NotAFish

Working on the I-942 for my wife's N400 and have a few questions.  I own a small business, in case that is important.

1. The instructions say to put in the number from line 37 of the 1040 form which they say is the adjusted gross income, but that is not the line for the adjusted gross income on the 2022 1040 the tax preparer used. The adjusted gross income is on line 11. Do I just put on the number from line 11 (which is listed on the form as the adjusted gross income)? Or the number from line 37 (which is the amount owed in taxes)?

2. For the tax forms to send, should I just send the entire packet (1040, schedules 1, 2, 3, C, S, SE, Education Credits, 8995 Business Deductions, 8867, 8962, 4562, 8879, etc.) or just the 1040, or some subset of that tax paperwork?

3. Should I send a check with the I-942 and N-400 (the instructions do not say to send the check, or to not send the check, so it is unclear to me)?

We will be filing for my wife's naturalization at the end of this month.  We also have plans to move residence (within the same city) at the end of this month.

My understanding is that as long as we are within the same service district (for us, C31 on this map: https://www.uscis.gov/sites/default/files/document/data/7 117 - Domestic Map 01042021 (002).pdf )we are fine.

Am I correct?

What is the process for change of address and the N400 if we move approximately 1 week before we file the N400?

We will be filing a paper N400, not online.

Thank you!

You should be pretty much good.

Here's what I did (8+ years outside the USA) which encountered no resistance:

Wrote a cover sheet:

NVC Case Number: XXX
NAME
SOCIAL SECURITY NUMBER: XXX
Form I-864
Part 4, Question 5: Country of Domicile

I, XXX, am currently residing in XXX with my spouse, XXX. Below you will find a list of attached documents to show that my principal residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:
• Maintained my Mastercard credit card registered in the US
• Maintained my bank account at XXX
• Renewed my STATE driver’s license
• Maintained my US home ownership
• Maintained my PROFESSIONAL license

Supporting Documents for the above steps I have taken:
• CREDIT CARD credit card statement showing US billing address
• BANK statement showing permanent US address
• STATE driver’s license showing permanent US address
• 1098 Form showing ownership of our house in STATE
• Web retrieval of proof of current STATE PROFESSIONAL license

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.
I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.
Signature:

Date: XX

I then uploaded all supporting documents.

Good luck!

Went to the interview today and passed.  The majority of people we saw did not pass, though the one person my wife saw there who she had met at the health check did get her visa.  I was the only obvious foreigner.

For people who are wondering about the process, here's a bit of a breakdown:

1. Initially wait outside across the street with the other applicants.

2. At 7:20 AM everyone crosses the street like a herd of ducks - likely best not to quack at this point, but you might be tempted.

3. Stand in  line until 7:30, be prepared to give a guard who checks the line while you wait your passport(s) and the invitation letter.

4. At 7:30 applicants and petitioners are let in about 7 at a time to go through the security (give up your electronics then).

5. Stop at a little desk where they check a couple of documents again (don't remember which, I think it is the passport and invitation letter).

6. You do NOT go to the regular area if you've been to the Consulate before, instead you'll be directed to a different area with about 20 windows like bank teller windows, though more separated.

7. Go to a front window and get a number (quick document check).

8. Wait.

9. Get called up to one of the other windows (both audible and an LED sign telling what number and what window), at this point give the clerk the original documents for the applicant - passport, birth certificate, marriage certificate, police check, divorce docs (if applicable) and answer a couple of questions (such as if the applicant has lived outside of Vietnam for over 6 months).

10. Wait.

11. Number gets called again, go to a different window they indicate and perform the interview.

12. You will find out clearly at the end of the interview whether the visa has been granted.

The process took us about 4 hours in total.  Perhaps 10 - 15 minutes or so for the actual interview.

I was asked the majority of the questions, such as when/how we met, whether we lived together, whether we had any children in common or separately, and other small details easily answered - nothing you would have to memorize.  It was generally conversational.

The only document that was requested was our lease when I stated I was on it.  They didn't ask to see photos or anything,  My wife is convinced that they had essentially made the determination before we even arrived based on the documentation we sent in because she saw a pink form already filled out when we arrived at the window instead of a blue one.

They asked a few questions of my wife such as:

1. Did any of my family come to our wedding (who).

2. Had we gone on any trips (answer was yes and my wife listed them out, but no documentation was asked for).

3. Where did we go on our honeymoon.

4. Did we get married in Vietnam.

5. If I had any brothers or sisters - had she met any of them.

For these questions I was specifically told that my wife had to answer (perhaps because I had been doing all the talking up to then), but it was stated in a nice way.  The gentleman doing the interview checked her answer against a sheet each time she answered.

All questions asked of my wife were in Vietnamese, at the beginning I was asked if my wife spoke English and I said she spoke a bit but that it was best to use Vietnamese.  I got the impression that English was in no way a determining factor in their decision, but I cannot say for certain.  The ability to communicate with the spouse would be heavily weighted, of course, but since we speak Vietnamese in the home it appeared that her English ability was not an issue.  My wife did not use English at all in the process.

All in all, if you are preparing for your interview the best advice I can give is to not worry.  As long as you know your spouse and your spouse knows you in a natural way considering your situation you'll be fine.  Have your documents in order and make sure you do your due diligence throughout the entire application process.

Good luck!

1 hour ago, Liam2021 said:

The name order will be flip to MiddleName MiddleName FirstName LastName, so it will become "Thi" :). It happened with both of my sisters, my wife, and many Vietnamese with name order like that. They all end up changed the first name when apply for N400.

Is it possible to do a name change before the N400?

My wife only has one middle name, but I think she would like to not be named Thi as well. 

28 minutes ago, CxP said:

Congrats Justin and Nhi!

 

My spouse is planning to fly in January so please update us about the flights.  We were also planning to book with EVA Air, flying through Taiwan because of their very low COVID cases. I haven't heard about any restrictions yet. At least with US policy.  Seems like we are letting anyone from anywhere fly here.

 

Btw she received her passport and visa via courier on Monday morning.

 

She is concerned about how her name will be entered by Customs when she gets her green card.  The visa currently has her name reading the same as her passport (that's their policy) which is: "LastName, MiddleName MiddleName FirstName".  The first middle name is "Thi" which is basically given to all girls in Vietnam.  She doesn't want Customs to enter her first name as "Thi" so I advised her to talk to the Customs agent to see if they can enter it the way she wants.  There's been a few VisaJourney posts about this but I haven't read a concrete solution.

From everything I've read, you just put up with it until you get to the US and then apply for a name change, but I could be wrong.  I went down the rabbit hole of trying to figure that out too and that's the best I got.  If you find an answer please post it here.  Thanks!

10 hours ago, Justin & Nhi said:

Thanks guys. My wife is SO NERVOUS about Monday. I think she is very well prepared with all of the documentation needed. We have done some verbal English practice the last few weeks, but that is her biggest concern. She is very good with reading, but I'm worried she will misunderstand something and they won't be accepting of it. I will try to update here Sunday night(EST). 

Best of luck!

12 minutes ago, Stein said:

They didn't ask for anything beyond the lease.  No mention of residence card or registration with police.  Didn't even look at my passport or any visas, visa exemption certificate or visa stamps.  Here's the thing, I truly believe any USC that shows up at an interview during this COVID shutdown time they know has been here for a minimum of 8 months.  That pretty much proves its a bona-fide marriage.  That said, I'd take the lease and take your police registration because that way you can show him both which ties your name to the address and her name is on the lease for the same address.

 

I moved here fulltime in January 2019 and we married April of 2019.  I made 6 trips here in the eight months prior for work but I happened to meet her the first trip here then started coming for two weeks every two months.  A Vietnamese guy that used to work in our company in US moved back here to run his dad's factory after he died many years ago and we kept in touch over the years and he invited me here for business.  I was sourcing everything in China prior to and after visiting I eventually moved everything here.  That's why I was able to come here for a couple of years - to get everything settled and running well.  Now we are heading to US but I'll still make 3-4 trips a year here for work.  It just all worked out but I was fortunate to be in a position to be able to be able to stay working for the same company straight through.  I've been with the company over 25 years so they are flexible with how I work.

Much appreciated, sounds like it was a reasonable and positive experience.  I've been telling my wife the same but she's been stressing out.  

Thanks so much for all the info, I'm sure it'll be useful for lots of other people as well!

1 hour ago, Stein said:

Yes, that must have been me.  I was the only one there!

 

I took 10-12 pages, 2-3 pictures per page.  I did put them in chronological order and broke them up by event per page.  I didn't differentiate before and after wedding but my wife did write the date, location and quick description under each.

 

Bear in mind that I my situtation may be a bit different than many people when it comes to proof.  Since I live with my family here there is less need to put a lot of effort into trying to prove bona-fide.  I didn't have any text logs or phone call logs.  I didn't have any other proof of relationship other than a farm that we bought in my wife's hometown but I didn't show him that.  He did ask for text or phone logs but I told him we don't have any since I live here.

 

This does remind me of one thing I neglected to state above.  When he asked me if I live here with my wife and daughter and I told him yes he did ask for a copy of our lease for the house.  Fortunately I did have that lease done specifically in both names and with English and Vietnamese back when we moved in because it did show when I arrived and how long I've been here.

 

Oh, I remember one more question he asked.  He wanted to know if we had traveled anywhere out of Vietnam together.  We hadn't  He asked about travel inside Vietnam.  We had flown to a couple of resort locations but he didn't ask for any proof of those.

Thanks, we're in the same situation., I've lived here since before I met and married my wife. 

Did they ask you for your residence card or your registration with the police?  My name is not on our lease but I have, of course, registered with the police.  Unfortunately I left my residence card in Da Nang because we were just coming here to Saigon for another matter but got the appointment email while here and I'm wondering if I need to go back to grab it.

Also, if it's not too personal, my wife is asking how long you lived in Vietnam with your family?

Thanks so much for the info!

1 hour ago, Stein said:

I just got back from our interview this morning.  He didn't ask for I-864, tax transcripts, even 2019 taxes since I don't have a transcript for last year.  He didn't look at any paperwork at all other than a thumb flip through the photo pages.

Awesome!

It's funny, my wife chatted on the phone this morning with a friend who had their interview this morning as well, and while her friend got the request for more information form she said a couple (wife Viet, husband American) went through their interview in just a few minutes with just a look at their pictures, that must have been you!  Super glad to hear!

Do you mind sharing approximately how many pictures you had, whether they were all in date order and separated by before/during/after the wedding, etc.?

Congratulations!

1 minute ago, NancyNguyen said:

I wrote / means you need to bring either i-134 or i-864 based on your application. You have a spousal visa interview, so you will need to bring i-864.

I see, thanks!

3 minutes ago, NancyNguyen said:

I wrote i-134 / i-864, means all financial support forms. At the consulate, they will check if you have all documents before proceeding you to the interview.

Maybe I'm not understanding you.

I never filled out an i-134, it was never requested of me when doing my application, and everything I see online tells me that it is for K visas, not CR-1 or IR-1 visas.

Can you be a bit more clear, please?  Did you do a IR-1 visa and use an I-134 form?

Thanks!

2 hours ago, NancyNguyen said:

Hcm consulate will not proceed your interview without original i-134/i-864 and supported docs.

I-134 is for K applicants, as I understand it, so with an IR-1 it would not apply to us, correct?

I'll go ahead and print everything out and bring it all, better to have what I don't need than to not have what I need.

Thanks!

In:  https://vn.usembassy.gov/visas/immigrant-visas/required-documents/

It says:

Quote

* For IV applicants: The petitioner and any joint sponsor must submit a complete and signed Form I-864, Affidavit of Support for each eligible travelling applicant.  A photocopy of the petitioner and joint sponsor’s IRS tax transcripts and any relevant W-2s must be included.  For further information about required financial documents, please click here.
If an I-864 is submitted by a joint sponsor, he/she must submit proof of his/her legal status such as a copy of his/her U.S. Birth Certificate, U.S. Passport, Naturalization Certificate, or Lawful Permanent Resident Card.
If the evidence of support (I-864) has already been submitted to the National Visa Center, you do not need to submit it again at the interview.  If not, please be prepared to submit it on your interview date.  In some cases, if the evidence of support in file does not meet the guideline qualification, you will be requested to submit other financial documents after your interview.
Photocopies and scanned versions of I-864s and other associated documents are acceptable.

I completed the entire visa process through CEAC and the online NVC where I uploaded all of the financial documents.

Does this mean I do not have to bring my I-864 and tax records to the interview?

We got our DQ on the 28th of July.  We have been notified that we are scheduled for the 19th of November.

8 hours ago, Justin & Nhi said:

Just got our interview scheduled. DQ July 8. Scheduled October 8. Interview date set for Nov 16!!!

Congrats!!!  Best of luck!

13 hours ago, FU-MY said:

Thank you NotAFish.

 

Yes, we did get this message sometime in March...

 

Good luck getting an appointment soon!   

6 hours ago, FU-MY said:

Sorry what is DQ?

We had our packet 3 sent to my fiance in March, then a week or so later the consulate closed down.

We are still waiting to hear anything from them.

 

DQ is Documentarily Qualified.  The NVC sends you a letter that says this:

Quote

 

Dear XXXXX,

The National Visa Center (NVC) received all of the fees, forms, and documents that are required prior to attending an immigrant visa interview at a U.S. Embassy/Consulate General overseas.

NVC will work with the U.S. Embassy/Consulate General in HO CHI MINH CITY, VTNM to schedule an interview appointment for you. Once we have confirmed an interview date, we will send a notice to you, your petitioner and attorney (if applicable).

Please do NOT make any travel arrangements, sell property, or give up employment until you have received an immigrant visa from the U.S. Embassy/Consulate General.

The U.S. Embassy/Consulate General may require additional documentation at the time of the interview. Please visit https://nvc.state.gov/prep for information about immigrant visa interviews.

 

Regards,
National Visa Center,
U.S. Department of State
https://nvc.state.gov/ask

 

We got our DQ on the 28th of July.

Keeping an eye on this thread to see if we get info.

Thanks!

On 7/31/2020 at 11:09 PM, Stein said:

For what it is worth, I was in the same boat.  I was able to get the code to sign up on the website mailed to my address in the US without a US phone number.  My mom picked up my mail and read the login code to me and I was able to get my transcripts.

  

Alternatively, ou also can have a tax professional get the transcripts for you.  I'm glad I did because I got my 2018 transcript and in two weeks I'll be able to get my 2019 transcript since they will want it when I interview later this year.  I filed my taxes online July 10 and they said 2-4 weeks before the transcript will be posted.

 

You MAY be ok with the full tax filing with the W2 or 1099's but they will want 2019 now that July 15 is past.  I just don't know if they will let it go so I did it the standard way.  

Sorry I wasn't clear, I already had turned in with 2019.

From what I can see mine was fully accepted with the 1040/etc.

It may or may not help to know, but my wife and I got DQed with just uploading the 1040/etc.  No tax transcripts.  I can't get the tax transcripts since I live in Vietnam and don't have a US cell phone number.  We haven't been scheduled for an interview yet, though.

1 minute ago, Paul & Mary said:

File Married - Filing Separately.   You are not single. Do not commit perjury on your tax form.   Surprised that you accountant would even entertain this.

Yes, it seemed strange to me, she's been pushing hard that without a TIN or SSN I can't file as married until I sent her links showing that it could be done.

Odd.  Anyway, thanks for the confirmation of what makes sense to me!

I am in the situation where my accountant is ready to file my taxes but if I file married filing separately she says it will take 4 - 6 months to be processed by the IRS since it has to be mailed in.

My questions:

(Note: I cannot get the tax transcripts due to being out of the country and not having a US phone number)

1. When submitting my tax filings to the NVC does it matter if it has been processed yet or does it just matter that I have filed them? 

2. If I file as single now (and later amend the return) will that impact my wife's ability to get her visa?

3. Are there other things I am overlooking that I should consider?

4. What is the best course of action here?

Thank you!

So just to clarify, the evidence I need to show would include:

1. A letter explaining the income source

2. Bank records

(I cannot show invoices, I am in healthcare and that would be a violation of HIPAA since there is personally identifying information on the invoices)

Is this correct?  Is there anything else that would be needed/useful?

2 minutes ago, B&C2017 said:

Hmmm, good question. I would assume maybe a statement from your employer or whoever issues the payment which is classified as income.
Maybe specify what type of income you're talking about (salary, child support, etc.) so people can help answer your question better.

That's a good point.

I have a small business private practice where I work with clients around the world through videoconferencing.  I am self employed and will continue to have the same clients when I return to the USA.