YoungRL

People are beginning to test the extraordinary circumstances now where the Dept of State (consulate/embassy) accepts the case and approves the I-130 instead of USCIS.  I haven’t really paid a lot of attention to it or know their extraordinary circumstances. Think one was spouse getting transferred to US by his job so the British spouse wanted to come and get greencard in the process. 

As long as you stay in touch with NVC you theoretically can keep it going into perpetuity 

If you keep the petition going with NVC, you don't need to do a DCF filing as you are already filed and approved.   You also avoid the petition fee (currently $535).

My case was approved and all documents sent to the embassy and my interview was scheduled, and i found out I was pregnant and we decided we want to have baby in Ukraine and spend her first year there, and then my husband got into grad school in Italy and for next year we definitely not going back to USA.
 So for the last 2 years I email every 6 month to the embassy and they update my case, they said i can do it for as long as I want 
 

Your petition is active as long as you maintain contact with NVC at least once a year. No need to explain anything to them, just so your choice of agent and then within 12 months from that, submit something else and so on until you’re ready to proceed. 

In my case my i130 was filed with a consulate in Canada. So they sent me a letter to my address at the end of the year asking if I wanted to keep the petition alive. I never made contact and after about 2 years the petition died and my record destroyed. USCIS may have a different system and you can always call to find out. Hopefully the same thing doesn't happen to you that did to me in which the UK no longer offers DCF when the time comes to file.
 
The i130 does not technically expire because either you have a real marriage and qualify to sponsor or you don't. Make sure if your spouse moves to update the address with USCIS so any correspondence is sent to the right address.

If you want to keep your case alive at NVC for a period of time, continue to communicate with them.  Otherwise, if you ever want to continue, you'll be faced with the choice of filing an I-824 to retrieve the case or a new I-130 altogether.  As DCF the new I-130 would be the better choice.  If you're certain that's going to be you eventual choice, send a letter to USCIS "Withdrawing" your I-130, and do not communicate with NVC any further.

I completed a i130 a few years back and never took the petition any further after it got approved. I regret not keeping the i130 alive (especially after waiting nearly 10 months for it this time) which you can do by contacting USCIS on an annual basis. You will receive a letter each year. This will speed things up when you decide to move back to the US.
 
I would not bother completing the NVC process because it's extra fees and not much point. If you went through the entire process you wouldn't be able to keep the green card anyway because one of the conditions is you have to live in the US. All the things like medical, criminal check would have to get redone anyway. With NVC one of the main components is the affidavit of support which would not be carried forward as your last years taxes and job situation/salary will change. The i130 is worth keeping alive though and at least you didn't waste the fee. The form is based on whether they think your relationship is real and whether the petitioner is a citizen which shouldn't change.

You just need to ensure that you constantly keep in contact with NVC. You need to contact NVC and  explain your situation. Only they can truly guide you accordingly.  Call at 7am or late at night.

Hi,
As you mentioned, if you didn't submit the documents to NVC it will be considered abundance and the case will be administratively closed. As far as I know, there is no saving it or pausing the process and you will need to start all over again if you decided to pursue it in the future. 
The good news is, that if you maintain residency in UK (like you have a job or living there), you can submit your new I-130 through DCF (Direct Consular Filling). This is way faster than the USCIS and done from the UK consulate itself.
There should be no negative impact on any future petitions for your spouse or any other. People change their minds for a variety of reasons and it is acceptable. 
Good luck.

There is no requirement for him to indicate that he intends to work .  However, the CR-1/IR-1 will still give him authority to work upon entry to the US. 

The DS-260 is a multi-purpose form that covers all immigrant visa classes. For that reason - just like the I-130 - some questions are not really relevant to spousal applications. He doesn't have to work at all. I would just select "other" and write "undecided at this point". It will not affect his application in any way. 

Hi there, I'm sorry you're having trouble, but I'm not a lawyer or an expert so I'm not sure what advice to give you.  When they called did you give them the correct address?  I think there are change of address forms you can submit in the event that you move while in the middle of the immigration process.  Sorry I can't be of more help but I'm just a regular person going through the immigration process as well.

No problem good luck! I've asked tons of questions on here this site is super helpful. 

No state isn't required because it's a federal paper, but it doesn't really hurt anything if you include it. Just make a copy of the w2 not a big deal. I'm going through the exact same thing. 

As the person mentioned above, tax returns are perfectly okay if they are accompanied by W2s. They just want to make sure that the income you're reporting is accurate to what you actually make. 

The tax return is fine, just include your w2s as well. 

I did not know you were trying to file Married Filing Separately. Ignore my info about a statement and tax return signed by your spouse if you are not filing jointly.
 
Correct TurboTax won't say you are complete without that number. If you can get everything else correct, ignoring the error about the SSN/ITIN field and print a return, you have what you need to paper file to Austin. (I don't know if online TurboTax lets you print whenever you want to. The software version allows it) I don't see why IRS wouldn't process the ITIN then complete the ITIN field you left blank on the MFS return you mailed them. It's a return. It requires an ITIN. 
 
BUT I am almost certain that you would have a smaller tax (bigger refund?) if you filed a joint return.  And you have already done the hard part that turns people away. You got your spouse's passport and mailed it off to Austin. At least start again and try MFJ for comparison.  There is Form 2555 or 2555EZ that is for Foreign Earned Income Exclusion. TurboTax may not offer the shorter EZ version. But you are not going to pay both UK and US taxes on the same money. You report the foreign income on line 7 (added to yours), but then exclude it on Line 21 of the Form 1040. Your tax is calculated where the amount of tax the foreign income  would have been taxed is deducted off your final tax amount.  There are many threads talking about filing jointly with a foreign spouse newly arrived who had foreign income part of the year. Same thing for you but your spouse has not arrived. The way I explained may be rubbish, but I hope it helps.
 
forgot to say, the foreign income is Jan-Dec, not the UK tax year and you don't have to document with any form like a UK version of our W2. Nothing "official" reporting the foreign is required to go with it be sure to convert £ earned to $ for the TAX RETURN.

The only way to get an ITIN is to file a tax return.  You can not file for the ITIN alone without filing a tax return.
 
Your spouse must elect to be treated as a US resident when filing his tax return.  Your spouse will qualify for the Foreign Earned Income Exclusion of $100,000.  If his wages are less than $100,000, then he owes no US taxes.  Income that don't come from wages are taxable.

Typically passports always come back separately, for instance when you mail off for a renewal the new and old aren't sent back together. So maybe that is the case with the IRS and it will come in a few days. Did you send your application to Austin? You might try making some phone calls to the IRS to find out if they are holding it while you submit your tax return.
 
Meanwhile you need your spouse's signature on the election to be treated as a resident alien and on the 1040. A non-resident can't file a joint 1040 except when married to a US citizen and both give a written statement electing to be treated as a resident for tax purposes. Also if he earned any income in 2016, it must be reported on the joint return no matter if it was earned in another country. Did he have income?

The procedure is gather everything for the ITIN. Prepare your joint tax return leaving the SSN/ITIN blank. Print it. Both of you sign it. Mail everything to the center in Austin, TX. They process the ITIN, add it to your tax return, then process the tax return.  And because your wife is a non-resident alien, include at the end of your tax return a letter or statement as YoungRL described above. You both sign that as well.
 
from the IRS.gov website:
 
How do I apply for an ITIN?
Use the latest revision of Form W-7, Application for IRS Individual Taxpayer Identification Number to apply. Attach a valid federal income tax return, unless you qualify for an exception, and include your original proof of identity or copies certified by issuing agency and foreign status documents.

Because you are filing your tax return as an attachment to your ITIN application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, send your return, Form W-7 and proof of identity and foreign status documents to:

     Internal Revenue Service
     Austin Service Center
     ITIN Operation
     P.O. Box 149342
     Austin, TX 78714-9342

You may also apply using the services of an IRS-authorized Acceptance Agent or visit some key IRS Taxpayer Assistance Center in lieu of mailing your information to the IRS in Austin. Taxpayer Assistance Centers (TACs) in the United States provide in-person help with ITIN applications on an appointment basis only. The IRS's ITIN Unit in Austin issues all numbers through the mail.

This really is horrible. I agree, contact a well versed lawyer in these kind of situations and they might be able to help you. You can even try lawyers on VJ for preliminary assessment of your case. I will post a link soon if you don't know how to consult a lawyer on VJ.
 
Edit: Here it is. Click here to consult a lawyer on VJ.

This sounds truly horrible and I hope that you get a quick resolution soon. Here's what I'd recommend --
Contact an immigration lawyer immediately. They may be able to file a more formal appeal which could help your case. Reach out to your other senator and your congressperson. They may not have much more luck than your other senator, but it's worth a try. Contact the DHS Ombudsman (see link here). The Ombudsman is an employee of the Department of Homeland Security tasked with assisting people with their casework at USCIS. It would help to have a lawyer do this as the paperwork can be a bit tricky. Make an InfoPass appointment with your local USCIS office (see link here). This may yield nothing again, but sometimes face-to-face communication has led to results here for other members of VisaJourney. Good luck and let us know how it goes!

I can't even begin to imagine the frustration, disappointment and anger you might be feeling. I'm not sure if infopass appointment would help or not, because as my understanding goes, if you create infopass appointment; then your processing of application is halted until the appointment is over.
 
It's also baffling that a petition from one of the safest countries would cause this much delay. I'm really at the end of my wits here and can't think of anything else but PM one of the most experienced members/moderators who might be able to give you some pointers as to how you should proceed ahead. I'm not sure whether you have tried this approach or not and I apologize if I'm just throwing random ideas at you which you have already explored but this is the best I can think of.
 
I hope you find the solution to your predicament ASAP and your son gets to see his father soon. Our best wishes are the only thing we can offer at this point.

Have you tried involving state senator/congressman aide? They usually work out and even if nothing else, you will get the reason for delay.
 
I sincerely hope you get the approval soon. Just in case you have not contacted officials yet, click here.