Jason and May

11 hours ago, SalishSea said:

OP says she has not filed for AOS.

Right on. You’re late to the show, though. Powerpuff straightened me out. 

I appreciate your effort, though. 🤙🏾

35 minutes ago, powerpuff said:

AOS was not filed, hence no affidavit of support (I-864). I-134 that was signed for K1 interview is not legally binding so OP is covered and doesn’t have to worry about that. 

Oh, gosh! I guess that's the title of the post isn't it? I misunderstood; I'm such a dork sometimes. I thought OP was talking about adjustment of status. 😵

16 hours ago, SolRebel said:

After 1 month of marriage, I have decided not to file AOS due to some pretty big unreconcilable issues with finding things on his cellphone and accounts.  He is refusing to go back to his country and says I need to get him an apartment.  He was also looking up "is VAWA for men too?". What rights do I have ?

You don't have to get him an apartment, but I do believe even if you file for divorce and that judgment is eventually issued, you do still have the issue of the Affidavit of Support you signed. Depending on your state, the judge presiding over the divorce proceedings may enforce that contract for the beneficiary through a finding of spousal support. If it is not addressed in divorce court, it may be addressed in federal court through breach of contract. 

You're in a potentially delicate situation if he's trying to take advantage of you and willing to make claims, such as that of violence. There are a number of very experienced folks here on VJ, but your best potential move is to find an experienced attorney, preferably an attorney experienced in divorce proceedings who has in their professional network an experienced immigration attorney. (Vett your attorneys' claims of experience.) 

Best of luck with this.

5 minutes ago, beloved_dingo said:

I would get the I-130 filed ASAP regardless, because at least that would start the clock and not waste additional time. Then, it may be possible to expedite it due to your job situation. If you can stay where you are until February, that gets you ~5 months into the process and time to figure out other options. She may not need "1-2 years" in a 3rd country if an expedite works out and you're already 5 months into the wait. 

 

Coming here on a B2 with intent to adjust is a non-starter, not only because it isn't legal to do so, but also because there is likely extensive evidence that you have that intent (keep in mind CBP can check your devices if they suspect anything). 

Exactly. I foresee them being separated at either the port of departure or port of entry and being interviewed separately, followed by the sad reality of his wife being detained and put on a flight back to her home country. That's a really bad choice to make, but the choice is indeed theirs. 

I wouldn't want to be separated from my wife either, especially if conditions are as he indicates. 

Tough situation.

I have usually just closed my eyes and plugged things in. I've been lucky, I guess. (I'm not suggesting you do this. Some other pretty intelligent folks have chimed in; you're much safer following their advice.)

In terms of filing the I-129F for the K3 process, it hurts nothing. It's just time and a little bit of money (to send an original packet to the beneficiary). In our experience, as many others experience, USCIS approved our I-130 petition before the I-129F, which then nullified the K3 petition. It took USICS 323 days to approve our I-130 petition. Many folks speculate USCIS purposefully lets K3 petitions sit until the CR-1 is adjudicated. Speculation. I don't know. Some USCIS service centers are faster than others, though, and some people get lucky. It certainly doesn't hurt to try. 

With regard to your AoS information as a co-sponsor: When the I-130 or K3 petition is adjudicated and it moves to the NVC stage, your daughter will need to upload all the Affidavit of Support information into NVC's consular electronic application center (CEAC). Your son-in-law will also have the login information, as he is the beneficiary. Inasmuch, he will be required to upload documents to CEAC, as well. Anyone who has access to that CEAC portal can view any of the documents uploaded to the system. Additionally, if he is granted an interview, he will be required to provide original documents that were uploaded into CEAC to the IO interviewing him. I suppose you could do the sealed envelope thing another member mentioned, which is a good idea if you're concerned, but, again, if he has access to CEAC--and he should--then he will be able to view any of those documents at will. 

I don't know whether there is truly any way to guarantee he won't have access to that information. 

4 hours ago, DutchNtheDutchess said:

Thank you!! You definitely saved us some time bc I forgot to include my 10-99 from cashing out my retirement before I came to NL. And that's why the RFE for w-2 didn't make sense when I had already uploaded it. THANK YOU! THANK YOU! I honestly don't think I would have thought of it any time soon. 

I'm really glad it was helpful for you.

15 hours ago, mapi said:

@Jason and May that's a great explanation. Thank you for that! I hope this also helps others.

This also exposes my misunderstanding: I thought the transcript had more detail to it than the return copy, but I was wrong!

 

Hey, @mapi. I'm really glad this was helpful. 

14 hours ago, Mike E said:

@Jason and May your patience explaining a complex issue while May and you are dealing with a major setback is a credit to your communal spirit.

Thank you, @Mike E. That's very thoughtful of you. We appreciate your kind words. 

1 minute ago, mapi said:

Maybe good to specific the code name of that full federal tax return?

Many other users (like me) are beneficiaries and I have no experience with the US tax system. It's very easy to get terminology mixed up. 

 

My understanding is that a Tax Transcript is more detailed than a copy of Tax Return.

 You are talking about a Full Federal Tax Return. Is that a 1040?

Ahhh! Okay. I'm sorry. I didn't realize you are the beneficiary and unfamiliar with United States taxes. 

A federal income tax return is a multipage document filed with the IRS that is used to determine an individual’s tax liability; this means how much a person might owe the federal government in taxes from their income or whether they are entitled to a refund from the government on taxes paid throughout the year. The forms might include a 1040, 1040A, or 1040EZ. In addition, there are documents called schedules, which are tax forms some people need to prepare for certain income situations, like self-employment income or tax deductions; these would be things like income from interest on retirement accounts, sales of property, or maybe charitable contributions. 

The tax return transcript is a document tax filers can request from the IRS that includes the information submitted on the tax return. 

So, a federal tax return might be 5 to 15 pages in length, comprised of a Form 1040 and various schedules; this is prepared by the taxpayer and sent to the federal IRS.

The tax return transcript is a generally 2-page document the tax filer can get from the IRS, which details all of the information in their federal tax return. The tax return transcript essentially condenses all of the information in the federal tax return from, say, 5 to 15 pages, down to 2 pages. It's less paper and easier to read. 

I hope this explains it a little bit better. Sometimes I don't explain things very well...I get very wordy.

11 minutes ago, mapi said:

Thank you for elaborating.

 

This is the first case I see where you had to submit all of that. Many cases the transcript+W2+1099 is sufficient - specifically when we're talking about joint sponsor + joint sponsor spouse.

 

Also your quoted text actually says "you should send the W2 and 1099 when married and filed jointly", but not to send the copy of return (just the transcript). 

 

Anyways, good that things worked out.

No, I don't think I stated one should send their W2s, 1099s, and tax return transcript but not their full federal return. 

Our delay was caused by the absence of a full federal tax return. 

I will restate it here, one more time, and try to be concise: If you are married, filed MFJ, and you are relying only on your income for AoS qualification, NVC requires the following: 

1) Full federal tax return

2) All your W2s

3) All your 1099s

I do not know whether or how this affects the petitioner's required documents in the event of joint sponsorship. 

4 hours ago, mapi said:

Thank you! This was helpful.

 

So you also had to submit tax returns and schedules? Next to transcript, W2 and 1099?

 

Maybe I am misunderstanding the terminology. Could you elaborate?

I originally submitted only the tax return transcript. The I-864 rules state to submit one or the other: either a tax return transcript, or full federal return, all W2s, and all 1099s. Unless you are married, filing MFJ, and relying solely on your income to qualify for AoS...which we are. 

If you are married, filed MFJ, and are relying solely on your income to qualify for AoS, you should submit your entire federal return, all W2s, and all 1099s. The tax return transcript in this case is insufficient as a standalone document, and, overall, superfluous. 

Caveat: I know nothing about joint sponsorship or how that affects required AoS documentation for the petitioner, if at all. 

4 hours ago, Timona said:

But didn't she and the police already meet the said person? And got her stuff back? 

 

I'd just ignore.

 

Unfortunately, robbery isn't grounds for expedite

They didn't meet the person who robbed her; they met two men who had sent her photographs of some items that were taken from her, notably some of her documents. Some of the items taken from her included her barangay ID, passport, and some other documents with personally identifiable information. The documents were what they said they had. They did bring them, and she did get them back. Her jewelry, phone, money, IDs, and bank and credit cards, etc., were not among the items returned. 

We didn't request the expedite based on the fact she was robbed, per se, but that she was robbed, these men started messaging her after the fact, and the police suspect they are part of a gang responsible for kidnapping and human trafficking in the area...though, that as of now remains speculation. She lives alone. And she is very scared. 

While that might not be grounds for an expedite in some people's or official's perspectives, neither, then, would some of the expedites I've read about that have been approved. It's very much just complaining to vent, e.g. if an expedite is approved because a petitioner is on active duty and worried about missing pieces of mail relevant to the visa process when out in the field for weeks at a time training, then it seems like my wife's situation might have merited an expedite. Maybe her situation doesn't merit an expedite, and that's okay. But it felt like a bit of a jab or a letdown, comparatively. That was more my point; though, probably poorly explained. 

Just FYI for anyone else considering requesting an expedite: 

My wife was robbed July 3rd in Manila. They took everything she had. The next day, a man started messaging her (because they have all her contact information), stating his father had found several of her belongings and to come out and meet him to get them back. The police told her they suspected this was the budol budol gang, and a police officer went with her to meet this man. The short version: No one was arrested. There is no way to prove they were part of this gang. Maybe they really were good samaritans. But... My wife is still getting messages to come out and meet this person. Alone. And she's terrified they will come to her apartment. 

After NVC DQ'd her, we sent a request for an expedited interview, and we sent the police blotters, police reports, and messages, all translated into English. 

USEM still denied her expedite. Actually, they didn't deny it. They said they couldn't accommodate it at the present time. 

So, I'm not saying don't request an expedite, because the worst they can do, I suppose, is say no, but based on other expedite requests I've read about that were granted, it's sure disappointing...maddening, actually...that my wife has to wait however long it takes for her interview, stressed out and scared. 

Good luck to all the others out there waiting on USEM. I hope your cases flow smoothly. 

Jason 

8 hours ago, Brad_C said:

We she doesn't have original papers of my divorce.  I have pdf files.  THey didn't mention original papers in the list they gave her.  I had to go the court house to get originals which the lawyer sent when we started the process.  The lawyer will have to mail the I134 also if that's the case.   I guess I better do it because it really seems like they're just trying to drag out the process.  

What they mean by "original" is what for us amounts to a certified true copy. For example, I have the "original" copy of my divorce decree from 2012, signed by my attorney, my ex-wife's attorney, and the judge. But what the consular officer requires--or the Department of State, anyway--is a copy from the clerk's office, with a seal or watermark, and a wet signature (original signature) from the county clerk, certifying the divorce decree is a true original from the clerk of court's office. 

This is because anyone can type up a convincing fake and sign all over the place and claim it's an original. Only the seal or watermark and wet signature from the clerk certifies it as a true original. 

It's a little leg work and can be a bit costly.... One of the VJ members had to fly over to another state to get his.... But that's what they are looking for when they say original copy. 

I hope this little bit helps you out. 

Good luck with this! It can be frustrating and feel like a kick in the teeth when you are hoping for the best outcome from the interview.  

8 hours ago, intothelight2021 said:

This is great info! Thanks so much, it is greatly appreciated!

 

I think we may be in the same boat. Do you mind listing all the 864 related documents you, as MFJ, had to submit to finally get the approval? 

1. Tax transcripts

2. All 1099s

3. All W2s

4. Tax schedules (which ones did you submit?)

5. Letter from employer/evidence of employment

6. Pay stubs

 

anything else? 

 

Just want to make sure we are not missing anything before we submit.

 

Thanks a million!

 

For us, the documents I submitted for AoS were: 

1) The signed form I-864

2) My federal tax return transcript

3) All my 1099s (I labeled each upload as #1 of 2 and #2 of 2)

4) All my W2s (I only had one and labeled it as #1 of 1)

5) My entire federal income tax return

6) A letter from my employer as proof of current employment with salary noted and with a wet signature from my HR director

7) 6 months of my most recent bank statements

8. 6 months of my most recent paystubs

9) Affidavit of self-employment

10) My EIN letter from my state Department of Revenue (probably unnecessary but in case there are questions about my solo private practice)

11) My LLC registration and my annual renewal from my state's Department of Financial Institutions (again, probably unnecessary but in case there are any questions about whether my private practice income is legitimate even though it's noted in my tax return transcript and my income tax schedules)

I submitted my entire federal return, not just my self-employment schedules, hoping to avoid accidentally missing anything they would ask for later on. 

I sent every original document to my wife to take with her to her interview. 

I have a subscription to Adobe, and I used that to compress the larger PDF files (like the 6 months of bank statements, etc), because they were over the 4 MB limit. There are some good free online compression tools out there, but I wouldn't want my financial information compressed on a free website.... 

I hope this helps! 

Jason 
 

1 hour ago, Mike E said:

This is the clearest  explanation of this land mine that I have ever read.

Thanks, Mike! Landmine is a good analogy...need to look carefully at those instructions.

I hope maybe it will help a few people here and there. 

4 hours ago, nelmagriffin said:

Hello Jason and May.

CEAC:

(SUBMISSION OF DOCUMENTS-----ACCEPTANCE------COMPLETENESS------DOCUMENTARILY QUALIFIED).

 

NOTE: JUST MAKE SURE THAT ALL THE DOCUMENTS THAT YOU SUBMITTED MUST BE WITH YOUR WIFE DURING HER INTERVIEW TAKING NOTE OF THE EXPIRATION DATES.

 

YOU ARE ALMOMST THERE!

BEST OF LUCK!

 

 

Thank you. 

Hi all, 

Today, NVC updated the case status. When I logged into CEAC, I see they accepted the AoS documents and civil documents, but there was a message to upload all W-2, 1099s, and tax schedules for the petitioner (me). 

Previously, on 08/03, when they updated case status, they asked for W-2s and 1099s, which we uploaded. They already have my tax transcript from the AoS documentation. 

So, on one hand, I'm growing a little irritated. They have my 2022 tax return transcript. They now have all W-2s (there is only one). And all 1099s (there are only 2). We will upload my entire tax return tomorrow so they stop asking for tax documents, delaying my wife's case by 2 weeks at at time, and so I don't miss any schedules. 

If the CEAC Home Screen shows AoS and civil docs have been accepted, does this mean they are passing along to the consulate and just want us to upload the tax schedules before her interview? Or does this mean we need to upload the tax schedules and then wait another 2 or 3 weeks for NVC to review? 

50 minutes ago, curtgolf said:

When does NVC release the visa backlog report?

It was updated for July. If you're asking when in August it will be released, though, I don't know. I'm not sure what day of the month it's published on the DoS site. 

Hey all,

Just an update on our NVC process so far. 

We submitted all documents by July 23. 

Today, August 3, NVC responded. 

AOS was accepted. 

Civil docs:

We were pretty concerned about the PCCs with my wife’s Jordanian issue, but as Mike E. suggested, we uploaded the Jordanian Certificate of No Criminal Conviction since the Dept. of State noted PCCs are unavailable from Jordan. And NVC did accept that. Thanks, Mike! ☺️🤙🏾

They also accepted our explanation of my wife’s Qatari PCC—scanned evidence that we submitted the application to Qatar and we are waiting to receive it. They just cautioned to upload it when we receive it and bring original to interview. 

Ironically, the PCC they rejected was my wife’s Philippines PCC, because she uploaded her NBI clearance, not the official PCC. So, totally on us. 

Additionally, they want us to upload into her  civil docs section my 2022 W2, 1099s, and divorce decree. I kind of wish they would have a tab for those, but in case someone sees this and it helps them…just something to be aware of I suppose. You can upload them under “additional docs.” 

So, overall, it has thus far been kind of painless and they moved quick. 

Also, they read what is submitted. When they put the note to please upload a valid marriage termination document, they used my ex-wife’s first name, e.g., “Please upload a valid marriage termination document indicating marriage termination between Jason and [my ex-wife’s name].” 

Not that I didn’t expect them to read documentation, but it was a little surprising to see them call her by name. Pretty thorough. 

🤙🏾

On 7/24/2023 at 12:42 PM, Leo The Great said:

Use Adobe Acrobat paid version to scan and combine documents at 200 DPI resolution in grey scale. You can also compressed after combining if the size is > 2MB.

This is exactly what I did. I happen to have the paid version, and compressed it through Adobe. It's not unreadable. It's not necessarily crisp and pretty, but not blurry or unreadable. NVC hasn't gotten to our file yet, so I don't know what the outcome will be. 🤷🏾‍♂️🤞🏾

I suppose anyone can charge whatever they want for reviewing documents. $50, $1,500. At least they're calling themselves a visa coach and not misrepresenting as an attorney. ☺️

You see organizations warn of excessive delays, denials, and so on for errors in paperwork. While it's true if you don't fill out a form correctly or submit enough credible and reliable (or required) evidence, then it certainly could result in a delay or refusal. This is partially why USCIS has pretty detailed and lengthy instructions for every document.

I like Dashinka's answer: Peace of mind for some folks is a big deal. As for fairness of fee, short of looking at market trends, it's really anyone's guess or opinion. And even if there were market trends to look at it, it still comes down to: they can charge whatever they want.

At the end of the day, as many others, we have so far done this ourselves. As another person mentioned, the forms are kind of the easier part. And if you have any questions and you ask, you will get answers from knowledgeable and experienced VJ members. No one here has ever let me down when I've had a question. 

Good luck with whatever you choose. 🤙🏾

For us, it didn't matter which we paid first. Since AoS was first on the screen and IV was beneath, I just paid the AoS bill, then when the screen refreshed, I paid the IV bill. Receipts were emailed to my wife and I. 

The payments showed as pending in my bank account, and in process on CEAC. I think it was about 3 business days later or so the payments showed "paid" in CEAC. Basically, they cleared from my pending payments in my bank account, and then next day, they showed "paid" in CEAC. We didn't get any emails or notifications from CEAC about the payments posting. But when I checked CEAC, they showed paid, and the links for AoS and the DS-261 were live, so we could start working on them and submitting documents. 

I already had the I-864 completed and all my documents saved in the cloud so I could just upload everything. 

Then, when we had time, my wife and I video chatted and screen shared, and we completed her 261 and uploaded all her documentation. 

Just be aware, at least for us, CEAC crashed repeatedly. (I believe the servers overloaded and we got booted, actually.) There's a thread or probably two in here somewhere of me ranting about CEAC.... 😬🤦🏽‍♂️

I hope it all goes smoothly for you both. 🤙🏾

14 minutes ago, TBoneTX said:

You obviously have a good heart, dude.

Thank you, TBone.