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waiting_______

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Posts posted by waiting_______

  1. Hi Marcela,

    They told me the same. That is just the worst case and their formal procedure. It will be at NVC in 10 to 15 days. I have another question if you know about this. Do we need to file our tax return as married or single? The IRS W2 form says it should be filed as single if the spouse is never been in USA, has no SSN or any alien registration number. I asked this question on NVC thread but they are not as friendly as here. Thanks!

    You have to file married joint or separate and in case you qualify you can do head of household. Below is from FAQ from the NVC thread.

    As the petitioner, what filing status do I use for my tax returns?

    You have three options: married filing separately (MFS), married filing jointly (MFJ), or head of household (HOH).

    For HOH, there's some criteria you need to meet to be able to use this. Please see the IRS website for more information. For most people though, it's either between MFS or MFJ.

    Before I continue, I will say this once and only once: YOU CANNOT FILE SINGLE. If you are married, you are married. Doesn't matter where in the universe your spouse is, YOU ARE STILL MARRIED. You will be lying to the IRS if you file as single, and if caught, could cause serious issues. If you have already filed taxes, either this year or last, and were married, yet filed as single, amend your tax return ASAP. If at the time of the interview, there are tax return transcripts in the case file showing the petitioner filed as single, this can be a HUGE red flag. The CO will have to wonder why the petitioner filed as single when they're trying to get a spousal visa. In their eyes, your relationship can be seen as a fraud and could be reason for denial.

    For both MFS and MFJ, the petitioner will have to file a paper tax return. Electronic submissions won't be possible the first year.

    Filing MFS will probably be the easiest for most people as it doesn't require any extra documents from the foreign spouse, nor does it require their signature. On the tax return, where it asks for the spouse's SSN, you would put 'NRA' for Non-Resident Alien. Continue filling out the rest of the return as normal. That is all you have to do. (And if desired, once the spouse has immigrated to the US and has obtained a SSN, the petitioner can then amend their tax return to MFJ, to possibly get a bigger refund, but this isn't required.)
    Filing MFJ will typically mean a bigger refund up front, with no need to amend. This route takes a little more work though as the beneficiary will have to fill out a W7 (available on the IRS site), which requires a signature, and include document(s), so they can obtain a ITIN (it's like a SSN, but for the sole purpose of filing taxes, and is available for those not currently living in the US). This would then be included with the tax return, and sent to a special address for ITIN generation. For most countries, it may be hard to get the needed documents. (For Canada, it was uber easy, and this is how my husband did his taxes while I was still in Canada, waiting for my interview). Please view the instructions for the W7 form on the IRS website to see what documents will be needed.
    For more information, please read: http://www.irs.gov/I...nt-Alien-Spouse
    Request for Evidence Response Review

    On March 12, 2014, we received your response to our request for evidence. This case is being processed at our CALIFORNIA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

    Once a timely response to the request for evidence is received by USCIS, we review the evidence or information you submitted. If you submitted the requested evidence, we continue with the adjudication of your application or petition in light of the new evidence.

    I really hope for an approval soon ! this waiting is going to drive us insane !

    You'll need Skype CreditFree via Skype

    Good luck to you!!! Hope you get the approval real soon....

  2. Dear Saylin, NLR and others,

    I have a question, and in search of some advice...

    I have sent in my AOS package already, which I thought I was sending after much consideration and review but I might have missed something.

    I sent:

    I-864EZ

    2013 Tax Transcript (Filed married jointly she has a SS# from her time here on student visa)

    2012,2011 Tax Transcript

    Employment Letter stating current salary

    All paystubs from 2014

    In 2013, all of the income is mine but as stated in another post it's not distinguishable via the transcript alone. I didn't include any of the W-2s since I was sending the transcripts. However, I am thinking now that the 864EZ requires all of the income be personal W-2 income. Do you think they raise a checklist to prove that it was in fact my income in 2013? Note that, annual salary info in the form and the corresponding employment letter/paystubs show that I meet the requirement for the AOS. Plus my single filed 2012 and 2011 show W-2 incomes that meet the requirement.

    I am considering, if I should go ahead and send in the W-2s separately regardless with the same cover sheet and cover letter explaining the additional document to be added to already sent package. I am concerned that this might screw their system up with me sending two packages and cause unnecessary delays. Do you know of any instances when somebody sends in additional documents separately before any checklists are generated? Should I send in my W-2s now and take the chance or just hope they don't generate a checklist. oops8rh.gif

    Thanks....

  3. But I am now in Thailand and before I got my citizenship they have already checked my background. Because I don't live there anymore. How can I get if I don't live there anymore. sad.png What should I do?

    Others who are/were in similar situation should be able to provide more details.

    Could you contact the Philippines consulate/embassy from Thailand ? They should be able to get you the PCC.

    Kept calling all day. Finally around 4:30 (PST) got thru' to NVC. Gave them my wife's (beneficiary) email ID. They already had mine. Got the Case # and IIN.

    She said wait for the email from NVC until I will be able to view the forms/bills.

    Too excited, can't write any more. Got to call wife although it is still very early in the morning in India.

    Ms. Saylin, please update my entry - Case # Received 3/11/14.

    Congrats!! For me the DS-261 was available right away, the AOS bill showed up a day after the email from NVC.

  4. Please help to answer. I was born in the Philippines and moved to Bangkok in 1990. I am now a Thai citizen for 15 yrs. So my Police clearance certificate will be released in 3 weeks. will I need also a PCC from the Philippines?

    And also on my DS-260 previous address since I was 16 yrs old. I put there the year I was born until 1989. will there be a problem there or should I call NVC to have it change?

    Saylin if you are there please help.

    Please help to answer. I was born in the Philippines and moved to Bangkok in 1990. I am now a Thai citizen for 15 yrs. So my Police clearance certificate will be released in 3 weeks. will I need also a PCC from the Philippines?

    And also on my DS-260 previous address since I was 16 yrs old. I put there the year I was born until 1989. will there be a problem there or should I call NVC to have it change?

    Saylin if you are there please help.

    I think you need a police certificate from the country, if you lived there more than 12 months and you were older than the age of 16.

    An applicant must obtain a police certificate from the local police authority:

    IF you… lived in a different country for more than 12 months

    AND… you were 16 years or older at that time

  5. Hi Sayiln,

    I just received email checklist from NVC,

    General Instructions

    [x] You will need to complete and submit the new form, completely filled out (all pages required), which includes the changes noted below. Submitting single pages of the form with the correction is not acceptable. In order to make corrections you will need to download a new form at ww.ImmigrantVisas.state.gov.

    Part 5 Sponsor's Income and Employment

    [x] doe, John's income indicated on the I-864EZ Part 19 does not correspond to

    that shown on the most recent tax return and W-2(s).

    ==========

    I sent all the documents with the correct information. what dose it mean, is it a false check list? Please help and advice.

    Thanks

    Kalloo

    From what I've seen, and others can chime in.. since it's a specific line item check-list; it's not a false check list.

    I have been concerned about this, and I have seen so many others that have got a checklist for this item.

    What value did you fill out for the total income? Did you use the 1040 "total income"?

    Did you have W-2 income plus other income such as Capital gains/Dividends/interest etc?

    The part that concerns me is that 864-ez instruction state that all the income being used to qualify must be Sponsor's W-2 incomes. What happens if you qualify via the W-2 incomes alone but have other incomes such as listed above. Do they expect you to only report the W-2 incomes in that filed? Or do they not want you to use 864-EZ all together.

  6. Thats good. So if they got my file last Friday (7th March) that means that I should have my case number (based on the 20-30 business days days) between April 4th and April 18th?

    I think I will start calling after the 4th April for a case number…….

    My suggestion would be to not wait that long to call. Call once a week during the non-busy hours just in case. Because if they do by chance get it done early there is no reason to let your case wait. As it gets closer and closer to their target time, start calling every day.

  7. You asked to B & G..

    But I just have my opinion..

    you will save lots of time if you do by lawyer. ( my friend told me and I think it's true)

    I asked same question to him.

    lawyer can send both packages together and pay fees together..

    do not do it yourself..

    if you have lawyer when u submitted I-130 than get help from him..

    it's not hassle but it's about saving 2 to 3 weeks.

    This is what I know..

    You can ask some others too.

    Good luck.

    Time being saved by having a lawyer is simply avoiding the choice of agent form, and the associated delay at NVC to get that selection in their system.

    Now the simple question is when the fees become available after the case# is assigned who will get the fees paid quickest, who will get all of the document sent to NVC the quickest? That's the only question to consider. IMO, that's usually the applicant.

    One quick thing.. if you had a attorney at the time of I-130 you already will gain the advantage at NVC of not having to fill out the choice of agent form.

  8. So who sends the documents for IV package and AOS package etc.? I had a lawyer do i130 for me and due to G28, there won't be DS 261 generated for me once I get approved. Do you recommend letting my lawyer send the docs on behalf of me? My concern is he is very busy and hence not as proactive as I would like him to be. Montreal allows EP so I am thinking to submit docs myself.

    In my opinion, you should do it yourself. You can control how quickly you get the stuff done, no matter how dedicated the attorney they are not going to have the same sense of urgency as you. I've heard in some cases that they insist on doing it them selves, in that case I would go ahead and fire the attorney. There are some members who have done that. For all the questions you might have or the help you'll need you have this great VJ community to help.

  9. yes, I had lawyer when I submitted my I-130..

    So in short, How long does it take after I get case number from NVC to case complete?

    and Does having lawyer help me to get case number from NVC quickly?

    Getting the case number assigned won't be quicker, but once assigned you'll save a good amount of time. When case# is assigned you can pay both AOS and IV bills. So if you are ready to send those packages out quickly after the bills are paid the only waiting you'll have is to get the case# assigned initially and them reviewing your submitted docs.

  10. Is it good to have a lawyer or attorney at NVC stage ?

    How many days we can save it by having lawyer?

    Unless you had a lawyer when you filed the I-130, it will not help at the NVC stage. With a lawyer assigned, DS-261 isn't generated and the lawyer is assigned as an agent automatically, potentially saving 3-4 weeks. The key is to have the NVC not generate the DS-261, I don't believe there is a way to avoid that unless you had a lawyer at the i-130 submission.

  11. "ll get pcc written status single"

    Indian PCC issued by passport office does not Indicate marriage status, I am sure the same format will be used by your PSK too.

    My wife's PCC states "her name, W/o my name, holder of passport ..."

    She got it from the Mumbai passport office few days before we got her NOA2. She went in with the Mumbai US consulate instruction letter that is accessible to everyone. This was because we had heard that sometimes they ask for a statement requesting a PCC from the US consulate or state department. However, she got the PCC without ever having to show any proof of her immigration application status.

    http://photos.state.gov/libraries/mumbai/395145/pereirals/IV-Packet4-December2013.pdf

  12. Yippeee I just paid! Now I am wishing that I had a rubber stamp to stamp on their case numbers on each page of the AOS packet. My hand is going to be sore writing on each page.

    On a side note, the NVC gave me an error when I first tried...turns out that it doesn't like hyphenated names and wants to have the surname typed all together. Nothing is ever simple with this immigration malarkey.

    Hi Collie,

    What are the best practices for the supporting documents? Writing the NVC case# on each supporting document is recommended? Thanks.

  13. I can't believe this!!! I was calling to find out if my case had been received, but I got a NVC case# and IIN. The agent had my email address and phone# already, and I gave over my Wife's email address. When I asked for the IIN he gave it but mentioned don't try to pay or do anything until they send us an email. I didn't know about the beneficiary ID#, but was given that as well.


    I am still in shock. I don't know if they got a bunch of cases assigned today or what?! I had called on Friday and was told they didn't have my case on record yet and to wait 8 weeks!! Today, they told me my case was created on the 27th!! I was approved on Feb 13 from CSC. Not clear to me when my case was received in that case.


    I am hopping this means that they have made some major progress on the 20-30 business delays that they have been quoting.


    Saylin, can you please update the spreadsheet?

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