Mythical85

Okay guys, just wondering if anyone can help me out here. My wife came into the country last August and we got married in October 2012. After we got married, my wife attempted to get a social security number at the SSA BEFORE the I-94 was expired, the SSA gave us a run around and kept referring us to the USCIS. We kept advising that as long as the I94 is not expired that my wife should be able to get one and they continued to state her visa was expired, I continued to attempt to explain that it is not about the visa being expired but the I94, anyways fast forward...

January, I get my W2 from work, I go to file taxes at jackson & hewitt and was told that I must file married and I can choose to file separately or jointly but I still need to put married. I was a bit confused how to file since my wife was undergoing a adjustment of status (she has not received her authorization to work or travel yet, it's still being processed and we just finished a biometrics meeting). I was told based on tax purposes to have her file as a non resident alien and that she would put in her alien number from the passport. The IRS rejected it immediately.

I went back and was told that we would then need to file for a ITIN number, we filled out the W7 at the office and included a black & white copy of the passport (apparently this will get it rejected), we received another notification from the IRS that it was not valid and sent us a list of valid items to submit, we were told we can include a certified copy from the issuing agency or the original passport and other documents. This is absolutely not an option for several reasons, first, the closest embassy to us is 6 hours away in Atlanta, second, my wife is not comfortable sending her original passport, her only identification and being without it for up to 60 days while it's sent to the IRS, and I don't blame her, if I was in another country, I wouldn't want to send my passport either because you never know if it would end up lost, etc.

After looking through some forums, some members had suggested that they had send colored photocopies of their passport certified from a notary public and it was accepted, apparently these regulations from what I have researched appear to have changed and it must be from the certifying agency who actually issued the passport. I don't know if this is still worth attempting, apparently some are saying there are exceptions for non resident aliens for application of a ITIN.

The final option which we tried today is that in the instructions, we were advised we could go to a taxpayer assistance center and go in person if we cannot be without the document for 60 days. They are apparently supposed to verify the documents, my wife and I waited for 2 hours and she finally spoke to someone but I had to go to work, she kept stating that she needed to verify her documents there but apparently the IRS was close to lunch hour and had printed a form of instructions, basically the same thing I had just read which we feel like we had wasted a lot of time trying to get this done.

The other documents are that we can submit national ID, the problem is Colombia doesn't have a expiration date on their national ID's, birth certificate but the IRS I believes requires it in English, and for the other document, we cannot send the 2 qualifying documents other than medical records but apparently this is only for a dependent under the age of 6.

At this point, I don't know what else to do, we've called around and have done everything possible that I can think of, does anyone else here have any suggestions? Is it best to just try to send the notarized copy of the color passport?

My wife is going through a adjustment of status, we went to Jackson and Hewitt to file joint tax returns and we were told we could use my wife's alien number, apparently the taxes were rejected so we filed with a w7 for a request for a itin number with our income taxes, we included a photocopy of my wife's passport and 9 weeks later were told the income taxes were out on hold until we sent the original documents or a certified copy from the issuing agency. Well found out that means to basically send my wife's passport and it can take up to 60 days to return which is absolutely not an option, the other option is we would need to get a certified copy from the embassy which is also an issue as the closest embassy is about 6 hours away and at this point we are literally spending more money than necessary to drive back and forth just to get the documents, the IRS says that if you need the documents before 60 days you can go to a taxpayer center, so my wife and I ended up going early in the morning today, we ended up getting a ticket and my wife even though she knows english felt more comfortable speaking Spanish, so we ended up getting a Spanish ticket, they called the first ticket in English only to be told we can't use that number anymore and had to wait another 2 hours just to speak to someone who was no help at all, I ended up having to go to work and my wife ended up talking to the guy in English, apparently on the form it says the IRS should be able to verify the documents and a taxpayer center and forward the documents to Austin or make a certified copy so that you are not without the documents. They ended up printing up the same instructions and had my wife leave giving us a run around.

This is a absolute nightmare as we are put in a time crunch now to file to make sure the income taxes are processed and we were unable to get the social security number at the time my wife came here as social security administration also gave us a run around so now filing taxes is extremely difficult. Anyone in a similar boat and have any recommendations?

I had some questions about the adjustment of status, my wife came here on a K1 visa from Colombia in August 2012 and we got married October 13th, 2012 within the 90 days. My wife at this point is out of status and already has her vaccinations from April of 2012, at this point we were delayed because of a couple of different things mainly due to income which has been taken care of now. We've already filled out all the documents, I switched jobs (uninterrupted income history) and am well above the poverty level for 2 people at this point, just filed our 2012 taxes and have 3 years worth of W2's for the affidavit of support.

A couple of questions before we submit the documents

1) For the w2's, in some cases I was between jobs, in 2010 my income I think was slightly below the poverty level because I started working for a company for 2 months and got laid off then started another company around may of 2010 and throughout December, I didn't make quite enough for the year to be above poverty level. In 2011 I got laid off and transferred immediately to different payroll (same job) under a transistion service and then was told about a planned lay off so I switched to a third job which means I had 3 w2's for 2011. 2012 I left another large company to go to a different company which I had 2 w2's for 2012, is this going to affect how I report income? For the affidavit of support do I report my income from 2012 or my planned income for 2013?

2) On my wife's last name for the documents, my wife is insisting she put my last name, however when we got married she never legally changed her last name to my name via a court, we applied for a marriage license and got married in a church. From my understanding, you need to legally change your name to use that last name, my wife is claiming this shouldn't be an issue but I have explained to her she will need to use the legal name on her passport, can anyone confirm this?

3) Which lockbox do we send the documents to?

4) When we submit the documents, are we required to go to a interview or is it random? How does my wife do the biometrics and where are these generally scheduled?

5) Will my wife have work authorization or be able to travel before the interview date?

6) Most critical question, with my wifes i-94 expired, are we required to submit a petition along with the AOS since we filed outside the 90 days? I was told you need some sort of waiver or petition.

thanks.

My fiancée is here on a k1 visa and entered the country on August 4 from colombia. We are scheduled to get married October 13. My wife's i94 has a expiration of November 2nd. During this process I have explained to her that we need to immediately file for a adjustment of status before November 2nd or she will be considered illegally overstaying at that point despite that her visa is expired once she has entered the country but her legal protection will cease. My fiancée is stating a friend of hers told her that she can file for a AOS at any time and needs to apply for a social security card first for the process and states that she would be protected because of our marriage. I have continued to explain to her that this is not the case and a k1 is only a visa for the intent to marry with a 90 day protection that requires a adjustment of status to be granted permanent residency if approved at that point but overstay would be forgiven if the application is approved. I contacted uscis who stated that she would not have a legal status but unlikely to be deported since she would be married to a us citizen. Apparently the information provided conflicts with what the law states as this is a non immigrant visa. Can someone shed some light on this on the actual time frame we have to file for AOS? She is worried we won't have enough time to get all of her documents before November 2nd.

Get civil marriage done right away, that will save you time.. then you can do the religious ceremony.

We actually decided against the civil marriage and decided to get married October 13th with a pastor from the baptist church, sending out the documents for the green card should still be in the clear as long as its done within the 90 days right?

Doesn't sound like a healthy relationship, if she has changed after you met her then it's time to get out especially if she's asking you for more money. Of course being married it's common to help each other out and what not, my wife is not like that, we share both of our finances and nothing has changed since she has been here, we live our life just like when I visited her in Colombia. Church does help, I take my wife to church whenever I can and it helps us but don't let her drag you along for the ride, you will end up getting hurt much worse than you already are.

Got some very good news, my company has made me full time now and actually promoted me with salary, my wife entered on her K1 a couple of days ago so we're good with income now!

We are talking about getting a civil marriage and then doing a ceremony once her family is here. How do we go about applying for her social security number? Can we do this without the greencard?

My wife entered the United States on August 4th on a K1 Visa, and due to time constraints we are trying to setup a marriage date, we have debated setting up at the end of august, then it was going to be around early September, due to family members work schedules it was pushed back to late September and now we have settled on a date around October 13th which is pushing is very close to the end of the K1 expiration. We are worried this will not give us enough time, this will still be within the 90 days if we get married October 13th but we do not want her to lose her legal protection or status. Should this be a sufficient time frame? I have already talked to our pastor who said he would not submit the marriage certificate and would give it to us. Just want to make sure that should be an acceptable time frame. Thanks.

Since w-2 only cover what you earned up to the end of the year, include recent paystubs since they are current proof of income.

As my salary is not guaranteed due to overtime if for some reason I were to go back to being part time or income situation changed albeit still being employed, would this affect the income status for AOS? I know I will likely have more overtime coming up but just wanted to confirm. I have heard people who are unemployed who received AOS due to their last year income taxes.

If your total income on your 2011 tax return was above the minimum, and you've got documents to prove your income this year, then you should be fine.

You don't have to declare assets unless you intend to use them to make up for a shortage in income.

The law says you are required to submit tax returns for the most recent three years, but that DHS has the discretion to require only the most recent year's tax return. USCIS has interpreted this more liberally when drafting the I-864 form. They require only the most recent year's tax return, but may request the most recent three years if they require more evidence. If that happens then you submit a declaration for 2009 stating that you weren't required to file because your income was below the threshold that would have required you to file.

Submit an IRS transcript for 2011, along with your evidence of current income, and just wait and see if get an RFE for more tax returns.

Thanks for the reply, should w2s be sufficient or should I include my paystubs as well?

If you earn enough for your household size and can prove it with a letter from your employer and pay stubs, then no reason to list assets at all. You just leave the assets section blank. There is no requirement to have assets. You just need to have enough income.

It is ok to leave assets blank? Also I did not work 2009 or file a return because I started working in 2010, should that be an issue? My 2011 income looks great and my 2012 income should be fine as well once tax season comes up

You can use assets at 3 times the shortcoming in income. For example, if you need $25k but only make $20k, then you have a shortcoming of $5k and would need at least $15k in assets to make up the difference.

I made 31,000 last year, I work part time on paper but because of the overtime I have worked for the past 9 months I am technically working full time.

This years income will be 40,000 but I was wondering if they are only wanting your income for the year or if they want actual assets in real time in the bank account?

Do they go off assets or only yearly income?

Hey everyone, well after receiving the great news that my soon to be wife was approved for her K1 visa after only a 5 minute interview she will be arriving on August 4th and we plan to get married in September (early September). I wasn't prepared for the next step which I realize is AOS, when I spoke to USCIS, they had indicated on one call that for the purpose of the K1 was for marriage which my soon to be wife and I intend to marry and then we can start a adjustment of status process. Another USCIS officer had indicated (from my understanding) that my soon to be wife should definitely get a AOS and I had asked if it was required or a time frame which I asked if it she was able to stay after the 90 days, the officer had indicated that she wouldn't have a status but that it shouldn't affect anything.

The question I had about the AOS is I am assuming that it will be similar to the K1 process? I was a bit concerned about the whole income situation how they evaluate that, I work part time at home for a very large computer company but with my overtime, I have worked overtime the entire time I have been employed there (almost a year now) and have the income of what someone on salary would have, even though my verification letter indicated i was part time, the consulate approved it. I have paystubs that prove that my income is well above the poverty level from my last income taxes and this year will prove I am well above the poverty level as well even though I don't necessarily have a ton in assets right now. I was concerned how the AOS form when it is submitted is looked at in terms of income if it's current assets or only looking at your last income taxes? Obviously my soon to be wife and I want to show intent that we both want to live together, the whole process has been very expensive, stressful and very long but we want to be together and live our lives and figured any assistance would help us before she comes to the United States. It sounds like at this point AOS is definitely required.

Well I contacted the embassy and it appears we have about 4 months to set up the interview, I am getting all my financial information together. It is not clear if I am required to be there or not, I would think it would help for the interview. The big issue right now is getting time off work right now. We are both very happy about the interview though a little nervous because we just want a definite answer from the consulate. We have many pictures, videos and evidence going back a year so I think we just need to pray a lot and make this happen and see what the embassy says. The national visa center said something like they think I am required to be there but it is still not very clear from the email.

Mythical85, I thought from your post that you just recieved your NOA2, which is not the same thing as getting a notice from the Embassy. If you just found out about your NOA2, the petition has to pass through the National Visa Center first, then it will get sent to the embassy. I tried to look at your timeline, but it does not appear you have started one yet...:-) If you have not already, call the NVC and give them your eMail address and the eMail address of your fiance'. The embassy will send your fiance' an eMail letting her know they have received the petition and you can schedule your interview, however, if you already have a BGT number, you can schedule your appointment now.

Jon & Clau

I have the BGT what is the deadline to setup the appointment once I have that number? Is that something I will need to contact the consulate with?

Very quick response as I only submitted the k1 in October. I have surgery coming up which is why I was wondering how long we had to act. The embassy is in bogota.

I recently received a noa2 and a notification from the embassy that they were beginning to process the k1 paperwork it says that we will need to bring the documents to the interview but it is not clear if there is a deadline. Is there a certain amount of time we have to get the paperwork ready or when our appointment would be? I am an American citizen and live in Florida would I be required to travel to bogota for the interview or does only my fiancée need to attend the consulate meeting with the paperwork?

Anyone here know about the income requirements?

I am about to fill out the I-129F form, technically I made less than $18,00 in 2010 which I still need to file my taxes for because I only worked for 6 months in that tax period, in 2011 I worked for a large call center until August and quit my job to work/change positions for an at home job which is part time because we were going to get laid off in October however as 2011 has not yet ended, I would technically have made close to or around $28,000-29,000 a year. My current job would be below the minimum income come 2012 although I am looking for a second job currently which should cover me until the end of 2012 which I can work full time again, when I fill out the income is this my real time income or just my tax returns for this year? How exactly is that determined?

I was going to do a K3 visa with my fiancee and get married in Colombia but from what I understand, it can take a long time to get a K3 approved, I've read cases where it can take up to 2 years, we were going to do the K1 instead because i've heard that those are usually approved in 5-6 months and would have her come to the US and we can get married, but I need to make sure I am putting all the proper information and that my current income will not cause any problems. Thanks.

I've been dating a woman from Colombia and talked with a immigration lawyer regarding this and we want to get married. I am not sure where to start but I know I have to file a K-1 Visa and i'm not sure what the requirements are. My fiancee has a good paying job and I work at a call center, the biggest concern is the income, I make about 23,000-24,000 a year which is considered high in my area as property value is low, and i've heard you need at least 25,000 income to even get a fiancee visa. I'm wondering what I should do?