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We received our approval and interview date on Dec 27th with an interview date of February 13.  However, there is a mandatory pre-interview that must be done and we cannot get any medical paperwork or anything done until we receive that date.  It is now 2 weeks before the actual interview date and I still have received nothing.  I'm not sure what to do and my lawyer doesn't seem very helpful either. 

Has anyone experienced this before?  

On 6/17/2023 at 10:00 PM, Jason and May said:

As pushbrk mentioned, a tax return transcript is the most complete form of proof of taxable income that will always (as far as I'm aware) be accepted--at least in light of the interviewer, who is basically the final boss, being incredibly difficult. 

 

If you choose to submit your W2s or Form 1040s, then the rules require you to submit a "complete" return, which includes all schedules and 1099s. Which many of us may not have for various reasons. In lieu of this, you may submit an IRS tax return transcript, which shows all your taxable income in a very complete, very brief, and easy-to-read format. 

 

I realize you have an attorney doing this for you, but if you are interested (so you know and understand), here is the verbiage from USCIS on this issue (from the I864 instructions, which your attorney is probably referencing in telling you your documentation is not enough): 

 

• "You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year." 

 

• "If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income."

 

• And, finally: "If you selected Part 6., Item Number 2. that you are self-employed, you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return." The language of this last sentence applies if you are not submitting a tax transcript, which is why for many of us who are self-employed, retired, or living on investment income, it is easier to just provide tax return transcripts. It avoids unnecessary hassles and potential delays. 

 You may request your tax return transcript from the IRS online, by using IRS Form 4506-T, or you may use your tax account portal to print one (it is the exact same form the IRS sends you when you request it from them, only it's available at will). 

 

To order your transcript from the IRS, you would go here: How To Order Tax Return Transcript. 

 

If you want to sign into your tax account (or set up your portal), you would go here, and then everything is in the dashboard on your homepage: IRS Tax Account Homepage. 

 

I hope this helps. 

This is extremely helpful!  Thank you.

I just made an account and downloaded the transcript - very simple.

I assume this is indisputable proof because it contains a tracking number that can be traced back to the IRS?

Just now, pushbrk said:

Looks like you don't have a schedule C because you are not in business. Your income comes from investment dividends. Your current income is $37,000. What's your household size?

You could also add any investment statements that state the amount of the dividends.  Dividends in even thousands, is going to look rare.  I would go ahead and state and document the liquid cash, but skip the home equity or any other real property.

My household size is just me and my wife when she arrives here so if the income states 37k that should hopefully be good?  I see what you mean with the round numbers but that was just an intentional thing since I solely took the money for this visa process.

I'll skip the home and property then since its very complex to explain and just show the liquid cash as well.

Hopefully this is enough.  I appreciate your response 🙏

8 minutes ago, pushbrk said:

A copy of a complete tax return including all schedules is accepted.  Consulates accept that if you are willing to state the income to IRS, and pay the applicable taxes, that the income is real.  Your full tax return or Tax Return Transcript absolutely IS how the self employed show evidence of their income.  Works every time it is tried.

 

Note that it is the schedule C that details revenue minus expenses to produce the "total income" number on the first page of the 1040.

 

Only if your lawyer is saying that the 1040 alone without the other schedules is insufficient, would they be correct.

I have other schedules attached to the return but I don't see a schedule C for some reason.  Only schedule B and D.  On my 1040 this is what I show:

I am hoping this is correct as I purposefully planned on taking this exact amount to more than cover the minimum but I am afraid that my accountant may have done too much deduction?

I can also provide proof of several real estate assets but they are held in various LLC's owned by my main LLC.  I also can provide proof of a lot of liquid cash in excess of 500k+ as well as 100% ownership of my home. 

I am just stressed and worried since the 1040 thing got denied for my friend last week.  Do you think this would all be sufficient enough evidence?

I am self employed and I do not have a W2.  I only have a Form 1040 to show as proof of income and my lawyer is telling me that that isn't going to be sufficient.   Has anyone had experience with this or is the form 1040 sufficient?  My friend just submitted a 1040 and they denied him for lack of evidence.  He had to get a joint sponsor with a W2 but I have no way of doing that 

3 hours ago, CarlosV said:

I've been checking the status of my case at USCIS.gov. Currently says Your case is taking longer than expected to process. You do not need to take any action at this time. I have been waiting for almost 1 year since I submitted the application and nothing. Any thoughts?

I came here to see if anyone else has the same message.  I guess I'm not alone 

My wife has traveled at least 8 or 9 times to the US since we have been waiting on our i-130.  They hardly ask any questions.  I do think the extended history of short stays plays into our favor though 

I am waiting on processing from the Nebraska service center for the I-130 and the timer was down to 5 months.  My friend also got married recently and his was down to 3 months.

As of today, mine says 8 months and his says 6 months. 

Has anyone seen this happen?  I see that on the chart it says applications from August 24, 2022 are being processed but his was submitted on July 9th, 2022.

55 minutes ago, JKLSemicolon said:

You sound like you're figuring things out but just in case I am going to summarize the main points you should know.

 

Your process would look like this:

• Get married in Costa Rica
  • Or, since your fiancée has a B visa, you could get married in the US (provided she is admitted by CBP and returns to Costa Rica afterward)
• File the I-130 petition, specifying in the appropriate section that the beneficiary will apply for an immigrant visa abroad at the U.S. Embassy in San Jose
• After marriage, your wife could continue to visit you in the U.S. on her B visa, provided she is admitted by CBP. See the attachment for ways that she could prove ties to Costa Rica, and remember that she should always be truthful with CBP officials. Read through this thread as well.
• After your wife receives her spousal visa (which is currently averaging 603 days from filing to interview worldwide according to VJ member statistics), pays the immigrant fee, and enters the US, she will be able to receive her Permanent Resident Card and Social Security card, and can use the passport stamp evidence of permanent resident status in the meantime.

 

Also related to some things you mentioned:

• If your wife enters the U.S. before your 2-year wedding anniversary, she will get conditional permanent residency and you will eventually need to file the I-751 (removal of conditions). If she enters the U.S. after your 2-year wedding anniversary, she will receive a 10-year green card and no removal of conditions will be necessary.
  • Once issued, the spousal visa typically expires 6 months after the date of the medical exam, so if you want to delay the process in order for your wife to get a 10-year green card you can let the case sit at NVC (where it goes after being approved by USCIS). NVC's requirement is to log into your account or contact them at least once per year in order to keep the case from expiring.

 

CBP.Evidence.of.ties.to.home.country.pdf 451.94 kB · 1 download

Super helpful!  Thank you for making this clear 

14 minutes ago, payxibka said:

You don't have it figured out..

 

If you go the i130 for consulate visa processing,  you NEVER fill out the i485.  They are mutually exclusive 

Okay even better!  Thank you 

I think I have figured this out:  If you have the I-130 approval and do not file for I-485, you just need to contact the NVC once a year to extend the validity it seems?

4 minutes ago, Jorgedig said:

If you're doing a spousal visa (vs fiancee visa), your partner will have a green card right away.  When they arrive to the US with their CR-1 visa, the stamp given by CBP serves as a temporary GC, until the physical plastic card arrives.

 

All B2 entries are at the discretion of CBP.  Best chance of admission is to show strong ties/reasons to return to home country.

 

Btw, green cards are for living in the US, so depending on how much time your fiance plans to spend outside of the US, it may not be practical.

Well she would be traveling about 1/4 of the year outside of the US and also working in the US as well so the green card would be practical.  However, I am a little confused because it says after the I-130 approval, you only have one year to file a I-485 but you're saying you receive the green card right away? 

I am planning to get married in Costa Rica and I am wondering the best way to go about this situation:

My finance has a career over there so the plan would be for her to travel back and forth as needed which I know you can't do with a K1 or during the i-485 process.  Also, the I-131 would be too much time away from work as well.

I have talked to a law firm and seen a few people on the forum mention something about a 2-6 week time period to get a green card after receiving the marriage visa?  I can't seem to find any information other than the form I-751 but the USCIS website says 5-15.5 months for that.  Is there another thing that I am missing? 

Also, she has a b2 visa and I have heard that during the I-130 wait time, you can technically travel into the US but can be tricky.  Has anyone seen any major issues with this?