SweBro

2 minutes ago, Boiler said:

If she needs to go home then she needs to go home, what other option is there?

 

What status was she in when she filed to change?

Yes, needs to go home. But we were not 100% until recent when the court date was scheduled. She was in a e2 dependent status. Question is how to withdraw the i539 application.

2 hours ago, SusieQQQ said:

By the way she should withdraw the i539 when she leaves, to prevent the likely denial going on her immigration record. It wouldn’t be an issue for an immigrant visa to marry you, but as you know things don’t always work out as planned, and if one day she wanted to visit the US in non-immigrant status it could be a problem. 

 

Good luck with everything!

 

The i539 Application is not yet received by USCIS, they havent cashed the checks yet. Any guidance on what we should do here? 

1 minute ago, SusieQQQ said:

By the way she should withdraw the i539 when she leaves, to prevent the likely denial going on her immigration record. It wouldn’t be an issue for an immigrant visa to marry you, but as you know things don’t always work out as planned, and if one day she wanted to visit the US in non-immigrant status it could be a problem. 

 

Good luck with everything!

 

Thank you for that tip! Dont you find it strange that it was several immigration lawyers IN THE USA recommending us doing it this way. Since the E2 becomes invalid, change to tourist, and when divorce is through, remarry and file the i130. 

1 minute ago, H&T said:

Please follow the regular procedure: Just ask her to leave and take care of that divorce. After that, both of you can getting married and process to I-130. That is the proper way.

Definately! 

A couple of years in Europe will not be terrible either!!

1 minute ago, SusieQQQ said:

Well it seems to me the change of status application would be denied anyway as her intentions are not to be a tourist, they are to stay and marry you and adjust status.  It’s only a catch-22 because you are trying to circumvent the proper way of doing these things. (Have already if she was still using derivative status of someone she was separated from.) If she has to leave and she obviously cannot marry you before she leaves, then most likely she will end up awaiting visa processing in her home country. 

Very well put! 

So, leaving might be the only option. 

Thanks for your reply. 

I am a US Citizen. My girlfriend is a E2 dependent. They have been separated for MANY years and the "ex husband" had his GC approved which means her E2 status is now no longer valid. 

She sent the i539 to change to tourist, but has to go back to her home country in a couple of weeks to finalize the divorce so that we can move on and get her GC through my citizenship. 

Seems like a real moment 22 where she has to stay in the US to be legal(waiting for the i539), but also have to leave the country to finalize the divorce.(they have to do it in front of a judge) 

Did I explain this so you can understand?

Can you travel abroad while waiting for your i539 change of status to be approved?

Ok, will the SSN be enough proof for getting a job?

How long did it take for ya'll to recieve the green card by mail?

I entered USA in Chicago last Friday..

I had my 2nd interview just 2 weeks ago, It all was very simple. I just had to answer 3 questions.

1. Where did you met your wife?

2. Whats her parents names?

3. What is she planning to do in the US.

The interview was only 5-10 minutes long.

I got my papers from the Police only 3-5 days after I faxed and payed the fee, (have to do that in advance)

A BIG Thank You to ya'll here on VISA journey!!

I recieved my VISA paggade this week, feels great!

So we're off to USA in the end of august.. Very exciting!!

Dont hesitate to ask if there's something you need help with!!

We have IV interview date set at Guangzhou in August and have a question about bringing original documents to the interview.

Specifically, we have a joint sponsor who provided I-864, W-2, employment letter, US naturalization certificate, pay stub, and Tax return to NVC in PDF through electronic processing. Since he lives in a different state from me, he is reluctant to mail the original documents overseas, concerning about them getting lost in the mail and therefore the potential identity theft issue.

Everybody says to bring more stuff than less to the interview. But I'd still like to know your experience at the interview that if the immigration officer really wants to look at your original documents supporting I-864. If the chance is very slim, then I will not press my sponsor friend too hard mailing his orginal documents overseas.

Thank you in advance!

Hi!

I had an interview last week in Stockholm, i brought all my original documents but they didnt look at them.

they only asked my wife to show the most recent year, 2010.

Soon, very soon will I have my VISA in hand, had the interview in Stockholm last thursday. The only thing i had missed was to bring a tax form from my wifes latest tax filing.

I didnt realise that she had to file taxes in the US since she has lived in Sweden all her life.

So she filed taxes and I'm gonna send the embassy a copy of that form, after that they will issue the VISA for me.

So, 26/8 is the date when we are moving

Hi Ya'll!

I have an interview scheduled for next week, really looking forward to it!

The only thing I worry a bit about is the thing with tax filing, its my wife who petitions for me and we are using assets not income, my wife is not eligble for filing US taxes due to

1) the amount she has to make (she has no income)

2) the number of days she spends in Sweden (whole tax years)

The embassy is asking me to take with me proof that she is not eligble for tax filing in the US.

I've heard that it's enough to write a cover letter explaining why taxes has not been filed, and in this letter enter the rules from the IRS

( http://www.irs.gov/publications/p54/ch04.html#en_US_2010_publink100047398 ) figure 4A.

Whats your opinion in this matter?

Looking forward to your answer..

Had my interview last week and they are keen on having all originals.

What papers were requested in originals? Because I had sent my originals to the NVC

and they had them all at the embassy (No worries about those).

But they lacked one original from me and I had to resend it (worst case scenario for you if everything else checks out, don't worry).

They wanted me to bring medical, police report, birth certificate, military records and so on..

the medical exam outcome was sent directly to the embassy, i didnt even get them home..

Im gonna bring copies of everything i've allready sent them..

thanks for your answer..

#######, i didnt make a copy of the police report, did copies to the othere ones but not that one..

Hi!

I am scheduled for an interview next week at the US Embassy in Stockholm.

They ask me to bring the original documents which I allready have sent to them?

Whats the deal?

thanks in advance..

Hi!

I am scheduled for an interview next week at the US Embassy in Stockholm.

They ask me to bring the original documents which I allready have sent to them?

Whats the deal?

thanks in advance..

Hi!

Im waiting for my VISA, did an DCF in Stockholm.

The thing is that I am moving to US in september, but will do a shorter business to Chicago trip in august and then head back to sweden.

Ive understood that it is when you enter USA with your VISA the green card will be sent to my adress in USA.

Will there be any problems going there in august, and then go back to Sweden for 2 weeks and then USA again?

Hope you understand the question :-)

Just want to say congratz to the filing of the I-130 it is an exiting journey you guys have started and I wish you the best of luck from one Swede to another. May your journey be short and problem free. You are certainly doing it the smart way with consular filing.

Thank You!

I did the medical exam yesterday, and now im only filling out the last parts of i-864. Its very exciting! :-)

There is a foreign income exclusion up to a point. And also a minimum income to file a tax return. See this web page from the IRS website to get information pertaining to international tax filing >> http://www.irs.gov/businesses/small/international/index.html

Some other items that may need to be addressed are: the USC must establish a domicile in the US; it sounds like a joint sponsor will be needed and that sponsor must be a US citizen or Green Card holder. This link I-864 FAQ may have useful information as well.

Hi, thanks for a good answer.

My wife has never lived in the US, but her grandparents live there, have lived there for all their lifes. I guess that they can be a sponsor aswell.

But at the embassy they told us that if we had assets of more than 55000 dollars that would be enough.

We have a domicile in the US, so those things are sorted out.

The only questionmark for me is how i fill out the form 1040_EZ, she hasn't had som much income the last 3 years.

Hi!

Today i visited the US embassy in Stockholm Sweden and filed a i-130 petition.

I am now asked to send in a copy of the "Federal Income Tax return for the most recent taxable years"

This is the situation, its my wife filing the petition for me since she is an US.Citizen but has lived in Sweden for all of her life. So no tax reports has been filed to IRS. And the income hasn't been so high either since she is 24 years old and have been studying for a while.

So the question is, can she file taxes from 3-5 years back in time, and what forms are used to do this?

Will she be obliged to pay double taxes?

Thanks in advance..

Great. I've just sorted out what I need to do.

Seems like DCF is a very good way for us to go.

Going to visit the embassy in Stockholm as soon as possible.

Thanks.

Hi..

Me and my wife is planning to move to USA this fall 2011. My wife is an US citizen but lives in Sweden with me. We have been married for almost 6 years now.

Which is the best way to get a visa for permanent stay, and also a green card? We already have a condo to live in, no kids, and of course no criminal record :-)

Can I start filling the forms here in Sweden or can I just start doing that when we arrive to the US this fall? I've heard that if I travrl into the country with her I can stay for as long as i want? Is that correct?

Does anyone have some idea about how long time it will take to get a green card to be able to start working..

Thanks in advance..