gydhuerta

Appreciate your input! Will come back in three weeks or so and give an update, we are hoping no waiver is needed. 

Yes, this is the removal notice he received. 

Other than that, he doesn't have any issues. Never lived in the U.S or other attempts. 

My husband completed his 5 year ban on 9/17/2023. 

He has his interview in February. Is it likely they will still ask for an I-212? And in case they do, can we appeal that decision since he has already fulfilled the 5-year ban? Or what other option would we have if that were to happen?

I have our consular appointment on February 1st, we were DQd 3/6/2023.

I'm planning on filling out a new-864EZ form for the most recent tax year (2022) and uploading it as an "additional document" to the CEAC website along with updated tax transcripts (2022) and W-2 (2022). 

Would this be the latest form? It says it expires 12/31/2023 but I can't find another form on the USCIS website. 

Thanks, 

On 2/16/2023 at 7:58 PM, pushbrk said:

Of course it's sufficient.  What else could possibly be needed?

Just wanted to make sure, really appreciate you answering all my questions and helping me feel more confident about the process!

I submitted all the documents yesterday so hopefully we get DQ without any issues! Thanks again!

Do you all think that should be sufficient? Those are all the documents he was given regarding the removal. 

These are the documents that he was given: 

Hi All! 

Do you know what documents are accepted for the ”Deportation Documentation”? 

I wasn’t able to find any information in the NVC website and want to be sure the documents will be accepted. 

A brief overview of the case: The applicant has a illegal entry attempt.  He was detained (2 days) and then had a hearing were he was removed and given a 5 year ban which will be completed this September.  

On 2/9/2023 at 2:53 PM, Family said:

Based on OP , the I-130 was already approved and they are at DS-260 stage. 
 

OP, answer yes to both questions and provide details of the 2 day in detention along with being denied admission and expedited removal. 
 

Once he gets to the interview, you will know if there are any other issues 

Thank you, I did answer the questions (as shown above) and tried to provide those details. 
Do you know if there are possibilities that he will be required a I-212 waiver even if he has his interview after the 5 year ban?

On 2/10/2023 at 11:08 AM, iwannaplay54 said:

Cant say never unlawfully present when you were ordered removed for what appears to be unlawfully present.  
 

Under what circumstances do none of these apply?  Looks like the more than 180 days if he got a 5 yr ban? At a minimum unlawfully present and ordered removed is yes.

 

Illegally entry is unlawfully present.  At least two of these are yes.

Good point - I didn't catch that. I have updated the answers to the questions highlighted in yellow since he would be considered unlawfully present for his illegal entry attempt. 

Regarding the other comment about being unlawfully present for more than the 180 days,  I kept the answer as "No" since the only time he was in the country were those two days that he was in the detention center.

Also, what do you all think,  should the "Have you ever traveled to any countries in the past five years?" be "Yes" ? No other travel other than the illegal attempt. 

12 hours ago, JKLSemicolon said:

We used the taxpayer ID from her return in Ecuador. Edited to add: this was the number from box 6b of Form W-7. However, you may consider using the identification number from the document in part 6d of the W-7 instead?

 

The format for the document I sent is below (slightly updated after looking at the current IRS language):

 

 

Note that I actually did include the parentheses after the identification numbers specifying what each one was.

 

Hope that helps.

This was so helpful, thank you so much!!
I will be using the format you provided and will provide his taxpayer id from his country! Really appreciate your help. 

On 5/17/2021 at 6:11 PM, JKLSemicolon said:

Since today is the regular filing deadline for 2020 taxes, I am starting a thread to share experiences on filing jointly while requesting an ITIN for the foreign spouse.

 

Our situation: my wife is outside the U.S. waiting for a CR-1 interview. I wanted to file jointly before the deadline, since I could not submit a federal extension without a SSN for her. I also didn't want to file separately (even if amending later) since that would result in owing a lot up front. I used TaxAct for the first time this year and have no complaints. I have used other tax software in the past but tend to go with whatever is available through free filing options, which can change from year to year.

 

With that in mind, my timeline so far is:

• Late March: submitted a (paper) extension request for my state return, explaining that we are applying for an ITIN with the federal return and could not submit the state return until that was assigned
  • No response received
  • Mid-April: called the state taxpayer hotline and was advised that if I didn't receive a response to the extension request by the May 17 deadline, to submit the return with the spouse's SSN left blank and then wait for them to request the missing information
• Late April: visited my wife abroad and got necessary signatures and documents from her
• May 5: USPS Priority Mail Express envelope received at IRS Austin address containing the following:
  • Nonresident Alien Spouse Election Statement (signed by both of us, prepared based on this IRS guidance)
  • Form W-7 signed by my wife, plus supporting documents:
    • Original state ID (to establish identity) - the details for this were included on part 6d of the form
    • Certified copy of birth certificate (to establish foreign status)
      • Accompanied by an additional information sheet with her name and "Form W-7" at the top, containing all the details requested in part 6d of the form - not sure if this was necessary, but I didn't want to chance it
      • Also accompanied by a translation that I prepared and signed using the typical certification statement found in these forums
    • Certified copy of marriage certificate (since the birth certificate had her maiden name and everything else used her married name)
  • Form 1040 (signed by both of us) and all relevant schedules/forms
  • W-2
• May 15: USPS Priority Mail envelope received at PO Box for state returns, containing:
  • Cover letter explaining the situation
  • State return signed by both of us (SSN for wife left blank per the instructions I had previously received over the phone)
  • W-2
  • Copy of the extension request I had previously submitted (stamped as "file copy")
  • Printout of the "How do I apply for an ITIN?" page from the IRS website, highlighting the part that says how long it's supposed to take

 

Now all I can do is wait patiently and hope I did everything right. I will update this thread if I have any news.

 

Anyone who is going through the same process, please feel free to post your own timeline.

 

Currently under a similar situation. 
For the declaration statement what identification number did you provide your spose? We are submitting the W-7 form so not sure what to provide .

Thanks!

Thanks everyone for their input. I filled out and answered "Yes" to both questions and gave a brief explanation. 

But a few more questions, would you all agree these is the correct way to answer the questions below? Just want validation/opinions on how to go about answering them. 

(Some background info, after being detained for two days he did have a hearing were he was given the 5 year ban by the judge. He has never lived in the US and that's his only illegal entry).

If that doesn't align with the answers I chose please let me know!

Answered "Yes" to being removed from the U.S. and having a removal hearing

Believe none of those apply to him 

Unsure if this one should be "Yes". 

Hi!

I have a few questions about the DS-260 that we are unsure how to answer 

Questions:

1. Have you ever been in the U.S? (Yes?) (Length of stay: 2 days?) (Those were the two days he was in the immigration detention center)
2. Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry? (Yes?)

My husband was given a 5 year ban for an immigrant attempt back in September 2018. 

Thanks all!

2 minutes ago, Boiler said:

Does he have any other issues.

No, that is the only issue he has.  That was his only illegal entry attempt and since then he was been living in Mexico with no criminal history or such. 

3 minutes ago, pushbrk said:

Looks correct.  The ban should be well past by the time the immigrant visa is ready to be issued.

Thank you! And yes, I'm sure we will have our interview after September of next year so we no longer have to worry about the 5 year ban. 

Last question,  since my husband doesn't speak English and I can't select the "1a. I can read and understand english..." checkbox and I'm forced to check 1b. stating that we used an interpreter, would I have to put myself down as the interpreter?

Hi guys, 

I have finished filling out both the I-130 and I-130A and before submitting I wanted to get reassurance that this is correctly filled out. 

My husband was given a 5 year ban on 9/15/18 due to a illegal entry. He was given this paperwork, given that is this how we would fill the I-130 out?

Thank you!!