fazmo

It's not really clear what you're disputing about what I said. I was disputing your claim that she is not allowed to file jointly because her husband is a nonresident alien. Your link says the exact same thing as what I claimed above (which is contrary to your initial post): if a citizen is married to a nonresident alien, they can file jointly if they choose to let the nonresident alien be taxed as a resident alien. This doesn't mean that the nonresident suddenly is a resident, they're just taxed like one.

From your own link: "Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. However, nonresident aliens married to U.S. citizens or residents can choose to be treated as U.S. residents and file joint returns. For more information on these choices, refer to Nonresident Spouse Treated as a Resident."

I was disputing your last post that I have quoted in my post. You said I was not telling the truth when I said one cannot file a joint return if one spouse is a non-resident alien. The link asserts that. The process to have someone be treated as resident is different and its consequence is after the fact, not before.

You cannot file a joint return if your spouse is non-resident alien. Can you see that from the link?

Lastly, this is not true. You can file as married filing jointly if you elect to have your husband treated as a resident alien for tax purposes and obtain an ITIN.

http://www.irs.gov/businesses/small/international/article/0,,id=96734,00.html

Did it ever occur to you that if someone is treated as resident, then they ARE treated as resident and no longer considered a non-resident alien? See here under married filing jointly http://www.irs.gov/businesses/small/international/article/0,,id=96467,00.html

You are either reading texts without analyzing or maybe, in your eyes, I am as wrong as the IRS link I provided above.

This is incorrect. She cannot file her tax return as single. She is neither unmarried, divorce, or legally separated according to state law.

From the IRS; http://www.irs.gov/newsroom/article/0,,id=105098,00.html'>http://www.irs.gov/newsroom/article/0,,id=105098,00.html

Eight Facts About Filing Status

IRS Tax Tip 2011-09, January 13, 2011

The first step to filing your federal income tax return is to determine which filing status to use. Your filing status is used to determine your filing requirements, standard deduction, eligibility for certain credits and deductions, and your correct tax. There are five filing statuses: Single, Married Filing Jointly, Married Filing Separately, Head of Household and Qualifying Widow(er) with Dependent Child.

Here are eight facts about the five filing status options the IRS wants you to know so that you can choose the best option for your situation.

1. Your marital status on the last day of the year determines your marital status for the entire year.
   
2. If more than one filing status applies to you, choose the one that gives you the lowest tax obligation.
   
3. Single filing status generally applies to anyone who is unmarried, divorced or legally separated according to state law.
   
4. A married couple may file a joint return together. The couple’s filing status would be Married Filing Jointly.
   
5. If your spouse died during the year and you did not remarry during 2010, usually you may still file a joint return with that spouse for the year of death.
   
6. A married couple may elect to file their returns separately. Each person’s filing status would generally be Married Filing Separately.
   
7. Head of Household generally applies to taxpayers who are unmarried. You must also have paid more than half the cost of maintaining a home for you and a qualifying person to qualify for this filing status.
   
8. You may be able to choose Qualifying Widow(er) with Dependent Child as your filing status if your spouse died during 2008 or 2009, you have a dependent child and you meet certain other conditions.
   

There’s much more information about determining your filing status in IRS Publication 501, Exemptions, Standard Deduction, and Filing Information. Publication 501 is available at http://www.irs.gov or by calling 800-TAX-FORM (800-829-3676). You can also use the Interactive Tax Assistant on the IRS website to determine your filing status. The ITA tool is a tax law resource on the IRS website that takes you through a series of questions and provides you with responses to tax law questions.

I really get surprised when people take one statement (that is not even conclusive) from a publication and assume that they know all about taxes. The tax code can fill up an entire household's rooms and you will be fooled if you think all tax rules are clear from that statement - especially when it says: Single filing status generally applies to anyone who is unmarried, divorced or legally separated according to state law.

Yes it is correct that a tax payer is either single, married or legally separated for tax purposes. But who is single or married? Is the word "resident" in IRS books the same as the word resident in USCIS books? If you have a child with an SSN, you may claim the child as a dependent child even if he does not live with you. But what if the child is non-resident alien (i.e an alien child of an LPR)? That is why I said talk to a tax professional. This subject was debated not only in this forum but in several other places. It is always advisable to consult with a professional in the subject matter.

Tax code is a complex subject, and for sure, this board is not for tax discussion. But the scenario of whether to file as single or married when the US citizen/resident is married to a non-resident alien was debated in several posts. Your husband is non-resident alien, therefore you certainly cannot file as married filing jointly. You can either file as married filing separately or single. Many tax software tools will ask you several questions like if you are married, if your spouse is a legal US resident, if the spouse has a valid SSN. If either of those questions are no, it will select single for you (even though you have selected "married" in preceding steps). There are also other IRS forms that instructs you to choose "single" if your spouse if non-resident alien (e.g. the W-4 form). Therefore, talk with a tax professional who really knows the tax code and seek his/her advice. You may not need to file as married at all.

As for the marriage, ff you were legally married in India, you are considered married in the US too. Tearing up the certificate and forgetting about it will not make you off the hook and single again. You are married and you have to go through a process to become free to marry again.

I don't think both of your arguments will work at all, let alone being compelling. The unborn child is not a US citizen - it is unborn (but I know what you meant). Plus pregnancy is not part of the reasons for expedite nor is the distance to a doctor. They will ask themselves, as they are reading your letter, why does not he have her move closer to the doctor - and if he cannot afford that, why on earth is he wasting our time with a visa application that is going to be denied because of insufficient financial support? Once they reach your second argument, it may add some fuel to the fire. It is never a good idea to complain about financial constraints to support your spouse.

If you can demonstrate that your wife is very likely to have a pregnancy complications (based on past pregnancies) and a doctor can attest to that, you may have a shot. Anyway, there must be a medical emergency or its demonstrable likelihood to request for an expedite on this front. Every expedite must be backed up with supporting documentation.

No one can tell you that your fiancee is using you for immigration purposes. Yes, the description of your relationship fits well on fraudulent scenarios but at the same time life is not black and white. Things like this DO happen. How many stories have we heard the bride/groom bailing out while in their wedding attire - just because they loved someone else all along. The fact that there is immigration papers involved does not prove someone is using the other. I am not saying there are no red flags. There are so many of them (that he couldn't wait for his old fiance and started a relationship with another woman, that he lied to her and perhaps hid your relationship from her etc). I am saying there is also a chance the story is just what you have described - or a destiny as some may call it. Without going further into this, I would advice you to follow your heart. Be VERY alert and ask yourself a lot of questions. If your mind and soul are fully behind the relationship and all that comes with it, there is no reason not to fight for it. BUT....

You should also know that you are in a messy situation. He cannot adjust status in any way other than marrying the original fiancee. He will have to go back. In the future though, you will have to overcome so many obstacles and red flags. The ideal thing would have been for him to turn down (cancel) his K-1 visa. He did not and instead choose to enter the country through K-1 visa and then live/stay with you instead of the sponsoring petitioner. In my opinion, get married now in the US and immediately have him go back to his home country. Never ever try to file a new petition for him while he is in US with this status. Hire a good attorney and document everything that would show your marriage was entered in good faith. It may be a good idea to visit him one or more times in his homeland before you start spousal visa process. I will tell you why I suggested marrying in US. If he goes back to his homeland, single, USCIS or the CO will almost immediately presume that his subsequent petition/application is for green card purposes. The marriage will give him a slightly better chance than if he was not married to a US citizen. You will still need to overcome those red flags. But if a marriage is involved, they will need a good reason to deny your immigration benefits and you will have a better fighting chance. Of course, you should not enter into marriage unless you know you can live that man anywhere - just in case.

The paragraph you highlighted is a generic description of a status (Decision, in this case). It tells you that (as of current status), a decision was made on your application, meaning your withdrawal request was approved. Anyway, the first paragraph specifically indicates your application is withdrawn. No worries.

Once the NVC forwards the kids case file to the embassy, your wife can simply take the child with her to the interview and they will process both cases at the same time. It is easier for them that way. Yes, you can have the medical done for the girl now that her mother's interview is already set. Just make sure the case file is at the embassy so that when the result is sent to the consular section, it can go with the file.

It is possible that embassy still require you to pay some or all fees for the child. They may or may not, so I suggest you keep that in mind and get ready for it.

You are definitely fine on the money order. The CSV money order is aso drawn from a US bank (CVS just sell it) and it indicates which bank on the paper.

You are also probably fine on the address too. The Business Closed status happens sometmes over the weekend/holidays. They will probably try it again and the docs will be signed for.

trust me... English being my 1st language and having clear understand of it ... i'm able to read it well. And my response still remains the same. Do not volunteer DNA...make no sense at all to do this. Why then not tell the Immigration officer during the interview that if he/she doenst believe you then "I'll volunteer a lie detector test"

How a lie detector test is comparable to DNA test in immigration law is beyond me. A lie detctor doesn't have any standing in immigration law. DNA has and even considered the best way to prove parent/child relationship. COs are even relying on DNA more often than not in countries where birth certificates are easily obtainable and issued long after birth. Anyway, we are both trying to help the OP here. I am sure the OP will consider all thoughts offered here, including yous and mine.

Why would you even recommend someone to do this... matter of fact the immigrant visas in the IR5, F3, F4, F1, F2A are sooo easy to be approved for. Your suggestion would be fit for someone who lacks confident of a relationship. Pictures are not really necessary... both cert. is enogh.

do not volunteer DNA to the embassy/consulate

If you care to look closely, you will see that I suggested volunteering for DNA if there is a lack of "strong evidence" - not just pirctures - showing maternal relashionship and as an option. Unlike you, I didn't tell the OP what to or not to do. I gave out options based on my experience so that the OP can pick one he is comfortabl with. He can even choose not to volunteer for DNA (and that is one of my suggestions except neither it was presented as do/don't nor it was my preference given there is a lack of evidence).

And no, birth certificate is NOT enough to prove maternal relationship in the Addis Ababa consulate. Normally they will ask the visa applicant to bring evidence showing there was an ongoing mother/child relationship such as pictures together, financial support docs, school records, letters etc. It is essential part of the requirement.

If you don't bring evidence of relationship with your mother, it will depend of the consular officer to deny your visa or give you another chance to bring it. Mostly they will let you bring the evidence another time but you should know that you must prove that the petitioner is your biological mother through pictures or other evidences. If you don't have strong evidence of relationship, you can volunteer for a DNA right on and indicate your willingness to take a maternity test. The CO will try to save you money and ask you if you can provide any proof, but you don't have it, you don't have it. The other option is to provide what you have (or say you don't have it) but then in this case the CO can deny your visa for failing to prove relationship (although like I said unlikely unless he/she is mean). Without strong evidence, I would pick up the DNA cost and volunteer for the test to seal off potential risks.

Don't rely on other people's experience in this. It is your responsibility that you make sure the info given to USCIS is consistent with your legal documentation. It is one phone call away to see if they have corrected the problem and, if not already, correct it. Call them.

Like they say, it is "Magical". Congratulations!

Did you go the SSA and applied for a number? If you did, wait for two weeks and go back there and ask them to give you the number. They will print a letter for you indicating your number and once you have that, you can use it to apply for jobs and start working (provided that you have work authorization).

If you have an intending immigrant visa, the immigration won't bother you for having a one-way ticket (you are not required to go back by law). Get whichever ticket is cheaper for you.

Hi folks

I am going to naturalised as a US citizen on last week of this month.I have a petition pending for my wife F2A in NVC from last 5 months.They give me case number and postponed it for while my PD is current.now i am citizen within 3 weeks.So what i do to upgrade my petition? should i can just scan my naturalization certificate and writing upgarde letter and just email to them?Are they accept from email or i need to mail my citizen certificate from postal service? How long it takes to upgrade in the system and complete my case? so exciting and confused....please help me

You can scan your certificate of naturalization the same day you get it and send it to NVC via email. The upgrade will take from 3 days to two weeks, depending on their load. Once upgraded (and provided that you already sent all NVC phase document submission), they will close the case and put it inline for interview at the interviewing post, another 1-3 weeks. This is just rough estimates and the actual timeline for interview scheduling will depend on your consulate's trend - which you can see in your country portal.

what he did is not a problem, I spelled it exactly like that and had no problems. What they DONT want is people to abbreviate DHS or something like that.

I know. However, you never know what a bored/careless USCIS officer can take against you. Yes even DHS may work for some people and not for others. Whatever it is, I hope it is something the OP can easily fix and get over it with less than a week of delay.

I am not sure what the reason for rejection would be but the instruction says you cannot abbreviate the departments name on the check. It says the name has to be spelled thoroughly - instead of US Dept of Homeland Security, it should be US Department of Homeland Security. You will have to wait and see what the rejection letter says.

Yes, I believe you should be able to use more than one joint sponsor, for your application.

This is not true. Your co-sponsor must have enough income to maintain not only your husband and also his/her entire household. You cannot combine bits and pieces from different sponsors to overcome the financial requirement.

Absolutely. Once the beneficiary has a US visa, he/she can roam all over the US all by him/herself (knowing that a visa is not a guarantee to enter). A visa is issued to someone to use it for travel without anyone's company.

The CO was correct. You are not eligible for a step-child visa since you were more than 18 at the time of your parent's marriage. The reason the petition went ahead all the way to the embassy is because USCIS determined that the claimed relationship existed between the petitioner and the applicant - and that is all they do. The petition approval looks merely if the claimed relationship exists (Are you a step-son of the petitioner). That was determined and the petition was approved. Now the consul must look at every factor and found out about your ineligibility. You don't have any grounds for appeal. Sorry for the long wait.

One thing you should not be doing is sitting around hoping for the best. You can either contact your local congressperson or senator and enlist his help. Getting a lawyer won't hurt either, but contacting your local representative won't cost you anything. The processing time is 5 months and background check usually takes less than 6 months. You have been waiting for a long time. You need to get into their throats.

Yes there is one facility in Boston.

Yes.