zozomike

Thank you. We will retain representation should an appeal of the spouse visa that was returned seem possible. The new I-130 has already been filed and received. So all is in the too-familiar limbo. 

18 minutes ago, Troy B said:

40 pages of proof sounds like you are trying too hard imo.  I had sent 9 pages of proof at the i-130 stage,  and increased that (a year later) to ~13 pages for NVC.  You included pictures of various places and with family members?

 

Btw, you likely can't file the w-7 for an ITIN until you file your 2023 taxes in 2024.

Well I do not seem to be as lucky as you, I gave 40 pages, photos, descriptions, rings, affirmations,  flights, they asked for more proof , gave 10 more, then they denied for not enough proof. Different embassy, thats why I asked about different embassy filing, but that is a dead end

One can no longer get ITN for foreign spouse per catch 22  recent rules. filinf MFS seems to be the only remaining option I can find. 

6 hours ago, Cathi said:

You need to find out exactly why you were denied and address those issues before you reapply, regardless of where you apply. Your file will be available at all of the consulates to view so merely moving locations, does not address the reasons why you were denied.

As I understand it the Notice of intent to revoke can take 6-12 months. one of my stepsons will age out in 52 days, ( just a kid when we began this awful process) If we lose the appeal, and apparently most do, we would be furthur delayed. So we are preparing a new I-130 for submission. 

3 hours ago, zozomike said:

Sorry to be dumb, what is MFS? 

Thanks Redro, Turbotax had fooled me, but I found a way to make it accept the MFS and am mailing two ammended returns to get her name on the return. 

Just now, zozomike said:

Sorry to be dumb, what is MFS? 

Oh got it. Married filing Separately. 

3 minutes ago, Redro said:

You can file MFS, print it out, then mail it. 
That’s the option most US citizens take. 

Sorry to be dumb, what is MFS? 

47 minutes ago, Redro said:

@zozomike how did you file taxes? As single? head of household or married filing separately? 

Single is the only way I could find. Any attempt to list another requires a SS or ITN. 

9 minutes ago, Ketsuban said:

I'm not sure if things changed in the past decade but before I moved out here, my ex filed a paper return and put "NRA" (which means non-resident alien) where my non-existent SSN/ITIN would have gone. Does that not work anymore for married filing separately? We amended the return after I arrived with my new SSN and made it a joint filing. IRS didn't reject any of it.

I WISH, THOSE DAYS OF A TRUSTING GOVERNMENT SEEM TO BE GONE, SEE THIS. 

9 minutes ago, Crazy Cat said:

I'm very skeptical of his answer.   Did he provide you with a reference for that answer?  ITINs are used specifically for tax reporting. 

Thanks, I dont know.., I just paid for that answer. And  I had just closed the form, but here from the instructions for the new W-7: 

Note. The deduction for personal exemptions was suspended for tax years 2018 through 2025. For tax years beginning after 2017, spouses or dependents aren’t eligible for an ITIN, unless they are claimed for an allowable tax benefit. The individual must be listed on an attached U.S. federal tax return with the schedule or form that applies to the allowable tax benefit. See the instructions for your U.S. federal tax return for more information.

And the reason I had not claimed it before is that the form 1040 does not allow listing of anyone without an ITN or SSN. 

2 hours ago, zozomike said:

Brilliant thank you. 

Turns out the laws changed, not allowed, CPA said I could, we started on it, then he realized it was no longer possible. 

Yaw, CPA Tax Professional

August 25, 2023Yes, sorry about that. This means that you will not be able to apply for an ITIN for your spouse just to amend your previous tax returns to include them. You will need to wait until they are approved for immigration and then they can apply for an ITIN on their own.

r.

5 minutes ago, mam521 said:

I'm no accountant, but I am a person who lived abroad while awaiting my turn to immigrate.  I'd probably find an accountant who is versed in income tax law and amend your returns.  You have to claim married when you're married, irrespective of whether your spouse resides in the US.  You are trying to build a strong case for a bonafide marriage, after all. 

 

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

 

Brilliant thank you. 

12 minutes ago, mam521 said:

Your spouse needs an ITIN.  You need to file income taxes appropriately.  That's a big red flag.  

 

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

Link is dead, but here from the W-7 instructions: 

Purpose of Form Use Form W-7 for the following purposes. • To apply for a new ITIN. Individuals applying for an ITIN must include a U.S. federal tax return unless they meet an exception, and the required documentation. For tax years after December 31, 2017, spouses and dependents are not eligible for a new ITIN unless they are claimed for an allowable tax benefit or they file their own tax return

 Seems like catch 22...

12 minutes ago, mam521 said:

What other COMMITTED things did you provide?  Did you file your income tax as married, filing separately? Have you added her as a beneficiary to things like your life insurance and retirement accounts?  Pictures, visits and conversations are all nice, but they aren't demonstrating long term commitment. 

 

Consulate shopping isn't going to fix your issues.  Providing more solid evidence of your bonafide relationship will.  

Good points, she is benificiary on my IRA account. I will draw attention tho that. I am unable to find a way to handle taxes as you speak as she has no Social Security number. All your suggestions are welcome. 

39 minutes ago, nastra30 said:

I-129F is not for married people unless you were pursuing K3.

 

Changing consulates won't do anything for your situation; you need rectify the issues resulting in your I-130 petition not being approved. Wasn't your I-130 sent to USCIS for reconsideration? 

Thank you. The I-129F was done before we married, when it was rejected we married and filed the I-130. The I-130 was returned on 08/14/2023, and the CO stated our marriage was "doubtful".

We have chosen to file a new I-130 so we can add more information to the relationship proofs. I guess 40 pages of pics of 6 extended stays together with flights etc.  already in the file was not enough. 

Thank you, I understand better. The reason for rejection of the I-129F we never learned. The stated ( verbal by CO) was doubtful marriage. The over 40 pages of proofs in the file and which had been sent twice were never read I guess. 

6 minutes ago, Boiler said:

People move and change Consulates accordingly, so depends on what your plans are.

 

I think the questions I have seen have involved situations which were compulsory or they had obvious options.

 

Pakistan and the Middle East, there was one who was in London who went back to Bangladesh and regretted it.

OK, we did not plan on her moving except to USA,. Just hoping it was possible to interview somewhere besides Sri Lanka. So I guess that option is out. Thanks for your answers. 

10 minutes ago, Boiler said:

They will have the file

 

India has long wait times, usually.

WHEW, Indian wait times of 8 years? no thanks. Good tip. I really am just asking if it really is advisable to try, and if anyone has managed to change to another embassy. We feel defeated by the Sri Lankan embassy. 

52 minutes ago, Boiler said:

Not sure I would choose India.

It is closest embassy other than the one that has denied us twice. But???

The US Embassy in Sri Lanka rejected our I-129 one year after the interview, then rejected our I-130 2-1/2 years after the interview. Rather than appeal we have determined to reapply for I-130. The online I-130 allows the choice of an Embassy outside their country of last residence. Does this work? Say for example we chose India...

Thanks for any experience. 

 Thank you both. The officer claimed when denying to my wife that the marriage did not seem adequate. Never in all the time did she request more than the 40+ pages of relationship proof already in the file. I have lived  with them six times and documented that. So now looking to bail out semi permanently. 

After holding our petition in their Embassy for 2-1/2 years, approving once then canceling approval and two interviews the Embassy to Sri Lanka returned our petition to NVC. The Embassy received an inquiry from my Senator, and also from State Dept ( at Senator's request) on Friday Ag 11, and rejected on Monday Ag 14th.  This email from the State Dept was forwarded to me by by my Senator:

Iris, good afternoon.  Thank you for your patience while I consulted with colleagues in the Visa Office.  The Chief of the Immigrant Visa Unit reviewed the information on file and after careful consideration was not able to approve the immigrant visa application of Mr. XXXXX wife and children.  Because the applications were refused, they are being returned to USCIS (via the National Visa Center) for potential revocation.  USCIS will give Mr. XXXX an opportunity to present additional information and has the authority to reapprove or revoke the petitions.  Mrs. XXXX was asked to come into the embassy yesterday to talk about the refusal and she knows the petitions are being returned.  They gave back all her original documents as well. 

I regret that this is not the outcome that everyone hoped for. 

Keep well,

U.S. Department of State

However Travel.gov says this: The sole authority to approve or deny (called adjudicate) visa applications, under U.S. immigration law section 104(a) of the Immigration and Nationality Act, is given to consular officers at U.S. Embassies and Consulates.

So can we appeal to USCIS? What is the process? Thanks in advance.

RETURNED TO NVC Please advise, 

My Senator sent another Congressional inqury and also requested the State Department enquire. These would have been received at the embassy on August 11th, as there was a file update, but the status did not change.  On August 14th my wife Mary received a call to return to the Embassy the following day. I checked CEAC and found our petition had been returned. Mary traveled to the Embassy as requested, and actually met the CO. The CO told her our marriage was suspect and doubtful. Weirdly she was given a package of our documents, but not their passports.  The CO told her we could send proofs to the NVC. Evidently, the 49 pages of relationship proofs in the file, our five-year relationship, my six trips to live with them (wife and stepsons) and two interviews are not enough? 

No idea how to appeal this? Should I try to retain an Attorney? Should we give up? We have been trying with this Embassy for half a decade. Always documentarily qualified etc. 

Thanks for checking. No update, no idea what to do. The Embassy just stonewalls. 

My Senator wrote to the Embassy upon my request after one year of no action and no answers. The Embassy immediately responded, and scheduled a second interview. (something that seems rare) At the interview, which according to my wife did seem like a real interview, the demand was made to reissue all the documents which had "expired" while the Embassy delayed. These were all furnished by hard copies on April 27th 2023. The Senator again made Congressional inquiry at the end of May and the Embassy confirmed our documents received and delivered to the CO. No decisions. 

At this stage we just want them to make a decision, yes or no. Either my family will be allowed to join me in USA, or I will sell out and join them in Sri Lanka or some third country where the stepsons would heve better opportunities. 

I have been remiss in updating our case for those that have also been trying the Sri Lanka to US immigrant visas. The DS-5535s for my stepsons was, as mentioned filed APR 28th 2022, ten months ago. Only once during that period has the Embassy deigned to reply to any of our status requests, to basically say we are still investigating. This is not like investigating a President, it is two teenage boys for goodness sakes. Of course at that time they did call my wife and tell her her visa was ready, but she would have to leave her sons. Given the turmoil in country at that time, riots, PM etc forced to flee. we decided it was too dangerous, but now kind of regret that. The have since refused to answer her requests to obtain her visa. We are still ghosted. I understand it used to be normal for a CO to provide quick decisions, but over two years since the interview seems abusive. Are there any members who have had good luck with attorneys who might be familiar with this embassy? It seems time to force a decision no matter what the outcome.