travis1983

I have used some of the tools here before, but I was wondering what some of the veterans are saying...

NVC got all required documents on January 21, 2020 for my wife's spousal visa from Philippines. 

Any estimates here as to when we might expect NVC to issue an appointment?

Any estimates as to WHEN an interview may take place?

Also I will be moving (I have been in my current place for 2 years) on May 22nd to a new state and home. Should/Can my wife update this new address at the interview OR.....at the port of entry with the USCIS officers?

I do not want her to miss out on getting the greencard in a timely manner.

Thanks

2 minutes ago, Wuozopo said:

I’m curious now and want to see what my TurboTax (desktop version) asks if I create a MFS  return. Wondering if it will launch into 8958. It hasn’t in the past because we sometimes try separate vs joint to compare. That’s why I was wondering if this was new. 

it is a major pain

Just now, Wuozopo said:

It fits the masses,  but doesn’t work well for those quirky Catch 22 situations like yours. Did you use H&R last year? Is this a new form for 2019. We live in a community property state,  but haven’t  heard of this situation. 

Im going to visit them tomorrow. Last year my accountant screwed up the state return and put single, so that may have been why this was not an issue. May need to amend that,

As far as this form, I am at the point of saying screw it. It is not crucial and not even needed potentially. 

9 minutes ago, Wuozopo said:

If you assign half your income to the NRA wife, then she would be obligated to file a MFS return as well on half the income. Yet she has no SSN. If you obligate her to file, she needs an ITIN. If you go through that hassle, then you might as well elect for her to be a RA, file a joint return,  and get a better tax deal than filing two separate returns. As a NRA, she would file a 1040-NR and taxes would be even higher that on your return...taxed at a higher rate and no standard deduction allowed. Not to mention paying H&R to prepare two returns.  File a joint return and the 8958 goes away. 
 

 

it just seems bizarre that the IRS could compel a foreigner in a foreign land with no social or TIN who has never yet stepped foot in the US to file a return. God, I hate our tax system

1 minute ago, user555 said:

I'm looking at the same issue. It looks like we have to file the 8958 form and attach it to the 1040. 

Only issue is if you and I (both seasoned tax pros I am sure lol) look at the IRS rule 555 it has so many exceptions. But it would seem to me if one is regarded as an NRA...it would trump all other issues.

Hello all

Ok, so my Filipina wife is in the last states of her spousal visa debacle and hopefully will arrive this summer. 

We have never filed jointly. Always MFS. No kids.

I live in New Mexico (a community prop state) and last year filed with no issues.

This year HR Block is shoving some form 8958 community property form to me. It is for us both etc etc.

I read the IRS site and it gives some exceptions for NRA, then contradicts them.

So, in general if she is treated as a NRA for tax purposes, am I compelled to file an 8958?

Thanks

Awesome thanks! She is looking forward to the buffets ha

Oh no...I meant can I file MFJ with her *no longer MFS)  for the 2019 tax season after she gets her SSN this year?

Hello

Ok, so NVC has my wife's documents and according to everyone she should have her Manila interview in March or April.  This means I wil fly her here by May.

Now, it can take a few months to get the greencard. I have been wanting to take her on a closed loop cruise and would love to in June or July. 

I have read conflicting info. Can she go on a cruise and be allowed back into the country without any issues?

Cruise line has no clue.

Ok so my wife and I have been married for 6 years and she is overseas. I have petitioned her and she should be here in US by summer 2020 on a spousal. I have always filed MFS, as she has no TIN or SSN and it was the advice I was given. no kids.

Now, I will owe a few thousand this year but I wondered if I got an auto extension till October 15 could I wait until my wife arrives and gets her SSN and file MFJ?

Even though she was not a SSN holder in 2019?

It is about a $2000 difference, so I am checking.

Thanks

2 minutes ago, missileman said:

Only US citizens can petition for parents to immigrate to the US.

cool. so, to the rest of the question?

Ok, so I am jumping the gun, but all indications are my wife will be here in America in a few months on her 10 year perm greencard (IR).  So, she is an only child, which is uncommon in the PH, and her mom and dad are not in the best health and there are few to look after them. And yes, I am aware we can hire a nurse etc. That is not the point.

Her dad is a retired National Police Officer with a pension of about $500 + USD a month, mom  nothing.  My wife and I outright bought a house and lot, which the wife owns fully, in Metro Manila, and her parents reside there at no cost. We (I) also send a bit of money every month to help with extra costs. 

My wife and I are interested in bringing her mom and dad (about 62 years old each) to the US. What would the difference be with my wife bringing them as a perm resident vs my wife waiting 3 years until she is an American citizen and them bringing them to live in the USA?

We have also looked at a 10 year multiple entry tourist visa.

Any constructive advice is welcome in regards to bringing her parents over one way or another in regards to things such as finances, financials, etc etc.  I know of a few Filipinas who have brought parents over. 

Sorry if I am being a pain today, but could not find any good info on this.

My wife (spousal IR visa) is having her interview in the next few months in Manila (I assume). 

I am at a job and will be moving back to my home state by late May and will secure a new long term house and job. I am currently at the house/mailing on the USCIS NVC docs. 

I am concerned about a potential greencard being lost in the mail (with an upcoming move), this really concerns me, especially since they can potentially take months to print and get.

So my question is this: Lets say she has an interview in March and gets the visa. I would not fly her here until June and once I have the new  house rented.

Do I have the option to pay for and request her greencard AFTER she has arrives in the USA? By doing so, an updated and valid mailing address would be provided so no risk of the gC being lost. 

Any info appreciated

Do IR Spousal visa get a I94 stamp upon arrival in the US?

Do IR spousal visa get an I551 stamp upon arrival?

Can the I551 be used in place of a greencard to do things such as apply for jobs?

3 minutes ago, payxibka said:

About 2 months from the  document qualified notification,  which will be a couple weeks after final document submission 

Thanks. So assuming they get all docs and 2 weeks later would be lets say Feb  5th or so, it would be rational to expect an interview date of around April?

Hello All

So I should have all final documents uploaded to NVC for my wife's spousal visa from the Philippines to the US by January 21st. Just waiting on one final document.

The website seems to imply that once documents are in their possession is takes about 2 months for them to process, is this right?

So, my question is Once NVC gets all my documents in hand (and yes I have paid the fees) how long in general, assuming all documents are int heir hands by January 21, would I expect a visa interview in Manila?

thanks

Just now, payxibka said:

Try the China regional forum for this question 

Again, this is concerning the US Embassy for a Filipino citizen in Manila. It would be the same for any background check from any country.

Ok so as of now we have the State Dept letter coming and soon to submit NVC documents. My wife is Filipina and applying at the US Embassy in Manila.

The only area that concerns me is the police check. She has NO record in PH and can easily get a clean NBI or other clearances, no problem,

We are having a serious problem getting the Chinese authorities to issue her a Chinese police clearance (we lived there for 3 years).

My attorney in China has been working on this since April, and we are in the last few days of this process. 

In your experiences... if one cannot secure a police clearance from a secondary country for the US visa, but can supply evidence and a letter from an attorney explaining the reluctance of the Chinese to do so....is this usually a real problem to getting a visa?

I KNOW and have read the State Dept policy. I am asking for personal experiences.

And this is NOT a China specific question.

1 minute ago, payxibka said:

Try the China regional forum 

Thanks, but it is actually a Philippine based question.

Ok, so we have our NOA2 and just waiting on my state dept letter. My Filipina wife and I lived in China for a few years and long story short she needs to execute a power of atty and other documents....again very long story.

The Chinese Embassy (who will authenticate her documents) requires...

1. Notarized documents (no problem)

2. Regional Trial Court authentication.....THIS IS WHERE I AM CONFUSED AND HAVE FOUND LITTLE INFO ONLINE AS TO COST/TIME TAKEN/PROCEDURE

3. Dept Foreign Affairs authentication (pretty straight forward)

4. China Embassy for their little authentication procedure

Anyone ever hear of the Regional Trial Court part? I have seen it mentioned, and my Chinese atty said we need it as well.

Thanks

So my wife just got the NOA2 and her interview should be in 6 months or less from what I have read.

Right now my finances are ok. Between my day job and my side job I make about $40,000 a year gross.

However, I have a feeling I may be let go from my day job, which would drop my income down to under 20,000 gross. It would take at few months to transition to a new position. 

If I do not meet the threshold of the poverty level and do not have hordes of cash in the bank, I know I can get a cosponser.

Issue is...the cosponser, my father, is retired and gets a total pension of about 19000 a year.

--------------Are we allowed to "make up" the difference with the cosponser. Like if my income is say 5000 short of the threshold and my father still does not meet the poverty levelm can his amount still cover me? Advice? Thanks.

4 minutes ago, Loren Y said:

Doubtful. I live in the GREY area when it comes to doing taxes, but I don't see how you can swing it without proof it was used for education, or something that is deductible, and then you would need proof of the deduction being legitimate. Basically the IRS is going to consider any money you sent her as a gift, and I can't think of a way to write it off ( And I write off everything). I will run it by my tax guy, but I know I couldn't write off any money I was sending to my fiancee at the time while waiting for her to arrive on her visa. But maybe someone who has had success in doing this someway can help. I know I will be using her as a deduction next year and filing MFJ, as she has only worked part time this year and didn't make too much money.

 

 

Called my tax guy, he says NO on that. But he did send me this link for you to check out.

 

http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

Interesting, thanks. I do, however spend money on her US-online based education. Could that be deducted?

Hello

My wife is waiting on her Spousal Visa in Manila, filed in sept 2018. I am filing taxes in April and always do MFS as she has no SSN.

Question: If I still want to file MFS and she has no SSN or ITIN (no plans to obtain one)  is it possible to deduct the money I send her monthly from my tax bill?

I send about 600 a month to her. Can this be deducted?

11 minutes ago, payxibka said:

Who told you your petition will be transferred?

Nobody, That is why I am asking. 

Hi all. I submitted my wife's petition from Manila back in sept 2018. i got the nOA1, nothing else so far. It says to change address if I move. I will be at my current location---the one I filed from here in New Mexico---until June 1 2020. AFter that I am moving back east. I am under the nebraska center here. My question is...if I move BEFORE I get the noa2 or after I get it....will the government send my documents to Vermont center? Meaning...will I start all over and be put at the bottom on the pile for moving...2 years after I started the petition? (assuming it takes that long)?

Thanks