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About emmillinnee

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  • Member # 351758
  • Location Houston, Texas, EE. UU.

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Immigration Info

  • Immigration Status
    IR-1/CR-1 Visa
  • Place benefits filed at
    Nebraska Service Center
  • Local Office
    Houston TX
  • Country
  • Our Story
    We got married in Spain in August of 2020, filled for I-130 visa online in September and are hoping to hear something soon!

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  1. As long as you share the entire thread with the two successful/easy visits as well as the terrible experience! I want to help as many as possible and give a complete picture. Not just the experiences that went well nor just the hard experiences.
  2. I’m glad it was helpful! I scoured the internet for info about travel while waiting on the visa and wanted to provide the same help others provided to me. I will add that we crossed one more time in February via car from Windsor to Detroit. And it was a very different story. We were there for 6.5 hours and at first they told us we weren’t going to be allowed to enter. Some back story below: my husband was in the US for 87 days from September 2021 to Christmas Day 2021. We left and went to Spain to see his family for the holidays and then flew straight to Toronto to stay there for three months while we continued to wait on his visa to be processed. We told the officers in Toronto about our entire plan, and they were cool with it. But in February my grandmother passed away and the funeral was going to be in Texas. I desperately wanted to go and it just didn’t feel right that my husband not be able to join. We knew he was really close to the 90 day limit so I crossed the border in my car to Detroit the day before we were planning on entering the US and asked the officer (explaining that he had a pending immigration visa). The office said it would be fine, but just in case to call the immigration office in Detroit and ask. I called, the office said it should be fine, but to bring proof of absolutely everything so that there would be no issues. Armed with a million documents printed out, we headed to Detroit from Canada. They were rude from the get go, calling us liars, frauds, that we shouldn’t have been granted the ESTÁ if we answered the questions truthfully, etc. they brought my husband to a cell in a back room and made him remove his shoes, socks and shirt and did a very invasive pat down. Then they made us sit on opposite sides of the room and came back an hour or so and brought my husband to another back room and peppered him with questions about his entire life for an hour and a half. after that they were nicer and started treating us like humans again. And eventually let him pass, stamped his passport for another three month entry, and we were able to attend the funeral. It was terrible, and we swore to never enter again until he had his green card, but he was allowed entry. Just a warning for entering the border via car. The officer did tell us that the worst that could happen is that he was sent back to Canada. And that it shouldn’t affect his immigration case even if he was denied entry. But it was still scary.
  3. Okay so I put my income + my husband's (Spanish citizen) foreign income in line 1 on 1040. Then fill out form 2555 with my husband's foreign income. Then it gets subtracted out of our taxable income on line 15 form 1040. The part I'm still confused about is putting my husband's income in line 1 on 1040 because he doesn't have a W-2...but if I don't add his income to line 1, it only subtracts it (online 8 as 'other income' from schedule 1 line 10) from our taxable income. I hope that makes sense...
  4. I am married to a Spanish citizen. We are still waiting for his interview date for the I-130 visa. I (US citizen) am working on filing taxes. I plan to attach from W-7 to get him a ITIN so that we can file as married, filing jointly. We want to claim the American Opportunity Tax credit because he took online classes in 2021 at a U.S. institution. My question is, where do I put his foreign earned income (only about $7000 USD if you convert them from EUR) on form 1040?
  5. This is a complicated question, but just curious if someone else has had the same issue/idea. Here are the details: I (US citizen) am married to a Spanish citizen. We got married legally in Spain in 2020. We filed I-130 in September 2020. We are DQ'd at NVC, but awaiting interview date still. My husband began taking online classes from a U.S. institution in Spring 2021, which cost ~$3000 USD. He earned from working ~€5,000 in the year 2021. Question: If I file 2021 taxes as married, filing jointly, get him a TIN by filing form W-7, can I claim the American Opportunity Tax credit of $2500? How long does it take to file form W-7?
  6. He only has a W2 because he is an employee of a company. I submitted my 1099 because I was working as a contractor for a company, but not an employee. Given that we submitted the other documents Dec 30, 2021, would you recommend uploading a signed statement saying he doesn’t have a 1099? Does it have to be notarized? Would the 3 month wait start over from the time we upload new documents?
  7. We uploaded all the other documents December 30th 2021. If I submit the I864A for my mom, will the 3 month review delay start over from now? If so, I can’t decide if I should risk it now or wait and see if I get DQd without it like ohiohopeful…
  8. We are currently at the NVC stage after having filed an I-130 petition for my husband (Spanish citizen) and I wanted to make sure I have all the documents required for NVC. We are using a joint sponsor (my dad) who filed 2021 taxes as married, filing jointly. Does this mean my mom needs to fill out an i864A? Even though she does not work nor have any sort of income? My dad’s income easily covers the 125% poverty line requirement. I’ve uploaded my W2, federal tax 1040 document from most recent year and i864, I’ve uploaded my dad’s i864, proof of citizenship (passport), proof of us domicile, W2, federal tax income return 1040 from most recent year, My husband’s passport, passport photos, birth certificate, our marriage certificate, and police certificate. Does it sound like we are missing anything else?
  9. I realize you already commented on my post about this, but just completeness sake I’ll link it here.
  10. Sorry I got confused, but we have travelled one time to the US before we had applied for the visa (pre-Covid too) and twice since applying for the visa/post-Covid. And all three times he was allowed to enter. The two times he entered with the visa pending, we had to go to a back room and they asked him a couple questions.
  11. Sorry, forgot to update this post! He was able to enter the US. But we did have a scare at the airline counter getting our boarding passes. While we were waiting I got an email that the status of his ESTA had changed. I logged in a looked, and it said that his ESTA was expired. Even though I had only done it the week before. When we got to the counter, they said they had to confirm with the embassy that he could travel. We showed them the ESTA (I had downloaded a pdf when it was valid), passports and marriage certificates in English and Spanish. Keep in mind that at this point in time, Europeans weren’t allowed to travel to the US because of COVID. And we were also traveling with our dog. The embassy took a while to answer, and we almost missed the flight because of it, but eventually they said yes and we ran to the gate. When we got to the US (Miami), he had to go in the back room and an officer asked him when he was leaving, what my name was and if we were married. And that he could only be there 90 days. After that, we were home free.
  12. I’ll let you know in two weeks haha. But the last time he visited with an esta and pending immigration visa, they asked some questions, but he was allowed to enter and be there for three months.
  13. In the past I've been unsure about applying for an ESTA while the I-130 was pending. I've asked this question a couple times in the forum so I just wanted to let everyone know that we just applied for an ESTA for my husband while he has the visa pending document review at the NVC and it was approved within an hour. So for others wanting to visit from countries within the ESTA program, hopefully you won't have a problem either!
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