NVC Filers - May 2020

[Quarknase 1,072]

Just now, HKS said:

I agree. As far as I understand it, if us govt recognizes the country as legitimate, then they recognize the marriage. (there are some countries that the US government, as well as other governments, do not recognize as legit countries) 

Yup. If you sponsor a spouse to the US, you're certainly considered married

[MS&JA 69]

1 hour ago, HillJor said:

Hi all, I just realized I filed my 2019 taxes as single. Did I totally screw myself over? I thought that I would be considered single in the US because I'm not legally married here. I've been living abroad for the past 3 years and got married in Colombia. My 1040 has already been submitted in the portal. Anyone had a similar experience? Thanks 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2
 

Marriage is not a US federal law issue, but a state law issue. For that reason, we do not have a federal marriage record depository. In fact, each US state has its own rules on marriage validity, marriage jurisdiction (for purposes of granting a divorce), and marriage ceremonies. 
 

 

But you are “legally married”. Your spouse could come to the US with a foreign marriage certificate and claim your estate, for example.
 

Generally speaking, you are married in the eyes of USCIS and the IRS if your marriage was validly performed under the laws of whatever country (or state) you were married in. 
 

You can file an amended return. We don’t throw people in jail for this. Not really a big deal. Don’t fret too much. Your spouse can get an ITIN to file online or you can otherwise submit a paper copy without an SSN. 
 

Just FYI, if your spouse is abroad 100% of the time and doesn’t meet the “substantial presence test” in the US, they probably aren’t subject to US taxes (unless of course they earned money here). You’d be filing married but separately. Don’t worry too much. 
 

Give the IRS a call tomorrow. They’ll give you instructions. 

Hope this helps.

Edited May 14, 2020 by MS&JA
Typo

[HillJor 17]

1 minute ago, MS&JA said:

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2
 

Marriage is not a US federal law issue, but a state law issue. For that reason, we do not have a federal marriage record depository. In fact, each US state has its own rules on marriage validity, marriage jurisdiction (for purposes of granting a divorce), and marriage ceremonies. 
 

 

But you are “legally married”. Your spouse could come to the US with a foreign marriage certificate and claim your estate, for example.
 

Generally speaking, you are married in the eyes of USCIS and the IRS if your marriage was validly performed under the laws of whatever country (or state) you were married in. 
 

You can file an amended return. We don’t throw people in jail for this. Not really a big deal. Don’t fret too much. Your spouse can get an ITIN to file online or you can otherwise submit a paper copy without an SSN. 
 

Give the IRS a call tomorrow. They’ll give you instructions. 

Hope this helps.

Thank you, I am feeling quite stupid. Luckily I haven't officially submitted my taxes to the IRS, but my 1040 form has been sent to NVC so I will try to add an additional document with the updated marriage status. I just am afraid of them denying my husband's visa because of my mistake. 

[MS&JA 69]

1 minute ago, HillJor said:

Thank you, I am feeling quite stupid. Luckily I haven't officially submitted my taxes to the IRS, but my 1040 form has been sent to NVC so I will try to add an additional document with the updated marriage status. I just am afraid of them denying my husband's visa because of my mistake. 

I highly doubt that. People make mistakes on tax returns all the time and they are far worse than yours. 
 

Best of luck 👍🏼

[Heenadarji 2]

Hello

Good to see so many DQs. Congratulations all of you.

I have one question. If joint sponsor has above 125% income from poverty level and he didn't show any assets. So then after he has to submit bank statements of last 6 months?

[Quarknase 1,072]

2 hours ago, HillJor said:

Thank you, I am feeling quite stupid. Luckily I haven't officially submitted my taxes to the IRS, but my 1040 form has been sent to NVC so I will try to add an additional document with the updated marriage status. I just am afraid of them denying my husband's visa because of my mistake. 

Don’t worry about that, how you file taxes (correct/incorrect/amended with 1040x) is between you and the IRS, NVC doesn’t get involved in it

[Quarknase 1,072]

2 minutes ago, Heenadarji said:

Hello

Good to see so many DQs. Congratulations all of you.

I have one question. If joint sponsor has above 125% income from poverty level and he didn't show any assets. So then after he has to submit bank statements of last 6 months?

I-864, tax transcript, W2 and/or 1099 should be fine.

I saw that some added employment verification letter and/or last 3 pay stubs but I don’t know how much those are needed if everything else is there.

Some mentioned that NVC requested proof of domicile for the joint sponsor, but just like pay stubs it seems to vary. Maybe others can help here since I’m not using a joint sponsor and don’t remember exactly.

[TVC 244]

So is it possible in the Philippines to upload a note that you cant obtain police clearance due to covid19 but you will bring it to the interview? Or do we have to wait to get the police clearance before NVC can be processed?

[Quarknase 1,072]

2 minutes ago, TVC said:

So is it possible in the Philippines to upload a note that you cant obtain police clearance due to covid19 but you will bring it to the interview? Or do we have to wait to get the police clearance before NVC can be processed?

This has been discussed at length in this thread with many helpful tips - you can even find the texts others used for submission if you go some pages back

[TVC 244]

11 minutes ago, Quarknase said:

This has been discussed at length in this thread with many helpful tips - you can even find the texts others used for submission if you go some pages back

But what if the NBI clearance offices are not open still when we get DQ'd? What if we cant bring the mlm police clearance to the interview? I guess we would have to wait to schedule the interview until we have it?

[Quarknase 1,072]

1 hour ago, TVC said:

But what if the NBI clearance offices are not open still when we get DQ'd? What if we cant bring the mlm police clearance to the interview? I guess we would have to wait to schedule the interview until we have it?

probably, yes. Or they'll give you a slip at the interview and you'll be in AP until it's provided. This situation is new to everyone and nobody has gone through the process under these circumstances yet so I don't anticipate anyone to be able to answer this with certainty.

[SteveInBostonI130 3,329]

Hello,

 

Is there a downside to submitting the AOS and IV separately, a couple weeks apart?  I have the AOS ready to submit now, but my wife just applied to get her police report (gov offices opened this week over there) and need to wait two weeks to get it.

 

Should we wait until both can be uploaded at the same time?

 

[Sunshinestatefl 17]

Finally DQ 🥰 Today May 14, 2020

 

Submitted all documents Feb 20th

and April 23rd submitted W2's because I realize persons getting RFE for it in the groups.

FYI: I was not pushed back in line because of my lastest submission. 

 

I was so fraustrated waiting for so long ,now my mind can be at ease. Waiting on embassy to reopen.

 

Thank you lord.😊😊😊

[Quarknase 1,072]

15 minutes ago, SteveInBostonI130 said:

Hello,

 

Is there a downside to submitting the AOS and IV separately, a couple weeks apart?  I have the AOS ready to submit now, but my wife just applied to get her police report (gov offices opened this week over there) and need to wait two weeks to get it.

 

Should we wait until both can be uploaded at the same time?

 

You can submit individual or together, it doesn't matter. From what we've seen you'll reserve your spot in line once all (AOS and IV) documents under required tabs have been submitted. NVC will not start reviewing your AOS if civil docs have not been submitted.

2 minutes ago, Sunshinestatefl said:

Finally DQ 🥰 Today May 14, 2020

 

Submitted all documents Feb 20th

and April 23rd submitted W2's because I realize persons getting RFE for it in the groups.

FYI: I was not pushed back in line because of my lastest submission. 

 

I was so fraustrated waiting for so long ,now my mind can be at ease. Waiting on embassy to reopen.

 

Thank you lord.😊😊😊

Congratulations! Yes, it seems that "additional" documents have no impact on timeline, the required portion counts

[David G 117]

1 hour ago, Sunshinestatefl said:

Finally DQ 🥰 Today May 14, 2020

 

Submitted all documents Feb 20th

and April 23rd submitted W2's because I realize persons getting RFE for it in the groups.

FYI: I was not pushed back in line because of my lastest submission. 

 

I was so fraustrated waiting for so long ,now my mind can be at ease. Waiting on embassy to reopen.

 

Thank you lord.😊😊😊

Congratulations!