asisflyer

http://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/RefusalRates/FY14.pdf

Brazil has 3.2% Adjusted Refusal Rate for B visas. This is among the lowest 5% of countries for denials.

Let her go back and try again but with more documentation of ties to Brazil.

#1. Pension, Retirement Savings, Small Business, Job, etc.

#2. Land ownership . etc.

Perhaps also try with a true Touristic Itinerary - Disneyland, reservations at better hotels, etc. etc. and conform more to a true touristic journey moreso than a social visit. Tourists often fit the pattern of touristic activities.

I might also suggest that she consider a GROUP TOUR to the U.S. for the first trip OR travel with a family group among whom one or more have better profile of ties.

Beyond this, does she have special skills ? educational background? professional conferences to attend ? etc.

It appears Phoenix AOS interviews are much delayed in 2015 vs. 2014 timing.. but with few timelines to reference.

If anyone with Phoenix AOS, please update your timeline or add to this thread.

I see no 2015 data on concurrent filers and and only a few examples of 2015 K-1 AOS which appear to be 5 - 5.5 months from receipt.

If you elect for NRA spouse to be considered as RESIDENT FOR TAX PURPOSES.. He/She can still elect for the FEI but only with 330 physical presence test.

The US citizen would use bona fide or 330 day physical presence, whichever is most appropriate.

(resident alien cannot file as bona fide unless there is a tax treaty with the resident alien country and a few other things that are beyond my understanding)

Again this only applies to earned income of each party separately. you attach multiple 2555 or 2555ez to return. one for each.

Read the publications on aliens and form 2555

If you late file with 2555 (FEI) election. you need to put a special note written on top of the 1040 that cites the statute that allows a late election if you do not owe any net income.

don't see why you desire the complication of the retro-active election to be deemed resident vs. just amending single to MFS and showing spouse name on return appropriately.

why don't you just consider amending to MFS with NRA spouse and then list the spouse name. OR use the social of the NRA spouse and take the exemption also.

do you have some other goal behind the MFJ/Resident desire? Are you trying to take an Earned Income Credit cheque back from prior years or something?

Has anyone here applied for a I-131 RE-ENTRY PERMIT immediately after AOS interview approval stateside ???

Do you have to wait for the Biometrics stateside ??? or can you use an overseas USCIS office for I-131 biometrics?

anyone with any experience with this?

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I think most ACA policies will cover oversees but they may be at higher rate.

A pregnancy will trigger a speical enrollment. She needs to go to helthcare.gov review the information and/speak to a representative. If she does not get good answers from the reps, I would recommend that she reach out to a relative in GA to help her find what is called a health care navigator in her home state to give hopefully better answers.

Its not inexpensive even with Obamacare the deductibles are high as are the co-payments but you may qualify for assistance or maybe even Medicaid?? Best thing to do is go to the website. If this does not work, please send me a private msg on here and I can see if I can help I work in health care for over 15 years doing policy work and have contacts that I could ask and get you on the correct tract.

If you guys come back stateside just go to the healthcare.gove site and prob less complicated of an issue but I think you can enroll overseas as well.

1. ACA Healthcare.gov access federal exchanges (or referral to state exchanges).. no expat policies.. most state policies have Emergency International coverage only to meet the QHP standard of the ACA.

2. CR1/IR1 is not LPR until they stamp in to process this --- LPR is valid status for applying as-is AOS to LPR, .. arrive first.

3. Pregnancy is NOT a Special Enrollment Period. After delivering, the BIRTH will constitute a special enrollment for adding the child. The recent grant of LPR is a special enrollment as will be their move to Georgia if they have not done so already. Since the US Citizen and LPR spouse are applying together, the change in immigration status would prevail on the group. Either way though, it seems they are just moving in which also grants 60 days.

Please read her full thread and the I-864 instructions: She filed multiple years LATE -- I-864 instructions call for transcripts in that instance.

1. If returns are filed late, the instruction do say TRANSCRIPT. If on time, then copies. OP suggested multiple late years. That being said, there are stories here of USCIS accepting the returns with the I-864 and also of RFEs going out for transcripts. (which you'll get, Cannot say).... Several people have had luck walking their returns to a local or nearby overseas IRS facility (perhaps IRS liaison at consulate even) and letting them stamp a 2nd copy as received.... the stamped copy holds more weight than photocopy and proof of delivery.

2. IRS quotes 6 weeks for paper transcripts ( 2 week e-file) but has been known to take months also.

3. IRS quotes 10 calendar days for 4506T and for Website by Mail, but again, often this takes much longer. Faster alternatives can sometimes include BULK service providers who advertise.

4. Remember that you can start the clock by filing with your copies and then if you do get an RFE, you can try to stall out for the transcripts if need be. Just keep an eye on the time pressures.

Also RE: Online Transcript --- has a hard time matching some foreign addresses.... and uses Credit Bureau for supplemental security questions..

if you've been overseas awhile, you might find yourself unable to get through it....... and wind up 4506 T .

https://www.healthcare.gov/this is the government healthcare website. I dont know if they'll accept a pregnancy, maybe they will as a pre-existing condition? Maybe call them and ask. Congrats!

All ACA policies cannot have pre-existing conditions of any sort.

The issue for them on the healthcare.gov other than price is OPEN ENROLLMENT PERIOD. The main period closed out, they need a SPECIAL ENROLLMENT PERIOD to qualify now to enter to exchange pool.

That's why I'd asked about job, relocation, change of income, etc. And now open enrollment may be extended for those with coverage tax penalty in prior year who just learned about it.

1. What is your household income for 2015 anticipated? current income this month ?

2. What state are you in ?

3. Do you have a health plan available to you via your employer(s) - at what price?

4. Are you going to file Joint Returns in 2015 ?

5. Have you recently moved? got a new job? had an income change? changed immigration status? etc. in the last 60 days ?

6.. Has the U.S. citizen just become aware of the requirement for having health care coverage when doing her tax return?

7. Any other earners in the same residence????

Depending on US Citizen household income: potentially Medicaid for the US Citizen (often special pregnancy thresholds)

( emergency Medicaid is a different topic than regular Medicaid)

If income too high for Medicaid for US Citizen, then Healthcare.gov / Obamacare with or without Tax/Credit or Out-of-Pocket Reductions based on the questionnaire.

not all refundable tax credits require that he earns anything..

QUICK SUMMARY: The Answers You Want - YES TO INSURANCE - AVOID Mandate issue via MFS NRA filing for 2014.

1. 797-C Receipt Notice for I-765 and/or I-1485 is sufficient for Healthcare.gov --- Apply online and then upload the forms as documentation later. Note in their text that a valid immigration status for Healthcare.gov is APPLIED FOR/PENDING ADJUSTMENT OF STATUS. Later on, the special mixed status department will review and approve.

1. You husband is a Non-Resident Alien until he meets either: GREEN CARD TEST or PHYSICAL PRESENCE TEST. (As written previously) Green Card test reverts to Jan 1 of calendar year of approval. Thus is 2014 DOES NOT MEET GREEN CARD TEST. Physical Presence is a calculation. If you meet the text, you can DUAL STATUS TAXPAYER - (NonResident partial year and Resident Partial year return). Unless your husband spent a lot of time in U.S. on another visa type, most likely you do not meet substantial presence. THUS HUSBAND IS VERY LIKELY A NON-RESIDENT ALIEN in 2014.

2. Non-Resident Aliens are NOT required to filed a return unless they meet standard for U.S. derived income OR unless your CHOOSE TO CLASSIFY THEM AS RESIDENT FOR TAX PURPOSES. Even if you file NRA, You still write in Spouse' Name on return. Nevermind the interview. ACA/OBAMACARE exemption is not required for Non Resident Alien.

Thus he is NRA in 2014. After you have I-797c for I-485 AOS, you can apply on healthcare.gov.

problems solved right?

Yes, until you are an LPR you will need a visa to visit Mexico.

Any VALID United States Visa is honored for Mexico tourist entry according to their government ( not just LPR ---- you might be confusing CANADA with MEXICO)

So I think this comes down to the OP's actual story.

What US VISAS are in his passport and are they past expiry.

I will buy a brand new Rolls Royce motor car when I get in as a present for my fiancé.

Don't be cheap!!!

NetJets or Flexjets 250 hour fractional ownership plan. No small or midsize jets either. Hoi Polloi in their Lear 45 and 60 thinking they are fancy folks.

Of course, people will look down on you for not owning your own large jet and not employing your own pilot !!!

And buy a prepaid coupon book for time-share Heli runs - NYC to Hamptons - really convenient.

Even without the federal stay in consideration, the DAPA side was not even scheduled until May anyway. Even if the stay was lifted, the DAPA side would not start this quick, especially since the admission that planning had stopped for it.

At Senate Judiciary Subcommittee, USCIS executives advised that even the DAPA forms were not finished yet.

EB-5 are processing pretty slow there also.

What about a Treaty Trader visa?

Curious - are there other Expats returning back stateside who had difficulty adjusting back?

I had heard of the 'you can't adjust back after 6 years tale' but also stories of expats out for 25 years coming back.

How long does it take to adjust back ?

PDF page 7.

I-130 for Immediate Relative -- 2012 DACA was not a priority------ 2014 it was to be -- good news there.

I-129F for Fiance - not a priority in 2012 and nor in 2014... some many of this board who are headed for K-1 may be disappointed if DACA/DAPA proceeds.

I-485 Family .. in 2012 was not priority during DACA..... in 2014.. seems it was meant to be..

Still I listened to the full 3+ hours of the Senate Judiciary Subcomittee testimony that day and I thought they squirmed around it. This written document seems to have some deviations versus what was actually said,

so perhaps they have written prepared remarks and then ad libbed some changes in their testimony.

Federal marketplace will accept NOA (797c receipt) for I-485 or NOA (797c receipt) for I-765 for qualification purposes if you do not apply for a tax credit ( manually say no tax credit sought or say married filing separately so you don't qualify for it).

You said husband arrived October 2014 on K-1. You said EAD last week in 2015. So with no green card in 2014, substantial presence test applies for 2014. Oct, Nov, Dec around 90 days + 2014(days) + (2013 days / 3) + (2012 days / 6) .. is it greater than 183 ? If not and no green card in 2014, then he is NON RESIDENT ALIEN in CY'2014. You could file Married Filing Separately. List spouse name in name section (USCIS will expect it there). For social of husband, write in NRA. (Note than this prevents electronic filing and NRA is normal procedure but not supported in efiling systems).

Alternatively, as was referred to above, you can elect to make him a resident for tax purposes. Be ready for what that entails as his worldwide 2014 income would then have to be disclosed on the return. For many, this is not worth it.

Remember that as far as exemptions go, all parties claimed as exemptions must have SSN.

Good luck.

You may also want to consider whether your technology skills are suitable for O2 Talent based visa.

Damn it... ICE was told to deliver the lobster tails garnished with Beluga to the illegals ..... and I have hotline reports that they only had drawn butter on their lobster tails. Some even suggested it was rock lobster and not Maine.

SO.. Its time to VETO ANY NEW LAW that does not contain UNLIMITED LOBSTER TAILS FOR DACA riders..... and if the government shuts down.. its those Republicans fault for not addressing the moral imperative for DACA SEAFOOD needs.

Technically only directly hits the subsidy on the policies (Tax Credit on Premium and Silver Plan out of pocket reduction) . Many self employed and others do not take any subsidy but use the full priced marketplace plans. I don't know the breakout of subsidized versus unsubsidized marketplace plans without their own state exchange.

That being said, if the subsidized members cannot pay the full premiums in the event of finding, then the population of the exchanges would become much lower and they could become insolvent and potentially unable to handle claims from those who are paying.

Alas. Another strike in the face of those who do pay..... the evil 35% percenters ..

The article said they paid around 4,000 for delivery. While the cash price might have been 5x higher, this is not far from the Medicaid contract allowable in CA for natural delivery --- so the hospital should be happy to get the 4k cash

Later on, these kids will pay income on Chinese earnings. A bonus.

A giant improvement over illegals using Emergency Medicaid for Delivery to hurt the system ( lose 4k) , putting less into local economies vs. these groups who then later bringing tax revenue on offshore earnings.

DON'T YOU CHINESE GET IT???? ANCHOR BABY is RESERVED for south of the border.....

OUTREACH TO CONGRESS YIELDED QUESTIONS IN OUR INTERESTS (I listened to all 3 hours)

Senator Cruz received communications about Legal before Illegal petitions and about the DACA AP game which would make DACA inspected admission and then those with Family/Employer based support for AOS to LPR could ------- this could be 3 - 5 million additional persons. This versus 500,000 AOS processed currently per the Associate Director of Field Directorate Mr. Renaud in testimony. HOW MANY YEARS WILL YOU WAIT FOR AOS IN 2016 ???????????

Senator Tillis about no name checks on DACA applications. LPR has Name Check with derivate re-verification of alternative names.

Senator Sessions received copies of the Legal before Illegal petitions with associated backlog findings.

Senator Sessions points out the Affidavit and Fake Document game with DACA. No field support. No cross-verification support. New hires. An impossibility for responsible implementation

MOST IMPORTANTLY: 3 Total Staff at Crystal City online... without the stay, the workload have would crushed the other departments.

ANOTHER POINT: OUTREACH WORKS

Again, outreach to these Members resulted in representation of some of the common concerns of persons in the legal immigrant community.

Furthering the point, we all must write more letters and continue the outreach.

Senator Sessions:

326 Russell Senate Office Building
Washington, DC 20510
Main: (202) 224-4124
Fax: (202) 224-3149

Senator Cruz:

(202) 224-5922
Dirksen Senate Office Bldg
Suite 185
Washington, DC 20510

Senator Tillis

G55 Dirksen Senate Office Building
Washington, DC 20510
Phone: (202) 224-6342
Fax: (202) 228-2563

Next thing you know pharmacists will refuse to fill out prescriptions for birth control pills, based on their religious beliefs as well...

Non-Muslim pharmacist might have had pork for lunch. Must have dedicated line for Muslims so only Muslim pharmacy tech and pharmacist fill order.

What happens is every religion's orthodoxy begin to bring cases such as these:

1. Employer made me work on Sunday ?

2. Pork residue on headset at call center from the last pork eaters.

3. You allowed unmarried non-virgins in the same school with my child. Better make separate classrooms for all unmarried sinners.