scaredCat

3 hours ago, OldUser said:

Why not file online using Turbotax? You'd get tax return transcript much quicker and any refund.

 

I filed on Feb 18, got refund on Mar 6, tax return transcript was available on IRS website for download before March 10 (don't remember exactly)

hello oldUser, I am using turbotax but i cannot e-file without SSN for my spose. Do you know if it lets you e-file without entering it? I left it blank and it gives me warning at the the of the process.

Did you file "married filing separately" with a non-resident spose alien (NO SSN) ?

i appreciate if you can share your thought.

7 hours ago, Crazy Cat said:

A copy of the tax returns you filed, along with all supporting documentation such as schedules, W2s, etc.  is evidence of having filed taxes. 

thank you but i'm still confused what is "copy of tax returns" because i will mail it.

Do you refer to the copy of "tax forms that I filled and signed" i am putting in mail? 

it takes 6 months for IRS to process taxes when we mail it. Does this mean that I will have no proof of filing taxes until IRS accepts it? Or as soons as we file, it is enough for evidence? do you know the answer? 

Hello, I'm researching this issue but always get mixed answers. can someone please answer my questions?

1 - my spose is aboard and has no SSN. I will file MARRIED FILING SEPARTELY. I have to mail my taxes and write NRA to my spose SSN. Cannot e-file in this case, is this correct?

2 - they say it would take 6 months for IRS to process if we mail taxes. so if i mail it today, will i not have proof of tax return until IRS processes our taxes(which can take 6 months) ?

3 - has anyone used H&R block for this process?

thank you in advance.

2 hours ago, Nizz0k said:

Never mind, I understand the mistake now. Thanks for pointing it out!

Hello, what was the mistake? I'm in the same boat. 

I filed my taxes married filing separately. my spouse is not in the usa and never worked or never had us income. 

I did not include my spouses income (foreign) but i filed as married. 

Did i make my tax wrong?

sorry i cannot edit a mistake in my post. I meant to ask, if all these documents are only needed for beneficiary? i'm asking only because i am also citizen of that country but i live in the us so i cannot get some of them without being present there. 

Hello dear community. I am the petitioner (US citizen) and my spouse is getting documents to be submitted to NVC.

My wife and I are both from same country but she is in her home country and I live/work in the usa.

Can you please tell me:

1 - I (US citizen petitioner) need to submit civil documents like police record, birth certificate(i'm also foreign born) or are these documents only needed for the beneficiary? I don't live there so i cannot request these legal documents.

2 - As petitioner, do i need to submit anything other than financial document? marriage certificate, US passport, proof of living in the usa? 

3 - As a dual citizen - do i need to submit criminal report from my home country to the NVC or embassy? Or the police report is only needed(like other civil documents) for the petitioner? 

I live in the us, so i can't get these without being present in my home country but if they are required, how can my spose finish the interview process?

thank you if you can help.

On 2/23/2024 at 7:36 PM, jmalelkamel said:

 

Yes, married filing separately. In order to file jointly you need to obtain an ITIN number for your spouse and submit a lot of documentation which can be rather cumbersome. It's better to file MFS now and then once your spouse gets a SSN, you can amend your taxes and file MFJ. That's what we plan to do! 

thank you so much. i thought that mailing it in paper was an official requirement if filing seperately because our spouse is abroad and with no ssn. but this is not true right? it is legally fine to e-file as long as software/company lets us do it?

On 2/20/2024 at 5:25 PM, jmalelkamel said:

This is what I used to file my taxes too. TaxSlayer and TurboTax would not allow me to bypass the SSN and e-file. Had 0 issues with H&R Block  

On 2/18/2024 at 7:30 PM, TiffAndMike said:

HR BLOCK allows you to e-file without your spouses ssn

thank you both. did you guys file married filing separately? 

15 hours ago, PGA said:

1- yes, i know some of the software makes it difficult or doesn't provide that option; I believe I used taxact with no issues and it filled in the "NRA" automatically.

2- no

Thank you, if software(taxact) allows me to file, does it mean it is legal to e-file MFS? 

I thought, it was an IRS rule to paper mail when filing married but separately? 

On 2/13/2024 at 11:24 AM, PGA said:

Married filing separate, in my opinion, is the easiest and most straight forward approach. As suggested, you can amend it later but you need to see if the differences between MFS vs MFJ filings are worth it. 

On 2/13/2024 at 4:44 PM, beloved_dingo said:

Then you are filing your taxes wrong, every year. You should be filing as MFJ or MFS. There are some people who can file as HOH as well, despite being married, but that is not common. 

On 2/12/2024 at 10:05 PM, Lil bear said:

Without getting an ITIN for her, your only option is MFS. You can always refile previously submitted returns  to amend MFS  to MFJ when she is here and has a SSN 

On 2/12/2024 at 11:12 PM, Dan and Akari said:

Forgot to add that you need to print the completed return, write "NRA" in the field for her SSN, sign the return, and mail it to the IRS.  Keep copies of all supporting documents like the W2's and 1099s because you will need to send those with the completed tax return to NVC when you submit your AOS.

thank you all..

It looks like i will file married filing seperatly.

2 last questions i have

1 - is it possible to e-file(online) MFS?

2 - will it look bad to uscis because it is not joint? (still married but not jointly)

3 minutes ago, Sundevil70 said:

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

thank you for link, i reviewed it but it made me more confused  

Link says, I can mark my wife as "us resident" but she is not. 

I'm just looking for most plain simple path. 

As far as i learned, i should file "married filing seperately" and not include her income, is this correct?

much appreciated the help

Hello dear community, my question is simple but I can’t find straightforward answers. 

12 hours ago, pushbrk said:

Correct, but if you provide concrete evidence of your intention to re-establish US Domicile, you can stay and travel back with your spouse.  Before or at the same time, not after.

Got it, thank you! an apartment lease, valid phone plan, valid drivers licence, active bank accounts, active credit cards should be enough for "concrete" evidence?

On 1/5/2024 at 3:49 PM, Crazy Cat said:

You will have to provide evidence that you actually live in the US or that you have taken concrete steps toward the intent of moving back to the US.  

I understand. This step is at NVC after I130 is approved? or this is required for I130 to be approved? 

If this is my scenario, am i safe?

• I130 is pending and I'm living outside of US.
• I130 gets approved, application is in NVC stage, I can prove my intention by "a lease document, bank accounts, valid driver licence, valid phone plan etc"

Thanks.

On 1/6/2024 at 1:19 AM, pushbrk said:

Not illegal.  See Crazy Cat's answer.

yeah just replied thank you both, this step is in NVC right? I can live outside of US until I130 is approved correct?

12 hours ago, pushbrk said:

You are updating your "mailing address".  That, and/or establishing a forwarding to that address with the post office is how you avoid missing an RFE.

thank you, i will do it.

one last thing if you dont mind: is it illegal or reason for denail or any kind of problem that I don't physically live in the USA (as petitioner) until my spouse gets visa? (I'm asking with context of "proving domicile" concept) 

On 1/3/2024 at 3:14 AM, millefleur said:

If you don't have a trusted family or friend who can receive mail for you, a virtual mailbox service with US address who scans and checks your mail on your behalf is the way to go.

 

is not living in the usa (temporarily) while i130 is pending reason for denial or a problem? i heard something like "domicile". 

do i have to have an apartment lease etc otherwise pending i130 is denied? 

@pushbrk 

On 1/3/2024 at 12:13 AM, pushbrk said:

There's one possible correspondence from USCIS that would not come by email, and that is an RFE.  They notify you by email that one is coming, but you won't know what's in it, unless it is received by mail.

 

There are a couple other times in the process, where a US mailing address is useful, in completing later forms.  In this case, a simple official forward order (to a US Address) is probably sufficient.  USCIS is not very efficient at changing petitioner addresses.

Hi pushbrk, So it is okay to update my address with a relative's address in the USA even if I don't live there?

Also can you please tell me how I can make sure we don't miss RFE? Do they always update the online account/notify via email? Am I overthinking this? I just don't want to get denial because of missing RFE. Hope you can provide experience, thank you

On 1/2/2024 at 8:14 PM, JeanneAdil said:

Can u use address of a parent?

i would use it for immigration purposes to show where u will reside when your 2 years are up

June 2023 submitted /look for possible June 2024 +/- for USCIS to send to NVC 

At NVC stage,  u can keep case open a year by not finishing the NVC process and notifying them that u want the case kept open /my NVC notice said  how often to contact them to do this

 

Also,  if u sent a good email ID ,  further notices should come to that ID

doing all above gives u a year and a half,  till u complete and are dq'd at NVC stage

then,  depending on the embassy, there is the additional wait time so naming the embassy is important 

many are waiting 6 months to a year for an interview giving u time to complete this 2 year out of US work

 

If your job in Sweden is with a US company,  no problem/  if not ,  get a joint sponsor for the I 864 

and plan to be back in US before or with your spouse

hi thank you for reply. Please help me with these 4 easy follow up questions:

1 - I have a relative in Chicago and I can ask them. But wouldn't it be a lie(misinformation)? Because I won't be living there. And change of address means(i may be wrong) that I am living in the new address.

2 - I have online account, and I added my email address to forms, but I never received an email. 

3 - My job isn't US company, I will technically be self employed. Will this disqualify me as a sponsor? Can I show savings/401k? Do I have to have full time US employment for this process? 

4 - Can you please explain the requirement for me being in US for the process? Is it ok if I fly back to US with my wife when process is done? Is this risky?

Thank you a lot!

Hello dear community,

I'm US citizen who filled I130 for my spouse in July 2023. It is currently pending at USCIS. Last status is "we are actively reviewing your case"

I also filled K3 in December 2023. Both applications are pending.

My spouse is out of USA. I currently live in Texas. Due to my job, I have to live in Sweden for a year. I will not renew my lease in Texas. This will cause losing my address (I have no other address in the usa)

What happens in this case? i need to notify my employer this week. Will this cause missing USCIS notifications? Will I need to update my address (How) ?

My company is US based but I will relocate and live in sweden. I will keep my bank accounts active, and file taxes etc in the USA but I won't have an address.

If anyone can help me in this case, I will greatly appreciate. I'm not working with a lawyer. Thank you.

Hello folks, I'm following this guideline for sending K3 visa while our I130 is pending. 

Just couldn't confirm these 3 questions:

1 - One of the documents listed here is "cover letter", is this required/necessary for K3?

2 - Does it matter if we send black/white copies of documents(Passports, marriage certificate etc) or do need to send COLOR copies?

3 - Is there any ORIGINAL document we need to send? I only have copy of our marriage certificate

Any comment is appreciated

Brian&Maria

23 hours ago, pushbrk said:

 

 

It is perfectly fine to mix typed and hand written answers.  No risk at all.  Be aware though that the K3 visa is virtually obsolete.  Did you already file the I-130?

 

Thank you, I did computer fill 90% of it and handwrite some sections(like address, phone number)

yes I filed I130 online, it is pending.

Last questions if you don't mind:

Lets say(i know it is low chance) k3 is approved and spouse arrived US with K3 while I130 is pending, what happens? I130 is cancelled? or does spouse need to go back to country to complete consular process? or do we apply for adjustment of status while she is in the us?

On 11/9/2023 at 12:41 AM, TBoneTX said:

There's no obvious downside.  Your action may result in USCIS's pulling your I-130 to match it with the new I-129F and perhaps approving the I-130, because it's been pulled.  The I-129F will be closed, and the CR-1 visa path would be next.

 

Some I-130 petitioners long in the queue might resent your action in that it's "jumping ahead," but there isn't a formal downside.

Thank you,

Last questions if you don't mind:

Lets say(i know it is low chance) k3 is approved and spouse arrived US with K3 while I130 is pending, what happens? I130 is cancelled? or does spouse need to go back to country to complete consular process? or do we apply for adjustment of status while she is in the us?

Hello dear friends, I'm filing Form I-129F (K3) application for my spouse.

I cannot enter address because of alphabet letters, and some boxes don't have enough titles.

Is it ok if I computer type as much as i can, print the form, then hand write missing sections?

I heard that There is barcode that is printed after a PDF is filled out, and USCIS scans this code to autofill the application in their system. Either do it all typed, or do it all handwritten.So we shouldn't do both (computer type, print and hand type)

Can someone please help me make no mistake? Is it okay to computer type most of the form, then hand write missing information?

25 minutes ago, TBoneTX said:

There's no obvious downside.  Your action may result in USCIS's pulling your I-130 to match it with the new I-129F and perhaps approving the I-130, because it's been pulled.  The I-129F will be closed, and the CR-1 visa path would be next.

 

Some I-130 petitioners long in the queue might resent your action in that it's "jumping ahead," but there isn't a formal downside.

thank you for reply. is it ok if i send the SAME package that I Uploaded for I130? So my K3 will look like:

1 - I130 Reciept,

2 - Form I129F

3 - Same evidence/files we uploaded for I130

Hello everybody, if someone can confirm me here before sending my k3 application for my wife, i will greatly appreciate it. I'm anxious about the process

I just have 3 questions about this.

I filed I130 online for my spouse who lives abroad. Our I130 is currently pending. I want to submit K3(I129F).

1 - There is no risk/problem with sending I129F while I130 is pending,

2 - I live in the US(Texas) and I will mail it to lockbox but I will live in canada for a while for work starting next month, is this a problem? Is this application something I can track while I'm in canada? I will be outside of the US for 3 months.

3 - I will fill/attach I-129F with all the SAME evidence we submitted for I130. Is this okay?

Thank you.