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rac717

6 month stays - could it affect application

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So it's a good problem to have but I was wondering if anyone has dealt with this.

 

We filed living abroad in August (priority date Aug 22).  We moved to the US in early Oct so we could get settled - kids and i are USC, he entered on his B1.  When we entered the US in Oct, they gave my husband 6 month stay.  He went back at the late Dec to check on our business there so stay of less than 3 months.  When he returned again Jan 14, the officer gave him another 6 months - until July 13.

 

The timing is great because assuming all goes well, we should hear from NSC in mid Feb, then it would go to the NVC for 6 weeks plus and then assuming there is a wait at the embassy for interview date, he could leave whenever the interview is which presumably will be June-ish.  However, with that timeline, he'll have been in the US for more than 6 months in a 12 month period visiting.

 

The law is intentionally vague but does anyone think that could hurt him during his interview?  If so, he could aways go back again mid April (which would mean less than 6 months total in 12 month period) and we would just wait it out separately until the interview.  But if it won't hurt, I'd obviously rather have him stay here and then we'll all go back together to Arg once school ends for the kids and vacation and wait for the interview.

 

So..thoughts?  Is staying the legally allotted time going to be a negative during the interview or not a problem?

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A problem?  No.  However I would recommend him getting an itin and filing taxes as it may come to the attention of the IRS in future.  Also I wouldn't expect him to be able to make any further visits.  He's effectively using a tourist visa to live in the USA which is not what it's for.

Edited by Transborderwife

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He's not working at all - we are very careful to stay within the boundaries of the law.  I'm not sure why you say he's abusing the tourist visa - he is here, visiting us so..in compliance.  I moved back with kids so I could establish domicile as required for the USC and luckily our situation allows him to stay for extended periods during this time and help me.  He very well may leave again anyway in April to check on things back in Arg anyway and we'll see what happens.

 

I'm not going to do the ITN now for him because his green card stuff *should* be done by July or so at which point, he'll get his ssn once his permanent residency is approved so we'll have that all sorted when we file tax for 2017 where we will have income to declare.  He was only in the US for 2.5 months in 2016 and not working so not required for this past year.

 

Thank you for the feedback.

Edited by rac717

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3 hours ago, rac717 said:

I'm not going to do the ITN now for him because his green card stuff *should* be done by July or so at which point, he'll get his ssn once his permanent residency is approved so we'll have that all sorted when we file tax for 2017 where we will have income to declare.  He was only in the US for 2.5 months in 2016 and not working so not required for this past year.

Just be aware that YOU must file your taxes as either "Married Filing Jointly" or "Married Filing Separately". You can no longer file taxes as a "Single Individual"; this could be a serious issue during the interview (and even the NVC stage) if they look at your 2017 tax returns and see you've filed as a Single Individual. If you don't want to to go through the process of asking for an ITIN for your husband, you should look into "Married Filing Separately". Just be careful not to file as a Single individual.

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2017 tax returns aren't filed until April of 2018.  

 

2016, I will file as married (filing separately) when I do my taxes this year but (I) have no income for 2016 as I am at home with our kids.

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