Amir&Toni
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Posts posted by Amir&Toni
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20 hours ago, Jal7700 said:
one more quick question please..? if u file Separately while your Spouse outside of the country, can u still able to get tax break credit for spouse or you can't ..? i mean to ask can u claim as exemption without filling W7 or not..?
Complete form W7 and attach to your 2017 Married filing separate tax return. The IRS does allow you to take your NRA spouse as an exemption on your tax return but you must include form W7 for the TIN along with supported documents (usually passport). I also including my marriage certificate and I30 receipt notice.
IRS Publication 501 - page 11
You can claim an exemption for your spouse even if he or she is a nonresident alien. In that case, your spouse:
Must have no gross income for U.S. tax purposes, Must not be filing a return, and Must not be the dependent of another taxpayer. -
On 2/28/2018 at 9:47 AM, Tatsi said:
I don't know about the others but my interview is soon too and i wont be preparing anything for my husband. Its a CO who decides whether the applicant is qualified or not. He/ she will review the docs and ask questions. The thing is the Executive order doesnt define what is "hardship" so its hard to understand what to do.
Some people write affidavits but not sure what they put.
The thing is, rejecting a visa will be a hardship on its own coz either you are separated from your spouse or cant live in the US together.
Hope all goes well for all of us
Did you have your interview yet? What country is your fiance from?
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12 minutes ago, NJ515 said:
Hi, thanks for the reply. It seems like I'm having an issue accessing this PDF file. Does it work for you? I really look forward to seeing what the example arguments can be.
Try this one
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46 minutes ago, NJ515 said:
Do you know what qualifies someone for a waiver? It's so ambiguous when you read it. Show hardship, don't be a threat to US National Security (lol), and be in the interest of the USA to enter the country. That makes no practical sense how to determine if we qualify or not.
The NVC just shipped our documents to Frankfurt... we feel like we're just being rushed towards the denial.
Below is the actually verbiage per the proclamation, but it is very vague.
As specified in the Proclamation, consular officers may issue a visa based on a listed waiver category to nationals of countries identified in the PP on a case-by-case basis, when they determine: that issuance is in the national interest, the applicant poses no national security or public safety threat to the United States, and denial of the visa would cause undue hardship. There is no separate application for a waiver. An individual who seeks to travel to the United States should apply for a visa and disclose during the visa interview any information that might demonstrate that he or she is eligible for a waiver.
Undue hardship is very hard to prove but attached is a list from an immigration attorney of example arguments that could be made if you wanted to write your own waiver letter. You would want to include evidence to back up your arguments.
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23 hours ago, NJ515 said:
I've skimmed through this post, and it's unclear after reading so many vague thoughts, but does anyone know if they are approving K-1 visas if the fiance is from Syria? Proof of a bona fide relationship is solid for us.
They are not approving fiance or spouse visas for most of the travel ban countries unless you are able to obtain a waiver at the time of the interview. I believe these waivers are very hard to get based on the requirements per the proclamation. The supreme court is hearing the case April 25th and expected to make a decision by June. I'm praying for a good outcome.
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On 1/25/2018 at 10:07 PM, KOI said:
We got rejected!
I’m so pissed... everything was good according to the CO but the said because of the travel ban they are rejecting it! Although its in effect it clearly states you can ovverride at your discretion. So why say looks good then decline!
UGH.
I tried going in to see if I can talk to someone even to get “closure” (Im the petitioner) and they wouldn’t even let me in the Embassy as a US citizen!!
The stupid gatekeeper was a foreigner.. or definitely not born/raised in the US (by her so obvious accent)...UGH SO PISSED 😡 It felt totally like racism... I even asked to talk to an “American” since she clearly had an accent and she said no sorry too bad.
Who treats their own citizens like that, not rven allowing them into their own embassy??
anyways... We are trying to figure out next steps....
Did you try getting a waiver or did they not even give you that option?
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There is a waiver program to proclamation 9645 (Travel Ban 3.0) but I believe this is done at the Consul's office at the time of the interview. My understanding is these waivers are rarely approved but I would take a lot of documentation and try as hard as you can.
(c) Waivers. Notwithstanding the suspensions of and limitations on entry set forth in section 2 of this proclamation, a consular officer, or the Commissioner, United States Customs and Border Protection (CBP), or the Commissioner's designee, as appropriate, may, in their discretion, grant waivers on a case-by-case basis to permit the entry of foreign nationals for whom entry is otherwise suspended or limited if such foreign nationals demonstrate that waivers would be appropriate and consistent with subsections (i) through (iv) of this subsection. The Secretary of State and the Secretary of Homeland Security shall coordinate to adopt guidance addressing the circumstances in which waivers may be appropriate for foreign nationals seeking entry as immigrants or nonimmigrants.
(i) A waiver may be granted only if a foreign national demonstrates to the consular officer's or CBP official's satisfaction that:
(A) denying entry would cause the foreign national undue hardship;
(B) entry would not pose a threat to the national security or public safety of the United States; and
(C) entry would be in the national interest.
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Someone pls help
in Middle East and North Africa
Posted
Here is what I know from my sister-in-law who interviewed in Yerevan. Once you receive your interview date, email one of the Yerevan approved physicians (see attachment) . Tell them the interview date and they will schedule a time for you to come for the medical exam. It takes around 2 days for results. I would buy my ticket for one week with the option to change if needed. If the visa is approved they will keep his passport and the visa will be ready in a few days. If you go into AP, they will return the passport so he can return home and wait.
A copy of your passport is ok as long as all of his documents (passport, birth cert, police cert, military card) are originals. You might also start working on form DS-5535, because they will probably want this.
I'm not sure about the travel ban. I'm in the same situation because my husband is from Iran. From what I've seen from others who have had a K1 interview, they will put your fiance in AP pending the supreme court ruling. You might want to talk to an attorney before making travel arrangements.
Yerevan Process.pdf