries in that classification.
The current Visa Bulletin is available at http://travel.state.gov, as are past editions of the Visa Bulletin.