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Seattle2Cebu

question for the visa pros

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Filed: Timeline

I was a single dad for many years ( two boys) In oct 2006 they went to live

with the grandparents and the biological mother.. ( her grandparents) We reached

a mutual aggreement of joint custody, the papers clearly show that the grandparents

have more decision making powers and that the boys reside in the state of the grandparents.

I live in a different state. The joint custody aggreement specifically states that there is no

child support ordered at this time. My 2006 taxes which I will submit to the embassy show

the boys as my dependents. Im not sure If I can get the 2007 taxes submitted before her

march 03 interview, there are problems with getting my w-2s. My 2007 will not list the

boys as dependents. Should I file my 2007 taxes in a rush ( without w-2s) and amend

my tax return later? The affadavit of support asks to list persons you support either partially

or wholly. Im wondering if they will include my boys? at least partially. This is a big problem

because I already have to list my exwife who left me and we are divorced, but she has

permanant residence status. I can qualify for three people , but not my kids also.

Any thoughts on this one? thanks

Edited by Seattle2Cebu

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Filed: Other Country: China
Timeline
I was a single dad for many years ( two boys) In oct 2006 they went to live

with the grandparents and the biological mother.. ( her grandparents) We reached

a mutual aggreement of joint custody, the papers clearly show that the grandparents

have more decision making powers and that the boys reside in the state of the grandparents.

I live in a different state. The joint custody aggreement specifically states that there is no

child support ordered at this time. My 2006 taxes which I will submit to the embassy show

the boys as my dependents. Im not sure If I can get the 2007 taxes submitted before her

march 03 interview, there are problems with getting my w-2s. My 2007 will not list the

boys as dependents. Should I file my 2007 taxes in a rush ( without w-2s) and amend

my tax return later? The affadavit of support asks to list persons you support either partially

or wholly. Im wondering if they will include my boys? at least partially. This is a big problem

because I already have to list my exwife who left me and we are divorced, but she has

permanant residence status. I can qualify for three people , but not my kids also.

Any thoughts on this one? thanks

You are the one who declares (on the I-134) the number of people dependant on you. The declaration is in the present tense. If I were you, I'd file the tax return ASAP, then if there are questions, make sure a copy of the court order indicating the custody change is available to back up your declaration.


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Filed: K-1 Visa Country: Brazil
Timeline

I agree that you need to file ASAP. You can redo your tax return within a few years to get the dependent benefit. I had the same question as you. All they want to see at the interview from me (at least my fiance in Brazil) is the affidavit, an original birth certificate, employment verification letter with a paystub and latest tax return. Our interview was on the 29th Jan and lasted 3 minutes tops. I was not there but my fiance gave me the play by play and I wrote it in my timeline comments.

I also have 50/50 and my (lack of moral charactor) ex-wife and I swop years for claiming my daughter. 2007 is my year so I was sure to use 2006 return to show that she is not my dependent. They will continue with the current poverty guidelines until April 15. On the I-134 form, i didn't mention anything about my daughter. I am in the mortgage business and was glad my interview was late enough that I could still use my '07 income and '06 return. I had divorcing single dad income in '06 which sucked. So my '06 return didn't show the income but didn't show dependents. My '07 income was just high enough without dependents. So the two pieces individually worked out for me. They did ask my fiance about my daughter (from the I-129f petition) and what the visitation situation was and she just said I get her for a few days a month or something like that. Just get the taxes done now and take the loss. You dont want them asking later why your (future) tax return shows the adjustment if they go sniffing through things later. Email me if you want more info. If they need more info they will grant the visa pending whatever document they need then send it to your fiance even if a co-sponsor is needed. cb


June 8 they revieved it

June 18 '07 check cashed got WAC#

No NOA1, touches, or progress given

NOA2 approved Oct 17

NOA2 card copy in mail Oct 20 (Surprise to us)

Package sent from USCIS to NVC Nov 7. (called USCIS to get this)

Nov 15, I got email at 6:57pm that our package was sent to Rio from NVC.

DON"T WAIT FOR THEM TO SEND ANYTHING, CALL AND MAKE SURE THEY GOT IT.

IF THEY DO, GO AHEAD AND SEND IN ds230,ds2001, the pics, and copy of passport

USE SEDEX AND GET THE TRACKING NUMBER.

Interview Set: Jan 29. Found this out on the embassy website under VISA's. It shows a list of visa types including K1 and shows the interview dates.

Visa granted but they mailed it using their own package delivery service. Took a week. Have money when you go to the appointment. They may also make you go and get more photos taken if they dont like the pics you bring. Just relax and dress wark because they keep the place really cold. Make sure your financials mmet the criteria or they will eat you alive.

MARRIED March 22. Sent in $1,010 in fees to Chicago to get change of status, apply for advanced parole, and ability to work documentation. Things work faster now.

May 22'08: Biometrics appointment in Santa Barbara.

See Adriana's fashion designs at Myspace.com/byAdri

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Filed: Timeline

What if my 2007 income doesnt qualify on my tax return,, but my current job does qualify???

will they accept the current job, I have the pay stubs and the letter from the employer...

I had a bad year, but got it together now.... my 2006 and 2005 returns qualify..

I agree that you need to file ASAP. You can redo your tax return within a few years to get the dependent benefit. I had the same question as you. All they want to see at the interview from me (at least my fiance in Brazil) is the affidavit, an original birth certificate, employment verification letter with a paystub and latest tax return. Our interview was on the 29th Jan and lasted 3 minutes tops. I was not there but my fiance gave me the play by play and I wrote it in my timeline comments.

I also have 50/50 and my (lack of moral charactor) ex-wife and I swop years for claiming my daughter. 2007 is my year so I was sure to use 2006 return to show that she is not my dependent. They will continue with the current poverty guidelines until April 15. On the I-134 form, i didn't mention anything about my daughter. I am in the mortgage business and was glad my interview was late enough that I could still use my '07 income and '06 return. I had divorcing single dad income in '06 which sucked. So my '06 return didn't show the income but didn't show dependents. My '07 income was just high enough without dependents. So the two pieces individually worked out for me. They did ask my fiance about my daughter (from the I-129f petition) and what the visitation situation was and she just said I get her for a few days a month or something like that. Just get the taxes done now and take the loss. You dont want them asking later why your (future) tax return shows the adjustment if they go sniffing through things later. Email me if you want more info. If they need more info they will grant the visa pending whatever document they need then send it to your fiance even if a co-sponsor is needed. cb

Edited by Seattle2Cebu

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Filed: Timeline

Isnt it correct we only have to submit the most recent return to the embassy??

I was a single dad for many years ( two boys) In oct 2006 they went to live

with the grandparents and the biological mother.. ( her grandparents) We reached

a mutual aggreement of joint custody, the papers clearly show that the grandparents

have more decision making powers and that the boys reside in the state of the grandparents.

I live in a different state. The joint custody aggreement specifically states that there is no

child support ordered at this time. My 2006 taxes which I will submit to the embassy show

the boys as my dependents. Im not sure If I can get the 2007 taxes submitted before her

march 03 interview, there are problems with getting my w-2s. My 2007 will not list the

boys as dependents. Should I file my 2007 taxes in a rush ( without w-2s) and amend

my tax return later? The affadavit of support asks to list persons you support either partially

or wholly. Im wondering if they will include my boys? at least partially. This is a big problem

because I already have to list my exwife who left me and we are divorced, but she has

permanant residence status. I can qualify for three people , but not my kids also.

Any thoughts on this one? thanks

You are the one who declares (on the I-134) the number of people dependant on you. The declaration is in the present tense. If I were you, I'd file the tax return ASAP, then if there are questions, make sure a copy of the court order indicating the custody change is available to back up your declaration.

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