Charlie_AnaLynn

My wife submitted online tonight for March 28. Wondering whether they'll use the biometrics from her removal of conditional. 

On 5/17/2017 at 5:09 PM, JessieABC said:

That is technically the wrong way to go about this, despite the fact that you will amend at a future date.

If you were married at the end of 2016, you are, legally considered "Married" for the purpose of your taxes.  You should have filed Married Filing Jointly or Married Filing Separately.  

 

You didn't need an extension.  

If she does not have an ITIN, your option would be to file Married Filing Separately which requires that you:

1. Paper file your taxes
2. Include exemption forms for not e-filing your taxes (federal, and state if applicable)
3. hand write "NRA" in the appropriate sections which ask for a SSN for your spouse

You will pay slightly higher taxes due to the adjustment in tax margin but this is the only option unless you are applying for an ITIN for her.

I agree with JessieABC that you should have filed MFJ or MFS. Everyone's situation is different but for what it is worth this was my experience on filing taxes after I got married on December 28, 2015. My wife is still in the Philippines and we are awaiting our interview:

When tax time came around in early 2016 I chose to file MFJ and had my wife fill out a W-7 to apply for the ITIN. When filing MFJ you have to include both income spouses worldwide income. Since my wife doesn't work all she had to do was sign both the Fed and State tax returns and the W-7. We also had to include two forms of identification...I sent in her birth certificate and a voter's ID for the W-7. My taxes were filed on-time but the IRS didn't like the submitted identification for the W-7. So my tax return was automatically amended to exclude my wife as an exemption and our refund was reduced as well. After 5 months, my wife finally got her updated passport with her new name and she got it certified with a red ribbon. With that certification I had her fill out another W-7 and attached the IRS letter referencing that we attempted to get an ITIN for tax year 2015. About 4 weeks later, I received the difference we were originally owed as a refund in my bank account, a letter from the IRS with my wife's ITIN, and about 2 weeks later they returned her certified copy of her passport. 

This year for the 2016 tax year, I used her ITIN on the tax returns and still MFJ, and we had no issues (Fed sent us our refund already). Once she gets here - hopefully this year - her ITIN becomes invalid once she receives the SSN.

I just want to note, I am a certified tax preparer for California and New York and I'm working on being an IRS Enrolled Agent. Make sure you go to a tax person who understands the non-resident alien and permanent resident alien tax laws. Just because they are a CPA doesn't mean they are up to date in tax law as they aren't required to have tax education to keep their CPA license.

We received our appointment email today!!! Seven days exactly from CC. Interview is for June 27. 

Wishing everyone good luck!

16 hours ago, heyusa said:

congrats! so they didnt reset your scan date?

they did reset my scan date. My original one was on December 13, 2016. After I got a checklist from the NVC and I sent in the document again, they reset my scan date to March 2, 2017.

Just checking into the best month... I got my Case Complete... finally after a second scan date due to a birth certificate issue on March 2, 2017, we got our CC 9 weeks and 6 days later. Now just awaiting the email and to be assigned an interview date!

Checking in! I got my CC today, May 9, 2017. (2nd) Scan date was March 2, 2017. Waiting for email and to be assigned an interview date for my wife (Philippines).

Today I got a CC. Finally... after 9 weeks and 6 days (2nd scan date was 3/2/2017 due to a checklist - 1st scan date was back in 12/12/2016). Attached are my screenshots and confirmed by calling NVC before they closed tonight. So relieved.

Checking in... my wife's original scan date was December 13, 2016. Got a checklist on February 26 due to a birth certificate not being the correct format. Set an original certified copy and explained it has all the required marks per the state department site and they received it on March 2. I was told at that time it would take 30 days for them to re-review our case. Two weeks later was told it will be 11 weeks. 

Nothing really I can do but pray. 

On 3/23/2017 at 7:00 AM, lunchboxthermos said:

hi all, just wanted to update y'all!

finally, after 11 weeks and 1 day, i received an email notifying me that we are in the queue for our interview date.  FINALLY an official word on our visa.  this means case complete, yes?  or is it not officially case complete until after they've sent the documents to our embassy?

Wow.. congratulations... I'm in the same boat as you but my 2nd scan date is March 3 so 11 weeks for us is end of May. I used to call twice a week to get a status but since they moved to a 11 week timeframe I don't call at all anymore. Hope I can be as patient you. Again congratulations on the CC.

17 hours ago, claudia88031 said:

may i ask what was the checklist for? thank you and good luck!! 

It was for my wife's birth certificate. They said it didn't follow the guidelines but I told them that it does (barcodes, signatures, colored-paper). So I sent them the original and explained them that it does follow the guidelines. At the time of the 2nd scan of this birth certificate which is the same one as the copy sent earlier I was informed it would take a short time like 30 days. They now tell me it may take 11 weeks. This is the only thing holding up get CC'd.

Thanks for the well wishes. Good luck to you as well. 

CR-1

Scan date: 12/13/2016

Escalated to supervisor review - 1/27/2017

Checklist: 2/28/2017

Scan of checklist item: 3/2/2017

Back in the queue...they say it make take up to 11 weeks (as of 3/20/2017) to get reviewed again

On 3/22/2017 at 9:51 AM, Mojk said:

What are the chances that a single checklist item wouldn't take 8-12 weeks to process??????????????????

That's what I got and I sent it in right away on March 2. A week later they said 30 days...maybe sooner. As of Tuesday they said 11 weeks.

Got a checklist item for a Birth Certificate because it didn't follow the correct format. Sent in the same but now original one and they received it on March 7th. Been calling twice a week (Tuesdays and Thursdays) for an update and each time they said it should be within 30 days. Just called today and they told me that as of yesterday all reviews taking 11 weeks! I'm so exhausted and frustrated and needed to vent somewhere... wife is still asleep.

Good luck everyone.

44 minutes ago, thegreatphoenix said:

Husband just called NVC and was told that our file was pulled out for review on the 27th:

Scan Date:                  12/23/16
Supervisor Review:     02/08/17
Review Department:    02/27/17

Praying for CC anytime soon! Good luck to us still waiting! 

Good luck thegreatphoenix! Hope you get your CC soon!

1 hour ago, thegreatphoenix said:

Oh gosh, this makes me nervous for my own birth certificate as well. There's only one format that the Philippine Statistics Office issues, and there are no other alternatives so I don't know what else they will look for in a new submission. Hope they accept your explanation so you can get on with the process and have an interview date. 

Yeah it is on the security paper and that is the one my wife has. It also has the PSA stamp at the upper left and the barcode on the bottom left. Signature on the bottom right. Everything that is stated to be required is there. I did some research and the only difference (and my wife confirmed) is that she was born in the province in the early 80s and it doesn't look like the ones I've seen online. 

I'm trying to remember if I sent them a black and white copy and hence they couldn't see the colored security paper. I told the operator I can only give you again the one I sent earlier but the actual certified copy. I sent it out this morning next day service to NH. 

If they don't accept this I don't know what else to do. I was with my wife when we got her birth certificates from the NSO in Quezon City. Only prayers I guess.

Checking in.
 

Scan date: December 13, 2016

Supervisor Review: January 27, 2017

Checklist: February 28, 2017 - NVC didn't like the Philippines birth certificate of my wife the bene. Sending the same certified copy explaining it has all the required markings and signatures. Even the operator was confused on why it was rejected. 

Called into NVC today (11 weeks since scan) and was told supervisor reviewed it yesterday and I have a checklist.  The operator was able to tell me that it was my wife's (the beneficiary) birth certificate missing. Once they get it will be sent for interview. I'm so frustrated. I know I prepared all 4 packets (1 for AOS, 1 for Visa App, 1 for my wife, and 1 copy for me) all identical and 5x checked everything. 

Luckily I have a certified copy here in the US that I can send out tomorrow.

Hoping and praying that it won't be another 8-12 weeks.

8 hours ago, QnzFasim said:

I was a silent observer here. My case got approved so I wanted to share it with you guys. 

 

Scan date: 12/12/2016

Supervisor rev: 1/23/2017

Document review: 1/29/2017

 

I saw the three N/A's on 2/24/2017

I called to confirm and my case is complete. 

Hang in there guys! NVC is starting to speed up with the Dec filers. 

Congratulations! My scan date is the 13th of December. Crossing fingers and toes that I get a CC soon.

2 hours ago, TeeA10 said:

Does anyone else, know that their cases are likely not completed (week 9), but still call NVC and stay on hold for 35+mins, to hear their case is on queue to be reviewed and so, no updates available? Or am i the only crazy one here?

You aren't crazy. I'm also getting the same response. I'm 10 weeks yesterday since scan date. I only call on Tuesdays and Thursdays and just check the website for the 3 N/As all other times.

I just try to stay positive knowing that other people who got their files scanned a week before mine are getting CC'd. 

Everyone's situation is different but what you state and according to the instructions for 1040NR under Green Card test you are a resident for tax purposes:

Green Card Test

You are a resident for tax purposes if you were a lawful permanent resident (immigrant) of the United States at any time during 2016, you took no steps to be treated as a resident of a foreign country under an income tax treaty, and no administrative or judicial determination of abandonment of your resident status has been made by the U.S. Citizenship and Immigration Services (USCIS) or a U.S. consular office. (Also see Dual-Status Taxpayers, later.) In most cases, you are a lawful permanent resident if the USCIS (or its predecessor organization, INS) has issued you an alien registration card, also known as a green card.

Nevertheless because this is the first time you are filing taxes here, you have foreign (i.e., non-US) income, and are considering doing MFS (married filed separately)... you really need to sit down with a tax professional to understand what is best for you.

For your first tax return together, I would go to a tax person to get it done. You might not be answering the questions correctly in the program and therefore no maximizing your refund. After the first year, and things like your income and withholdings normalize, then you guys may go back to TurboTax.   

That should be enough time. Just make sure your fiancee gets all her requirements (birth certificate, certificate of no marriage, etc) ASAP. Obtaining simple things like a birth certificate can be a lengthy and slower process than what you are used to. 

I am also a US citizen (from SoCal too) and got married to my wife in December 2015 before applying for our CR-1 in September 2016. Six months before the wedding I went back to the Philippines to celebrate my then fiancee's bday and while I was there I had an appointment to specifically get the Affidavit at the US Embassy in Manila. It is necessary to have it in order to get your marriage license. Book the appointment as soon as you can. 

Hit the 6 week mark since my scan date at the NVC last Wednesday and called them up. I waited until I got an operator - averaging 40 minutes for me when calling 2pm Pacific time. In addition to the usual questions (petitioner name, beneficiary name and birthdate) they asked if I submitted my DS-260. I always pause and that question thinking to myself it's odd question since don't they see it on their system. Anyways...they told me since it has been passed 6 weeks it will be sent to supervisor review. 

Been calling everyday since then to get a status update and noticed I'm more annoyed with waiting on hold. Hoping to get a CC soon but not getting my hopes up yet. 

By the way, I've had best chance in getting through the busy message and connected to NVC customer service by not selecting early morning or lunch breaks or dinner time. And if I do get a the "busy message" I just hang up and call again. The other day I must have redialed 20 times. I know that maybe difficult for those living outside of the US. Just wanted to share my experience.

Hello branjo! Based on the several NVC threads I have read, choosing between the last year or last three years depends on what kind of employment history you want the NVC to know. For instance, if there were employment gaps 2-3 years but stable income in the last year, then people often only send the last year's tax transcripts. If you have a consistent three years of record to show, that would be fine as well.

And that is correct--FIL files an I-864 and MIL files an I-864A.

Calling the other members of this awesome group, let me know if I am mistaken!

Good luck to you!

I concur with thegreatphoenix. I only sent in my last year's tax returns as I've been with the company I work at for 10 years and my income is sufficient enough by myself. I got a letter from my HR department that listed my annual salary, position, and hire date. It isn't necessary but thought it would be good.