roughlyworried

Further, is the consulate likely to bring this up and ask her during her interview? If so, what are they likely to ask?

I just referred back to my old documents that I saved and some pictures, and we filed her as married(which we were), with an attached marriage certificate, my ID and passport. So on that end we are good, I never lied to them about being married to her. Although I don’t particularly remember what we put down as her purpose for visiting, although I think I would have put down to visit family since I listed her as married haha. I also looked at a DS-160 online to see the questions again, and what they ask for is not address history like I thought, but employment history. This maybe an issue since she’s had small part time jobs and we may miss one from the tourist visa application if I’m being honest. So that’s really the only concern at this point, missing a job and/or dates of a job and forgetting the exact thing we selected for her trying to come over.

Ok great! I’m hoping it will be just minor inconsistencies with dates and not actual addresses (as I tried to enter the addresses into English the best I could), so I have a feeling there will be a lot of inconsistencies. We also never showed up to the interview. I wanted to cancel it, but wasn’t able to contact them.

Wonder if they would actually compare it though. And what they do if they found a discrepancy in address dates

Now this might be an outreach here, but it could definitely be possible. My wife filed for an interview back in 2020 for a B1/B2 (DS-160) for us to meet together. Once we saw the difficulty behind it, we decided to just cancel the interview and meet in a third country. Anyways, moving on to now, we are getting close to the NVC stage, and will have to file a a DS-260. There’s only one problem. When we did the DS-160, we answered the questions of her employment and address history the best we could since it’s not something she clearly remembers. And now, we don’t remember what dates and such she put on the DS-160. Soooo, we will most likely have some conflicting data for the DS-260. I’m curious of your guys opinions if they would keep track and compare info such as employment history and address history from previous applications. And if they did, would they issue an RFE based on it. Maybe a stretch, but a little thought that came to my mind recently.

Don’t think I’ll be filing jointly because of the complication and time it would take. Most likely separately, which would mean doing a W7 is irrelevant correct?

There’s not, but I’ve seen and been told by multiple people there’s a high chance it won’t work. Forgive me for my ignorance. I’m trying to get a complete understanding. My MAIN question here is in reference to part 6 on the I-864. I’m asked for my CURRENT years income. I’ve only had this freelance work for the past 6 months. So there is nothing on the 2021 tax return in reference to this work. All I have to prove it is transactions on the blockchain (crypto, which I was paid in) and cashing out of the crypto into my personal bank accounts for my 2022 income. I honestly think it’s going to be very hard to explain any of this to the NVC, and personally I’d rather leave all of this current years (2022) income out and not even report it on the I-864 (will still report my income to the IRS for 2022 in 2023 after NVC filing of course). So considering this, here is the question: if my joint sponsor who is considering signing for me does sign, would it be illegal, immoral, in any way wrong, or could bring up issues at the NVC or down the line at the consulate if I report my income for 2022 as zero for reasons of not being able to prove that income sufficiently?

She does not have either. And I’m thinking it would be a bad idea to try and get an ITIN for her just before NVC processing as they might see it as contriving evidence? Last question, does the NVC/consulate accept 1040-X returns? I can’t find any info on it. If so, do I need to submit the original 1040 along with a letter explaining the change or just the 1040-X? Im currently still in USCIS processing, but just gathering up documents beforehand to be ready.

You said MFS (married filing separately). Is that the only option with a foreign spouse? Is it possible to do married filing jointly? I imagine she would have to prove her income too then…if so, that would be a headache with foreign income. I’m not familiar with anything to do with taxes, so any help would be appreciated. Thanks!

So I would just send the NVC what I send the IRS? It would be a 1040-X.

Understood. It’s a 1040.When it comes to giving to the correct form to the NVC, would you know if I can just submit the document I submit to the IRS or I need a different form the IRS would send me after the process a 1040?

Title says it all. My CPA filed me as single even though I’m married. My understanding is that even if your spouse isn’t an LPR or citizen you need to file as married filing separately. Now I can get the amended tax return, but IRS is currently taking 4 months to process them and my time to file for NVC will like come sooner. And if I do amend it, I assume I can’t use the old one to file for NVC sooner…. Anyways, is it worth it to Amend? Would the NVC dislike/and or care that I filed as single even though I’m literally going through this process married? Also, the most important part is with the consulate when they review the I-864 documents and financial documents and see that I’m separating myself on paper from her in my taxes? In my mind I could easily see this becoming a reason for them to think the relationship isn’t bona fide, although I will probably have a joint sponsor of some sort.

I wonder if it actually means anything. I haven’t seen any other cases that didn’t have it the whole time and then suddenly had it 1 day and got approved. Would you mind pointing them out to me? I follow a lot of cases that have relevance to mine. 😆 Thanks

I saw you were at Vermont? I’m also at Vermont. NOA1 December 15, 2021. I haven’t had any notification of it being actively reviewed. If I may ask, when did you get a notification is was being actively reviewed?

I’m in Vermont, still no notification it was being actively reviewed. Wonder if that’s a bad sign or good sign. But it seems everyone else gets a notification about 5 months before their approval, so getting worried my application got lost in the books and if I’m looking at a year and half left to go.

Sorry for another post, but I had also seen somewhere that you need to be self employed for 1 year to use it? I’ve only been “self employed” since March 2022. It will be reported on 2023 tax returns, but like I said earlier until then I have little to no evidence of that income (and all my income is paid in crypto) . Also between 2022 would be when we filed to NVC and 2023 would be for the interview. Which is why I’m asking if it’s REQUIRED I put all income, since if I even try to explain all this to them, I feel like it may get an RFE whereas if I list my income as 0 for 2022, but use my joint sponsor then it would be less likely. However like I noted previously, this could conflict when my wife goes to her interview and they ask what my job is (by that time I’ll have a part time job though).

Understood. I did plan on putting my 2021 tax return. I mean in reference to the 2022 tax year though as I won’t have a tax record when we file at the NVC. But they want proof of income for all of 2022 no? Proving that with bank statements/crypto as a self employed freelancer…it’s all comingled with personal bank accounts.

Yes, they have a trust set up for me. also in regards to MY income if I’m able to find a joint sponsor, it is free lance income from crypto, so that’ll be very hard to prove or understand. My question is, when I go to my income, should I just put 0 even though I do make an income but don’t want to use that to sponsor? In addition, when it comes to my wife’s interview at the consulate and they ask her what my job is, and she states crypto, would they have an issue seeing the I-864 reporting my income as 0? Many thanks.

Ok, thank you. I can’t seem to find an answer to this on the guides, but what are some clear evidences they will accept that it was inheritance? I’m hoping to not get a RFE first time around. They are way to old sadly. Also, I can try to use a family member as a joint sponsor that is younger, but i don’t fully trust that family member (his wife) and have this fear that they will try to sabotage something.

Furthermore, could I prove the house was previously in trust for me by family but was transferred early? It’s paid off. Also bank accounts with large sums of money. If transferred to me, could I prove it was inheritance and therefore able to be listed before the 12 month period of ownership?

Ahh, sadly it would be in my name for only a few months. However I could get way over the minimum. I’m having trouble finding a family member to do it, and the only ones ready and willing are in their 80s…though they are very well qualified.

Hello, So long story short, I’m only 20 and have made very little income up until this last year (2022), and even that income is hard to prove since it was from day trading crypto. I’m having trouble finding a joint sponsor who will commit for me. Anyways, I do have a significant amount of cash and properties in trust for me from my family. If I were to have them transfer ownership of such assets (CDs, bank accounts, properties, and so on) to me, how much value would I need? I know atleast one house I would get is worth around $150k, and in addition I could get cash. How much would I need? I saw somewhere it says 5 times the amount of missing income. Would that mean 5x~$25k since I would report no income? Also, would they even be likely to accept it, especially if it was just transferred to my name? Thanks.

Man. I couldn’t ever do that to my wife, but I can see if some people are hopeless why they might consider that. Let’s stay strong and keep at it.

Understood. I’ve been known to do that. 😳 Thanks for your replies.

Yup. I mean like I said, I think it’s just an outdated system that is understaffed, unnecessarily nitpicky, and worst of all uncaring. I would love (but also have sympathy for) to see some of the IOs who constantly have issues with everyone have to be apart from their family or loved ones for years. Anyways, time to end my little rant. 😂. Let’s all hope we are close to the end of the process and can get going with our lives.