Frequently Asked Questions
1. What is a priority date and how do I know which is my priority date?
The priority date is the date when the U.S. Citizenship and Immigration Services (USCIS) received the petition. The priority date appears on the USCIS "Notice of Action" letter that the petitioner received. Immediate Relative (IR, CR and K3 visa categories) and Fiance (K-1 visa category) cases do not have priority dates since there are no numerical limits in these categories. Almost all other categories do have priority dates.
2. How do I know what my category is?
To see a list of immigrant visa categories click here.
3. How do I know if my category is current?
When your priority date for your immigrant visa category is current it means that the Consulate and the National Visa Center (NVC) is now scheduling interviews for people who were petitioned on or before that priority date. To see a list of this month's priority dates click here.
4. How often does priority dates advance?
Priority dates are updated every month, usually between the 15th or 20th day of the month.
5. I already have my case number, why isn't my name in your system?
If the case number you have starts with EAC or WAC, that means that your case may still be at USCIS and that your petition has not been approved yet. If your case number start with GYQ and it is not yet in our system, then the petition is still at the National Visa Center (NVC). If the NVC has not sent your case to the Consulate then it is still being processed or your priority date is not yet current.
6. I have been waiting for many years. Why I haven’t had my interview yet?
Not all categories are the same. You should consult the list of visa categories. When you know which is yours, look for the priority date that we are currently processing. If your petition is filed after the date we are currently processing, you must wait until we begin processing applications filed on or after your petition date (i.e. priority date).
7. May people being petitioned by their American citizen child include their other children?
IR categories do not include accompany members. The category for American citizens' parents is IR5, thus they cannot include their other children in their case, no matter the child's age. The petitioning American citizen may file a petition for his/her siblings, but these petitions have a waiting period.
8. After I send form DS-230 included in the Packet 3, when will I be scheduled for an appointment?
Once the National Visa Center (NVC) has received your DS-230, they will keep contact with the petitioner until they have finished processing the case. Once the process is concluded, the NVC will schedule an appointment and will notify you my mail. Then the case will be forwarded to this Consulate waiting for an interview.
9. After the petition has been approved, when will it arrive to Ecuador?
It depends on the category and priority date. To see a list of immigrant visa categories, click here. To see a list of this month's priority dates, click here.
10. How much should my sponsor have earned the last year in order to qualify?
A sponsor's required income level depends on the number of people which the sponsor is financially responsible and the number of immigrants that he or she is sponsoring. To determine the amount, consult the Poverty Guidelines Chart.
11. My father/mother is petitioning me. Can I marry?
If your petitioner is a father/mother who is legal permanent resident in the United States, you must be single until you travel to the United States with your resident visa. Once you are a resident, you may marry and still retain your residency.
If you are being petitioned by a father/mother who is an American citizen, you may marry, however you category will change from F1 to F3. In the last category, your spouse and children may be included in your petition.
12. If my visa is issued, where do I get my passport?
If the visa is approved, your passport and your visa envelope will be ready in ten business days from the day of your interview. DHL will send your passport to your home or to a DHL office near you. A DHL representative serving visa recipients is located at the corner of Quito Ave. and 9 de Octubre Ave. in Guayaquil (two blocks east of the Consulate).
DO NOT open the visa envelope that you are going to receive with your passport.
IMPORTANT NOTE: Please do NOT make any travel arrangements, purchase airline tickets, dispose of any property, or give up employment until you have received your immigrant visa.
13. After receiving the resident visa, when can the beneficiary travel?
Usually the visa is valid for six months. Beneficiaries who are about to turn 21 must travel to the U.S. with their immigrant visa prior to their 21st birthday. Any exceptions to the six month travel period will be noted on the visa and explained to the beneficiary.
14. What should a beneficiary do in case the visa has a mistake?
In the case that the information on the visa is not accurate please return the passport and the visa package via DHL to the Consulate; if the mistake is noticed in the principal applicant of a family case please return all of the visa packages and passports for proper processing. Only the following errors will be corrected on the visa in the passport: names, last names, date of birth (these must be the same in the passport and the birth certificate that you provided on your appointment date), passport number and gender.
15. Can a beneficiary enter the United States through a different city than the one stated in the DS-230 form?
Yes.
16. How can I make a FOIA request?
The Freedom of Information Act provides that any person has a right to request access to immigration records, except those records exempted by the Act (e.g. classified national security, business proprietary, personal privacy and investigative).
All requests must be submitted in writing. Form G-639 may be used for this purpose. Requests must be for access to existing records. The FOIA/Pa Program Office will not "create" records for the purpose of a FOIA request. The following steps outline how to make a FOIA request.
1. On your written request, include phone number so that we may contact you; fees for searching, copying and reviewing records may apply, see below.
2. Provide as much information as possible on the subject matter; this will help expedite the search process.
3. Mail the request to the nearest FOIA office (see FOIA Offices Location at www.uscis.gov). Requests can be faxed; however, the original copy must be mailed and received by the FOIA Program Office before information is released.
Requests are deemed to constitute an agreement to pay any applicable fees that may be chargeable up to $25 without notice. Most requests do not require any fees; however, if fees exceed $25, we will notify you beforehand.
For G-639 Form, click here.
17. I am a legal resident in the United States and my son/daughter was recently born in Ecuador. How can I take my baby with me to the United States?
A legal resident of the United States can request a transportation letter for his/her baby two years old or younger, if the baby was born during a temporary absence of the mother or the father outside the United States. The baby will qualify to enter the United States with a transportation letter only if this is the first trip back to the United States of the mother or father after the baby’s birth and if the father or mother is eligible to enter the United States as a legal resident. There is no fee for this process.
IMPORTANT: If the father/mother travels alone before doing this process, he/she will have to file an immigrant visa petition for the baby in the Department of Homeland Security nearest her domicile in the United States. This process will take approximately four years. For more information, click here.