Age Gap - Messy Timeline

[Adventine 3,187]

29 minutes ago, ra0010 said:

Get rid of that accountant that you’ve had for 18 years now. If you are married, you ABSOLUTELY have to file as married. You can’t file as single. PERIOD. What you should have done is -if you filed by paper- write NR on the SS field. Or if you filed with TurboTax, it would have promoted you to create an ITIN number. So now you’ll have to amend two years of tax returns. 
plus, why doesn’t your Wife have a social by now?

 

Murph's wife is still in her home country (Philippines). Their spousal visa process is still in progress.

 

I agree with you that the tax returns need to be amended to "married". They will have to decide if it is better to amend as "married filing separately" or "married filing jointly". I understand that filing jointly is usually more financially advantageous.

Edited July 19, 2021 by Adventine

[Niblet & J 0]

Thank you all for the wonderful suggestions!

I will let my husband know about all the things discussed in the thread so far.

And yes I dont know why the lawyer suggested K3, I wasnt too keen on it to be honest. As for the evidence with the i130 and 129f, I wanted to wait till we had more evidence in terms of time spent together but she wanted those filed right away. She said the evidence can be submitted later but we needed our case in the queue because of the time it was taking to process them. I dont know whether this was the right move. I guess only time will tell. 

 

[Rocio0010 5,565]

Following Visajourney’s TOS, I can’t really discuss what was brought up in the thread that you’re referring to, OP. All I will say is that it had more red flags than just the age gap.

When dealing with cases, USCIS looks at the totality of circumstances. Age is just one Of them, and you’ll find plenty of examples of couples that were approved with a large age difference.

[pushbrk 12,122]

7 hours ago, Niblet & J said:

Thank you all for the wonderful suggestions!

I will let my husband know about all the things discussed in the thread so far.

And yes I dont know why the lawyer suggested K3, I wasnt too keen on it to be honest. As for the evidence with the i130 and 129f, I wanted to wait till we had more evidence in terms of time spent together but she wanted those filed right away. She said the evidence can be submitted later but we needed our case in the queue because of the time it was taking to process them. I dont know whether this was the right move. I guess only time will tell. 

 

Forget about the K3.  That the lawyer even suggested it means they are far from up to date on the spouse visa process.  K3 visas haven't actually been a viable option since February 1, 2010, 11 years ago.

 

You...CAN.... submit more evidence at the NVC stage, but the Consular Officer is not required to consider it.  They usually do though.

 

Sounds to me like the lawyer was just wanting a big fee NOW, and bigger fee justification was the whole reason for the K3.  That's best case.  Worst case is the lawyer is totally inexperienced with family based immigration.

 

Your husband CAN file as married filing jointly or more easily as married filing separately, but in  most cases must file by mail, rather than filing online.

[Rocio0010 5,565]

12 minutes ago, pushbrk said:

Forget about the K3.  That the lawyer even suggested it means they are far from up to date on the spouse visa process.  K3 visas haven't actually been a viable option since February 1, 2010, 11 years ago.

 

You...CAN.... submit more evidence at the NVC stage, but the Consular Officer is not required to consider it.  They usually do though.

 

Sounds to me like the lawyer was just wanting a big fee NOW, and bigger fee justification was the whole reason for the K3.  That's best case.  Worst case is the lawyer is totally inexperienced with family based immigration.

 

Your husband CAN file as married filing jointly or more easily as married filing separately, but in  most cases must file by mail, rather than filing online.

Just out of curiosity, what’s the reason why K3s are not a thing anymore?

[Mollie09 1,543]

34 minutes ago, ra0010 said:

Just out of curiosity, what’s the reason why K3s are not a thing anymore?

They used to be a thing when CR-1/IR-1 took forever, so you could come to the US on a K-3 instead to wait out the process and AOS instead. At some point the timelines essentially converged making the K-3 useless - why apply for a non-immigrant visa and AOS when you can just get an immigrant visa instead?

[Rocio0010 5,565]

52 minutes ago, Mollie09 said:

They used to be a thing when CR-1/IR-1 took forever, so you could come to the US on a K-3 instead to wait out the process and AOS instead. At some point the timelines essentially converged making the K-3 useless - why apply for a non-immigrant visa and AOS when you can just get an immigrant visa instead?

Obrigada for the clarification! I just always read about K3s here and I knew they were not a thing anymore, I just wasn’t sure why. I came with an F1 visa, so I am not too familiar with the K1 IR/CR1 world.

[pushbrk 12,122]

23 hours ago, ra0010 said:

Just out of curiosity, what’s the reason why K3s are not a thing anymore?

Effective February 1, 2010, new procedures adopted by the National Visa Center have effectively rendered the K-3 spousal visa and K-4 visas for stepchildren, no longer available.  More recently, USCIS has just been killing the I-129F petition as soon as they start actual adjudication of the I-130.  So, while NVC's policy is still in place, it never gets used.

 

More complete history here.  https://fianceandspousevisa.com/services/k3-spouse-visa/

[Ryan H 3,791]

**Off topic posts removed.**

[annesmom 0]

We have pending 1-130 CR1 at USCIS. I am tempted to file I-129 coz some are saying it. But why I have to do it? We were at K1 process last year, almost to the interview but got married and do the process all over again. The reason we gave it up coz we didn't want my husband to come to the US without work for many months. What if they approve K3 first this time (there is no knowing what USCIS will do) it will be the same boat on the process we gave up? 

Edited January 20, 2022 by annesmom

[aaron2020 11,651]

3 minutes ago, annesmom said:

We have pending 1-130 CR1 at USCIS. I am tempted to file I-129 coz some are saying it. But why I have to do it? We were at K1 process last year, almost to the interview but got married and do the process all over again. The reason we gave it up coz we didn't want my husband to come to the US without work for many months. What if they approve K3 first this time (there is no knowing what USCIS will do) it will be the same boat on the process we gave up? 

A.  It would be extremely rare to get an K-3.

 

B.  Don't file the I-129 if you don't want to get stuck with a K-3.  Easy solution to your concern.  

 

 

[Mike E 11,723]

3 minutes ago, annesmom said:

We have pending 1-130 CR1 at USCIS. I am tempted to file I-129 coz some are saying it. But why I have to do it? We were at K1 process last year, almost to the interview but got married and do the process all over again. The reason we gave it up coz we didn't want my husband to come to the US without work for many months. What if they approve K3 first this time (there is no knowing what USCIS will do) it will be the same boat on the process we gave up? 

The I-130 gets approved eventually and proceeds to NVC.  

[Niblet & J 0]

2 hours ago, annesmom said:

We have pending 1-130 CR1 at USCIS. I am tempted to file I-129 coz some are saying it. But why I have to do it? We were at K1 process last year, almost to the interview but got married and do the process all over again. The reason we gave it up coz we didn't want my husband to come to the US without work for many months. What if they approve K3 first this time (there is no knowing what USCIS will do) it will be the same boat on the process we gave up? 

I dont think it did us any good. We only filed it cause the lawyer insisted.