No name 88

I guess my biggest concern is that my husband is in America, and working, and won't be able to just fly over here for the birth that easily and that he will miss the entire pregnancy. It's our first child and I would love to be with him.

That is a difficult situation. I visited the wife during the pregnancy and for the last two months plus the month after the birth I took a personnel leave of absence from work to be with her.

Having two petitions with the USCIS at the same time could be a bad idea. I would look into withdrawing the I-129f. I don't have experience with this but others may help.

cjmax I'm sorry but I think you need to plan on having the baby in Australia as the US process is longer than your pregnancy. My wife shed many tears over this but it all worked out and we now have a wonderful baby which you will too. My wife and I found ourselves in the same position last year and our immigration plans had to be adjusted because of the timing of the baby. Actually having the baby in Vietnam made our relationship much stronger. We are more in love now than ever.

What are your concerns with having the baby in Australia? Citizenship?

umm yea.. if you are married. why are you processing K1-Fiance Visa AND CR1 visa?!.. you can't do that.. .. the I-129 was not needed..

I don't think she didn't filed for a K-1. I think she did file for a IR-1/CR-1 and a K-3.......at the same time? Did you withdraw the I-130 or is it still pending? Also the K-3 visa type is hardly approved anymore from what others say. USCIS just processes it as an IR-1/CR-1 petition.

Question is where do you want to have the baby? Are you in a rush to go to the US. I just did this overseas and waiting for the new baby to grow before you can travel really speeds up the time. Also have a baby overseas can have some advantages.

Update your profile and timeline. This helps members answer your questions regrading your specific case.

Where do you want to have the baby? The US or Australia.

It's tax time again and I've been trying to find out how to get an individual tax identification number for my wife so we can file jointly. I thought they allowed notarized passport copies but I guess that's no longer allowed as of 2012. They now ask for a certified copy of the passport or two other documents but I hate sending originals of anything. So I'm thinking I'll just ask the US consulate in the wife's home if I can get a certified copy of her passport for a W-7. In their credit the consulate responded and said they could notarize her passport. Is this the same thing the IRS wants for the ITIN for certified copy? See my communication below with the consulate.

My message to the consulate:

Message: W-7 for (ITIN) Individual Tax Identification Number.

I want to get a ITIN for my wife who is a Vietnam Passport holder and has no SSN. This would be for the purpose of filing a joint return with a W-7. Does the US citizen services unit certify VN passports for the purpose of applying for an ITIN? If so how long does this take?

Thank You for your assistance.

Consulate Response:

Dear Sir/Madam,

Thank you for your inquiry.

You can have your wife’s Vietnamese passport notarized at the American Citizen Service Unit. Please visit the Consulate's website to make an appointment:https://evisaforms.state.gov/acs/default.asp?postcode=HCM&appcode=1 . The document is available for you to take at the moment it is executed. The fee is $50.00 per page.

If you have further questions, please DO NOT reply to this email but submit your inquiry again to: http://hochiminh.usconsulate.gov/contact_acs.html. We WILL NOT respond to any inquiry sent directly to this email address.

Sincerely,

Information and Public Outreach Team

Consular Section

U.S. Consulate General in HCMC

Website: http://hochiminh.usconsulate.gov

All it means is your case has been transferred for processing which has become normal. Without knowing the visa type applied for or updating your timeline we can't give you a guess on how long the decision will take.

I've just been looking into the ITIN and they no longer accept a notarized passport. Only a government certified copy or the original passport and they send it back 60 days later. Also you can send in two notarized copies of foreign documents instead of the passport which makes no sense.

Please note: you may not just send in "some copies of your ID's". They must be originals, or copies that have been certified by the original issuing authority. They really want your passport. And, the IRS says they might keep it up to 60 days.

We've just gone through this. Luckily, my spouse is still offshore, and we were able to go through the US Consulate in Australia to get the proper certification. It only took 5 days this way.

Sukie

You are correct. It says right in the link I attached. I don't know why I wrote it, thanks. You got an ITIN through the consulate or just the certified passport copy?

This maybe called adding derivatives? I was looking for info on the HCMC site and saw information that might be relevant to you. I know it's not India but I looked under the Mumbai site and they don't have this page but at least you know what it's called to start a search.

http://hochiminh.usconsulate.gov/iv/updating/information.html

To report an add-on child derivative: - Submit a copy of your child’s birth certificate.

Stuff like this is the reason I hired an Expat accountant. I hate hiring lawyers. A good accountant is hard to find but the rewards and lack of headaches are worth it. I hope you find you answer.

I assumed you were USC because your profile says IR-1/CR-1. I'm sorry but my skill set ends here. Another member will have to advise you as I can only provide speculative information of this topic. Good Luck.

By the way I'm in Kakinada right now enjoying your holiday. The food is fantastic.

No big deal. If your husband made less than $76,000, I don't remember the exact number, he paid too much and will get a refund for 2012 with an amended return for married status filing jointly.

Just file an amended return with a W-7 and some copies of your ID's like foreign passport. It gets sent to a different address than what's on the 1040 form.

This link should have what your looking for.

http://www.***removed***/newcomer/itin.html

Okay you are scaring yourself and worrying over nothing. If he gets a tourist Visa you could actually marry here you don't HAVE to first marry in Nigeria.

It is not against immigration law to come here on a visitor visa and get married. It is against the law to come here marry and stay.

So you can actually do your first ceremony here if you want. Go get the visitor visa now so you know yes or no if he can even come to US and visit. Than you can plan accordingly.

Can we be friends; you speak sense. I'm sick of people here saying you have to do things the "correct" way when there is nothing illegal about it. Some have big hang ups on this.

Thank you!!!

I think everyone here is confused by your profile. It says your filing a K-1 which a fiancee visa. I think we have questions.

1. Are you two legally married in Nigeria or anywhere?
2. Do you already have an I-130 filed?

From your posts I think you are already married and have filed and I-130 for a CR-1 visa. Now your asking if you can get a tourist visa to come to the US and have another wedding for US relatives. If that's the case no there is nothing illegal about just having a ceremony but you may have a hard time getting that tourist visa.

Are you a US citizen? Have you lived in the US 5 years with 2 years being after the age of 14? Were you married when the baby was born?

If so your new baby is already a US citizen. You just need to file the Consular Report of Birth Aboard (CRBA). You just need the a birth certificate issued in India. I just did this in Vietnam. You'll get a CRBA that basically declares your child a natural born citizen and a US passport for the child. That babies SSN card comes to your US address a few months later.

When I did this at the consulate the CO told me I wouldn't have to make any changes to my wife's petition already in processing. See the link.

I would get the baby's Indian passport if allowed. It will make it easier for the baby to come and go for visits.

http://mumbai.usconsulate.gov/reporting-births-and-citizenship-questions.html

If you go to the K-1 interview and you've been approved the next time you see your fiancees passport it will have a K-1 visa inside. After that point your fiancee can only enter on the K-1. If your fiancee can legally enter the US before the interview no problem but visiting is off the table after the interview.

You have to renew the passport. No choice. Most countries require 6 months validity to receive a visa or even enter at the POE plus a requirement for so many blank visa pages. Renew it now and move on.

I'm trying to figure out what to do as well. I work abroad and make significantly less than $96000 a year and therefore don't have to pay any taxes to the USA on my earnings. Of course, I still have to turn in the freaking thing. Last year my stepfather's accountant filed for me as "single" because I was single during the year of taxes. This year I have to do it on my own and I'm still deciding what to do. I'm sort of hoping that we'll be granted the visa in June or so and then I'll have a number for my husband and just do it real quick then. Because I read online if you reside abroad you automatically have until July to file taxes.

I'll try this year as well for foreign earned income tax exclusion on the 330 day physical presence test. The current limit is $97,600 and you have to file IRS form 2555. Also form TDF-90-221 to the Treasury Department if you have foreign accounts and Form 8938 which is new this year. You get an automatic extension until June 15 not July. If you file an extension your file date would be October 15. Also note that if you file and extension you will still own tax this is due on April 15. If you file later and owe taxes you will be penalized and have to pay interest on money owed.

Also you may still have to file a state income tax return. That depends on the state you filed taxes in last. Many states have no extension. If you want to go state tax free your best bet is setting up a residence in ...Florida or the like for a few months before moving over seas if you can do that. Check out the link.

http://americansabroad.org/issues/taxation/us-taxes-while-living-abroad-faq/

I didn't understand as the consulate web site in Ho Chis Minh City tells you exactly what forms are required and what evidence is needed for anything. For Vietnam they list a criminal background check #2 for this type of visa.

I assumed it would be the same and looked at the consulate sites in China and there is nothing posted; it doesn't even have embassy instructions. Weird. I thought I could help but I don't know.

If you file single and you are currently married the IRS is not going to come after you and your not going to jail. You just overpaid. This won't affect your petition in either case as they only want to see that you have money to support your spouse and there are plenty of reasons you may have filed single. There are many ways to go about this and many more ways if your an expat working overseas and living abroad. It depends on your situation at the time of filing. You can file single this year and refile an amended return once your wife is in the US and has an SSN if it bothers you to put NRA in that box. I've refiled returns after overpaying with no issues.

In my case I'm just going to file married filing separately just because we've only been married 5 months and put NRA in the SSN box. In my situation I'm already getting a huge foreign tax credit and I'm extremely close to being in the 330 day rule for tax exemption but I'm not sure how that works over two tax years and working in India while living in Vietnam. I might get screwed on that one. Technically I should be living and working in India for that rule but we'll see. It ain't easy being an expat employee.

When it comes to filing taxes your more likely to over pay rather than under pay if you don't file correctly. The worst that can happen is your audited. I've been audited once. I got a letter from the IRS explaining that I'm being audited. Six months later I get a letter that my audit is complete and that I overpaid 22 cents; in the same stack of mail was a Treasury check for 22 cents. That was the entire audit and I didn't have to do anything. I still have no idea how they came up with that figure; the stamp cost more.

When signing the bottom of the return you are certifying that you didn't file a bunch of bull deductions to get out of paying tax. If your married and you filed single it doesn't matter other than you paid too much. If you file married and your single plus you put down a fake name/ssn for your spouse that is a different story; you better lawyer up.

Yes, I agree. We also thought of hiring a lawyer but after researching attorney fees and the whole process, we decided that we can do it on our own with the help of VJ.

Icebryker...How did you get through the NVC in 3 days?

Does your son have his American citizenship? Birth abroad and all that? If so, it will make it that much harder for your wife to visit the US with him. They will say your husband is American, your son is American why would you go there, then return to Vietnam?

Not going to happen here in Vietnam.It's a high fraud country and MANY overstay their visa in the US. I Can tell you from first hand experience in almost the exact situation you are. However, like you said you will only be out $160, so might as well try. Let us know if it was successful.

Yes my son already has his CRBA. I live in Vietnam and my company buys my flights in and out of Vietnam, we have a rental contract on a house and bank accounts in Vietnam. Her family is there and I've actually gone fond of my mother in law.

She probably will get denied but I don't see the harm in trying. I've blown way more money than that on dumb #######.

For me doing this is more family politic's motivated.

I'm doing this to quell my sister in law (my brothers wife). She is one of those people that knows everything including visa's and travel. This comes from someone who went to Denmark once. Meanwhile my career has taken me to 40+ countries and my passport currently has 150 visa pages with all but 30 pages stamped now. I like to think I know what I'm doing when it comes to visa's although the US process is a new one for me. My sister in law keeps telling my family that I can get a tourist visa and I'm not being truthful about the length of time it takes to get the CR-1 visa. If the wife applies for the tourist visa and gets it great; if denied I can at least rub it in my sister and laws face.

I got some weird family politics at home. Actual I'd like to vent about it if I can find the right place to post. I spend time with my wife and her family I have zero stress. I wish I could say the same in the US.

That is correct. All documents must be translated into English. Your fiancee can do it if they are competent and make a statement as such on the translation. Or it can just be taken to that specializes in this. In my wife's country I just used a photo copy shop that provided translations. Notary not required.

That is correct. All documents must be translated into English. Your fiancee can do it if they are competent and make a statement as such on the translation. Or it can just be taken to that specializes in this. In my wife's country I just used a photo copy shop that provided translations. Notary not required.

Here's my take on this. The tourist visa application takes 20 minutes to fill out and costs $160. This visa is soley based on the information in the application, requested documents and interview that last 5 minutes. There is no law that you can't apply for your spouse or you can't apply with an petition for an I-130 on file.

Apply for it! If denied you're only out $160 and it is a dry run for your CR-1 or K-1 interview. Don't lie; if they ask if you have an I-130 on file tell them and make sure your spouse is prepared to show why your they will leave the US once the visa is up.

I would like my wife and my new son to visit my family while we are waiting for the I-130 petition approval. I plan on applying on a tourist visa for the wife next month. If I get denied I'm out $160. I've lost more money on worse stuff than that and it will make me feel better having tried. I don't know why people on here keep saying You Can't Do That! when it's not illegal to try. I see it here a lot on the posts. The worst they can say is denied, have a nice day.