US Immigration from Germany

Hi All,

My wife (fiance at the time) arrived in the US in August of 2022 and we got married in September 2022. She also applied for and received her SSN in September as well. She applied for AOS with an NOA1 date of October 10th. We are now filing our tax return for 2022 and ran into a question.

We would like to file jointly (MFJ) but it is unclear to us what her current status actually is. From what I've been able to find on here it seems like for tax purposes she might be a Resident Alien, even if by USCIS standards she isn't one. In reading on if this was correct or not, I found several older posts here on VJ stating we had to file the 2022 tax return by mail (was planning on e-filing with TurboTax) and send in some statement asking her to be considered a Resident Alien for the IRS. Is this correct? I'm unsure if it matters or not, but she had no reportable income for 2022, so we don't have additional forms from that angle to file.

Happy to provide more clarification if needed, thanks in advance everyone!

My husband is a federal employee and I m a GC holder. Currently living on Guam. I would like to move back to Europe for a while then apply for US citizenship.
I was told we could live abroad, maintain residency for me and actually count that time spent overseas as if it were time spent in US. As long as he has official military orders . Is this true?

Hi everyone, thanks in advance for your input. My wife and I are facing a bit of a complicated situation I moved to the US in 2009 and became a US citizen 10 years later. I was married for 6 years and divorced. My daughter was born abroad and currently dont have any documents we were waiting for her passport to arrived to the US embassy here in Switzerland but we have been informed that her citizenship application was denied. I submitted more than 5 years of tax documents but the embassy didnt even consider looking at them. While I was in the US, I filed taxes jointly with my ex wife and my lease was under her name.

I will like to know if I can use the lease which is under my ex wife name for to prove physical presence in the US. I also have utility bills (internet and electricity) the payment came from my account but the account was under her name.

And finally My wife and I are preparing a trip back home to the US soon, the mother and child will travel with a Swiss passport and I the father with the American passport. What will happen when we arrive in the US? We plan to stay at least 3 to 4 months, visiting family and friend and checking out some investment opportunities. As the father, can I apply for my daughter's citizenship while we are home in the US and is it even possible?

Hi all,

My wife applied for AOS/EAD/AP in October of 2022. We recently saw the alert on USCIS's website indicating one could make an expedite request for healthcare workers. My wife holds a MSc in Molecular Biosciences and plans on working as a research scientist at a biotech company or research institute in our city. Based on our understanding of the definition of healthcare worker provided she qualifies as one (see bullet point on workers at manufacturers), but it is unclear to us if she would need a concrete job offer in order to qualify for the expedite request. Is it necessary to have one in order to qualify? Additionally, are there any negative implications when an expedite request is made but rejected?

Thanks in advance for the advice/help!

(Reposting for visibility in the NVC forum)

The NVC reviewed our documents today and sent two RFE's:

1) This case does not meet the minimum income requirement to sponsor the intending immigrants. To avoid delays, an additional Affidavit of Support Form I-864 from a joint sponsor may be submitted. For more information visit https://nvc.state.gov/aos. The consular officer will make a decision regarding this requirement at the time of the interview. For more information, please visit https://www.uscis.gov/i-864p.

2) Please replace this with an acceptable birth certificate from a correct issuing authority. Please use our Document Finder at https://nvc.state.gov/find for acceptable documents guidelines.

I'm lost as to how to proceed. Here is where we stand on both issues ->

1) My income greatly exceeds the one they state as a requirement on their website. I offered as proof two months-worth of paystubs and my offer letter, which states my yearly income which is in the 6-figures and we will only have a 2-person household. I also submitted two tax transcripts, but the one for 2021 was missing and I made note of this in a cover letter with a tracking receipt + full set of scans of the tax return as proof that I did mail it in, and that they DID received it, but claim they have no record of a tax return. I have since fixed this problem with the IRS by sending in a new return about a month ago. There is nowhere to ask questions as to how the NVC reached this determination. What do I do now?

2) A more minor "issue", but this one is their mistake - we have uploaded a translated, official birth certificate issued by Germany, so there is literally nothing else we can provide. Context: my spouse's BC looks a little non-standard as it was issued in the DDR/former Eastern Germany. I suspect this is why it's flagged, even though it's got a city stamp, a full professional translation, etc. What to do now?

This is so frustrating. Any advice is very welcome.