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JAVC

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    K3 FAMILY - HANGOUT, week of March 16

    in K-3 Spousal Visa Case Filing and Progress Reports

    Posted · Edited by JAVC

    Thanks Javc

    I was just thinking that it might be necessary since you are filing jointly don't you need both people to sign??

    On the W-7 for the applicants address do I list my wife's address in India, or my address here?

    Yes, that is correct. Both people need to sign the 1040 form. You can ask hubby just to sign a blank copy of W-7 and 1040 form and send them to you. In the mean time you can prepare the taxes thinking that you already have the two signed form and the notarized copy of the passport then when you received the original you will only need to fillout those we the information that you already have.

    About the addres, in your case will be the address in India.

    The Luck of the Irish didn't quite work for us today. Oh well! coming up to Lucky Thursday...

    Seeya all tomorrow...

    093.gif000200D7.gif

    OMGGGGGGGG I was just getting ready to go to bed and said to myself check ur email one more time or call NVC maybe something new transpired!! AND WHAT DO I GET IN MY INBOX??? THE COMBO BILL FOR AOS AND IV BILL!! DO U KNOW WT THIS MEANS???? AS SOON AS IT'S PAID WE CAN SEND ALL OF OUR DOCSSSSSS!! OMG LUCK OF THE IRISH WORKED FOR ME @ 11:00 P.M.!! SEREN, CALL NVC ASAP!! OR CHECK UR EMAIL!!

    CALLING HUBBY NOW THOUGH HE IS SLEEPING TOO EXCITED TO GO BACK TO BED OR SLEEPPPPPPP!! GOD I AM HOPING WE CAN COMPLETE OUR CASE BY END OF MONTH AND GET A MAY INTERVIEW!!!

    Great!!! I told you GS4EVER. It took them exactly the same time as me.

    Congratulation with your new step!!!!

    K3 FAMILY - HANGOUT, week of March 16

    in K-3 Spousal Visa Case Filing and Progress Reports

    Posted

    JAVC, i'm looking forward to your reply too. Do you think I'll need an extension at this point or can I get it all done in time? I usually always wait until the last minute, since I always owe. Maybe this year I won't!

    If you have all your W-2's you will be fine. The only thing is the notarized copy of the passport that it must be notarized by an US notary, I don't know how difficul will be for your hubby to take the passport to a US consulate or embassy to do it but if he/she can do it quickly you won't need to worry for extension.

    I was reading the W-7 form to see what they say about a non-US notary and they say that the copy must have attached an "apostille" which will be the certification where the non-US notary certified that the document is a true copy of the original but also, they say that this can only be used in countries that have joined the Hague Convention. Since I'm not familiar with this Hague convetion don't know what to say here. My recommendation is, if you can't get an US notarized copy of your hubby's passport at hubby's country just ask hubby to send you the original passport together with the signed W-7 and take the passport to your nearest UPS and ask them to make a notarized copy it will only cost you 5 dolars to do the notarized copy.

    K3 FAMILY - HANGOUT, week of March 16

    in K-3 Spousal Visa Case Filing and Progress Reports

    Posted

    Queue..You definitely need to find a new knowledgeable accountant...:P

    I agree!!

    Just read this... I took it from the W-7 form instruction...

    Who Must Apply

    Any individual who is not eligible to obtain an SSN but who must furnish a taxpayer identification number must apply for an ITIN on Form W-7. Examples include the following.

    - A nonresident alien individual eligible to obtain the benefit of reduced withholding under an income tax treaty. See Pub. 515,

    - A nonresident alien individual not eligible for an SSN who is required to file a U.S. tax return or who is filing a U.S. tax return only to claim a refund. Withholding of Tax on Nonresident Aliens and Foreign Entities.

    - A nonresident alien individual not eligible for an SSN who elects to file a joint U.S. tax return with a spouse who is a U.S. citizen or resident alien.

    - A U.S. resident alien (based on the substantial presence test) who files a U.S. tax return but who is not eligible for an SSN. For information about the substantial presence test, see Pub. 519, U.S. Tax Guide for Aliens.

    - An alien spouse claimed as an exemption on a U.S. tax return who is not eligible to obtain an SSN.

    - An alien individual eligible to be claimed as a dependent on a U.S. tax return but who is not eligible to obtain an SSN. To determine if an alien individual is eligible to be claimed as a dependent on a U.S. tax return, see Pub. 501, Exemptions, Standard Deduction, and Filing Information, and Pub. 519.

    - A nonresident alien student, professor, or researcher who is required to file a U.S. tax return but who is not eligible for an SSN, or who is claiming an exception to the tax return filing requirement.

    - A dependent/spouse of a nonresident alien holding a U.S visa who is not eligible for an SSN.

    ITIN Not Needed for Forms 4868, 1040-ES, or 1040-ES(NR). If you are filing an application for an extension of time to file using Form 4868, or making an estimated tax payment using Form 1040-ES or Form 1040-ES(NR), do not file Form W-7 with those forms. Enter “ITIN TO BE REQUESTED” wherever your SSN or ITIN is requested. An ITIN will be issued only after you file a tax return and meet all other requirements.

    From the list above the following two reasons would apply:

    An alien spouse claimed as an exemption on a U.S. tax return who is not eligible to obtain an SSN.

    - A nonresident alien individual not eligible for an SSN who elects to file a joint U.S. tax return with a spouse who is a U.S. citizen or resident alien.

    Do I need my wife to send anything other documentation in terms of foreign income?

    I'm going home now but a soon as I get there I will revise what exactly I sent so you know what to send. I will be here in an hour. See you later....

    Thanks JAVC - That would be of great help. I am filling out the W-7 for my wife now, and a power of attorney form, so that she can sign and drop in the mail for me ASAP. I will wait for your answer before she puts anything in the mail today :)

    I don't know why you would need a power of attorney form. Can you explain why??

    K3 FAMILY - HANGOUT, week of March 16

    in K-3 Spousal Visa Case Filing and Progress Reports

    Posted

    Queue..You definitely need to find a new knowledgeable accountant...:P

    I agree!!

    Just read this... I took it from the W-7 form instruction...

    Who Must Apply

    Any individual who is not eligible to obtain an SSN but who must furnish a taxpayer identification number must apply for an ITIN on Form W-7. Examples include the following.

    - A nonresident alien individual eligible to obtain the benefit of reduced withholding under an income tax treaty. See Pub. 515,

    - A nonresident alien individual not eligible for an SSN who is required to file a U.S. tax return or who is filing a U.S. tax return only to claim a refund. Withholding of Tax on Nonresident Aliens and Foreign Entities.

    - A nonresident alien individual not eligible for an SSN who elects to file a joint U.S. tax return with a spouse who is a U.S. citizen or resident alien.

    - A U.S. resident alien (based on the substantial presence test) who files a U.S. tax return but who is not eligible for an SSN. For information about the substantial presence test, see Pub. 519, U.S. Tax Guide for Aliens.

    - An alien spouse claimed as an exemption on a U.S. tax return who is not eligible to obtain an SSN.

    - An alien individual eligible to be claimed as a dependent on a U.S. tax return but who is not eligible to obtain an SSN. To determine if an alien individual is eligible to be claimed as a dependent on a U.S. tax return, see Pub. 501, Exemptions, Standard Deduction, and Filing Information, and Pub. 519.

    - A nonresident alien student, professor, or researcher who is required to file a U.S. tax return but who is not eligible for an SSN, or who is claiming an exception to the tax return filing requirement.

    - A dependent/spouse of a nonresident alien holding a U.S visa who is not eligible for an SSN.

    ITIN Not Needed for Forms 4868, 1040-ES, or 1040-ES(NR). If you are filing an application for an extension of time to file using Form 4868, or making an estimated tax payment using Form 1040-ES or Form 1040-ES(NR), do not file Form W-7 with those forms. Enter “ITIN TO BE REQUESTED” wherever your SSN or ITIN is requested. An ITIN will be issued only after you file a tax return and meet all other requirements.

    From the list above the following two reasons would apply:

    An alien spouse claimed as an exemption on a U.S. tax return who is not eligible to obtain an SSN.

    - A nonresident alien individual not eligible for an SSN who elects to file a joint U.S. tax return with a spouse who is a U.S. citizen or resident alien.

    Do I need my wife to send anything other documentation in terms of foreign income?

    I'm going home now but a soon as I get there I will revise what exactly I sent so you know what to send. I will be here in an hour. See you later....

    K3 FAMILY - HANGOUT, week of March 16

    in K-3 Spousal Visa Case Filing and Progress Reports

    Posted · Edited by JAVC

    Queue..You definitely need to find a new knowledgeable accountant...:P

    I agree!!

    Just read this... I took it from the W-7 form instruction...

    Who Must Apply

    Any individual who is not eligible to obtain an SSN but who must furnish a taxpayer identification number must apply for an ITIN on Form W-7. Examples include the following.

    - A nonresident alien individual eligible to obtain the benefit of reduced withholding under an income tax treaty. See Pub. 515,

    - A nonresident alien individual not eligible for an SSN who is required to file a U.S. tax return or who is filing a U.S. tax return only to claim a refund. Withholding of Tax on Nonresident Aliens and Foreign Entities.

    - A nonresident alien individual not eligible for an SSN who elects to file a joint U.S. tax return with a spouse who is a U.S. citizen or resident alien.

    - A U.S. resident alien (based on the substantial presence test) who files a U.S. tax return but who is not eligible for an SSN. For information about the substantial presence test, see Pub. 519, U.S. Tax Guide for Aliens.

    - An alien spouse claimed as an exemption on a U.S. tax return who is not eligible to obtain an SSN.

    - An alien individual eligible to be claimed as a dependent on a U.S. tax return but who is not eligible to obtain an SSN. To determine if an alien individual is eligible to be claimed as a dependent on a U.S. tax return, see Pub. 501, Exemptions, Standard Deduction, and Filing Information, and Pub. 519.

    - A nonresident alien student, professor, or researcher who is required to file a U.S. tax return but who is not eligible for an SSN, or who is claiming an exception to the tax return filing requirement.

    - A dependent/spouse of a nonresident alien holding a U.S visa who is not eligible for an SSN.

    ITIN Not Needed for Forms 4868, 1040-ES, or 1040-ES(NR). If you are filing an application for an extension of time to file using Form 4868, or making an estimated tax payment using Form 1040-ES or Form 1040-ES(NR), do not file Form W-7 with those forms. Enter “ITIN TO BE REQUESTED” wherever your SSN or ITIN is requested. An ITIN will be issued only after you file a tax return and meet all other requirements.

    K3 FAMILY - HANGOUT, week of March 16

    in K-3 Spousal Visa Case Filing and Progress Reports

    Posted

    Me too :angry: I was downgraded again to 4-6 weeks and then upgraded again to 2-4...OK Friday will officially mark our second week! I can't believe how time is flying! I want March to stand still till our AOS bill is generated so we can get a May interview early April! 2 more weeks till beginning of April and we are running out of time. Funny how at VSC I wanted to sprint forward to approval and now at NVC I want to be stuck in March long enough to send evtg in. I'm thinking once the bills are generated and we are in the freakin' system it will go by super fast from there cz everything is pretty much ready and in place and we might be able to whiz by to case completion in 2 weeks since they now switched to email. Let's c how it all plays out.

    COME ON NVC enter GS 130, Jen K3/I130 and Seren's I130 in the system ---->their files are suffocating under that mile high stack :protest::protest::protest: One protest banner for each of us. Okay one more for ARUBA :ranting: and one more for Mayra :protest: and imagine a few more for others stuck @ NVC. Candid may Garga get u the case completion/interview date soon!

    Waving to Lisa and the rest of the crew :P

    when my husband called last week Friday he was told my case was being processed???!!! #######...

    GS let me know as soon as you get any updates from NVC and I will keep you posted as well...

    In a way we can take solace in the fact that none of the March approvals have had their AOS generated :wacko:

    Sure will Seren! I am pretty sure the AM approval from MArch 5th are stacked together and suffocating together

    New scenario:

    Seren I 130: If u make it into the system b4 I do, plz keep me in mind

    GS I 130: Don't worry. We're VSC twins (approved on the same day within mins of one another: w/ u being the older sister ;) So you have to look out for me and Jen and Mayra being the youngest so we both need to look out for them). I got ur back girlie :P

    I was told it is being processed too at one point but that word could mean different things to different operators. When I call I make sure to speficially ask, Is our file in the system yet? And so far the answer is to allow more time :angry: I tried to tell one operator that I have immigrant friends whose bill was generated in 2-3 days sometimes even 8 days, she didn't like my "knowledge" of these cases and drily told me 6-8 weeks lol That was the only one who downgraded me from the usual 2-4 weeks :unsure: I am guessing she was having a bad day :whistle: I am sure if I had sat there and argued with her she would have gotten snippy with me, but I know better and I just politely said I'm just checking, thank you though. But everyone else I have gotten so far were very nice and some even took the time to patiently answer any questions I had. I always think of a new question, jot it down and call and they always have answers. So my advice if unsure, ask NVC. I had so many of my questions answered so far about interview, next step, etc. The best news I got so far is at midnite last nite. I got a super nice operator (to my surprise since I was calling so late) and was pleasantly surprised to hear the AOS and IV bill will be emailed at the same time to my lawyer. That means once paid, we can send in all of our docs in and move on to case completion in the speed of light (at least on our end...on their end errrrrrr, well that remains to be seen)...

    Oh and JAVC welcome back from ur trip! U had everyone confused thinking I was the one traveling. I told them I WISH!!

    hehehe, I saw that but I couldn't understand why everybody thought that. Taking out the lawyer conversation that I had, the trip was very very plesant. :yes: I spend the whole saturday and sunday with my dear wife!!! The only problem now is that I miss her more now than before... :(

    Hi, just catching up on the different threads.

    You should not get an RFE as long as you submit your AOS before the April 15th deadline. If it is after, they will most likely request it.

    I think im going to have to use a different accountant for this year, since my current accountant says its not possible for my wife to qualify for an ITIN and the IRS says she is eligible. I don't want to submit taxes returns that may harm my wife's case. The question that is stuck in my accountants head is that she can't have a ITIN because she has no legal status in the US. But isn't one of the reasons you are requesting an ITIN for her is because she has no legal status and for me to claim her on my taxes would be to get her an ITIN??

    For those that have requested ITINs, have your spouses ever held legal status in the US?

    In my case not!!. And for the record we never had any problem with it.

    MARCH APPROVAL's, Let's do NVC together

    in K-3 Spousal Visa Case Filing and Progress Reports

    Posted

    Still waiting!!! What a Mess! 060.gif

    Serendipity,

    It took them 6 days to generated my AOS bill and DS-3032 so maybe today or tomorrow you will be receiving the e-mails. By the way have you give them your e-mail address??

    Yes they have my email....

    Hopefully tomorrow...I am even tired of hoping at this point. How SAD is that?

    Are you telling me... I'm in the same situation but now I'm worry that something has happend because I sent the DS-3032 7 days ago and still nothing about the IV bill. I sent the I-864 last thursday and they accepted it yesterday so why the are taking so long to process that e-mail?? I'm soo worry.... :(

    K3 FAMILY - HANGOUT, week of March 16

    in K-3 Spousal Visa Case Filing and Progress Reports

    Posted

    Hi everyone! I was on the road today, so I'm just catching up now. Exciting to see Desire got her approval and they'll be together next week. Gives me chills to think of my turn!

    I was thinking filing single is the best option for me. I live alone and don't own property, so I always owe. Is there any advantage (other than looks for immigration) to filing married?

    Jen, get the stuff in the mail! As soon as you do, they'll find your case. It's just how those things work!

    I wish everyone tons of luck! I'm still stuck at VSC and figure it will be at least another month. Ugh :(

    Since you are married you can't file as single unless some specific rules apply to you. But normally married filling jointly will be in your favor because what ever you make during the year will be for both of you and the taxes are less for married people than for single people. For example in my case my wife is not working right now so I check this: if a file "married filling separately" I will need to pay almost $2,000 dolars but instead filling "married filling together" I will receive a refund of almost $400 dolars. If you want to do a quick compare use the turbotax program and see what it tells you when you change teh status from filling separately to jointly.

    K3 FAMILY - HANGOUT, week of March 16

    in K-3 Spousal Visa Case Filing and Progress Reports

    Posted

    Hello everybody,

    I came back from my trip without any new information, this laywer was just a waist of time. She only tell me what I already know. So we will continue the process normally will see what happend at the interview, if we need a waiver or not.

    MKG, I just wrote to u on that thread.

    Q, can we get RFE if my I 864 only contains the last 3 yrs (2005-2007) since I have not filed my taxes yet and do not intend to do so until last minute since I owe on my taxes this year? Can NVC say oh we can't complete the case until u send us the 2008 tax return?

    Waving at Jen. I feel anxious! I want my bill to be generated. I have never been this freakin eager to pay a freakin' bill lol and I feel this nervous feeling on my chest as if I am about to take a test for some weird reason. IDK why.... :unsure: And now gotta worry abt this tax RFE thingie :bonk:

    Well, maybe this will help you. I called NVC to see what can I do with a situation similar as yours and they told me that since the due day was soo close for the 2008 I should send the 2008 taxes but since I haven't them ready I could send a letter explaining why. So I sent my I-864 on thrusday with copies of 2007, 2006 & 2005 taxes including the W-2 for each year, copies of all my pay stubs for the last 6 month, a letter from my employer and a letter explaining why I didn't sent the 2008 taxes. I called NVC this morning and they told me that they accepted my I-864 yesterday and that everything was right. So I think that letter help me not to have a RFE.

    OK, interesting info I just got from my phone call to the NVC.

    I lied and told them the Senators offiCe inquired about my cases and was told they ARE at the NVC. She told me she has no record BUT if I send copies of my approval letters to the NVC address, they will do a more extensive SEARCH than what the reps can see on the screen. She said they can tell me where my cases are. So Tomorrow morning I will be FEDEXing my letters to the NVC and I expect them to tell me where my cases are. DANG IT !! I might even run out to staples now and make the copies and send it tonight. I was approved 12 days ago. This is almost 2 weeks of lost time

    Very interesting info. I would recommend you to take a car is faster than running... hehhe just kidding. By the way I talked to the lawyer about your case I will send you a PM later with the info.

    Que,

    your accountant sounds way offbase.

    just stopping in to say that

    heh

    I hear you...so now im wondering what do I do?? I called the IRS and the lady I spoke to said my wife is eligible for an ITIN. I'll call the IRS again in a little while, and see if I get a different response. :)

    Que,

    Is for sure that your wife is eligible for ITIN. If you want to file married filling together you only need to file a W-7 form for your wife together with your taxes and on the part that ask your wife's SSN on 1040 form you will need to put ITIN REQUESTED. They will only take a littler longer to process you taxes. In my case I sent the taxes on april and received the refund on late june. About the head of household question, you can't claim HOH if somebody is claiming HOH at the same addres where you are living or if somebody is claiming you as dependent. Normally this HOH is only for unmarried person but in some case you can file as HOH for more information see the following link.

    http://www.irs.gov/pub/irs-pdf/i1040gi.pdf

    MARCH APPROVAL's, Let's do NVC together

    in K-3 Spousal Visa Case Filing and Progress Reports

    Posted

    We are doing the nvc process too and just recieved the nvc case # yesterday. Currently we have all the docs & photocopies for I-864 and DS-230 ready. I have two dumb questions :unsure: , Is it a good idea to put the nvc case number (rubber stamp) at the top of all originals and photocopies? Is it required to put my name & nvc# at the back of the passport size photos (back side is glossy so cant write with a pencil ..not sure if its a good idea to write with a pen)? :help:

    Welcome Rosy, ALiza and JAVC :) Good luck with wherever in the process u are.

    i would try this email

    i don't know if it works do

    USCIS-CRIS@dhs.gov

    I have not tried it

    I don't believe that would work Aruba. When my expedite got denied I emailed them to that same email that I got the denial from and my email was returned to me as undeliverable. However, it doesn't hurt to try. But I would call USCIS if I were u and request they mail u a copy.

    Aliza, we all have felt and continue to feel :unsure: at various points throughout this uncertain journey. It seems there are surprises and hurdles to cross at every turn. I am sure Q has the answer to ur q. Calling our guru :P

    Good luck, Jen! :star:

    Where is Narina? Have anyone talked to her recently??

    If you want NVC to answer any questions regarding your case you have to use the following email address:

    NVCINQUIRY@state.gov

    And provide the following information in the email:

    * NVC case number or CIS receipt number (Should be in the email as well as the subject of the email)

    * Petitioner's name and date of birth

    * Beneficiary's name and date of birth

    * Your full name

    Que

    Que,

    steve was wondering about his hardcopy from USCIS. I never found a good e-mail to contact with them that is why i told him to do the infopass .

    MARCH APPROVAL's, Let's do NVC together

    in K-3 Spousal Visa Case Filing and Progress Reports

    Posted

    I am hoping they just approve me at the interview since my husband has been in CR for a year and a half now. My attorney is starting to write the waivers. I am working on the affidavits and letters for the I-601. I won't stop until I can be with my husband. This is all so crazy........

    Good luck to you JAVC.... I know how you feel. Have fun in the DR. Be safe.

    Thanks!!!! I will try to ask her about your situation just to see what she say. About your papers getting to NVC, you will see Jason will try to kill them or at least scare them to dead just because they didnt check that bulk that they have in that corner. I almost sure they have all your paperwork but haven't input yet. Im hoping you get answer tomorrow.

    Steve dont wait more and do the infopass you will want to have those hardcopies for your record. You never now went they will say... Uppppsss we dont have your case approved in the system, can you provide us with a copy of the approval letter so we can confirm it. Really i dont trust anyone on any of those two offices. I always try to keep record of evething that i send and what they send to me.

    Well people I'm almost boarding my plane hoping to hear good news from all of you on monday when I return.

    MARCH APPROVAL's, Let's do NVC together

    in K-3 Spousal Visa Case Filing and Progress Reports

    Posted

    GS4EVER,

    Thanks for your thoughts.

    Let say that I have been very lucky on my second time with this whole process, USCIS & NVC. Right now I'm waiting for them to input the DS-3032. Like you can see on my timeline I've already sent the AOS. So i think I'm very good right now. The only think is that as same as esposadetucho I'll need to file a waiver. For me this process will not be over at the interview. It will continue until they approve my wife case or I die. :-) I wont loose this battle. Right now I writting from the JFK airport at NY where I'm waiting to take my flight to DR to see my dear wife but also to talk to a lawyer to start the process for the waiver. So like you can see I'm OK for now, let see what happend after the interview.

    Let stop talking about me, how are you with the CR-1/IR-1? I know you wanted the K-3 but due to AP at NVC with your K-3 you are following the CR-1, right?

    MARCH APPROVAL's, Let's do NVC together

    in K-3 Spousal Visa Case Filing and Progress Reports

    Posted

    We are doing the nvc process too and just recieved the nvc case # yesterday. Currently we have all the docs & photocopies for I-864 and DS-230 ready. I have two dumb questions :unsure: , Is it a good idea to put the nvc case number (rubber stamp) at the top of all originals and photocopies? Is it required to put my name & nvc# at the back of the passport size photos (back side is glossy so cant write with a pencil ..not sure if its a good idea to write with a pen)? :help:

    Is not required but is recommended for your own safety. Let say for example the person that is reviewing your AOS, who has also more AOS application waiting to be reviewed on his/her desk, knock down all those documents from his/her desk to the floor (by mistake of course). Do you really think they will know what paper belongs to you? Well, maybe they do but I will not trust in them. So for our own safety I think is better to put at least the NVC case number at the top right corner of ALL paper, originals and copies.

    K3 FAMILY - HANGOUT, week of March 09

    in K-3 Spousal Visa Case Filing and Progress Reports

    Posted

    Just got off the phone with NVC. I had a feeling...YEP we're in AP also. Seems almost unavoidable, but I had prepared myself for it and something told me to expect it after Lisa and Steve got stuck in it. I will be thankful if we got out by the end of April and hopefully my hubby can still get a late May or Mid June interview and be with me in time for our first year anniversary.

    I won't get mad, I won't cry. It's just the way things are for us at this point. Disappointed yes, but we gotta go on. Better we found out right away too as opposed to be slapped by AP a week or two later of waiting and calling NVC every day.

    Much rather be in AP now than after interview or later. The counting clock starts once again 00020352.gif

    Keeping the faith... (F)

    What the heck? they are throwing everyone in AP... I think I will scream if that happens to me....

    So sorry to hear GS.....

    Thanks for the support Jen. Yeah sounds like 90% of ppl are being thrown in there. After I heard about Steve and Ksenia is a female, I knew in my heart my husband was very likley to be hit! Plus it wouldn't be fair to Lisa and Yazied :P Hope u are among the 10% lol...Any luck with the case #s?

    P.S. Mayra, nice to see u!

    GS4EVER, do you know the reason why they put you on AP??

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