Forms FAQs

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

How to get a copy of I-140 approval

Authored on: Thu, 03/19/2015 - 08:33

Question

My I-140 was currently approved but the company is keeping the Original copy of I-140 approval with them, also they are not giving me the copy of original. The GC is filed in EB-3 and I have US masters degree and technically qualify for EB-2 category. I was waiting to get my I-140 approved and H-1 filed so I can start looking for change of job who can file in EB-2 with same PD.<br>
How important it will be for me to have the original copy of I-140 or how are the other ways which I can obtain this from the USCIS directly?

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=1376 

FAQ Transcript

First of all you really don’t need a copy of the I-140 approval. We have been able to get H-1 extensions as well as priority date transfers based upon just your name, social security number, date of birth , name of the old employer, but you should file a Freedom of Information Act request. If you go to the USCIS list of forms you will be able to see FOIA Freedom of Information Act. Strictly speaking it is a Privacy Act Request but they are the same form. The form is G-639. That will give you a copy of your documentation. Often time’s government gives you a copy of all your paperwork including your I-140 approvals. So doesn’t hurt to try that way. So we don’t really need it. You should be ok. But it is a good idea to have copies of everything that the government has and can share with you. So when you file the FOIA/Privacy Act Request form it’s free to file and there is no charge on it. In a few months (4-5 months) you will get copies of the documents and it could very well include I-140 approval as well.

USCIS Immigrant Fee

Authored on: Thu, 09/12/2013 - 01:30

Question

How Do I Pay the USCIS Immigrant Fee?

Answer

The USCIS Immigrant Fee of $165 recovers USCIS costs related to immigrant visas granted by the U.S. Department of State at U.S. Embassies and Consulates.The fee covers the cost of USCIS processing, filing and maintaining immigrant visa packets, plus the cost of producing Permanent Resident Cards.

Foreign nationals who seek permanent residence in the United States and receive an immigrant visa from the Department of State need to pay the USCIS Immigrant Fee online before departing for the United States.

For more information please click here for the Customer Guide on Immigrant Fee Questions

FAQs on I-864 Affidavit of Support

Authored on: Thu, 08/22/2013 - 04:12

Question

1. When is the I-864 processing fee paid?

2. When does the NVC send instructions about the I-864, I-864W, I-864EZ and I-864A?

3. Is there a fee I will need to pay for the Affidavit of Support forms?

4. Is there a fee to review the Affidavit of Support at a U.S. embassy or consulate abroad?

Answer

1. When your immigrant visa case is ready to begin processing at the NVC, the NVC will send an Affidavit of Support processing fee invoice and payment instructions to your petitioner.

2. If your petitioner pays the Affidavit of Support fee online, your petitioner will gain access to the Affidavit of Support Document Cover Sheet. The Document Cover Sheet will provide access to the Affidavit of Support Instructions. If your petitioner pays the Affidavit of Support fee using the Alternate Payment Method, your petitioner will receive instructions from the NVC after the fees are paid.

3. Yes, there is a $88 fee per case for reviewing the Affidavit of Support (Forms I-864, I-864A, I-864W and/or I-864EZ) when the form(s) is(are) filed in the U.S. SeeImmigrant Services - Other Fees.

4. No, when the I-130 and subsequent Affidavit of Support (AOS) form is filed outside the U.S. a fee is not charged.

Important Notice from DOS on  New Form I-864 - The National Visa Center (NVC), as well as U.S. embassies and consulates will accept either the 09/09/11 version or the newer (03/22/13) version of the Form I-864 until June 23, 2013. However, after June 23, 2013, only the newer version (03/22/13) of the form will be accepted. If an applicant already submitted an old 09/09/11version of the Form I-864 before June 23, applicants will NOT be required to submit a new version of the Form I-864 unless the embassy requires the submission of a new I-864 for some other reason.

Signature on Forms

Authored on: Mon, 06/03/2013 - 01:58

Question

Can I send a scan of the forms? Can I use an electronic signature?

Answer

Forms need to be signed by hand in ink, and the original signed documents submitted to USCIS by mail or courier.

Filling out a DS 160 Non-immigrant visa Form by mistake ...

Authored on: Wed, 10/28/2009 - 07:57

Question

My wife needs to transit through a US airport for not more than 5 hours in February 2010 in order to go back to her birth country. However, she filled out by mistake a DS-160 Non-immigrant visa to submit to the US consulate in Vancouver (Canada) because at the US consulate in Vancouver they require DS-160 Forms to be submitted to them. However, she decided to fill out a second form called DS-156 in order to apply to another US consulate in Canada (in Calgary) for the same US transit visa to get an earlier appointment there. What does she has to do now to correct this situation ?

Answer

Contact the consulate. If they have not already done so, they will correct the situation upon request.