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Posts posted by Mochamich
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I couldn't help myself all this talk about taxes I am curious to know how we should file since we are all now Married. Here's what I found out.
QUESTION: Recently married my husband is an immigrant, in process to receive green card. However, we have not received anything from INS. And his status has now turned to illegal alien. Can I still claim him in this coming years taxes?
ANSWER: You can file a joint return with him, but he will need a taxpayer identifying number or social security number for you to do so. Use IRS Form W-7 to apply for a Taxpayer Identifying Number. A copy is here: http://www.irs.gov/pub/irs-pdf/fw7.pdf
The application is mailed with your tax return. From the IRS:
"What are the revised application standards for ITINs?
Effective immediately, each ITIN applicant must now:
* Apply using the revised Form W-7, Application for IRS Individual Taxpayer Identification Number ; and
* Attach a federal income tax return to the Form W-7.
Any applicants who meet an exception to the requirement to file a tax return (see the instructions for Form W-7) must provide documentation to support the exception."
The tax return and W-7 are mailed to:
Internal Revenue Service
Austin Service Center
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342
Also: "You may also apply using the services of an IRS-authorized Acceptance Agent or visit an IRS Taxpayer Assistance Center in lieu of mailing your information to the IRS in Austin. TACs in the United States provide in-person help with ITIN applications on a walk-in or appointment basis. Applicants outside the United States should contact an overseas IRS office to find out if that office accepts Form W-7 applications. The IRS's ITIN Unit in Austin issues all numbers by mail."
( Answered 10/18/11 10:23am ,Views by community 60 )
You can also file Married filed separtely but it truly depends on the couple. Hope this info is helpful.
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Hi Mani I know this process is really stressful I pray that you get an answer soon. How are you dealing with the stress? You can always count on VJ for support. Your not alone. I'm just glad they didn't send you an RFE.
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Interesting!! I never thought about "tax advantage" besides the benefit of proof as a couple when filing jointly. I'm looking ahead to ROC 2 years from now for my wife, so having joint tax returns for the next 2 years is important to me
Hate to sound like a commercial but Turbo Tax is really helpful when self filing. There are all these forums (similar to VJ) that help you with any questions. Could be a great help.
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My wedding day is set for January 11th. It's not fancy or anything, just a short 15 minute thing at the courthouse. But I still got a dress and we got rings. There isn't any issue if I choose not to change my last name to his, right? I weighed the benefits and drawbacks and it made more sense to keep my last name the same for now.
I'm debating the name change thing myself. Haven't changed anything yet. Hope you have a wonderful wedding day:)
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Hi Ruijby. Sorry to hear about your RFE the process with AP sounds stressful. But we are praying everything goes well for you, your wife, and baby.
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We sent ours Friday Dec 30,2011 so Technically we are January filers. Anyway I would love to join this AOS group. Next step is the NOA1. How long does it usually take until the NOA1? That and the is a AOS flowchart to follow.
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I sent my application in december 3rd I used my fiance's address in Haiti, but he is currently studying in DR. Would that present a problem for us?
Where on the application did you put your Fiance's address?
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Hello
I am reading through the step by step K1 visa guide (i received my NOA2 mid December) and i have got to the section:
- What to send to your fiance(e) once the I-129F is approved (Receive NOA2)
One of the things on this list is an I-134 form. The USCIS website doesn't tell you where to file this form as it depends on where the non US citizen resides and which form has been filed. The form we have filed so far is the I-129F and I live in the UK
Does my fiance need to complete this and collect all of the evidence and send it to me to take to the interview or does he need to file this himself in the states?
Please help!
Your fiance(e) will fill out the form and evidence and send the entire application in to USCIS for processing. It would also be helpful for you to make a copy of all documents and proof sent for your records and interview process later on.
The answers is yes. Your fiance(e) needs to complete everything and send it to both you AND USCIS.
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Ahh Lisa + Michael, I saw some of the post, but I also saw some posts (as well as what is recommended by visa journey) where they said that you still need to go to a civil surgeon to certify (to fill the form), and they will check your vaccine forms and fill up the form. however, if you have had the medical within the last one year, you DO NOT need a medical examination.
So, you will still need a civil surgeon to certify, the only difference, is the medical check up.
I'm paying it safe and getting it certified anyway even though i have all the vaccines done.
Thanks anyway! i hope it will be easy!
I'm glad I'm not alone in this situation. A friend of ours explained to us that her medical (although completed in Haiti) was incomplete. She needed to get the vaccines she did not receive before sending out her paperwork. We are bringing ours to a CS just in case
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Congrats everyone! we are all here! one year later!
I think i'm probably the last of the decemberite getting my SSN and AOS stuff done.
We finally got married in SF on tuesday (13 dec) and I'm starting the paperwork for everything esle!
Question:
For SSN: What did you guys tick for: Citizenship (legal alien allowed to work? legal alien not allowed to work? others?)
Anyone in the SF area found a good civil surgeon?
No your not alone. Paperwork is 80% complete the whole Physical/vaccine thing is holding us back a bit. I don't get why we need to have a physical done again if the medical was completed already. If you go to the USCIS website and type in your zip code they will list all the Local civil surgeons in your area.
Good Luck
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Fantastic news and speed processing! Continue your happy dance, USCIS stress will be over for awhile!!!
Lise
Yes I 2nd that Congratulations!!!!
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Thanks for replying
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CONGRATULATIONS!!!!!!!!! I am sooooo happy for you. All the stress and strain you went through is finally over. I will pray for a safe entry for your Husband.
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Hi VJ community
We are working on our AOS package and we are confused about the Medical. My husband completed his medical in Haiti we are wondering will he have to complete another medical here in the US before we send out our Package?
Thanks everyone
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so happy to hear from some of the haiti filers! i have missed hearing from everyone! haha!
i just wanted to let everyone know that i am leaving haiti to come to america on december 17 and will return to haiti on january 5. if anyone needs any paper work sent in or out of haiti, i can help you out!
Hope you have a safe trip. How are things in Haiti?
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Hey all
I haven't checked in for awhile. I wanted to help keep the thread alive. :thumbs up
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Yes I agree. There is really no need for an attorney. The VJ guides are really helpful and the community has a lot experience filing for AOS. You are in good company
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When filing for AOS should we send our original Marriage license? I really hope not we went through a lot to get it and would hate to give an orginal copy to USCIS
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A the income from a Co-sponsor will help also
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yes I am glad also to hear paperwork is sent out. Are you sticking with the lawyer for the rest of the journey?
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Hi December family
Just thought I'd pop in to let you all know we will be begining our AOS journey shortly. It's been a crazy roller coaster but I'm excited. Can't to see all the approvals
Yay! We just filed AOS/EAD/AP today.
Crossing my fingers it all goes well!
Whew... glad that step is done at least.
Congrats!!! So exciting
Wasn't it just yesterday we were all waiting for NOA2?! Amazing
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Here is some helpful info for you all. This I took from some other helpful VJers from my time filing.
NOA1 in hand, NOW what do I do?
For the Beneficiary of K-1 Petitioner:
Required Documentation
You, the foreign-citizen fiancé(e), ...... will be required to bring the following forms and documents to the visa interview:
One (1) Nonimmigrant Fiancé(e) Visa Application, Form DS-156K .
A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions)
Birth certificate
Divorce or death certificate(s) of any previous spouse(s) for both you and the U.S. citizen sponsor
Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)
Medical examination (vaccinations are optional, see below)
Evidence of financial support (Form I-134, Affidavit of Support, may be requested)
Two (2) 2x2 inch photographs. See the required photo format explained in Nonimmigrant Visa Photograph Requirements
Evidence of relationship with your U.S. citizen fiancé(e)
Payment of fees, as explained below
Note: The Consular Officer may ask for additional information, such as photographs and other proof that the relationship with your U.S. citizen fiancé(e) is genuine. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview clear, legible photocopies of civil documents and translations, such as birth and divorce certificates. Original documents and translations will be returned.
Medical Examination and Vaccination Requirements
In preparing for the interview, applicants will need to schedule and complete a medical examination. Before the issuance of an immigrant or K visa, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. You will be provided instructions regarding medical examinations from the U.S. Embassy or Consulate where you will apply for your visa, including information on authorized panel physicians. See Medical Examination for more information, including a list of panel physicians by country, and frequently asked questions.
K visa applicants are encouraged to get the vaccinations required under U.S. immigration law for immigrant visa applicants. Although such vaccinations are not required for K visa issuance, they will be required when adjusting status to that of legal permanent resident following your marriage. Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination. See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional information.
Proof of Financial Support and Affidavit of Support Forms
During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).
The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.
Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?
No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.
Fees - How Much Does a K-1 Visa Cost?
Fees are charged for the following services:
Filing an Alien Fiancé(e) Petition, Form I-129F
Nonimmigrant visa application processing fee, Form DS-156
Medical examination (costs vary from post to post)
Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the U.S. Embassy or Consulate for an interview. Costs vary from country to country and case to case.
Filing Form I-485, Application to Register Permanent Residence or to Adjust Status
For current fees for Department of State, see Fees for Visa Services. For current fees for USCIS, see Check Filing Fees on the USCIS website.
1. CALIF SERVICE CENTER PROCESSING TIME: https://egov.uscis.g...TimesDisplay.do
2. VERMONT SERVICE CENTER PROCESSING TIME: https://egov.uscis.g...TimesDisplay.do
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Hello everyone
Couple of things. I know everyone must be getting ready for the Thanksgiving Holiday. Any Haiti filers traveling to Haiti to see their loved ones? What are you plans?
That and I have been getting a lot of question about the Visa process. Some I've been able to help others could use info from other Haiti filers. Here are some of the questions I recieved:
After NOA2 what is the protocol for NVC to Embassy?
How long until I can pick up my visa?
Where do I pick up the visa?
Let's keep the thread alive invite others and don't forget to follow this thread in your settings.
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People now as i received the email of NOA1 with my case number can i call USCIS to request for an expedite?
Oh wow congrats!!! (better late than never) That means NOA2 is coming next this is good sign.
All of my documentation (airlines, hotel, etc) is from Santo Domingo. In my letter regarding our relationship, I never mentioned that he lived in the DR. I just said that due to the conditions (earthquake) in Haiti and the US travel warning. We decided to meet in the DR. I am hoping this works. I think is should they do have a travel warning on their website.
Are you planning to visit him in DR for the Thanksgiving holiday?
ID for Biometrics appointment
in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Posted
On my husband's letter for his Biometrics appointment it says if he does not have the proper ID he will not be allowed to continue with the appointment. Will they accept his passport with I-94 as proper identification? Or will we need to have a state issued ID from the DMV to go through with Biometrics?