bck86

On 4/30/2024 at 5:42 PM, Chivita33 said:

Tone clear, I am trying to sponsor my wife from Cambodia to America. So the fee is $675?

It’s $675 if you file by paper (mail) or $625 if you file online which is the recommended way. But keep in mind, that is just the I-130 filing fee and there are several other costs and fees associated with this process.

After nearly 4 months, we've received our interview date for June. 😀

On 3/11/2024 at 2:54 PM, ak89 said:

Is anyone in this group DQ’d but still waiting on an interview appointment? It’s been over 6 weeks since DQ and still waiting on the Dublin embassy. It’s so frustrating that no info is available regarding the wait times for immigrant interviews! I did email the NVC to see if they’d share what dates the embassy is currently scheduling for but got nowhere. 

I know it's been a few weeks since you asked this, but thought I'd pop in to say that I've been DQ since Jan 2 and waiting on the Cambodia embassy for an interview going on 3 months this week. 😓

1 hour ago, Dataunavailable said:

Thanks, I'll update once it's over. Crossing our fingers for a good outcome this time. There has not been any new Phnom Penh embassy reviews for a long time. 

 

Are you part of any other socialgroups, facebook groups etc? My wife is in one on facebook, but they all message in Khmer so I can only understand small pieces until she translates for me. But they give good information there too. Since it's Cambodia specific. 

I’m not but my husband is so that might be helpful! What’s the name of the group?

Good luck to you @Hex123 and @Dataunavailable on your upcoming interviews. If you could please share how it went after they’re complete, or message me if that’s better, I would appreciate it. I’m still waiting on my interview date. 😭

On 3/24/2024 at 2:42 PM, MylieBray said:

You understood correctly that there are deadlines for filing a tax return. Filing an MFS or MFJ return depends on your specific situation and financial obligations. Waiting until your spouse arrives to file a joint return has its risks, especially if you're expecting a refund.

Can you please elaborate on the “especially if you’re expecting a refund” part? Why is that riskier than if you owe taxes?

1 hour ago, Redro said:

Some consulates request the most recent tax returns when the interview is after April 15- even when the case has been DQ’ed before April 15. I won’t say why some request it and others don’t… but if they want to delay the case that’s one of their tactics.  You can probably submit a request for extension in the event they request your 2023 taxes. 

Thanks for this info! I think I’ll file for an extension so I can go with my Option 2 and hope that if they get to us before I get to Thailand in May-ish to file the taxes, they’ll accept that I have requested the extension. 

1 hour ago, Crazy Cat said:

The source you posted does NOT say you can legally delay filing taxes for 3 years.  It says after 3 years, you would lose any refund.   You cannot delay filing taxes for 3 years if you want your immigration case to proceed.

 

Your options are to file as Married Filing Separately now, then amending the return after spouse has a SSN.....or getting your spouse an ITIN, then filing a joint return. 

You’re right, it says there’s no penalty for not filing by April 15 if you don’t owe taxes. I was posting here to check my understanding.
 

I appreciate your knowledge across these forums, and I think based on everyone’s answers here and my own understanding, I’m going to go with filing an extension and then Option 2 of filing MFJ at a CAA when I go to Cambodia and Thailand in a few months.

10 hours ago, NorthByNorthwest said:

 

If you think he'll be in the US well before October 15 I'd just file IRS form 4868 to get the automatic 6 month filing extension, have your spouse tick the box for getting a SSN on his DS-260 and not bother with amended return or ITIN at all, but if you're DQ I'm guessing you already submitted DS-260? What did you state on there for SSN?

I do think (hope) he’ll be here before October 15. Been DQ since January 2. Already submitted DS-260 and definitely checked the box that we’d like to get his SSN.

1 hour ago, Redro said:

I remember a few months back a user was having issues filing an amended return. They wanted to get the refund they believed was owed to them but the IRS wasn't having it. They also owed taxes so that complicated the issue. 

@bck86 has the interview been scheduled or are you still waiting for the interview date?

Some consulates can be tricky and request to see 2023 taxes at interview when the interview happens after April 15. 

So, I would do option 2 you suggested in your post. Go to Thailand and file MFJ there. This way you will have proof you filed taxes in case the consulate requests it. 

Amending is definitely something I’m not interested in, too much paperwork. But we are for sure owed a refund, we won’t owe taxes.

Just waiting for the interview date now. A couple of people who were waiting for interviews in Cambodia got their interviews 5-6 months after DQ so I’m hoping mine is coming soon, been DQ for almost 3 months now. 

1 hour ago, Crazy Cat said:

For immigration, that won't work.  

Do they require a filed tax return, even if you aren’t legally required to file it just yet? I can obviously provide W-2s for the past calendar year, make well over the financial threshold, and we have proof of joint finances (property ownership).

Just now, Ellie_7 said:

The IRS does not state a passport is the only document one can use to apply for an ITIN.  A passport can be used but the IRS states:

 

"There are 13 acceptable documents, as shown in the following table" - see "Supporting Documentation Requirements" here: https://www.irs.gov/instructions/iw7#idm140054953680896

 

Ah I totally missed that. THANK YOU! That being said, the issue remains that all of his certified documents are in Cambodia and I have no way of getting them. I'm assuming certified copy means not a photocopy/PDF of said certified document.

Do you happen to know, then, if I can do my Option 2 beyond the April 15 date once I go to Cambodia and get a certified copy of his birth certificate from him?

8 minutes ago, NorthByNorthwest said:

 

In that case it seems like an easy choice. As the IRS page states you will need to get an SSN or ITIN for your spouse if he doesn't already have one.

I appreciate your responses, and I am aware of these guidelines. I guess I could expand on why I'm not doing the ITIN approach to begin with. To file the Form W-7 for ITIN with my MFJ return, I'll need to include my spouse's physical passport, correct? But he is in Cambodia and currently waiting for his interview date, so I have no way of getting his passport, and we wouldn't want to send it anyway since he will need it for his interview and we don't want to risk him not having it. We're hoping our interview is coming soon. So I believe that means I cannot file the W-7 with my return by April 15.

Therefore, I feel like I have two options:

• Option 1: Delay filing my tax return until he arrives in the U.S. At that point, he'll get his SSN soon after and we can file like regular. My understanding (and please correct me if I'm wrong) is that this would be an okay solution because, since we are owed a refund, we actually have up until April 15, 2027 to file said return with no penalties (see here).
• Option 2: Delay filing my tax return until I go see him in Cambodia. We would actually then need to fly to Bangkok (no problem) to visit an IRS-approved CAA where he can present his passport in person, and we can file the tax return with W-7 without having to surrender his physical passport.

Either option would require me to file after the April 15, 2024 filing deadline.

I suppose my question is, is my understanding of the above correct? And if so, does it sound like a good idea?

Just now, NorthByNorthwest said:

You can file as MFJ but then you need to report your spouse's foreign income as well:

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

 

Depending on your situation this may or may not work out in your favor in the end.

Yes, I'm aware. My spouse has no income so this works out incredibly favorably if I file MFJ, which is why I'm pretty adamant about filing it that way.

I have read dozens of posts and see that the common advice is to file Married Filing Separately if your spouse is still abroad. In my case, there is a significant tax liability difference in filing MFS and MFJ. Here's my conundrum:

• If I file MFS, I will owe a couple thousand
• If I file MFJ, we will get a refund of several thousands
• My spouse is abroad, has never been to the US, and we are currently DQ and just waiting for our interview letter

I read that if you are owed a refund, you can file your taxes up to three years after the filing deadline for the tax year. In this case, I would theoretically have until April 15, 2027 to file and get the refund. However, of course, if you owe, you must file by the regular deadline.

There is obviously a risk in waiting until he comes to the US to file the taxes, but is it a legally viable option for me? Do I have a correct understanding of the rules? I'm really hoping for our interview letter any day now, and at least if we had that I'd feel more comfortable with the decision to wait. Am I being silly, and should I just file separately and pay the thousands, even knowing I should actually be owed several thousand more?

The other thing is I'll be visiting him this summer, so an alternative option would be to file MFJ at a CAA when I see him, but it would be after April 15.

Thanks in advance!

3 hours ago, Dataunavailable said:

What was your DQ date? I'm in the U.S and the email came around 1am my time. 

Jan 2, so quite a bit after yours. I’m in the U.S. too and will anxiously await my turn. 😄 As soon as I get the interview date, I plan to book a flight to be there.

On 3/1/2024 at 2:24 AM, Hex123 said:

Great news !!! I just got an email from NVC that my interview appointment has been arranged on 1 April 2024. 

6 hours ago, Dataunavailable said:

We also got email for early April interview. 

Wow, congrats!! No email for me, but happy for you both! And really happy to see any kind of CR1/IR1 action from the Embassy at all. That means I’m moving up in the queue too. Yay!

5 hours ago, Dataunavailable said:

Still nothing, according to a few in a Facebook message group, some are waiting over 5 months now since DQ. 

Breaking my heart. 💔 Every day I keep hoping today is the day. I didn’t realize this would be potentially as long as the initial I-130 approval.

23 hours ago, Dataunavailable said:

They said they don't have the petition and to contact NVC through the public inquiry. I had my congressmans office send an inquiry to NVC, waiting on that response now. 

 

I think they are extremely backed up with B1s and 2s, they've been approving around 900-1000 for the last few months now. I don't know where the CR1/IR1s sit in the order of things.

It's fine I guess, since at this point my wife will be IR1 upon entry to the U.S so we won't need to mess with the 751 and just get the 10 year right away. 

Sorry, I meant what was the response from NVC but it sounds like no response yet.

There’s a silver lining for you! My husband and I won’t hit 2 years until Jan 2025. If this ends up taking until we qualify for IR1 then it will have taken way too long, so we’re kinda lose-lose either way in that regard, haha.

19 hours ago, Dataunavailable said:

I got a response, it just said the embassy does not have the current petition and to contact NVC through the public inquiry form.

 

Did you do that, and if so, what was the response?

The interview schedule updated again this morning and they have officially passed my number so my hope that they’re going somewhat in order is once again dashed. 

On 1/26/2024 at 7:44 PM, Hab304 said:

Yes thanks for the advice. I did check the interview scheduled in the embassy webpage but my case number is 202362 which is already pass. I don't know if this is normal or I should be concerned. If you can update us about your case once it's pass your case number I would be appreciated. 

Ah, that’s a bummer. Thanks for the info. If I were in your position, I would submit a question to the Embassy to inquire about current wait times specifically for your visa type.

https://kh.usembassy.gov/visas/immigrant-visas/immigrant-visas-family-based-immigration/questions/

I’ll be sure to update here when I hear something. Hoping for good news for both of us soon. 🤞🏼

Sorry for the double post, but I'll also add that when I started looking at the interview list... which I now realize was since 1/15, not a few weeks ago... they were on case numbers 2023818. 

I'm also waiting on the Cambodian embassy. Have you, by chance, seen the document with currently scheduled interviews here? https://kh.usembassy.gov/interview-schedule/

I've been tracking it for a few weeks and it looks like they're going somewhat sequentially by case number, just based on my observations week over week. Would you be willing to share if your case number falls within the range of already scheduled interviews (and was maybe skipped over) or if it hasn't come up yet?

The reason I ask is because my case number starts with 2023854... and just today they updated this list (even though it says 1/29, which hasn't even arrived yet) and are up to 2023853... so I'm hoping my time is coming up soon.

7 hours ago, AK65 said:

After we submit all forms and required documents to NVC online, do we need to send anything by email to NVC?

 

How do we know that our Case status is DQ?

No, you don’t need to send anything by email. Once you submit all the forms and required docs, you just wait and you’ll get an email. I got two — one saying we were DQ and one saying we had a new message and to log in to CEAC to see it. The message in CEAC simply repeated that we were DQ.

If you’re still waiting to be DQ, make sure that the status of your docs says SUBMITTED and not just UPLOADED.

12 hours ago, Crazy Cat said:

Yes....except that the IL email comes from NVC.  This is the process after DQ:

 

1. Case is DQ'd by NVC.

2. Case then enters NVC queue for your consulate and waits at NVC.

3. Consulate informs NVC of available interview date for upcoming month.

4. NVC schedules interviews for cases at the front of the line.

5. NVC schedules your  interview when your case reaches the front of the queue for that consulate.

6. NVC notifies person of interview date via email.

7. NVC then sends case to consulate.

After the interview is scheduled, it can take several days to several weeks for the consulate to receive the case.

Super helpful, thank you so much!

Hi all. Just want to get a quick sanity check. After we are DQ at NVC, we just sit tight and wait for an interview letter (IL) email from the Embassy, right? We don’t have to do anything on our part to send it that way? Just checking, as we’ve now entered the second dreaded wait between DQ and IL and when I check the case status on CEAC, the status shows “At NVC.”

We were DQ this morning, too! Things seem to move quite quickly in the NVC stage.

Timeline:

January 17, 2023 - Priority Date

December 14, 2023 - USCIS approved

December 20, 2023 - NVC Welcome Letter received & paid fees

December 25, 2023 - Fees show as “PAID”

December 26, 2023 - Submitted AOS, DS-260, and all docs

January 2, 2024 - Documentarily Qualified

Now just waiting on the interview letter from the Phnom Penh (Cambodia) Embassy. I’m here in Cambodia for the next 12 days. Could we be so lucky to have it scheduled in the next week and a half? 🤪

Just submitted AOS, DS-260, and all supporting docs to NVC. Hoping for a quick and painless DQ. 🤞🏼