Mr Er

The Only Reason i brought it up is yesterday I talked with IRS. They read this also.

Moreover it says if you are going to be eligible to file for SSN than dont file for ITIN. SO technically in future our spouse will be , correct ?

Or at this point they wont , so just go ahead and do it.

Talking in IRS or NVC language, processing I-130 is not a guarentee of VISA to your relative.

Think other way, just consider present (not future), is your spouse eligible to get SSN right now? if yes, then go get SSN, otherwise you are eligible to apply for ITIN.

By the way, extension does not require ITIN or SSN of spouse, all you need to write in the block of SSN is ITIN TO BE REQUESTED.

I hope I answered correctly.

See just a few pages back in this thread - post from ezzieswife.

Your Case Status: Post Decision Activity On February 3, 2011, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.

Actually I meant for the snail mail. What does TSC write in the snail mail (hard copy of NOA2) then ? do they mention that case is already shipped or going to be shipped or any other ####### ?

Yes, our status is Post Decision activity too, and will remain that way. Normally, it takes around 5 days for the approval to be sent from the service center to the NVC. Unfortunately, the Texas Service Center is taking around 40 days to send the approved petitions to the NVC. Unless they speed up, all of us have at least another month to wait before we get our NVC case numbers.

Unlike the California Center, it seems that Texas are emailing and texting us when our file is on its way to the NVC. This is reflected under post decision activity as well.

So, don't worry, we're approved, you're approved, but it's still going to take some time to get out of Texas and on to the NVC.

Then what do they write in approval notice? do they write that we have shipped this case to NVC and now you have deal with NVC directly ?

Has anyone heard the word "HUMAN RIGHTS COMMISION" ?

They will help us but we have to prove that living with spouce is a human need and USCIS is violating that thing.

Hello All, am I correct here that for Mumbai Embassy you take the PCC with you AT THE TIME OF THE INTERVIEW?

Looks like you must be from the state of Gujarat.

Ahmedabad Passport office will make you ask questions like this.

IRS office is open on saturday? anyway, what about copy of her passport? I was told without that u cant do anything. Its stated even on IRS site copy of passport required

Who told you that? I am not cornering you but I also want to learn about it...

By the way, there is no hard need of your spouce's passport to get ITIN if you can produce other documents in original.

refer

http://www.irs.gov/pub/irs-pdf/iw7.pdf

Don't you guys think we should find a ways to track USCIS to NVC Forward activity,,,, and also ways to lit burner under TSC people to get it faster...

I'm trying to think how filing single would look bad to USCIS- I mean, the only reason for filing Married is to get a bigger return! "I didn't file Married so I wouldn't get more of my own money back from the government- sorry!"

Jenny, what I thought and read somewhere on the VJ forum as well is that USCIS can consider tax return filed as Single against bonafied marriage..... not sure about it but simply I do not want to take any risk and also who does not want bigger refund ?

When filing taxes in the USA, you need a tax ID, and for those that don't have an SSN, the ITIN is a substitute. It takes longer for those applying for an ITIN than those just filing regularly cause there's an extra step involved., thus 6-8 week wait (or more during tax season). The only thing you'll be getting in the mail is your refund, along with a paper I'm presuming stating what the ITIN for your spouse will be. After sending in the 1040 with the W7, you don't have to do anything else except cash in your refund

Have your spouse fill out the W7 with her information, have them sign it, and then mail it to you. Or if one of you visits each other, get it then.

What I got today is

(1) You can get ITIN only when you file the tax return (so it will be during the tax season mostly)

(2) You do not need to have ITIN or SSN of spouce to file automatic extension, you can write "ITIN TO BE REQUESTED" in the field of spouce's SSN

(3) I believe you can ammend tax return if you wish to add another dependant (typically spouce is not a dependant) or make a correction (we can fall in this catagory)

(4) But if you file as Married filing seperately and then ammend it, IRS may and may not impose minor penalty on your refund (because your spouce did not file an extension of return for the year 2010 and you are treating him/her as a resident alien in your ammendment, which can be simply understood as your spouce just missed to file a return for 2010)

(5) What I found best thing to do at this time is to file an extension, and write "ITIN TO BE REQUESTED" in the field of spouce's SSN, and you will need original documents of your spouce (birth cert., school record, marriage cert. etc.) for NVC purpose here, so you will get those documents from your spouce anyway, and then file a tax return along with W7 in person at IRS local office. They will make copeis of those docs and return back to you immidietely, and you will be able to file as per MARRIED FILING JOINTLY.... (which ensures maximum refund and no penalty)

(6) Filing as Single or HOH now and then ammend it later can be brutal if US embassy abroad asks for latest tax return of 2010....

how this sounds?

You should file as Married Filing Seperately, if filing single the VO could use this against you for Bonafide Marriage and also be considered Tax fraud.

When she arrives and gets her SSN then file the 1040X to amend your 2010 to Married Filing Jointly and get your big return back. Also when filing the Amendment you can use the 2555 and 1 time exclusion of foreign income.

I think I can not use Married filing seperately, since in that also IRS asks for spouce's SSN

Is there any drawback in filing for an extension ?

Guys,

Looks like there is slim chance to get my wife here in USA before Apr-2011 and I have to think about 2010 Tax Return.

People in the similar situation as me have 2 options to file their Tax

(1) File the tax return using Single or Head of Household by now and then file ammendment when the spouce comes to USA and get SSN.

(2) Apply for tax return filing extension and then file tax return along with spouce's SSN (Married Filing Jointly)if he/she comes in USA before October 2011, otherwise file using Single or Head of Household status in October 2010.

What can be the best and convinient option for us?

<<<< Isnt't it a fraud if we file as Single status even if we are married because of unavailability of SSN or ITIN of spouce? >>>>

has everyone here got the same response ? Is there any differentiation?

" Good Afternoon

Thank you for your inquiry. This file will be requested from records for review.

Thank You

Officer Garza"

Actually Yes, Garza learnt how to copy and paste the same text from boiler plate from his co-workers....

But I really hope he meant what he wrote

I was wondering, how many of us did get email from Sir Garza last week or even before that and still not approved.

I contacted congresman. The lady working for him told me that it is not beneficial to inquiry about my case through congressman when I have previously contacted senator regarding my case. Should I contact congressman and another senator or not? Please advice

In other words,,please do not bug us as you already started talking with other congressional persons. In my experience,, only 1 out of 3 big brothers will be helpful in USCIS matter, only question is how to find that helpful person out of 3.

no approvals today huhhh, and not even any emails from f*****g TSC....

what a mistery

Has anybody idea how many days do TSC take to reply the email ?

I emailed to CSC, TSC and USCIS Headquarter yesterday. However I just got reply from CSC and the officer wrote nothing but the meaningless stuff. I am still waiting for TSC or headquarter's response.

I purposely sent emails seperately and did not do CC or BCC.

You guys are lucky..... atleast you are getting reply from your congressman and senators. here in california, our congressman is not able to get responded by USCIS, he sent inquiry 45 days ago and still he is waiting for USCIS reply. Senator Barbara Boxer wants more detailed writings about the case, I do not know what kind of details she is looking for, I have explained the probelm in detail with page full of write ups.

They are made of the same ####### as of TSC people. TSC should be recognized by TFC--- Texas F*****g Center. That is exactly what they did with our files and lives.

I have raised service requests 3 times, and got different responces from the great people.

first: YOUR CASE IS BEING PROCESSED AND AT THIS TIME VISA IS NOT AVAILABLE FOR THIS CASE.

(what...........)

Second: WE ARE ACTIVELY PROCESSING YOUR CASE, AND YOU WILL BE NOTIFIED IF WE NEED ANY FURTHER INFO.

Third: YOUR CASE IS UNDER REVIEW AND WILL BE ASSIGNED TO ADJUDICATION ONCE IT IS DONE.

What I figure out here is TSC was working until november end and more or less all the files are been processed (remember we all have 4-5 touches in november end), but they have not adjudicated a single one, so once they wake up they can approve all the files quickly, but god knows when.

Also contacted congressman and senators,

Congressman told me to wait for 30 days to get responded by USCIS, and those 30 days are up and no responce from USCIS.

Senators are useless

Has anyone tried Ombdusman? How is he working and effective?

Do we have an option to reapply I-130 at this time ?

What will happen if we submit I-129F at this time ? Will it stay to CSC or move to TSC?

When I started bugging tier 1 CSR, she told me the same thing about TSC,,, And this was before a month. So what I can tell is their world-best computer system is just frozen on the same date. Or it may be a hold on IR1/CR1 also. I bet if you call them after a week, you will hear the same info.

But the strange thing here is I never was told the 16 June thing by any of tier 2 workers.

I do think the transfers and slowdowns are the result of an influx of work that's been put ahead of the family based petitions but they are not on hold. It's slower but we are seeing reports of petition approvals every day.

Have you seen any I-130 approvals from TSC in last 15 days ?

I will be more than interested to learn from where do you see the reports of petetion approvals everyday, I mean TSC approvals (not regular september and october CSC files)

I firmly believe that there is a hold on I-130, atleast in TSC. TSC workers did not even look at the piles of files after 4 touches,,, which can be understod as that they simlpy do not know how to adjudicate the files, remember all 3-4 approvals from TSC still have not been transferred to NVC, that simply means they just have thrown our files to a dead corner including approved ones. And there is also a possibility that they have processed our files completely but they just need to be adjudicated and that is what TSC does not know how to do nor it does care.

I am one of the four I-130 (IR-1) Petitioners that was approved by TSC after being transferred from CSC. My NOA2 date is 23 November. The problem I now face is that I have not yet received my NVC case #. To my knowledge neither have the other 3 petitioners. I called NCSC this morning, and the representative told me that my case had indeed been approved, and that it was forwarded to NVC. I then talked to a representative at NVC, and was told that since I had not yet received my case # by now, that I could expect at least a 90 day additional wait. Wednesday will be 15 business days since my petition was approved. I will send NVC an email with a copy of my NOA2 attached on Wednesday if I still do not have a case #. I don't think it will do any good though. I am now convinced that the transfer from CSC to TSC HOSED ALL OF US!!!!

Looks to me like TSC just stopped working on I-130s regardless of their status, so approved petetions just collecting dust at Texas the same way others which needs adjucation. I think we all who got 4 touches at TSC are ready for adjuducation, thing is some body needs to do it. Unbelievable,,, service centers are actually not helping each other, in the fact they are fighting... TSC might have issues with CSC regarding this transfer and extra work considering the fact that CSC is now working september and they might not so backlogged as seen at that time. While having same ammount of manpower, TSC work schedule of their regular job of employment based visas might get disturbed because of this massive transfer, and offcourse who in government cares about the public and want to work with 100 % efficiency. Just a thought......

we send an email to tsc last night inquiring about our petition cz its past due already and havent receive any noa2..this morning we got a reply from them saying we need to call the NCSC number then ask for the .......

."service request management tool (SRMT) inquiry number, The date that you contacted the NCSC, Your name and receipt number and/or A-number, and If available, the name of the NCSC Customer Service Representative you spoke with. The Texas Service Center will review your e-mail and respond through this e-mail account or through the US Postal Service. "

then e mail it back to them....

hoping this is a sign of progress...

Yes, they are following you down on the the same procedure written on CONTACT US page of USCIS website.

They clearly says to you that contact NCSC (800-375-5283) first and wait 30 days for their action, if you do not get any responce within 30 days then contact appropriate service center. Problem here is you have to open a service request with USCIS NCSC and get the service request number, then wait for 30 days and then you are eligible to email TSC or CSC. Also if you do not get responce from TSC or CSC within 21 days then you can contact USCIS headquarter. In my case NCSC is always saying me to wait for 180 days before opening a service request.

My NOA1 is June 25, 2010

Here is my experience so far with this paranoid

I have sent letters to all 3 senators and congressman, found they are extremely helpful and super active, they advised me to wait for 2-3 weeks for them to come up with a decision on my request whether to help me or not, and once they review my request and decide something then they will communicate with me via mail. And for everybody's knowledge, USCIS has 30 days to respond back to congressional inquiry, and not 3 days as somebody posted somewhere on VJ forum.

I tried to explain this TSC transfer problem to Tier-2 also, but they even not place a service request for me, every time I am hearing that the system says currently you are not out of normal processing time. What a nice and satisfying answers.....

I haven't wrote anything yet to TSC, CSC or Ombudsman yet, I am just waiting for any responce from congressman or senator, and then plan to write to remaining places (I mean TSC, CSC, USCIS Headquarter, Ombudsman).

Really painful time.....I am trying to stay positive, but what I found is I can stay positive until the process is fair and everybody is slowed down, but it's really hard for me to stay the same when our friends who filed in september are now at NVC, and we are told to wait more 180 days.

Fact here is TSC is not doing I-130 for long long time, whatever 3-4 approval we have seen here those can be during training period of TSC USCIS employee.

Welcome to America,,,,,,

Well, I contacted all 3 at same the same day. Both CA senator and congressman offices said me to wait 2-3 weeks for them to decide whether to help me or not. ridiculus at some point because I read other people get help within a week (ofcourse they are not in CA). I hope we get help from our senators and congressman and get out of this mess.

Let me know, how much they suggest you to wait before giving you any word?

Guys, I was just wondering and thinking some crappy ways to help us getting out of this mess...

Is it worth if we file for K3 at this time (most of us are now on 5 month mark), I know K3 is just a dead end, but I heard USCIS is generally process K3 and CR1 together, and if that is true, then CSC will receive our K3 petetion and they will inquire about pending CR1 for perticular application and that may trigger approvals for these long time pending files ??????

What do you think ???

I know this may be bad idea but that is what I want to know, if this is bad or good ??