guerita7

It's been a while and I forgot to sign in to update our info.

I-751 Receipt date was 9/27/10

Biometrics were completed on 10/29/10.

Which service center?

Oops, sorry I forgot that! California Service Center.

Thanks!

Please add us to the list of September filers.

VJ name: guerita7

mailed I-751: 9/22/10

Thanks!

My wife and I were married last year and I understand that I have the option of filing jointly for 2007 by obtaining an ITIN for her by submitting a W-7 form along with our tax forms.

I'm living in China with her and if we do elect to file jointly, then I wont be able to exclude my foreign income using form 2555 (if we elect to file jointly, then all of our world income is considered US income).

So, I see that we have two choices:

1) Married filing jointly, but without the Foreign earned income deduction.

2) Married filing separately, but this time I can qualify for the foreign earned income deduction.

My question is that if we do married filing separately, do I even need to go through the process of getting her an ITIN and even filing a tax return for her?

Thanks,

JP

I can't speak to your filing question, but I did want to give you one piece of advice for you to keep in mind as you prepare your paperwork for your wife's visa interview (I saw you've filed for CR-1, I'm assuming you're doing this via DCF). If you do claim the foreign income exclusion, keep in mind that whatever income you exclude for tax purposes will not be taken into account by the Consulate as valid income to support your wife. That means you should definitely start to look for a joint sponsor, because even if your W2s show sufficient income over the poverty line for you to be approved as her sponsor, they look at the bottom line, AFTER all exclusions, to determine your net income. I learned this the hard way in the Ciudad Juarez, Mexico Consulate where my husband had his interview in July. They told me my income wasn't sufficient and even though I had all the necessary forms to prove what I had earned, they wouldn't take into account the foreign earned income. So, we had to rush at the last minute to try to find a joint sponsor. Just a tip, hope it helps you avoid the last minute stress we had to go through!

I accompanied my husband to Ciudad Juarez for his CR-1 interview on July 10th. Juarez is definitely famous for drug violence, but some friends who live and work there as missionaries (Americans) told us that if you don't venture into dangerous neighborhoods or get involved in drug activity it's not likely that you'll have problems.

But, it is important as others have told you that if you go you're aware of who is around you and what they are doing. I agree with the recommendation to not carry a purse or wear flashy jewelry.

We got a recommendation for a hotel close to the consulate that we found to be safe, with good service, and reasonable prices. It's the Hotel Colonial, their website is www.hotelescolonial.com They offer free transportation to the Consulate every morning, which you can also use to go get the medical exam taken care of (the clinic is right next to the Consulate). It's not far to walk to the consulate, 10 minutes or so, but it's safer to use their van service and go back to the hotel in taxi. The taxis there are expensive for Mexico, they charged us 50 pesos to take us back to the hotel, and they'll charge you at least 500 pesos to take you across the border. But, unless you drive there's not much else you can do. There are other hotels on the same street as the Consulate, but I'm glad we didn't stay there because there are always so many people around.

When is your fiancee's interview?

Let me know if you have any more questions!!

The good thing about going to CDj is that you can go to the bridge and that can be your entry. Then you have to follow the rules required to keep your greencard.

So you filed DCF in Mexico City?

Yes, we filed in Mexico City initially but then everything was forwarded on to Ciudad Juarez once they sent us the NOA. Ciudad Juarez is the only consulate in Mexico that processes fiancee and spousal visas. We started the process in February and are currently waiting for his interview.

So if he gets approved we can go across the bridge to get his stamp and then come back to pack up everything and have him quit his job? We don't want to go ahead with all of that before his interview in case for some reason he gets denied.

My husband and I live and work in Mexico with a non-profit US-based religious organization. I am a US citizen. We sent in an I-130 to Mexico City for initial processing, and they then sent all our paperwork on to Ciudad Juarez for the next stages of processing. We received, filled out, and sent back the packet of forms they sent us just two weeks ago (I-184A and DS-230,along with a list of documents he must take to his interview appointment). We were told the current wait time for an interview appointment in Ciudad Juarez is between 4 and 6 months. If his application gets approved, how soon after his interview will we need to travel to the US? Will he be allowed to travel outside the US as a conditional permanent resident or is there a certain amount of time he must remain in the US without leaving in order to not lose his status as a conditional permanent resident?

Thanks in advance for your help!