rin and john

Here is the most recent immigration yearbook:
http://www.dhs.gov/sites/default/files/publications/immigration-statistics/yearbook/2011/ois_yb_2011.pdf
In 2011, 1,062,040 people obtained legal permanent resident status. Of these 258,320 were spouses of USC. Of these 79,452 were new arrivals (43,421 IR1, 35,610 CR1, plus another 400 miscellaneous - self petition spouses, widows of USC, etc). I do not see a break down of how many of these 79,452 were filed first in the USA versus filed at the consulate (DCF). DCF is faster (go check the time from NOA1 to NOA2 on this site for IR1/CR1 - DCF). This left 178,868 AOS spouses from within the USA. Of these, 107,394 were CR6, 42,605 were IR6, and 23,292 were CF1 (CF1 is for K1 visa entrants). The remaining few thousand were a mixed bag.
My point is a majority of the people enter the USA and become LPRs by entering by means other than via a spouse or fiance visa. I agree with the suggestion earlier that a spouse or fiance should apply at the consulate with the State Department for a visa first and if approved enter the USA and file AOS with the Department of Homeland Security (USCIS). There were 158,500,000 admissions to the US in 2011. Granted, many of these were one person admitted several times. Many did as suggested above; apply at consulate and then are vetted for entry again by DHS at the POE. Total student visas were 1,788,962. How many of these do you think will end up as LPRs through either employment or marriage to a USC? I would bet more than the 23,292 that were CF1s.
The process for spouses and fiances is broken and could be much more efficient. It won't be fixed because it is too small of a voting block for politicians to worry about.

Fixxored.

A post I made five years ago. The numbers have changed a little, but the logic is the same.http://www.visajourn...ost__p__2602405
"The issue lies within the differences between the State Department and the Department of Homeland Security. If you are a visitor to the USA, you can enter either via a visa or the VWP, depending on the country of your citizenship. For the visa route, the State Dept issues them and, in the vast majority of cases, the DHS 'accepts' them at the POE with the knowledge that the individual is 'visiting' the USA and will 'most likely' depart (although there are some that do not!).
It is very frustrating to see a visitor get a visa issued by the State Dept in a few days (in this case from a country such as Thailand - see link);
http://travel.state....m...;x=102&y=17
and then have a spouse from the same country take six months (in my case) to over a year in recent cases. So the State Department can issue a tourist or business visa (almost 14 million in 2007) and provide preliminary security checks in an acceptable fashion for most non-immigrants. Then additional security checks are done at the POE by DHS. But the State Dept is incapable of doing the same for family based 'non-immigrants'. Why not do the K1-K4's the same way? Another 50,000 entrants added to the 14 MM is insignificant. It would free up time at USCIS for AOS processing.
Some would argue that the visitor is planning to leave and the K visa entrant is planning to stay. Agreed. But the reality is that a far greater number 'visit' the USA and subsequently apply for AOS; for these individuals it is not substantially different from entering on a non-immigrant K visa and applying for AOS.
The majority of AOS filings for spouses are for individuals who entered the USA with no intent to marry and ended up getting married and then filing AOS. Doing a little math from the attached DHS reports:
http://www.dhs.gov/x..._ni_fr_2007.pdf
Table 1
http://www.dhs.gov/x...LPR_FR_2007.pdf
Table 2
In 2007, 274,000 spouses of USC received greencards (Table 2). An additional 103,000 children of USC (must be stepchildren to have filed AOS) also received greencards.
In 2007, 38,500 fiance(e)s and children entered the USA on K-1/K-2 visas. Another 18,500 entered on K-3/K-4 visas. (Table 1).
So 57,000 entered as K-1 to K-4 and 377,000 adjusted status as a spouse or child of a USC. That's only 15% of all spouses/children entering on a K-1 to K-4 visa. Certainly there are a number of individuals that are CR-1/IR-1 and DCF, but if VJ is any indication, that number is fairly low.
So over 75% of family based immigration occurs via VWP (or other entries) followed by marriage and AOS (suggesting K visas are not the most common route to AOS).
The 'red tape' could be significantly reduced without any increased threat to national security (since the State Dept would issue visas within the same guidelines it currently uses) and little impact on immigration fraud. It would simply mean the spouse would be waiting inside the USA instead of their home country. "

Here is the most recent immigration yearbook:
http://www.dhs.gov/sites/default/files/publications/immigration-statistics/yearbook/2011/ois_yb_2011.pdf
In 2011, 1,062,040 people obtained legal permanent resident status. Of these 258,320 were spouses of USC. Of these 79,452 were new arrivals (43,421 IR1, 35,610 CR1, plus another 400 miscellaneous - self petition spouses, widows of USC, etc). I do not see a break down of how many of these 79,452 were filed first in the USA versus filed at the consulate (DCF). DCF is faster (go check the time from NOA1 to NOA2 on this site for IR1/CR1 - DCF). This left 178,868 AOS spouses from within the USA. Of these, 107,394 were CR6, 42,605 were IR6, and 23,292 were CF1 (CF1 is for K1 visa entrants). The remaining few thousand were a mixed bag.
My point is a majority of the people enter the USA and become LPRs by entering by means other than via a spouse or fiance visa. I agree with the suggestion earlier that a spouse or fiance should apply at the consulate with the State Department for a visa first and if approved enter the USA and file AOS with the Department of Homeland Security (USCIS). There were 158,500,000 admissions to the US in 2011. Granted, many of these were one person admitted several times. Many did as suggested above; apply at consulate and then are vetted for entry again by DHS at the POE. Total student visas were 1,788,962. How many of these do you think will end up as LPRs through either employment or marriage to a USC? I would bet more than the 23,292 that were CF1s.
The process for spouses and fiances is broken and could be much more efficient. It won't be fixed because it is too small of a voting block for politicians to worry about.

A post I made five years ago. The numbers have changed a little, but the logic is the same.http://www.visajourn...ost__p__2602405
"The issue lies within the differences between the State Department and the Department of Homeland Security. If you are a visitor to the USA, you can enter either via a visa or the VWP, depending on the country of your citizenship. For the visa route, the State Dept issues them and, in the vast majority of cases, the DHS 'accepts' them at the POE with the knowledge that the individual is 'visiting' the USA and will 'most likely' depart (although there are some that do not!).
It is very frustrating to see a visitor get a visa issued by the State Dept in a few days (in this case from a country such as Thailand - see link);
http://travel.state....m...;x=102&y=17
and then have a spouse from the same country take six months (in my case) to over a year in recent cases. So the State Department can issue a tourist or business visa (almost 14 million in 2007) and provide preliminary security checks in an acceptable fashion for most non-immigrants. Then additional security checks are done at the POE by DHS. But the State Dept is incapable of doing the same for family based 'non-immigrants'. Why not do the K1-K4's the same way? Another 50,000 entrants added to the 14 MM is insignificant. It would free up time at USCIS for AOS processing.
Some would argue that the visitor is planning to leave and the K visa entrant is planning to stay. Agreed. But the reality is that a far greater number 'visit' the USA and subsequently apply for AOS; for these individuals it is not substantially different from entering on a non-immigrant K visa and applying for AOS.
The majority of AOS filings for spouses are for individuals who entered the USA with no intent to marry and ended up getting married and then filing AOS. Doing a little math from the attached DHS reports:
http://www.dhs.gov/x..._ni_fr_2007.pdf
Table 1
http://www.dhs.gov/x...LPR_FR_2007.pdf
Table 2
In 2007, 274,000 spouses of USC received greencards (Table 2). An additional 103,000 children of USC (must be stepchildren to have filed AOS) also received greencards.
In 2007, 38,500 fiance(e)s and children entered the USA on K-1/K-2 visas. Another 18,500 entered on K-3/K-4 visas. (Table 1).
So 57,000 entered as K-1 to K-4 and 377,000 adjusted status as a spouse or child of a USC. That's only 15% of all spouses/children entering on a K-1 to K-4 visa. Certainly there are a number of individuals that are CR-1/IR-1 and DCF, but if VJ is any indication, that number is fairly low.
So over 75% of family based immigration occurs via VWP (or other entries) followed by marriage and AOS (suggesting K visas are not the most common route to AOS).
The 'red tape' could be significantly reduced without any increased threat to national security (since the State Dept would issue visas within the same guidelines it currently uses) and little impact on immigration fraud. It would simply mean the spouse would be waiting inside the USA instead of their home country. "

A post I made five years ago. The numbers have changed a little, but the logic is the same.http://www.visajourn...ost__p__2602405
"The issue lies within the differences between the State Department and the Department of Homeland Security. If you are a visitor to the USA, you can enter either via a visa or the VWP, depending on the country of your citizenship. For the visa route, the State Dept issues them and, in the vast majority of cases, the DHS 'accepts' them at the POE with the knowledge that the individual is 'visiting' the USA and will 'most likely' depart (although there are some that do not!).
It is very frustrating to see a visitor get a visa issued by the State Dept in a few days (in this case from a country such as Thailand - see link);
http://travel.state....m...;x=102&y=17
and then have a spouse from the same country take six months (in my case) to over a year in recent cases. So the State Department can issue a tourist or business visa (almost 14 million in 2007) and provide preliminary security checks in an acceptable fashion for most non-immigrants. Then additional security checks are done at the POE by DHS. But the State Dept is incapable of doing the same for family based 'non-immigrants'. Why not do the K1-K4's the same way? Another 50,000 entrants added to the 14 MM is insignificant. It would free up time at USCIS for AOS processing.
Some would argue that the visitor is planning to leave and the K visa entrant is planning to stay. Agreed. But the reality is that a far greater number 'visit' the USA and subsequently apply for AOS; for these individuals it is not substantially different from entering on a non-immigrant K visa and applying for AOS.
The majority of AOS filings for spouses are for individuals who entered the USA with no intent to marry and ended up getting married and then filing AOS. Doing a little math from the attached DHS reports:
http://www.dhs.gov/x..._ni_fr_2007.pdf
Table 1
http://www.dhs.gov/x...LPR_FR_2007.pdf
Table 2
In 2007, 274,000 spouses of USC received greencards (Table 2). An additional 103,000 children of USC (must be stepchildren to have filed AOS) also received greencards.
In 2007, 38,500 fiance(e)s and children entered the USA on K-1/K-2 visas. Another 18,500 entered on K-3/K-4 visas. (Table 1).
So 57,000 entered as K-1 to K-4 and 377,000 adjusted status as a spouse or child of a USC. That's only 15% of all spouses/children entering on a K-1 to K-4 visa. Certainly there are a number of individuals that are CR-1/IR-1 and DCF, but if VJ is any indication, that number is fairly low.
So over 75% of family based immigration occurs via VWP (or other entries) followed by marriage and AOS (suggesting K visas are not the most common route to AOS).
The 'red tape' could be significantly reduced without any increased threat to national security (since the State Dept would issue visas within the same guidelines it currently uses) and little impact on immigration fraud. It would simply mean the spouse would be waiting inside the USA instead of their home country. "

When Rin went to the amphur, he said it was too late in the day to give her the custody letter and if he did it he'd miss his bus and have to take a taxi. "Taxi fare" was 500 baht to get him to do the letter. Same when she went to get the children's passports. Lots of excuses, but by buying some piece of ####### memorabilia honoring the King for a few hundred baht, the wheels were greased. Prior to that, birth certificates took an extra 100 baht.

Congrats! You won't have to convert, assuming you enter the USA after February 10th (your second anniversary). If your spouse's green card is issued after you've been married two years, they get a 10 year GC. So you are done for 10 years, unless you plan to have her become a US citizen. If so, she can apply after she has her GC 3 years (actually can file tha N-400 90 days prior to 3 year GC anniversary).

Interesting that weeds will grow better, but crops will all die....
We'll have to adapt and eat weeds!

I started to go with this approach, but opted for the invisible fence and shock collar. Allows her to go out to cut the grass and clean the pool....

You cannot claim a spouse as a dependent. Go to IRS.gov and do a search for " injured spouse". You would file the following:
http://www.irs.gov/pub/irs-pdf/f8379.pdf
http://www.irs.gov/pub/irs-pdf/i8379.pdf
You may also be able to file an amended return along with form 8379 for the year you filed married filing separately.
Fill it out both ways for this year and choose whichever one gives you the greatest return. If you want to avoid the issue in the future, Reduce your withholding to the point you owe money to the IRS instead of a refund. You take home pay will increase, but you will owe The IRS the following year. Since you are wouldn't be getting a refund, the government could not garnish the return.

This is not right. As the spouse of a USC, a foreigner can elect to be treated as a resident for tax purposes even if they have never set foot in the USA. Rin and I filed married filing jointly for tax year 2006 (married October 2006) even though her first time in the USA was in April 2007.

This is not right. As the spouse of a USC, a foreigner can elect to be treated as a resident for tax purposes even if they have never set foot in the USA. Rin and I filed married filing jointly for tax year 2006 (married October 2006) even though her first time in the USA was in April 2007.

Or here,
http://arabic.morocco.usembassy.gov/ar/immigrant-visas.html

Maybe one of the Arabic country embassy websites? Found one on visas for Kuwait, but can't read Arabic!
http://arabic.kuwait.usembassy.gov/visas.html

DIFFERENTLY, you spell DIFFERENTLY... lol. It's still correct I hate being told I'm spelling "wrong". It's correct English, it's just not American. Usually they're arrogant about it which is when it bugs me. If it's a "whoops that's Australian spelling!" that's fine, but I've been corrected in the most rude ways! In fact I've actually been told the word "learnt" was wrong and doesn't exist. I had to google it to prove the word existed but was just British English.
I too was good at spelling until I came here now I'm easy confused about what words I should be using and how to spell certain words. When I was working (not at the moment) I would stumble over words because I would realise/think mid-sentence "what if that words not American?" so I just got confused. It was really irritating

I was amazed that I didn't get an RFE from the USCIS when they were adjudicating my I-129F. The reason I was amazed was because none of the tick-mark boxes on my I-129F were ticked. None of them. Yet my I-129F was approved and made it all the way to the Embassy where the consular officer issued a 221g to Chinook. The interesting thing about the 221g is that the consular officer only cared about one box not being ticked, and didn't care about the rest of the unticked boxes.
So, I guess anything can happen, even an I-864EZ getting approved when an I-864 should have been used. After all, as one poster pointed out, they are nearly the same form. In the end, it's up to the USCIS.
However, I'm left wondering why anyone would think they should not use the I-864.
These DOS instructions are very clear to me:
"The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage."
These USCIS instructions also are clear me:
"Supporting Evidence for the Form I-485
You should submit all of the following evidence and documentation with your application:
Two passport-style photos
Form G-325A, Biographic Information
Copy of your government issued photo identification
Copy of your birth certificate
Copy of passport page with nonimmigrant visa
Copy of passport page with admission (entry) or parole stamp
Form I-94, Admission/Departure Record
Evidence of your marriage to the U.S. citizen within 90 days (for K-1s)
Form I-693, Report of Medical Examination and Vaccination Record, if applicable
Form I-864, Affidavit of Support
Copy of approved Form I-130 or Form I-797, Notice of Action, if Form I-130 is pending (if K-3 or K-4)
Copies of any other approved application or waiver you have had in relation with your application for K status (Approved Form I-129F, Form I-601, Application for Waiver of Excludability, etc.)
Applicable filing fees"

This will work if they also file a W-7 requesting an ITIN.
Claiming a dependent without an SSN or an ITIN runs the risk of the dependent exemption being disallowed:
http://www.irs.gov/f...=199714,00.html
Attaching the letter from the SSA to the W-7 allows the IRS to issue an ITIN for the K2 holder. The W-7 is filed along with the tax return (both are sent to a different office in Austin, TX). The IRS issues the ITIN and then forwards the return for processing.
http://www.irs.gov/individuals/article/0,,id=222209,00.html
Alternatively, if the file for AOS and EAD shortly after getting married, they should have the EAD before April 15th. They could then get the SSN using the EAD for the K2 holder and subsequently file taxes without the W-7.

How soon after marriage are you planning to file for AOS? At the time of AOS filing, you can submit an EAD application for both your wife and stepchild. Once you have the EAD, then you can get a social security number for the child. This may be faster than filing for an ITIN. When we filed for an ITIN, it took an additional 8 - 10 weeks to process our return (no e-file, have to send return and the W-7 to Dallas, they process the W-7 and then forward the return for processing). So if you are filing for AOS right after marriage, the EAD should be less than two months after that.

Either your husband or his parents need to amend; up to them to decide. Those who say your husband was not a full time student are wrong. The IRS definition for a full time student is:
"Full-time student. You are a full-time student if, during some part of each of 5 calendar months (not necessarily consecutive) during the calendar year, you are either:

A full-time student at a school that has a regular teaching staff, course of study, and regularly enrolled body of students in attendance, or A student taking a full-time, on-farm training course given by either a school that has a regular teaching staff, course of study, and regularly enrolled body of students in attendance, or a state, county, or local government. You are a full-time student if you are enrolled for the number of hours or courses the school considers to be full-time. "
So if he attended full time from Jan to May, he qualified as a full time student for 2010.
So for your OP, 1 and 2 are true; 3 is true as time spent at school (even if living away from home) counts toward the living at home - include with Oct to Dec he spent eight months with his parents;
4 is potentially true and highly subjective as support can include a myriad of items - room, board, etc. If his parents paid for his schooling, room and board, etc then they can claim him and the IRS would never question who provided more of his support. Item 5 is simply that if your parents claim you as a dependent and take your exemption, then you cannot file "married filing jointly" since this requires you to use your personal exemption. Since you were not married in 2010, this was never an option.
Assuming his relationship is good with his parents, modify whichever return yields the least amount being paid back to the IRS. I have two daughters that are now 22 and 24 years old. Each of the past six years (since the first finished HS), I have calculated my tax returns and theirs both ways (me claiming them or they claim themselves). Since I am in a much higher tax bracket, if I claim them my return is typically $1,000 to $2,000 better; however, by not claiming themselves theirs is usually $300 to $400 worse. I claim them, then give them the difference. Essentially, calculate the returns both ways to determine how to jointly pay the least amount of tax to the government and afterwards decided how it is divided amongst the child and parents.

Without details, can only do a "simplified" comparison:
Dad (assuming married filing jointly)
Income: $40K
Std Ded: $11,6K
Exemptions: 5 x $3,700 = $18.5K
Taxable income = $9.9K
Tax on $9.9K (for MFJ)= $998
If exemptions reduced to 4;
Exemptions: 4 x $3,700 = $14.8K
Taxable income = $13.6K
Tax on $13.6K = $1,378K
So Dad would owe IRS an extra $380 if your husband claimed himself. Changing the income above to $35K with a taxable income closer to $5K for 5 dependents and $8.7K for 4 dependents only changes the extra owed from $380 to $370.
Husband (filing single):
Income: $20K
Std Ded: $5.8K
Exemptions: 1 x $3,700 = $3.7K
Taxable income = $10.5K
Tax on $10.5K (for Single)= $1,153
If exemption reduced to 0;
Exemptions: 0 x $3,700 = $0
Taxable income = $14.2K
Tax on $14.2K = $1,708
So your husband would owe $555 if he modified his return to zero exemptions.
However, this is SIMPLIFIED. Other items like whether they itemized or used standard deductions, school tuition credits, american opportunity credit, etc would change the calculations. The best thing to do is calculate it both ways (as suggested before). In all likelihood, Dad changing his return would cost less.

Without details, can only do a "simplified" comparison:
Dad (assuming married filing jointly)
Income: $40K
Std Ded: $11,6K
Exemptions: 5 x $3,700 = $18.5K
Taxable income = $9.9K
Tax on $9.9K (for MFJ)= $998
If exemptions reduced to 4;
Exemptions: 4 x $3,700 = $14.8K
Taxable income = $13.6K
Tax on $13.6K = $1,378K
So Dad would owe IRS an extra $380 if your husband claimed himself. Changing the income above to $35K with a taxable income closer to $5K for 5 dependents and $8.7K for 4 dependents only changes the extra owed from $380 to $370.
Husband (filing single):
Income: $20K
Std Ded: $5.8K
Exemptions: 1 x $3,700 = $3.7K
Taxable income = $10.5K
Tax on $10.5K (for Single)= $1,153
If exemption reduced to 0;
Exemptions: 0 x $3,700 = $0
Taxable income = $14.2K
Tax on $14.2K = $1,708
So your husband would owe $555 if he modified his return to zero exemptions.
However, this is SIMPLIFIED. Other items like whether they itemized or used standard deductions, school tuition credits, american opportunity credit, etc would change the calculations. The best thing to do is calculate it both ways (as suggested before). In all likelihood, Dad changing his return would cost less.

Either your husband or his parents need to amend; up to them to decide. Those who say your husband was not a full time student are wrong. The IRS definition for a full time student is:
"Full-time student. You are a full-time student if, during some part of each of 5 calendar months (not necessarily consecutive) during the calendar year, you are either:

A full-time student at a school that has a regular teaching staff, course of study, and regularly enrolled body of students in attendance, or A student taking a full-time, on-farm training course given by either a school that has a regular teaching staff, course of study, and regularly enrolled body of students in attendance, or a state, county, or local government. You are a full-time student if you are enrolled for the number of hours or courses the school considers to be full-time. "
So if he attended full time from Jan to May, he qualified as a full time student for 2010.
So for your OP, 1 and 2 are true; 3 is true as time spent at school (even if living away from home) counts toward the living at home - include with Oct to Dec he spent eight months with his parents;
4 is potentially true and highly subjective as support can include a myriad of items - room, board, etc. If his parents paid for his schooling, room and board, etc then they can claim him and the IRS would never question who provided more of his support. Item 5 is simply that if your parents claim you as a dependent and take your exemption, then you cannot file "married filing jointly" since this requires you to use your personal exemption. Since you were not married in 2010, this was never an option.
Assuming his relationship is good with his parents, modify whichever return yields the least amount being paid back to the IRS. I have two daughters that are now 22 and 24 years old. Each of the past six years (since the first finished HS), I have calculated my tax returns and theirs both ways (me claiming them or they claim themselves). Since I am in a much higher tax bracket, if I claim them my return is typically $1,000 to $2,000 better; however, by not claiming themselves theirs is usually $300 to $400 worse. I claim them, then give them the difference. Essentially, calculate the returns both ways to determine how to jointly pay the least amount of tax to the government and afterwards decided how it is divided amongst the child and parents.

I provided my pay stubs along with a letter from my HR department stating I was an employee in good standing, time with company, time in current position, and annual income. I'd request proof of income from your company's HR department.

So your wife thinks your a lady?
Man to lady => Pom rak khun
Lady to man => Chan rak khun