* Visa Denial (Next Steps?) *

[Life is Life 1]

10 hours ago, Illiria said:

How have you been filing taxes? Married filing jointly, married filing separately, or as single?

 

Did you include tax transcripts with your affidavit of support?

I filed as single, because it wouldn’t let me file as married. I could the customer service center for the service I used to do my taxes and they said to file as single when I said that I have a wife who is living abroad. I mean, she’s never paid US taxes before!

[Life is Life 1]

11 hours ago, Villanelle said:

We understand it says to not contact the Embassy. However if you want to try to "catch it" before they send it back to USCIS you HAVE to contact the Embassy. Sometimes people contact them and are able to set up a second interview to address the issues, other times they are told its too late and nothing can be done because its on its way back to USCIS.

 

Look into how to get an ITIN (its a tax ID number for those with out SSN to file taxes with)

If I contact the Embassy when it said not to, don’t you think I would run the risk of getting a more permanent denial (and have to start the process all over again)?!?

[Life is Life 1]

8 hours ago, Mollie09 said:

She doesn't have to be in the US to file joint taxes.

As a matter of fact, as a married person, you need to file taxes as Married.

But she doesn’t pay US taxes, never has been to the US yet...

[Life is Life 1]

10 hours ago, payxibka said:

Just because you don't see how doesn't mean it's not possible.   Read the IRS rules and you will see how 

I will thanks...

[Life is Life 1]

11 hours ago, geowrian said:

Contact the consulate. Contact a state senator as well to inquire on the petitioner's behalf.

To file taxes jointly, you can get an ITIN.

Thanks, I will do that, but don’t you think contacting the Embassy, when they said not to, might cause a more permanent denial on our case?

[nastra30 1,983]

12 minutes ago, Travel is life said:

I filed as single, because it wouldn’t let me file as married. I could the customer service center for the service I used to do my taxes and they said to file as single when I said that I have a wife who is living abroad. I mean, she’s never paid US taxes before!

You can't file as single when you are married regardless of whether your wife is abroad or not. You only can file as 'Married Filing Jointly', Married Filing Separate' or in some narrowed circumstances file as 'Head of Household'. It's not up to USCIS/NVC/USEM to enforce Tax status; it's up to IRS to do so, so as far as USEM is concerned it won't be a big deal. 

Therefore, I highly doubt it's because of your IRS tax status that you were denied. Could be something else. Once your petition leaves the UESM it's going to be hard to move forward on anything until USCIS receives it and contact you. 

[nastra30 1,983]

21 hours ago, Travel is life said:

Hello, everyone. My wife’s visa was denied. Just to give you a timeline, we got married in November of 2017 and our marriage is totally legitimate; we started the Spouse Visa process in January of 2018 (sent out the I-130); my wife had her interview at the US Embassy in Ghana in March of 2019; and she wasn’t approved or denied that day, but was given a 221g and told to find a joint sponsor and get a China Police Clearance (since she used to live in China). It took us from March of 2019 to August of 2019 to get a joint sponsor and get the China Police Clearance. So by the end of August, 2019, my wife submitted the Affidavit of Support and the China Police Clearance to the Embassy... and today, on September 30th, 2019, we got this denial letter (attached). We gave the US Embassy everything they asked for and still got denied... the consular officer even told my wife at her interview, in March, that he’d approve the visa if she got the documents he requested (which we did), and it still wasn’t approved. What next steps can we take now??????? I am really hating life now... I spent a total of over $2000, my wife and me spent 21 months waiting, and my wife and me spent hundreds of hours preparing for this visa... just to get this terrible surprise today. Thanks!

 

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Edited October 1, 2019 by Unlockable
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[Life is Life 1]

2 minutes ago, nastra30 said:

You can't file as single when you are married regardless of whether your wife is abroad or not. You only can file as 'Married Filing Jointly', Married Filing Separate' or in some narrowed circumstances file as 'Head of Household'. It's not up to USCIS/NVC/USEM to enforce Tax status; it's up to IRS to do so, so as far as USEM is concerned it won't be a big deal. 

Therefore, I highly doubt it's because of your IRS tax status that you were denied. Could be something else. Once your petition leaves the UESM it's going to be hard to move forward on anything until USCIS receives it and contact you. 

But my wife has never lived or even been to the States before, so she doesn’t pay taxes. The internet tax service I used literally wouldn’t let me file as “married,” so customer service told me to file as single. Thanks for the insights...

[Life is Life 1]

4 minutes ago, nastra30 said:

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How do I do that?!? I am new to this!

[nastra30 1,983]

38 minutes ago, nastra30 said:

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34 minutes ago, Travel is life said:

How do I do that?!? I am new to this!

@TBoneTX @Boiler @Unlockable can you help op

[nastra30 1,983]

39 minutes ago, Travel is life said:

But my wife has never lived or even been to the States before, so she doesn’t pay taxes. The internet tax service I used literally wouldn’t let me file as “married,” so customer service told me to file as single. Thanks for the insights...

It does matter if your wife has been or never been to the US. You are married and have to file as married. Read the IRS tax code very well. 

[payxibka 10,044]

1 hour ago, Travel is life said:

But my wife has never lived or even been to the States before, so she doesn’t pay taxes. The internet tax service I used literally wouldn’t let me file as “married,” so customer service told me to file as single. Thanks for the insights...

It's because a return in this situation is not eligible for electronic filing and must be a paper return and mailed 

[JeanneAdil 6,196]

2 hours ago, Travel is life said:

I filed as single, because it wouldn’t let me file as married. I could the customer service center for the service I used to do my taxes and they said to file as single when I said that I have a wife who is living abroad. I mean, she’s never paid US taxes before!

You can file as married jointly / follow the IRS steps for nonresident alien spouse

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

this requires the W7 form filing by paper as online sites do not have this option

and proof of marriage and the ID of the alien

 

doing this provides proof of commingling of finances

i did this when married in 2010 and the years after till he came in 2015

[Unlockable 7,306]

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Apologies for missing it earlier.

VJ Moderation

[JeanneAdil 6,196]

Personal message sent to you telling what we had to do to show commingling of finances for immigration purposes