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B777X

Administrative processing proof of relationship requested

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2 minutes ago, dnyal said:

I was thinking that he could have filed as "married filing separately." It would've been a better option, and he could have still claimed dependents. But I think, for that, it is best that he contact a tax pro.

 

Now, before I moved to America to live with my then-fiancé, he tried to add me to his employer insurance so I would be covered the moment I set foot in the country. They refused saying they can't cover a person who does not live in the U.S., even in he claimed cohabitation/marriage. We had to wait until I came here and got a SSN. It is not about taxes, but health insurance coverage. Now, for life insurance, that might be another story. I imagine it is hard to show financial commingling when they other person is still living overseas, if that's indeed the OP's case. He hasn't commented on that yet.

Right, but what I’m saying is that just because foreign spouse cannot be added to an insurance, that doesn’t meant that you’re single for tax purposes. If you’re a USC and you’re married on the Dec 31, next year you have to file as “married” even if your spouse doesn’t live here. And in the spot where you have to write spouse’s ITIN or SSN, you should write NRA


From AOS to ROC (So far)

 

AOS😎

Filing date: 10.17.2019

Biometrics: 12.12.2019

RFE: 01.15.2020

RFE response: 01.22.2020

RFE response acknowledgment: 01.30.2020

READY TO BE SCHEDULED FOR AN INTERVIEW: 02.07.2020

INTERVIEW SCHEDULED: 02.07.2020

(hold on, this is where it gets interesting)

INTERVIEW DATE: 03.18.2020

The day before: rrrrriiiiiiing riiiiiiiing *my cell phone rings as we were loading the car to spend the night at a hotel prior to our interview. Interview cancelled because of COVID.🙄🙄😷🤒

READY TO BE SCHEDULED: 03.19.2020

RFE FROM THE FIELD OFFICE FOR US TO SEND THE EVIDENCE: Somewhere in early April.🙄

EVIDENCE SENT: 04.14.2020

CASE APPROVED: 04.29.2020.

GREEN CARD IN HAND: 05.01.2020🟩

 

ROC (so far).

PACKAGE RECEIVED AT PHOENIX LOCKBOX: 02.01.2022.

NOTIFICATION (TXT): 02.04.2022. LIN service center

BIOMETRICS: 03.28.2022 (USCIS Case tracker update Case Was Updated to Show Fingerprints Were Taken) and also email update *biometrics used from AOS*

 

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Filed: K-1 Visa Country: Colombia
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38 minutes ago, ra0010 said:

If you’re a USC and you’re married on the Dec 31, next year you have to file as “married” even if your spouse doesn’t live here. And in the spot where you have to write spouse’s ITIN or SSN, you should write NRA

I agree with you in that. OP did mess that up! He probably didn't know and his wife can claim that on the next interview. So, he should probably file an amended return, though. He should just go to his local tax office and have them do that for him just to make sure everything's done correctly and whether he can keep his dependents. One can claim dependents, even if you're married, if you pay for over half of the expenses of that person or if they are your children (as long as your ex won't claim them as dependents, too). Again, he should consult a tax pro.

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1 hour ago, dnyal said:

Lemme see if I get this straight. He is talking about embassies and student visas being denied because of lack of ties (let alone a B visa), and the post shows it is about a spousal visa. Doesn't it mean that his wife still lives overseas? If that is the case, he cannot include her in his taxes as she is not a resident of the U.S. for tax purposes. You can't add a person who's not a resident and lives overseas as a dependent on any kind of insurance. Same goes for authorized users of credit cards.

 

OP, is this your case?

This is correct. My wife is still overseas and is going through consulate processing. 

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Filed: K-1 Visa Country: Colombia
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Well, refer to the latest exchange of comments on this thread. I was asking you that in the first place because I saw a lot of the first commenters were telling you to get an ITIN for your wife, add her to your bank accounts, and file taxes, etc., as they probably had the impression that your wife was already living with you in the U.S.

Edited by dnyal
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Filed: Citizen (apr) Country: Morocco
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9 hours ago, dnyal said:

Lemme see if I get this straight. He is talking about embassies and student visas being denied because of lack of ties (let alone a B visa), and the post shows it is about a spousal visa. Doesn't it mean that his wife still lives overseas? If that is the case, he cannot include her in his taxes as she is not a resident of the U.S. for tax purposes. You can't add a person who's not a resident and lives overseas as a dependent on any kind of insurance. Same goes for authorized users of credit cards.

 

OP, is this your case?

i added Adil as nonresident alien spouse in 2010 taxes with the W7 applying for a ITIN  and for all years thru 2015 when he got his visa

and you can add a nonresident alien spouse / read the following site from IRS

 

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

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Poor guy, Uzbekistan is so slow at AP. They asked the for the same thing back in November and they haven't even acknowledged that they received it, they just tell me my case is in AP. 

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I'd like to add to my initial post...

The US embassy website that is specific to the beneficiary's country states the following:
"

If the petitioner for your immigrant visa –your spouse, mother, father, sibling or child – is currently in Uzbekistan, please bring them with you to your appointment.  While their attendance during your interview is not required, the consular officer must verify that you and the petitioner have a bona fide relationship. It is almost always easier to demonstrate that you and the petitioner have a relationship if they attend the interview with you.  For step-child cases, we often need to validate the relationship between the biological parent and the petitioner, as well–so it often helps if they come.

We recognize that the distance and cost may prohibit the petitioner to attend the interview so this is not a requirement but it may expedite processing of your immigrant visa.

To schedule appointment petitioners must send an email inquiry to our Consular Section. For instructions please visit our Contact Us webpage."

 

I (the petitioner) did come with my wife to her interview and informed the security guard that I am the one who filed the petition. He responded saying he will ask the consular officer permission to let me in. The lady who collected the document said that I should wait outside. I don't believe she informed the consular officer that I came with my wife. At the end she handed the 221(g) form asking for proof of relationship. The text from the website clearly states that the petitioner's presence can help to verify a bona fide relationship. My wife did not inform the consular officer about this assuming that she was already informed by the lady who collected the documents. This just doesn't make any sense. They asked for proof and I am the living proof standing at their doorstep. And yet, they decide to not let me in and send my wife back asking for "proof of relationship".

I told my wife to not force any information on the consular, answer her questions clearly and elaborate on details. They just overlooked a lot of information that was presented to them.

Edited by B777X

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20 hours ago, B777X said:

I'd like to add to my initial post...

The US embassy website that is specific to the beneficiary's country states the following:
"

If the petitioner for your immigrant visa –your spouse, mother, father, sibling or child – is currently in Uzbekistan, please bring them with you to your appointment.  While their attendance during your interview is not required, the consular officer must verify that you and the petitioner have a bona fide relationship. It is almost always easier to demonstrate that you and the petitioner have a relationship if they attend the interview with you.  For step-child cases, we often need to validate the relationship between the biological parent and the petitioner, as well–so it often helps if they come.

We recognize that the distance and cost may prohibit the petitioner to attend the interview so this is not a requirement but it may expedite processing of your immigrant visa.

To schedule appointment petitioners must send an email inquiry to our Consular Section. For instructions please visit our Contact Us webpage."

 

I (the petitioner) did come with my wife to her interview and informed the security guard that I am the one who filed the petition. He responded saying he will ask the consular officer permission to let me in. The lady who collected the document said that I should wait outside. I don't believe she informed the consular officer that I came with my wife. At the end she handed the 221(g) form asking for proof of relationship. The text from the website clearly states that the petitioner's presence can help to verify a bona fide relationship. My wife did not inform the consular officer about this assuming that she was already informed by the lady who collected the documents. This just doesn't make any sense. They asked for proof and I am the living proof standing at their doorstep. And yet, they decide to not let me in and send my wife back asking for "proof of relationship".

I told my wife to not force any information on the consular, answer her questions clearly and elaborate on details. They just overlooked a lot of information that was presented to them.

This doesn't surprise me at all, they have terrible officers.

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I'm having a thought here. Do you guys think it would be possible to get in touch with the American Citizen Services at the US embassy to hand carry the additional evidence that they requested in form 221(g) and ask them to deliver it to the consular section? They haven't been responding to emails that we've sent a month ago.

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22 hours ago, B777X said:

I'm having a thought here. Do you guys think it would be possible to get in touch with the American Citizen Services at the US embassy to hand carry the additional evidence that they requested in form 221(g) and ask them to deliver it to the consular section? They haven't been responding to emails that we've sent a month ago.

Let me know if you end up doing that. I sent them the documents they requested like 3 times and they haven't even acknowledged it so I'm thinking about dropping it off at the embassy.

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4 hours ago, K888 said:

Let me know if you end up doing that. I sent them the documents they requested like 3 times and they haven't even acknowledged it so I'm thinking about dropping it off at the embassy.

Will do. We went back to the embassy at the end of the week after my wife went to the interview. The security guard called an employee to come out and speak to us. She refused to take the additional documentation saying we need to schedule an appointment through email (which they do not respond to) and said the immigrant visa officers only work on Wednesdays and Thursdays, as well as occasionally on Mondays.

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On 8/11/2021 at 5:22 AM, K888 said:

Let me know if you end up doing that. I sent them the documents they requested like 3 times and they haven't even acknowledged it so I'm thinking about dropping it off at the embassy.

I called the Embassy today and left a message with the phone operator guy asking him to pass the message to the Consular section and the citizen services department. I told him everything that I wrote here adding that my employer is being affected financially by my absence as we're trying to get a certification from another government office for the product we're developing. Don't know how much this will help or whether they will even take it into consideration. Has anyone tried to knock on their doors through other channels? Department of State? President's office? It doesn't seem like they sent our case back to NVC or USCIS.

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