emekus94

On 1/31/2023 at 12:24 PM, Chancy said:

 

That's not how the application for ITIN works.  W7 + required documents must be submitted along with the filing of tax returns.  W7 cannot be submitted as a standalone application ahead of the tax filing.

 

If your friend wants his initial tax refunds faster, filing MFS would be the way to go.  Then he could file an amendment to MFJ later when his wife moves to the US and gets her SSN.  That's how my USC spouse and I did our taxes for 2020.

 

But if your friend wants the full refund faster, filing MFJ with W7 would be better.  Even if IRS takes around 6 months to process the W7 for ITIN and the tax returns, it would still be faster than the 9 months that IRS took to process our amendment after I got my SSN.

 

Thank you.
I don't think he cares about the refunds or timeline for it - he's pretty well off. He just wants a simpler process.
And sounds to me like amending the returns later may be easier. Less paperwork and you stick to just waiting for wife. At this rate, no idea when she's even coming 

21 hours ago, top_secret said:

 

 

 In our case in 2021 it was more like 6 months.  It is definitely not fast.  But in our case it quite literally resulted in an over $10,000 greater return filing MFJ vs MFS so it was quite worth the wait.  Of course everyone's tax situation will be unique so run the numbers both ways and see what the difference is.

For a fact jointly will always be better in their case
But I think what crazycat said might be better for now - which is just file it separate and amend it later. Then u can always get that difference back when u amend.

Because if u are right that it is 6 months for ITIN - I think my friend will rather not file for a tax extension. They rather do it now and amend later, than try to extend filing till the ITIN gets here
but I will give him his options and he and his accountant can figure it out

2 hours ago, Chancy said:

*** Moved from IR1/CR1 Process & Procedures to Tax & Finances During US Immigration, where similar topics are discussed ***

 

 

Your friend will need to submit a W7 application for ITIN for his wife, along with the required supporting documents, when he files his 2022 tax returns.  More info here -- https://www.irs.gov/individuals/how-do-i-apply-for-an-itin

 

2 hours ago, Crazy Cat said:

The foreign spouse MUST have either a Social Security number or an ITIN to file a joint return.  Otherwise, the USC can file Married-Filing Separately.

Well then
Sounds like if you file an ITIN, it can take forever (7ish weeks)
Or file separate for now.

I'll let them know. Thank you both!

Hi all-

A family friend recently married. Their spouse is still in their home country of Ghana.

Friend has already filed IR-1/CR-1 since February. They're just waiting.

Question: Clearly for taxes, friend will file "married, jointly"
but how does he go about doing this? As in - wife is still out of the country. She has no SSN. 

Is there a special form he completes? 

Just want to make sure we have some education before he hires an accountant that will mess things up. lol

*Disclaimer - I know this is not a tax forum. Just asking how people went about it because I read a while ago some horror stories with folks hiring accountants that are not well versed in immigration and things got complicated.

1 minute ago, Crazy Cat said:

At my wife's ceremony, all family members had to sit in separate "family rooms" which had the audio piped in, so I was able to hear the proceedings.   My wife said they had to have an empty seat between each of the new citizens.  In all, 1,000 new citizens were naturalized during her ceremony.  

That's so nice that you were able to watch her take such a big step in the immigration process.
I was very upset that I was not even let in for the interview. And when he was approved, I asked if I could witness the oath (as they did it the same day within a few hours) and they said no.

Am not sure if it was COVID protocols or something else.
but alas- we're done. So I am thankful I don't have any more immigrations forms in my future. lol

Thank you everyone
He already has a passport application out. He is just waiting for it

We will make sure we stay put until we have that
As I think even moving around with hid valid Nigerian passport (which he has dual citizenship) will re-permit him entry.

Just now, Crazy Cat said:

At my wife's ceremony, they were telling everyone to have the questionnaire and green card ready before we even entered the building.  Taking the green card was USCIS's  first action.  

They did not let me into the building
So I have NO idea what went down there. Hubby himself was confused a bit but it's all sorted out now. Thank you!

On 1/27/2023 at 2:31 PM, Crazy Cat said:

Postpone the travel.  US citizens must exit and enter the US via a US passport.  His Green Card is not valid.

 

I assume he had an oath ceremony and received a certificate of naturalization.  It is extremely odd that he still has a Green card.

Yes
This is correct. He had an oath ceremony and got the certificate.

Sorry for the confusion
They indeed took the green card. 

Hi Everyone-

Hubby went to his citizenship interview a month ago and passed. He's now a citizen. Yayy
We don't yet have his passport but there's a family emergency and he wants to travel ASAP (The passport won't get here on time).

My question - Is there an issue travelling with the green card when in theory, he's a citizen and should be travelling with his passport?
They didn't take the green card away so am assuming it is still valid... though I really rather not screw anything up when we have waited so long to get to the end of the immigration line.

1 hour ago, Family said:

In the USA, we believe everyone has a right to be an idiot….being a deadbeat dad will catch up to him someday. …

Some folks shouldn’t Marry, or have kids. I think these 2 fall under that bucket. 

but alas….

thanks everyone.

I’ll update if and when I hear anything about how the annulment pans out for anyone else that might find themselves in a similar boat- 

8 hours ago, Family said:

Short of past fraud , friend is set, but should fight in divorce court for dissolution and not agree to annulment. 
 

Since 2018 there is a growing number  of dé naturalization investigations and successful cases, thanks to ATLAS 

 

“From what we are able to scrutinize in terms of the end results … there is ample reason to consider ATLAS a threat to naturalized citizens.”

https://theintercept.com/2021/08/25/atlas-citizenship-denaturalization-homeland-security/

 

Yea

I read about this one time on the forum- about folks getting their naturalizations revoked which is what led us down this rabbit hole.

but as Beloved_dingo said, who knows what case she actually presents in annulment court and this whole thing can be thrown out. 

So I don’t know if the friend prefers an annulment vs divorce…

I don’t know all the particulars and I don’t think fraud per se has been mentioned. I know they have had a very tumultuous marriage till this point. 

what I do know is that The wife is seeking an annulment and on the catholic end, is Going to succeed on the ground that my friend did not have intention to uphold the sanctity of marriage with children and other things with the church. And he blatantly lied about wanting all the things that he claimed he wanted- which he is not fulfilling- (my friend isn’t supporting the wife or their son or anything like that). Supposedly, the wife have heard from some priests that she has a very strong case. 
I don’t know how this plays in American annulment court so I suppose we wait and see if she files there?

but I’ll let the friend know that so long as fraud isn’t involved, he should be okay on the immigration end? But seems best to get a divorce if he can?

Hi everyone-

Here's the situation -

A friend just got his citizenship - under the three year rule. He immigrated from Sweden.

His American wife just filed for an annulment- and from all indications, will be granted the annulment in a few shorts months.

Question: Unlike a divorce, an annulment states that a marriage NEVER occurred. My friend from Sweden immigrated on the fiancé visa, based on marriage and received his citizenship based on marriage.
If their marriage is annulled, is he on pace to be sent back to Sweden? Because by technicality, what he immigrated on (marriage), never exists? Or can he stay with the citizenship he just got?

On 10/21/2022 at 1:52 AM, Milkybar said:

Hi, have you received a welcome email from NVC? If yes then all the instructions are in that email. 

So you'll log on to the ceac site and pay for everything you see there. I'll suggest you pay one at a time and wait for them to approve payment. Then submit all necessary documents. Make sure while filing the immigrant visa application, the information you put there matches what you submitted on your i130. 

After submitting everything required of you, you just have to wait. I think it take about 2 months now to get an approval. 

If you know any WhatsApp group for cr1 in Nigeria kindly share link please.

Thanks for the reply.
no welcome email from NVC yet.

Just getting NOA2 now.
I know it takes a few days/weeks to get NVC case number and email.

If I hear of any whatsapp groups, will be sure to share. 

On 10/20/2022 at 1:25 PM, Chancy said:

 

Process flow from the official DOS website -- https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html

 

Thank you so much!
This was helpful. I already know how to bother NVC to get the case number so this narrows it out.

Hi everyone,

Would anyone that recently went through the IR/CR-1 process have some type of a guide/flowchart for the NVC process and steps to interview?

I know the general get case number, do AOS and things like that but perhaps something more streamlined?

All processes I came across on VJ seem to be from like 2014 and am a bit concerned they're outdated?

Thanks!

6 hours ago, sweetswinks said:

I logged into my USCIS this morning and saw they've mailed my Interview notice on June 3! I applied on May 18, 2022 so this was a surprise. 

I can't open the PDF of the letter though, it's giving me an error. Anyone had this issue before? 

OH MY GOODNESS! Wicked fast!
May this be the beginning of movement for all of us.
Congrats OP! Wishing you a smooth ending to the immigration journey. Keep us posted.

Hi everyone!
Joining the fun here!

Can't wait to see massive progress for us all and to end this journey once and for all

16 hours ago, Troy B said:

refer to Visa Reciprocity and Civil Documents by Country for Nigeria for the exact requirements for Nigeria.

Thank you

3 minutes ago, Boiler said:

Is this his first visit?

No
This will be his second visit

They have been dating since 2018
He was supposed to visit in 2020 before his residency began but COVID happened so here he is. He's got a tight schedule with residency so hence the urgency in my question
Because he's worried that if he also needs to make a stop at Ikoyi, he needs to figure out how to do it with his only 2 weeks visit time

27 minutes ago, Misscloud said:

Catholic marriage doesn’t mean it’s legal if it’s not together with civil marriage. 

22 minutes ago, randy32 said:

For the church to give you a valid certificate, it has to be a "registered place of marriage" (not sure if I get the phrase correct). Lots of small churches are not.

If it is, then a certificate issued there will also be registered with the registry at the state where the marriage takes place.

 

If the church is not a "registered place of marriage" then he can do a civil wedding at the registry closest to where he is. He does not have to go to Ikoyi

 

Thank you both for replying.

Let me clarify a bit-
the Catholic Church will issue him a valid certificate that is legal in Nigeria. It also will be registered with the Federal Republic of Nigeria.

The concern is that with Nigeria being a high fraud country, he's not sure if he also needs  a civil marriage for immigration purposes
but in the country, his Catholic marriage certificate will grant him all the rights of marriage as that certificate will be registered 

My Nigerian friends

@dwheels76 and all others with advice-

A friend is about to get married next month. He is an American citizen- going to Nigeria to get married.

Question: He is getting married in the catholic church. He wants to know if the marriage certificate he is getting from the catholic church suffices to file for his wife when he returns to the States. Or would he have to go to the court in Ikoyi and get a marriage certificate there.

Is his Catholic marriage certificate recognized for immigration? (I recall something saying no-- but I personally didn't do the CR-1 route and wouldn't want to give bad advice).

Thanks!

3 hours ago, Faizal said:

Hello all,

 

any updates from MSC ? 

Recieved date is November 18,2020

haven’t heard anything. 
 

 

MSC seems to also be moving along slowly
Only a few approvals

https://docs.google.com/spreadsheets/d/1b8qNTxz14bzeqOY0Pzk-F0NAWwB42Mr9ypfpwwgm1VU/edit#gid=0

23 hours ago, ROC-AL said:

I just checked our online USCIS account. It says our case got transfered to another USCIS office. We answered the RFIE and was expecting an answer to that. Does anyone have a clue why this haoppens and where it could go? Maybe our local USCIS office or a blck hole, where it can take years to reappear? They are also sending a notice to us with explenation i read. 

 

Will they send us to another interview (we did one for AOS)?

Will it be in another service center or local office?

How long could this take? We are applying for N-400 in November no matter where this lands.

 

So frustrating, any ideas?

 

RFIE issued 2/13/2021

Responded to RFIE March /2021

You're asking too many questions that only "patience" can answer. Sadly

Moving your case tends to usually result in a positive news.

Perhaps your current center is backed up and now that your RFE is replied to, they perhaps have all the info they need to adjudicate the case so you got moved

You're already applying for N-400 so all of this is irrelevant.
If it happens that you have no 10 year card by the time the N-400 rolls around, they just combine it into a dual interview. Happens all the time

Immigration is not a fast or easy process. And let's not forget that COVID might still be making some centers worse than others. so try not to let it impact you too much. 

4 hours ago, Ana&Matt said:

I randomly checked my USCIS account and saw the approval!!! 

 

March 19, 2021 Case Was Approved

March 18, 2021 We ordered your new card.

February 9, 2021 The fingerprints relating to your Form I-751 Petition to Remove Conditions on Residence, were taken.

November 20, 2020 We received your Form I-751, Petition to Remove Conditions on Residence.

 

Congratulations!
Happy to see progress for us November folks

Don't forget to update our spreadsheet if you haven't' already to help those still waiting: https://docs.google.com/spreadsheets/d/1b8qNTxz14bzeqOY0Pzk-F0NAWwB42Mr9ypfpwwgm1VU/edit#gid=0

9 hours ago, RCCC said:

My situation is same as your fd. I don't have lease agreement, mortgage, car insurance, bill, etc. I got approved.

I submitted 7 affidavits from our mutual friends, family members, and coworker.

When submitting an affidavit, don't forget to enclose copies of parent's id, and photo of couple and the parents together

4 hours ago, Sarah&Facundo said:

We submitted this because we are in the same situation where we are living at my mom's house while we save to purchase a home. My mom signed something that said we lived with her at (address) since my husband's arrival as we save for a home. This was only to prove where we live, and we also included our driver licenses to show the address. But there is also so much more to use such as health insurance, cell phone bills, car bills and insurance, joint bank accounts, joint credit cards, etc. 

@RCCC, thank you. That's reassuring
@Sarah&Facundo they have health insurance and car insurance and joint bank account. That's about it I believe
Both are under parent's phone plans and a host of other items.

Thank you both!