NVC Filers - December 2012

[srey 12]

I'm still waiting for my interview date. Today I got an email with the quoted message. Case was completed back on Dec. 14. Any ideas what this means?

NVC Case Number: XXXXXXXXXXXXX

Dear Sir or Madam:

The National Visa Center has received all documentation necessary to complete pre-processing

of your case. As soon as an interview date has been scheduled, the applicant, petitioner

and attorney (if applicable) will be notified.

The applicant should NOT make any travel arrangements, sell property, or give up employment

until the US Embassy or Consulate General has issued a visa.

The US Embassy or Consulate General may require additional documentation at the time of

the interview. Additional documentation requirements if applicable can be referenced at

the following URL: http://travel.state..../info_3742.html

Sincerely,

Director

National Visa Center

Case Number: XXXXXXXXXXXXX

Beneficiary's Name: XXXXXXXXXXX

Preference Category Name: CR1

Priority Date: 24-APR-12

[rade2rising 205]

this is just email notifying you that your case has been completed. guess you already know this. you have to keep waiting for your interview date

[OriZ 3,157]

Based on what you've written, she has no USA Domicile.

She'll need, instead, to go the 'prove-up re-establishing of USA Domicile' route.

Remember, it has to be shown on interview, not needed prior - so she has some time. Not a lot - but enough.

My apologies for not answering sooner, I've been prepping for a plane jump to China. I made time to read, really read, your list o stuff, moments ago.

No problem....do you or anyone else have any suggestions besides what I mentioned? Do you think what we have is enough?

[bluetina 7]

I have a question for VJ tax experts, does my husband has to file 2012 tax return as married although I don't have a social security number as I've never been to USA before or can he file as single ? I'm affraid that this will be a problem at the embassy.

[Saylin 1,605]

I have a question for VJ tax experts, does my husband has to file 2012 tax return as married although I don't have a social security number as I've never been to USA before or can he file as single ? I'm affraid that this will be a problem at the embassy.

If he's married, he CANNOT file as single. You have 2-3 choices: married filing jointly, married filing separately, or head of household (certain conditions must be met for this one). The foreign spouse doesn't need a SSN to file together. You'll apply for an ITIN at the time of filing. This is what I did with my husband for 2011 (tax year 2010). He filled out a 1040, I filled out a W7, then sent it in to the ITIN department. They assigned me a number, then sent the package to the IRS to complete the tax work.

[bluetina 7]

If he's married, he CANNOT file as single. You have 2-3 choices: married filing jointly, married filing separately, or head of household (certain conditions must be met for this one). The foreign spouse doesn't need a SSN to file together. You'll apply for an ITIN at the time of filing. This is what I did with my husband for 2011 (tax year 2010). He filled out a 1040, I filled out a W7, then sent it in to the ITIN department. They assigned me a number, then sent the package to the IRS to complete the tax work.

Thanks Saylin, does married filling seperatly also need me to get an ITIN number ?

[Saylin 1,605]

Thanks Saylin, does married filling seperatly also need me to get an ITIN number ?

Yes, as the 1040 is used in both cases and on the form it asks for the spouse's SSN.

[bluetina 7]

Yes, as the 1040 is used in both cases and on the form it asks for the spouse's SSN.

So I think I'm in trouble now because my husband filled 2011 tax as single and we were married on october 2010.

his accountant told him that he cann't file as married as I don't have a SSN

[Darnell 8,478]

So get an ITIN with the next round of filing for TY 2012, or file this week, the 1040Xs on the prior years (2010, 2011) and submit the ITIN application with the 1040Xs.

His accountant is dead wrong, fwiw. I'd ask for a partial refund, per tax year, or submit an invoice for a partial refund .

Edited December 26, 2012 by Darnell

[Saylin 1,605]

So I think I'm in trouble now because my husband filled 2011 tax as single and we were married on october 2010.

his accountant told him that he cann't file as married as I don't have a SSN

Sadly, a lot of tax accountants don't know what they're talking about when it comes to taxes with foreign spouses. I've seen it all the time on here where they suggest to the USC to file as single, when they're LEGALLY MARRIED. The IRS has a solution for those without SSNs and that's the ITIN. You should get your husband to amend his 2011 taxes as soon as he can. Not only is filing single (while married) wrong with the IRS, but it can be a red flag with the embassy at the interview. They'll wonder why your husband is still filing as single when he's married, unless the marriage is just a fraud.

[Darnell 8,478]

Yup - 2 1040Xs, one for 2010, one for 2011. Can prep those this week, WITH a W-7 PLUS the required W-7 documentation, file all to the special W-7 address in Austin Texas (all via paper, submitted via postal mail)

Want to be proactive? get two 1040Xs today, print them out, sign in the spouse area. Print a W-7, fill it out, sign it.

Get yer passport copy notarized with the US Embassy this week.

Send all to yer husband via fast post.

[bluetina 7]

Thanks Darnell and Saylin so much, so if I got the ITIN could the 2012 return as married be enough or I must amend the 2011 ones.

because I think it is immpossibe to send the W7 form now from egypt to US in less than a week

thanks again.

[Darnell 8,478]

this is for I-864 submittal?

Here's a hint - can submit new I-864 to the IV Unit on interview day, with new tax return stuff.

[bluetina 7]

this is for I-864 submittal?

Here's a hint - can submit new I-864 to the IV Unit on interview day, with new tax return stuff.

Yeah I think I'm going to do that, I will get the ITIN for 2012 tax return and make my husband file as married. But the problem will be the 2011 ones.

[Darnell 8,478]

so fix the 2011 and 2010 returns this week, via filing TWO 1040Xs with the W-7.