49 minutes ago, Gabriel5454 said:

Regarding two, your father does not need an ITIN/SSN for your mother to file taxes as MFS.  See here for more info.  In particular it says:

 

Note that if she does choose MFS then she may more in taxes.  In our case it was the difference of a few thousand, it may be more or less in your case, but for almost everyone MFJ will save money.

 

The IRS requirements for certified copies are very strict.  My spouse had to go to the US Embassy to make a certified copy there.  This would be done by the notarial division there.  The process was fairly straightforward and cost $50.  Only issue is the inconvenience of having to travel if the embassy is far away.  Then your mother would send this certified copy, the application for ITIN, and your mother's tax returns to the IRS in one file.  First they will process the ITIN application, then her tax return.  It may take a very long time (think months) but it will get done.  Also, since your father is not a permanent resident, your mother will have to also attach a brief letter stating that her spouse is not a resident for taxes purposes but wishes to be treated as such.  Without this election she technically cannot file in the MFJ status.  For more information see here.  Also the W7 instructions are here.  Note that full packet (return + W7 + certified copy of passport) must be sent to the ITIN office and not the usual address that returns are sent to (see the instructions for the full details).

 

Note, I think this reflects a misunderstanding in your original post, the ITIN application (W7) is filed together with the return, because he cannot apply for an ITIN without a reason (the reason in this case being he is married to an LPR who is filing a joint return).

 

Hope that helps!

This is a very detailed and awesome response which I greatly appreciate. Mom was proactive and got my father's passport apostilled so if needed she can send a certified copy. I will look into your post in great detail including the links and relay the info to her. She can then choose how she wants to file depending on tax obligation.

Much appreciated! Thank you!

On 6/4/2024 at 2:23 PM, TVQT1993 said:

We got her passport back promptly. Timeline:

 

1/23/2023: Mailed package to IRS ITIN processing center in Austin Texas via USPS certified mail. Package included Form 1040 married filing jointly (With my SSN as primary, and her SSN/ITIN field blank), a statement that we are making an election under IRC 6013(g) to treat my wife as a resident alien for the purpose of our U.S. tax return, Form W-7 applying for ITIN, and her foreign passport.

 

1/27/2023: Package received and signed for by IRS Austin.

 

3/8/2023: Received Notice CP565, dated 3/3, assigning my wife an ITIN.

 

3/13/2023: Received Notice 14433 Return of Documents and her passport back.

 

4/6/2023: IRS transcripts showed our Form 1040 was posted. Refund was approved and scheduled to go out on 4/13.

Wait, so you can mail the actual tax paperwork 1040 and also W-7 all at once and they accept it?

Hi All - It has been a while. Back for some advice.

My mother got her GC last year. My father lives in my home country (mom goes back and forth) and is a non-resident alien. There are a few things I'd like to ask:

1) I understand that my father needs to get an ITIN through W7 form and mail it to the IRS. How long does it take to get ITIN after W7 gets delivered? IRS instructions ask for certified copies of supporting documents... What substitutes a certified copy? For example if he submits a photocopy of his passport what kind of certification does it need?

2) My understanding is that my mother (LPR) and father (non-resident alien) can:

• Elect to file MFJ in which case my father will be considered a resident for tax purposes.
• Elect to file MFS. I think father will still need an ITIN, but will he have to file anything or will my mother have to declare any of his income?
• Elect to file as HOH which she does not qualify for.

MFS filing seems to be the best option for them but I want to ensure they understand and know all there is to know. 

I would appreciate anyone who can chime in who just went through something similar.

Thanks.

6 hours ago, Vickys_Mom said:

Check and see if your conditional green card expiration has been extended.  If so, you need the letter that extends it.  If you have the extension letter and your green card you're good both ways.

 

One of your concerns will be the airlines.  They sometimes get hung up on six months..."you have to have at least six months left on your passport", etc.  Your travel may be legal with respect to the U.S. Customs and Border Protection, but people at the airlines tend to be risk-averse and may not understand.  Even worse, the airline people in the U.S. might understand but their employees or contractors at the foreign airport might not.  (Don't take it personally.  If they let you travel and you're not legal for entry they get penalized.)

 

My mother in law has a 10-year green card.  She's been here less than a year now.  Her Global Entry application is still "Pending Review" after two months.  I believe this is still within normal processing time.  I have no reason to believe she will be rejected.  You might not get a Global Entry card before November even if you start now.  And the GE application specifically asks for the expiration of your green card, so you might have to wait until it's renewed.  (The TTP people *should* understand how an extension letter works.  That doesn't mean they will.)

 

Regards,

Vicky's Mom

 

 

 

 

That is crazy. All of my family members including myself got conditional approval for GE in 2 days time. My mother who became an LPR on 7/13 applied and got hers the same day. 

USCIS does not concern itself with family issues. If you have clear evidence of the fraudulent marriage for obtaining immigration documents then you should by all means report this to the officials and hope for the best, otherwise you will spend time and energy for nothing. If he already has his green card this means that you provided a ton of evidence to prove your relationship is genuine. People divorce all the time. 

I am sorry that you are going through this. Things get better over time. Please, do not waste your energy on revenge UNLESS again you have clear evidence of fraud. Good luck!

PD 1/22/2024. Concurrent filing from within the US.

EAD approved on 3/1

AP approved on 4/10

I-130 approved on 6/13

I-485 approved on 7/15

No lawyer and no RFEs.

PD 1/22/2024. Concurrent filing from within the US.

EAD approved on 3/1

AP approved on 4/10

I-130 approved on 6/13

I-485 approved on 7/15

No lawyer and no RFEs.

6 hours ago, OldUser said:

Yes, re-enter as soon as possible. The longer you wait, the trickier re-entry may be.

Thanks for sharing! This won't be needed as the approval came literally few hours after the post. I-485 was approved.

Hi All,

If someone is traveling on AP and gets their GC approved in the meantime is there a timeline they must come back and enter with the GC or can they remain away at that point for 5-6 months?

15 hours ago, Nash.Thompson said:

Instead of nagging about the processing time and how unlucky my timeline is with all the happenings in the world, it's been 5.5 years between i129f and as of today i'm eligible for citizenship, meaning applying and another 6-12-24 months of waiting to be in a limbo of maybe after burning every bridge selling everything i had etc and basically no turning back, but some random office clerk can still have a bad day and say bye.. ok that was nagging i'm sorry i'm frustrated. we don't want to have kids, don't want to invest in a jointly owned property or anything that needs to be reverted in case of a bad decision. and that was it. so here is what i'm really here for

 

i'm waiting for my removal of conditions since a year, uscis website saying we're actively reviewing (speaking of the mills of god), so my question is if we wait for a little longer ie until my initial 2yr green card expires, how likely that they'll issue a 10yr unconditional without an interview? i got the notice of a 48mo expansion so it does not per say expire.

 

we just want the least of stress for both of us. so if i get the conditions removed without an interview we can start planning our life, get our real life started kids, house, whatnot, then after xyz years i apply for citizenship by myself and no one will question our love anymore. or there will 100% for sure be an interview with my wife before anything else happens? we have 0 issues with anything everything is by the book, no lies, no fake data, no domestic violence we didn't even get a parking ticket in our lives and submitted massive evidence (other than joint property and kids) of our relationship. probably irrelevant but i'm an engineer so contributing towards the tax bucket more than my wife does.

 

please don't quote the law/rules word by word, i know them better than i ever wanted, i'd like to hear actual possibilities outcomes and a 'plan' of any kind to go on with to avoid talking to someone who can destroy a family on the making.

like if to just ask for a combined interview because that'd be the fastest, or to wait, or to do whatever needs to be done.

thank you

Unless you have a reason as to why USCIS will deny your petition then I see absolutely no reason as to why you put family things on hold. Especially that you are already a resident even though conditional. Unless you have something in your background that could bar you or affect your immigration (criminal history, lying to the USCIS and etc) then there is no reason to be concerned. I'd say you have a better chance of getting struck by lightening then having your residency taken away. Even if the petition gets denied for USCIS error, missing documents and other administrative things you can refile. Only the immigration judge can take your residency away (That will happen only if your petition gets denied, your get Notice to Appear and then you do nothing to remedy this). That said you have plenty of opportunities to appeal and prove your case in the case of a bad outcome for your current pending petition.

All the above assumes no funky business in your background.

Concurrent I-130 and I-485. PD 1/22/2024.

A week ago got "we have taken action on your case" but nothing changed. Yesterday, same email again and this time I-130 went to "case is actively being reviewed" and there is an approval notice under the document's tab which is great. Status has not yet updated to approved. 

At the moment no change in I-485. I have seen a lot of people get approved for I-485 along with I-130. Why would the USCIS approve these two separately when the filing is concurrent?

13 hours ago, catnap said:

Wanted to start a thread to see who else is the same boat, and hopefully feel a little better about my case.

 

It has been 20 months for me... 🫣

Mine took 28 months and got approved with no RFE. There are some folks here who waited 4 years. Not much you can do about that. If you are eligible file N400 and that should move things.

1 minute ago, Boiler said:

I have, this Law firm does nothing but.

 

https://www.soundimmigration.com/i-864-enforcement/

 

We enforce rights under the Form I-864, Affidavit of Support.

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We help clients across the United States recover damages under the Form I-864. From California to North Carolina, we have you covered.

 

Risk free I-864 case assessment

Get individualized legal advice about whether you have a claim under the Affidavit of Support. Consultations are free and you are under no obligation to work with our law firm.

About I-864 enforcement.

When someone obtains a green card through family-sponsored immigration, an Affidavit of Support is almost always signed. This document is a contract between the sponsor and U.S. government. By signing the document, the sponsor promises to provide financial support to the immigrant.

The immigrant’s right to support under the I-864 is legally enforceable. If a sponsor refuses to fulfill his responsibility, the immigrant may sue in court. We work with I-864 beneficiaries to ensure they receive the support to which they are entitled. We represent clients at zero upfront cost.

Our team.

Good to know. I'd be curious to see the actual lawsuit info and the outcome if there is any online.

16 hours ago, NoMansLand2020 said:

We've been married just two years and I'm filing for divorce. I can't stand my wife. I've fallen out of love and don't like the way she treats me. She's also been neglecting our baby. 

 

She has two kids of her own that I'm a step parent to, but never adopted. She's dead set on fighting the divorce and says she doesn't have to work and expects me to support her and her two kids for the next ten years because of the Affidavit of Support I filed on their behalf. 

 

She does have an education and she is working, so she has the ability to support herself. 

 

Am I expected to support her for ten years when she's capable of working? For her sake and the sake of her kids she should be working. As I am asking for sole custody of our baby, she would be required to pay child support. 

Sorry you are going through this. Lawyer up immediately, that is the best thing you can do now. That ensures you don't take steps that will cost you more in the divorce. 

You are expected to support her but I have not seen many cases where someone got sued for I-864. This should not even come up in the civil court alongside on asset distribution and alimony support in my opinion. I may very well be wrong but as far as I know lawsuits related to I-864 are rare and in a way unexplored for the most part.

21 hours ago, JeffAtl said:

I married my wife almost 3 years ago.  She has a conditional Green Card and I am divorcing her.  She is attempting to take my house from me and has lied in court.  I'm planning to write a letter to USCIS and was wondering if anyone else has been through this.  I want her investigated now that it has become clear that she was using me and didn't love me.  Just hoping someone can give me some good advice here.

I am sorry you are going through this. Get a good divorce lawyer and don't waste your time on immigration. You provided a LOT of proof to the government. She will be able to stay. It is in your best interest that she naturalizes as soon as possible so that your I-864 obligation ends.

Good luck.

Does anyone have any updates? Our I-130 was delivered on 1/22/2024 and no updates since.

Same with us. General maintenance. Happens all the time. 

12 hours ago, Hoggypi said:

I am unsure if I should just return to my home country and begin the K1 visa process or if we can get married while I’m here then I return home to start the spouse visa or apply for adjustment of status while married on an ESTA? I am from Australia.

Unless you came here with the intent to adjust status you should be fine to adjust now. Going home and doing spousal visa means long distance relationship for 1-2 yrs. Staying here means being out of work for a few months and not being able to travel for about a year or so until AP approval or GC. 

11 hours ago, Ontarkie said:

Ok so you have the option to marry now and adjust status as this was not your plan when you entered the US. But be prepared to be stuck in the US, no working not even remote jobs, no US driver's license until EAD is in hand or the GC and now you have to apply and pay extra for it, the extra fee for AP to allow travel out of the US if there are any emergencies.

If you marry now and go home yes you would apply for the spousal visa. It does take awhile up to two years, but much more freedom when you arrive. 

This may have been the case before but if you look at the EAD approval rate the chance are that the OP will have EAD in 1-2 months which will then allow OP to work, get DL and everything else. Of course there is a chance of EAD taking longer but at this point they do automatic approvals basically after biometrics. 

2 hours ago, Redro said:

Yep. Be aware USCIS isn’t about that FIFO life. So, some people get approved fairly quickly while other cases are left behind for a year or so… Hopefully most people get a quick approval. 

Yep. My personal opinion is that USCIS is indeed improving reviewing times of certain applications but all that is at the expense of leaving the old backlog the same and taking care of new ones first... My mother's I-765 for approved in 23 days and I-131 in about 75. I have a feeling that I-130 and I-485 won't take longer than 6-9 months at best based on IR-5 approvals that I have seen recently. IR-1s seem to be following suit as well.

On 4/9/2024 at 12:51 PM, Crazy Cat said:

They sent the I-130 and I-485 packages just about 3 weeks ago.  I am surprised it is being processed so fast.

I have been trying to monitor I-130s and I-485s in the recent months. Literally every day I see at least 5 cases that are within 50-100 days from submission get approved. It is crazy.. I see these approvals on different forums and platforms.

13 hours ago, road runner said:

Is it customary for USCIS to accept walk-ins for biometrics, at an earlier date than it was scheduled in the letter?
Is it advisable to just show up and ask to be taken in, just to shorten the overall waiting/ processing time?
Thanks

It is never guaranteed but you live nearby I don't see harm in trying.

5 minutes ago, Boiler said:

Seems most likely

Interesting. Everything I ever read about expedites have indicated email responses. I'd be very surprised to get mail about it. One can never rule out anything though.

1 minute ago, Boiler said:

Seems like they sent you a response today, it will be approve, request for more information or refused.

Response via mail? 

AOS from B2. There is I-131 pending where we requested expedited review. This is the status chage today however we got no communication.

Has anyone experienced this? What was the next update you got and when?