Ning25

48 minutes ago, SICCEN said:

Hi everyone, I had a friend file my tax returns and I was wondering do I need official transcripts  directly from IRS?

She efiled them for me.

Thanks for any clarification on this.

One is filed while the other is evidence of that from IRS. Use transcript. Easy to get. 

I am getting info together to file to bring my sister to the USA on work visa. I have tried & cannot find an employee to do the special work my business requires. Animal handler. 
I am not experienced with this & need help please. Of course, I want to follow the laws and do this right.

It seems the H2b would be the right visa. Can someone confirm that or offer different type please. 
She is from Thailand. 29 year old single mother who will return as her visa dictates; has a teen-age son there to care for. 
Any advise is helpful. Thank you

5 minutes ago, Lucky Cat said:

That is incorrect.  Marriage, alone,  does not change legal status.  Once the I-94 has expired, only submitting a proper I-485 will provide authorized stay until the I-485 is adjudicated.  

You are right. What would you suggest they do? 

Marry in Yuma. File docs for G Card next day. 

9 hours ago, ThomasNC1988 said:

That is the biggest flaw with VisaJourney, people give advice bon what happened with their case. People will even argue with you that ever case is considered the same. They aren't it is well known amongst BKK filers that they don't take co-sponsors for K-1.

Hard to respond to that last sentence but you speak of flaws. If you mean in your understanding of the actions of BKK I would agree. The fact is that even though in general BKK wont accept joint sponsors it has been done. There are or were members right here on V J that helped people as I did in at least 5 cases. These cases are so unique that in some it may be allowed. 

V J has helped ten of thousands with this process. Some advice is flawed I am sure but what would you have those in need to do? We all accept or dismiss advice as we wish. 

On ‎11‎/‎27‎/‎2018 at 1:35 PM, Calidas said:

My wife was able to schedule her medical after receiving the packet 3. They wouldn't let her do it sooner at Bumrungrad Hospital in Bangkok.

Yes this was changed some time back. The medical is really good for a year but best to wait. Its easy to do with known results. 

5 hours ago, Orientalelf said:

From what I've ready Bangkok majorly decline joint sponsors. He is still a student and doesn't graduate till May 2019. He can only work a part-time job due to his school schedule. We are basically done for...

 

We are absolutely devasted to be in so far and only knowing this news now! His father is an EXTREMELY strong joint sponsor, 30 years working for the State and many land and house assests. I don't know if we should risk it and try or withdraw now  either way we are losing hope.

Just now, Ning said:

I know everyone means well but in this you are mistaken. These cases are decided mostly before the person get to the window. They wont even accept a mountain of docs. The waiting game is just as you say. During that time there is a lot to learn too. 

Decline? Its always been the same. You just discovered it. 

Student ? Great. All the cases I know of that were approved had student in them. Student becomes graduate goes on to career, makes more money ect. They want to know how you are going to be supported which is by him & more so as your needs increase he will be ready & so will you. You will be working. 

criteria the father has to meet is the minimum The govt isnt going to go after his State income ect.

Risk what? Losing hope? Forget that,you have a lot to do either way. 

Think this over & you should see what must be done. I haven't met nor become an American that just gave up so your goal should be Citizenship and nothing short of it. 

4 hours ago, missileman said:

Well, I think that if you go into the interview with a heap of evidence to show that he is a very strong joint sponsor would be worth the effort (assuming the CO would allow you to present it).  As of right now, you could see an interview in the next  2 or 3 months, right?

The waiting game is the hard part of immigration....

I know everyone means well but in this you are mistaken. These cases are decided mostly before the person get to the window. They wont even accept a mountain of docs. The waiting game is just as you say. During that time there is a lot to learn too. 

9 hours ago, Orientalelf said:

Hello everyone, 

 

A while ago I made a post about this and recieved information that this wasn't the case. I was too naive to call and check myself, the thought didn't even cross my mind. 

 

Now however, I've recieved some new information from visajourney peers and outsources that the embassy mostly decline K1 cases with joint sponsors. If this is true, our case is in peril. My fiance and I are a young couple and he is using his father as our joint sponsor. 

 

Are there any considerations to the case? Shall we pull out now? We still haven't recieved our NOA2 yet and are considering withdrawing. 

All cases are in peril. BKK has always had a general policy of no joints for K 1s. Makes sense when the intent of the visa is understood. Its just for 90 days. However I know for certain of cases I have helped with & other VJers as well where done right with the right understanding of at least two visas it can & has been done. Each case is truly unique so the approach must be as well. There is no one size fits all. Size does matter.

The system is designed for another visa to be used to gain entry as well as have in place support for the future. This means they will accept the same joint sponsor in the very near future anyway. It just has to be done legally. 

The system is also designed for the K 1 to remain while in a legal limbo as they file for the G Card. That again means they are ready to accept joint sponsors. 

Don't give up now. The money & time are spent. Get some result from your efforts at least. Few on this page or that survived this difficult journey; none did it alone. None. 

So get yourself cleaned up. We are going to town. 

6 hours ago, atlus said:

I have not paid 2014-2015 but before the up grade of status in my country They will be paid. My attorney and 4 other separate attorneys have said that  the first interview will only want the most current year Tax return. and the other will be at the second interview for upgrade of status. So i think for now I am fine . I have current 2016 tax return and i have W2 from 2014-15  but have not paid. 

Oh well nothing I can do about it this is how it is. I will not pay 2014-15 until May and that is well before the upgrade of status.

8 hours ago, Ning said:

The problem here isn't about what job someone has nor how much they make in this case. Its about taxes that are or are not paid. How many months the O P works isn't important, rather what his yearly income is & if his taxes are paid. Like your relative he is employed all year. 

6 hours ago, atlus said:

I am almost the same but for my 6 months off i am just considered a return to work in May. My company doesn't call it vacation they just say your seasonal. But i think its fine.

I do claim UE during that time also so i am considered lay off and will return May 1 . So i think its will be fine I hope ;-)

So in reality the O P isn't fully employed rather applies for U E benefits every 6 months. That will be indicated on his tax returns. This is the first case I have seen where 5 lawyers worked on the same case. Those 5 lawyers haven't offered any different methods nor action for the O P than he has received here on V J but there remains a cloud over the info it seems which cause him to continue to question the info. 

8 hours ago, Andrea&Henry said:

I think you would be fine. My uncle is also a commercial pilot in an extremely similar situation but I don't think the right word is "unemployed" unless you work for different company every 6 months.

 

My uncle work for Iberia and he works 6 months in a row and then he is 6 months on vacation, with the exact same company. Although he is not technically working for 6 months, he is still considered an employee so he is not unemployed.

 

If this is your case, you are definitely not unemployed.

 

But even if that's the case, commercial pilots like you both make more than me and my husband working 365 hahahahaha so you will be fine

The problem here isn't about what job someone has nor how much they make in this case. Its about taxes that are or are not paid. How many months the O P works isn't important, rather what his yearly income is & if his taxes are paid. Like your relative he is employed all year. 

9 hours ago, atlus said:

I was told by my attorney that only at adjustment of status interview I will need the last 3 years tax returns but not for the  first interview to come to the USA to marry but after 90 days the adjustment interview will need 3 years tax return . Is this correct? also my Fiance's first interview will be in Bangkok.

You have asked these very question in the recent past I believe. The answers will not change only your ability or amount of scotch will allow you to accept the info. Your lawyer & the members here are correct. You will submit the 134 with the current tax year info. You may get lucky & not be asked for additional years by the embassy in Thailand. They are very experienced which your fiancé will find out. Later for the AOS you will use the 864 & submit at least 3 years of tax info which must reflect paid in full status. 

46 minutes ago, NDB052714 said:

Hello! 

 

Noom arrived from Thailand last year (Oct 2016) on a K1 Visa and received his temporary green card in June of this year. Now I'm considering a job in Singapore. If we move to Singapore for my work, will it jeopardize Noom's chances for a permanent green card and citizenship? Thanks for any input. 

 

~David & Noom

If hes living outside the USA he has no chance to keep the g card. Consider the timing then surrender the G card while applying for a 10 year B 2 if there are plans to visit the USA. 

1 hour ago, RLS1 said:

Hi 

We are preparing our packet 3 and there are two bullet points one requesting documents on all prior and current marriages 

 

Second bullet point request documents of termination of previous marriages. 

 

Question is are the marriage documents needed, i have all the divorce docs but no marriage license docs, 

 

Thanks for your time and help

Don't leave out anything they ask for or it will result in an RFE which will put the case in limbo until you do so. Contact the court house where you were married to get a copy. 

11 hours ago, Holt said:

Since she has a child, and she is responsible for her child until he turns 18. 

As you said, you and her do send money every month in order to support her son, in this particular question, you must provide your evidence to support your words. 

I guess you are easy to obtain (b) and (e) 

That may be morally correct but in Thailand its not correct under the law which is why it isn't stipulated in the divorce decree. Thai law is written by men for men. 

On ‎10‎/‎15‎/‎2017 at 12:56 PM, atlus said:

I have looked around the forum about this question and there are many information about addresses but I cannot find any information regarding my question. Can I use family or friends home as my physical address and have them send any mail while they process the K-1 visa to me in Thailand?

Because of my job my physical address is complicated and so I would rather use family or a friends home address as apart of my past 5 year history physical addresses. My mailing address is always 2 mailboxes one in WA one in AK.

The  I-129f wants my physical address for the last five years and because I am a commercial pilot, i live out of hotels from USA to Thailand. I did have a apartment in Seattle in 2014 but after i left that apartment i have been traveling. I  don't even know the addresses from hotel to hotel from 2014 until now. 
So can i just you my friends or brothers home as my physical address and my mailing address is my mailboxes. My address in November will be Siam Heritage Hotel in Bangkok until May that is were i can receive my mail this winter. 
It would be easy to use family or friends home address for my 5 year history except 2013-2014 i can use my past Seattle apartment. 
For USCIS to send me mail while they process the K-1 visa they could use the hotel in Bangkok. 

 

Thank you for any information. 

Van & Zaw

You just need one address that represent where you receive mail for example. Street address is better than P O box. Use what you consider domicile in the USA. Do not use a Thai address as home unless you were a legal resident there. 

5 hours ago, geowrian said:

Good luck! Just a note that if the income/assets are insufficient for whatever reason, that's not the end of the line. They will ask for an updated I-134 with a suitable information or a joint sponsor.

Joint sponsors are not allowed for K 1 cases from Thailand in most cases. I have seen some & helped with a few that succeeded but that isn't the norm. 

5 hours ago, atlus said:

Thank you,

I just spoke with my attorney and he said a same thing but he said they will not care about  the rest until after the 90 days in the USA but the first interview for the visa my attorney said just file and pay 2016 and show i have 30k in my checking and that I make well above there required minimum. So i think if I file and pay 2016 and then that gives me time to pay 2014-15 later. If not oh well i will just stay in Burma lol

Before the 90 days your friend will have to leave the USA or file the AOS as the other member said. Doing that means filing the 864 form & as part of that the years of taxes are addressed. 

7 hours ago, Paduppa said:

Thank you for the replies above. Appreciated it. 

I've heard the way USCIS counts 6 months staying is = 180 days in a year, not sure it's true. 
I think the best way is to asking the USCIS office though. 

 

 

 

 

It isn't about the length of stay rather the type of visa used to do so. The term tourist indicates his status. Tourist are not residents in Thailand any more than they are in the USA. 

9 minutes ago, atlus said:

Ok, But what other info is realated to  filing ,,, i am thinking about not even doing this K-1 HA to much trouble

Anything info used to file the taxes must be submitted IF a transcript is not used. Whatever is sent to the IRS must be submitted unless a transcript is used. 

Any immigration based visa will require the tax info at some point. USCIS requires proof that the immigrant doesn't become a burden on the govt. 

1 minute ago, atlus said:

Thank you for the reply I am working on it now as best i can with a Tax person.  One attorney said maybe just pay 2016 but i think they want last 3 years so dunno.

I believe they require just the current tax year for a K 1. 

Please keep in mind that you have months to gain ground before the taxes become an issue. The initial docs ask about your recent employment but don't require a tax transcript so you can file the case while clearing up the problems. 

1 hour ago, Inlovefern said:

The way I read the form i134 instructioms it says submit your tax returns if you re self employed.

 

Am I mistaken??

 

I am not behind on my taxes, I file extensions. Should be caught up soon anyways.

Use the search block to find tax issues related to K 1s. USCIS requires at least the most current years tax transcript at some point. Tax returns can be submitted but must include every type of info related to the filing. 

45 minutes ago, atlus said:

I would not be able to pay the total . I have talk with a tax person and they said the IRS would put me on a monthly payment plan so I can file my late taxes but I would make payments on them .

USCIS should be ok with that as long as I am paying them off I hope.

Be very careful with what you believe USCIS will be ok with. Search here on V J for similar situations related to taxes. There is a requirement to supply at the most current tax year transcript. Use caution because there have been many cases where the tax issue caused a denial or delays. They may decide your tax burden is enough to cause money issues in the relationship but only you will be able to submit the proof required. Leave nothing to chance when it comes to immigration. 

Anyone can go on line & set up tax payments on the IRS web site. 

2 hours ago, atlus said:

Question on petition for K-1 Visa and have not  filed taxes for 2014-2016

Last year I paid thinking I was caught up but the IRS said no that I stilled owed from 2014 so they said as long as I am giving them somthing every year its ok but I was not planning do a K-1Visa.

I called the USCIS today and they said they look at my money and job to see if i can support my Fiance financially not so much that I am behind in my Taxes . 

Anyone have any experience I was planing on catching up with my taxes in full next June but not now.

Any information on this would be good. I basically have not filed for my 2014 - 2016 but i did work just have not filed them.

You will find that your taxes must be current. This will come up & you will be asked to submit tax transcripts. Obtain those free from the IRS on line. That info isn't needed when you first file so you have a few months to straighten out the situation until the case reaches a certain point. If you don't submit the required tax info at the right time they will issue an RFE for that info putting the case in limbo until you do. This usually causes at least a 60 day delay but can be much longer in Thailand. 

8 hours ago, Jorge Valdivia said:

It might be possible, but it depends on the embassy. I just recently completed DCF in Mexico on a tourist visa. I had been living in Mexico full time since 2014 so I had lots of evidence (rental agreement, IRS tax returns showing my address in Mexico, US bank account history showing consistent transactions in Mexico). I included this evidence and a letter explaining my situation with my I-130 and it was approved.

It is not possible in Thailand unless the person has been a legal resident for at least 6 months. Residency requires a different type of visa. Her B F has lived in Thailand quite awhile on a tourist visa which is discouraged by charging fees & forcing the person to leave Thailand for at least 24 hours. Many people cross into Laos to comply.