iwannaplay54

1 hour ago, galgol88 said:

I sent it as proof of intention to re-establish domicile, including:

*active us bank account with credit cards accounts and a large fund transfer we did few days ago.

*2 correspondences emails about job interviews with employer to show active job search. (Correspondences was from last Aug)

*one job contract from mid Dec to show a job offer.

*resignation letter that i gave to my foreign employer.

 

🤞

 

Are you addressed to a physical location in the US?

3 minutes ago, Mike E said:

No because you were admitted as a returning resident. You should stop dwelling on it.  

 

You have  mine. I can’t promise you that USCIS will show any.   So you should file your tax returns, whether another contributor says I am silly or not; due to which I am out. 
 

 Best wishes.  

Nothing silly about this thread bro

50 minutes ago, Rebuilt said:

Thank you very much. I can pull records only up to a certain time. The rest of them I will have to file the pertinent form.

 

Like I said, I don't even know anymore which years were filed by him.

 

This is truly a catch 22 situation. If I file as MFS, that can led to believe that my marriage wasn't in good faith, when in fact it's completely opposite. Had my marriage not been in good faith, I would have been aware of the situation, applied for citizenship after three years, and kick his ### to the curb. Alas I had bigger fish to fry, like figuring out how could we live, and support him at all times at the cost of humilliation and my very own sanity.

 

This is one of those cases when the actual truth sounds more like a movie. Nobody would believe it

<grin> we were out 4 years and three years after returning they didnt mention abandoned residency.  “Rule of law” is fluid and after 15 years of marriage and 8 of those outside the country our citizenship app went through without a hitch.  

You have another document to cross-reference with your taxes and that is your personal social security earnings.  These are yours not his and the statement covers your entire lifetime, year by year.

https://www.ssa.gov/myaccount/?gclid=EAIaIQobChMImOb90rf3_AIVFhXUAR0cLQ2CEAAYASAAEgL16PD_BwE

Create an account.  You can access your lifetime SS earnings and demonstrate that you were or were not required to file taxes.  All earnings reported by all employers are added on that statement.

Example:  From my statement back in 1984 my taxed social security wages were a whopping $118 (LOL I was a kid).  I assure you I did not file taxes in 1984 for that reason and I assure you I have no idea what that money was for, but I can go back 39 years and show I was not required to file taxes that year because I didnt earn enough to meet the requirement.  Burden of proof on that isn’t my problem it’s theirs. 

You can’t back-file MFS without your personal W2’s and 1099’s and earnings records (and) validity of your marriage or anything about your marriage under the 5-yr rule is irrelevant.  You need to demonstrate you filed the last 5 years of taxes IF REQUIRED and that’s all you need to worry about.  

Step 1 sign up on IRS.gov and pull all the transcripts you can get.  Start there.  Same way we usually pull our tax history.

https://www.irs.gov/individuals/get-transcript

This is a “do nothing and just let it die” situation.  You did what you’re supposed to do, cancelled the petition.  They’ll figure it out.

Or upload (1) document that cancels the case might be one way to kill it.

11 minutes ago, Rebuilt said:

Thank you Mike. Which leads me to another question.

 

I honestly have no idea what my ex-husband was doing about taxes while we were married,  since he was in charge of it the whole time. I want to think that he always filed for both of us, but at this point I cannot even assure that. So, I have decided to ask the IRS for all the information they have on me ever since I became a PR.

 

Assuming he filed jointly for both of us (except for the years when we didn't have income, which are the ones I know of), no problem. But what if he didn't? Would a status of MFS raise any suspicions of not having been in a good faith marriage? Which of course isn't true, otherwise I wouldn't be in this predicament, but one think is reality, another thing is what I can prove, and another what USCIS might think.

 

This is seriously the worst ordeal of my life.

 

On the other hand, how much trouble (USCIS wise) would be to simply list the years in which I didn't file (since I wasn't required to, anyway, so no harm done IRS wise) and explain why?

 

 

 

If you had no income you were not required to file.  If you did not file because you were not required to file then you don’t have to file.

Just now, pushbrk said:

1.  She's not temporarily out.  She hasn't lived in the USA since age 8.

 

2.  Love this idea of shipping household goods, but gotta have a place to ship them to.  Easy enough to arrange and the wait for them will not be as long.

 

I read her posts.  She has a hard climb.

2 hours ago, jingle123 said:

Thanks. Have already re-checked the 3 year category at the very beginning of the form but it still asks me for 5 years. Will try again tomorrow! If that doesn't work I guess I just have to put in my 5 year residence, and ignore the warning saying I have be aborad for more than one year and broke my continous residence! 

 

It will ask for five but wont ding you for only three

Your SS number is yours for life and your previous case won’t effect your current one.  Even immigrants who have surrendered green cards are treated as new applicants.

17 hours ago, jingle123 said:

Hi fellow Visajurney friends! 

 

I'm filling out the 5 year residence info in the online N-400 form.  I'm applying under the 3 year rule as a spouse of US citizen. I got a warning saying I do not meet the residence requirement (I guess because my address for the first 2 years out of the 5 year period was outside US). Well, I only moved to the US 3 years ago and an applying under the 3 year rule, so the first 2 years are irrelevant. 

 

In an attempt to get rid of the warning, I then listed only the relevant 3 year residence in the US,. This time the above warning dissapeared, but I got another warning saying I'm missing information for 2018 and 2019 ( before I immigrated to the US).

Looks like either way my N-400 will be submitted with a warning message on the 5 year residence section.  Will the warning negtively impact my application? Will my form be rejected? Will I still get an interivew? 

Thanks in advance! 

Go back into your application and re-check three year spouse of USC category.  Our application defaulted back to 5-yr in the middle of filling it out and it took forever to find the problem.

If your category is correct put all 5 years history (we did with two years out), complete it, and submit it.

7 hours ago, topaz318 said:

@OldUser@Mike E Thank you very much! Just trying to understand why 179 days before the 5 year anniversary date? On the USCIS website, I am reading 90 calendar days before the 5 year anniversary date.

179 days is one day after the end of the last extended absence.  It takes that absence into account.

8 hours ago, Hadeer said:

I have planned a quick visit to travel to the states rent and get some evidence as they requested but i have 2 concerns i am not sure about them:

 

Is there a minimum time to stay inside the states or it doesn't matter as long as i got what i needed and that in case visa was issued i will travel with my husband?

 

Also renting now means paying rent while it might take a while before getting there so is renting a small apartment or a studio will be an issue or it is not a big deal?

No minimum time and I never took trips to “establish a residence”.  We did pay for insurance we never used and other things to maintain no doubt that we were out temporarily with full intent to come back.
Rent isnt as important as getting all your business and banking and credit cards etc addressed to wherever you are intending to stay, getting a state ID or license, registering to vote, and bringing back all of the evidence that you did that.

Job searching would be good, nothing spells “expedite” like a job offer and starting date.  Probably helps boost the support affidavit.

Before I’d pay rent I’d pay to ship goods over, which you probably have to do anyway.  Nothing spells intent like packing stuff and moving it.

If a visa is issued you must either enter before or with your husband, that’s the rule.  I picked “with” - no way I was leaving my wife alone in KSA.

Normally the embassy emails not calls

I’d be on the horn first thing.  Phone and email.

8 hours ago, JerseyDomRep1 said:

Good afternoon recently got approved for my i130 looking to have all my paperwork ready for the affidavit. My question is what is the best way to claim my taxes for this year. As single or as married filing separate my spouse is still oversees and won’t be filing any taxes at all. Thanks I’m advance for your input.

Single is prohibited.  MFJ or MFS or HOH are your choices.

Whatever you do this year get your spouse’s income together, combine it with yours, exclude it as foreign earned income, and prepare to refile 1040X after he gets a SS number.  You’ll assuredly get more back.

1 hour ago, Hadeer said:

Is it normal when a case is refused for additional information requirement that the consular give back the passports?

That isnt the best sign and now I realize what they want from you.  We’ve been there and it wasn’t her it was me (USC) grilled at the immi counter.  

There is a possibility that you will need to make a trip, get a drivers license, register to vote, check on schooling, and do some job hunting to meet your “intent to establish residency” requirements.  
Our list:  We kept parked registered insured vehicles, had property in a relative’s house and also in storage, maintained our banks and credit cards, kept drivers licenses up to date, and addressed the whole puppet show to the same address.  But:  we were only out 3-4 years at a time which keeping all that up to date made our absence(s) “temporary” 

Well and KSA doesnt allow “permanence” anyway.  That helped.  All stays are “temporary” there but I had to prove a lot of US ties to get what we needed.  Wish you folks the best 👍

19 hours ago, Hadeer said:

Hi,

After over 2 years of wait i went to the interview today with my spouse and 3 years old son, the consular gave us refusal letter asking for more information and including the below:

 

-The consulate wrote a note "I-864A contract with MoH" and this is in the part of joint sponsor (Tax transcript)

-Proof of domicile.

 

I am living in Egypt since 25 years and i never visited the states since i was 8 years old.

 

The joint sponsor is my sister's spouse.

 

 

I would appreciate any advice

 

 

Thanks 

 

 

Proof of domicile for your petitioner or for the joint sponsor?

19 hours ago, Hadeer said:

Hi,

After over 2 years of wait i went to the interview today with my spouse and 3 years old son, the consular gave us refusal letter asking for more information and including the below:

 

-The consulate wrote a note "I-864A contract with MoH" and this is in the part of joint sponsor (Tax transcript)

-Proof of domicile.

 

I am living in Egypt since 25 years and i never visited the states since i was 8 years old.

 

The joint sponsor is my sister's spouse.

 

 

I would appreciate any advice

 

 

Thanks 

 

 

That isnt a refusal.  Sponsor’s spouse needs to submit an I-864A and they will complete your case.

3 hours ago, pushbrk said:

Except he's going to live in a Mexican border town and work in San Diego, not "overseas".

That was one idea

1 hour ago, Kyle6811 said:

It’s not a promise, if I was in San Diego tomorrow I’d have a job in 2 weeks max. My skills are highly sought. Are you trying to say I can’t change jobs during the whole process? 

 “Highly sought skills” bore me.  No you cannot change to an overseas job during this process LOL.
 

You’re doing this and you’re going to do it on cash assets.

Rule is 3X the 125% poverty level cash equivalent assets for a spouse based on your household size.  Bank it and you can do this.

I did it twice.  I know all about how how it works.  

2 hours ago, Kyle6811 said:

Yes, I’d be in the same field just moving to tj. I’ve been in my field for 8 years.work would be in San Diego. 

Not the same field.  The same company.  Promises to get a future job no matter what you do count for nothing. 

On 1/29/2023 at 5:00 PM, Kyle6811 said:

Ok thank you all for your thoughts. That’s kind of what I was afraid of. How much more would it complicate the process if we apply now but then both move to Canada where we can obtain a work visa and live together until the us visa is ready?

Foreign earned income is considered (zero) income for purposes of immigration

5 hours ago, jp1000 said:

K1 expires Feb 26th,

 

I filed AOS at the end of December and they sent it back rejected after 3 weeks.

 

I noticed a mistake in the i-485 so printed a new one and filled it out (hopefully) correctly.

 

I then sent it back off with the package they sent back to me, again, and they've received it.

 

I hope they will give me a NOA number this time but if there's something else wrong and they reject it again and send it back after three weeks, I'll have to try again and maybe seek legal help.

 

In this situation it seems unlikely that there would be any chance of getting an NOA number back from the AOS before the K1 expires, so I'm wondering what my status would be in that case?

 

Could I be in any trouble?

No

3 minutes ago, Dashinka said:

 

I agree.  If the child was under 18 getting child support when your husband filled out the I864, the child should have counted.  As to your forms, I am not too worried about that as the entire "step" relationship is really a technical matter.

Nitas stepchildren (mine) have always been listed except for N-400 where only our two little ones were listed.  But they’re all aged out and on their own.  

8 hours ago, JustXris said:

Yes, the stepchild is a USC and my spouse sponsored my GC. I have reviewed the form I-864 that my spouse filled up. He did not include the child as the child does not live in the same residence with us, although he pays child support. I believe the form is asking for the household size. Did my spouse miss something as well?

Unfortunately he did

He may have missed it on the I130 as well.

Your application is yours, best to list your stepchild then explain the whole thing at interview.  Hopefully the omitted child on I864 did not make a difference on eligibility because such an omission is “material”, affects the outcome of your case, and can result in retroactively stripping of immigration benefits.

I864 instructions say “whether they live with you or not” no actually they actually say “even if you do not have legal custody” unless they are age of majority AND not claimed on your taxes.