roughlyworried

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

32 minutes ago, Chancy said:

 

Almost guaranteed that they would compare, as they do check the applicant's entire US immigration record.  We've seen many reports here on VJ of immigrant visa applications denied due to discrepancies with prior tourist visa applications.  But not with address dates, which are not really significant for immigrant admissibility, unless the applicant knowingly hid having resided in certain countries like North Korea or Iran.  The denials were due mostly to discrepancies in marital status or family info, like lying about being married in a previous tourist visa application in the mistaken belief that doing so would increase the chances of being approved.

 

27 minutes ago, Crazy Cat said:

Deleted.  See @Chancy's comment above.

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. 

2 minutes ago, Chancy said:

 

NVC does not get involved with B1/B2 applications, but the Department of State does keep the submitted DS-160 in their records and the consulate will have access to it.  That said, minor inconsistencies with dates is unlikely to be an issue.  No need to worry.

 

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. 

18 minutes ago, Boiler said:

They certainly keep track

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.

26 minutes ago, JeanneAdil said:

https://www.irs.gov/instructions/iw7

Read it

 

passport is a "stand alone document"  meaning no other Id is needed if u use that

marriage certificate is needed when doing W7

 

but there is a whole list of other documents that can be used (2 of them are needed and one must have a photo ID)along with the ma

u do not have to include foreign income if doing MFS

MFJ include income amount and use form 2555 to exclude up to $108,700 for 2021

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?

2 hours ago, Mike E said:

Is there   a law that says a sponsor has to be below a certain age?

There’s not, but I’ve seen and been told by multiple people there’s a high chance it won’t work.

10 minutes ago, pushbrk said:

Proof on income for 2022 cannot be done with bank statements.  It must be with a tax return.  You are self employed as a trader.  Your current income comes from your latest tax return.  Believe it.  Own it.  Nothing to argue here.

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?

5 minutes ago, Crazy Cat said:

Only if the foreign spouse has either an SSN or ITIN.

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.

57 minutes ago, SteveInBostonI130 said:

Both the embassy and the IRS cares that you file correctly.  MFS.  Amend your tax return.

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!

4 minutes ago, Crazy Cat said:

Sending a copy of the complete 1040 package instead of a transcript is acceptable.  The IRS does not typically send you a document after tax processing.  

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

7 minutes ago, SteveInBostonI130 said:

Both the embassy and the IRS cares that you file correctly.  MFS.  Amend your tax return.

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.

56 minutes ago, Stu W said:

We're at Nebraska and we're still not being actively reviewed either. Im hoping that it won't matter and that they'll get to us in the expected time frame. From what I've seen from others some cases are being actively reviewed in a day to others who have the status for 10+ months. All we can do is wait and see I guess.

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

On 9/1/2022 at 9:21 PM, Lady Lamb said:

Yes, if they stay with the way things have been going , hopefully you hear something this month. Please keep me posted. My PD 10/8  Approval 7/13 .

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.

40 minutes ago, pushbrk said:

The self employed show their income with a tax return, so it is not difficult at all.  Your "current income" comes from the line called "total income" on your tax return.  If you earn enough income to be required to file a tax return, then you file a tax return and tell the truth.  There is always an issue when you lie and cheat, so yes.  You have the assets, and there are legal documents that show they are yours.  If you dissolve the trust and take the assets out of the trust, there will be a legal paper trail on that, to use as evidence.

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). 

14 minutes ago, pushbrk said:

The self employed show their income with a tax return, so it is not difficult at all.  Your "current income" comes from the line called "total income" on your tax return.  If you earn enough income to be required to file a tax return, then you file a tax return and tell the truth.  There is always an issue when you lie and cheat, so yes.  You have the assets, and there are legal documents that show they are yours.  If you dissolve the trust and take the assets out of the trust, there will be a legal paper trail on that, to use as evidence.

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.

26 minutes ago, pushbrk said:

The answer isn't in the guides.  It's in the I-864 instructions.

 

What evidence do you already have to show this is an inheritance?  A will, or the terms of the trust that says it's a trust from an inheritance will do nicely.

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.

5 hours ago, pushbrk said:

It would work to transfer cash to your account if you can provide clear evidence it is an inheritance instead of a loan.  Cash is liquid, but real estate is more problematic because you must provide evidence of it's worth and evidence of your equity (or that it's paid off).  If you have enough cash, you can ignore the real estate for purposes of the I-864.

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.

5 hours ago, D-R-J said:

I’d get these people to co-sponsor if they are willing.

 

I used assets but still sent my wife in with paperwork for co-sponsors just in case.

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?

1 hour ago, Lil bear said:

They want to see assets in your name for longer than 12 months   Assets must be more than 3 times the minimum required level and able to be transferred  into cash assets within 12 months. 
 

My take .. get a joint sponsor .. or a steady income producing job 

33 minutes ago, Boiler said:

I agree that the safest option is above, theoretically you should be fine but it is a judgement call.

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.

18 minutes ago, Icedgem said:

I totally agree. In fact I see posts occasionally from couples that have split up during the wait and the US spouse withdraws the application. It’s crazy. I’m lucky too as I’m quite independent and don’t mind a bit of time on my own, but the months between my visits to the US can get tedious and lonely especially during the holiday season. I think the USCIS has the worse reputation for immigration than anywhere else. They really just don’t seem to care.

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. 

15 minutes ago, Timona said:

 

There's nothing to worry about. You're making a mountain out of an anthill. 

Understood. I’ve been known to do that. 😳

Thanks for your replies.

4 minutes ago, Dil & Malar said:

AT LEAST THEY SHOULD ISSUE K3 visa, the purpose of K3 was designed to give temporary relief.  But unfortunately they stopped it.

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.