NVC Filers - March 2013

[jackie n alex 6]

NOOOO Still nothing as of 2 pm today. I have a service request the the USCIS open and emailed my copy of the NOA2 to the NVCresearch. My husband worries our good luck was only for the USCIS

Yes we have the same approval dates.. Where you approved at the NBC or somewhere else?

My I-130 was at the NBC then it was sent over to the chicago local office. I uscis claims it's not being 30days since Feb was a short month and they didn't help me much. I email my NOA2 to nvc hoping they get it together and get the case going. Hiw did you do it to get the USCIS help you??

[jackie n alex 6]

It's so sad to see everybody having so much trouble with their cases lately! I'm convinced it's the local offices. Everyone who's having trouble filed after August 2012, and if you'll notice EmilyMary's case got to NVC within a week, probably because she filed in July 2012 and was processed at VSC. I wish the field offices would get their ####### together.

you got that right, My case was at a local office. and all this waiting and calling and no one can give us the right answer is torture.

[jdba 22]

My I-130 was at the NBC then it was sent over to the chicago local office. I uscis claims it's not being 30days since Feb was a short month and they didn't help me much. I email my NOA2 to nvc hoping they get it together and get the case going. Hiw did you do it to get the USCIS help you??

I just called and the ISO offered to start a service request because she could not see any info from the NBC on when it was shipped. I said the NVC claims not to have it and I would like some proof it was shipped and when. Plus any tracking info they had.

She said that have 30 days to ship it, but because it shows approved and shipped she would start a request. It was a very nice lady.

[MnMs 1]

DO NOT PUT SINGLE WHEN YOU ARE MARRIED. That would be lying to the IRS, and if caught, you can get into serious issues. Plus, it can also be a HUGE red flag at the interview. If an officer sees you're filing for a spousal visa, yet filed single on your tax returns, what does that say? That this is a sham marriage? Think about it.

You have TWO options:

-Married Filing Separately (MFS)

-Married Filing Jointly (MFJ)

Both have to be done by paper. No electronic submissions are possible.

Filing MFS will probably be the easiest for most people as it doesn't require any extra documents from the foreign spouse. On the tax return, where it asks for the spouse's SSN, you would put 'NRA' for Non-Resident Alien. Continue filling out the rest of the return as normal. That is all you have to do. And if desired, once the spouse has immigrated to the US and has obtained a SSN, the petitioner can then amend their tax return, to possibly get a bigger refund.

Filing MFJ will typically mean a bigger refund up front, with no need to amend. This route takes a little more work though as the beneficiary will have to fill out a W7 (available on the IRS site) and include document(s), so they can obtain a ITIN (it's like a SSN, but for the sole purpose of filing taxes). This would then be included with the tax return, and sent to a special address for ITIN generation. For most countries, it may be hard to get the needed documents. (For Canada, it was uber easy, and this is how my husband did his taxes while I was still in Canada, waiting for my interview).

hey Saylin, thanks for your valuable info on the tax issue....

i clearly understand your above quote, but what i'm confused about is that...when i went and read about the form w-7 on the irs website...it says that the form w-7 is only filled by those who will never get a SSN...but in my case, my husband will be getting a SSN when he lands here..so do we have to fill out the form w-7?? couldn't i just ask for an extension until my hubby gets here and gets his SSN and then file the taxes for the year 2012 as MFJ.

and also if i may ask, what are the needed documents from the foreign spouse in order to obtain an ITIN?..i tried searching for them at the irs website..but unfortunately couldn't find them under the instructions of the form w-7.

[jdba 22]

you got that right, My case was at a local office. and all this waiting and calling and no one can give us the right answer is torture.

My case is missing but it was never at the local offices. It stayed at the NBC.

[aprice138 16]

Got my IV Checklist. Dont see that last page showing

"General Instructions

[x] The checklist below indicates missing or incomplete documents."

that I had for my AOS checklist. Could this be a false checklist just due to not reviewing the AOS checklist documents yet?

On hold right now and have been for 18 minutes. I almost think someone here could answer me faster. HA

[oohpartiv 484]

My case is missing but it was never at the local offices. It stayed at the NBC.

I think that's the problem. There's a theory floating around the the field offices send the cases back to NBC after approval so they can send out the NOA2s, and forward them to NVC. I think cases are getting lost somewhere along the route. Just a guess, though.

[Saylin 1,605]

hey Saylin, thanks for your valuable info on the tax issue....

i clearly understand your above quote, but what i'm confused about is that...when i went and read about the form w-7 on the irs website...it says that the form w-7 is only filled by those who will never get a SSN...but in my case, my husband will be getting a SSN when he lands here..so do we have to fill out the form w-7?? couldn't i just ask for an extension until my hubby gets here and gets his SSN and then file the taxes for the year 2012 as MFJ.

and also if i may ask, what are the needed documents from the foreign spouse in order to obtain an ITIN?..i tried searching for them at the irs website..but unfortunately couldn't find them under the instructions of the form w-7.

The W7 is for those that aren't eligible for a SSN right NOW. Which your husband isn't as he's not in the US right NOW. Doesn't matter about the future. I filled the W7 with absolutely no issues. I got assigned an ITIN for 2010 tax year. Two months later, I landed in the US in May, had my SSN by June. Again, no issues.

Sure, you can ask for an extension, that's another possibility. The IRS has no problem with that. But, keep in mind, the embassy may have a problem with it, as they may want to see 2012 taxes. Doesn't matter if you have an extension or not. I've seen people put into AP for this in the past. That's why it's easier/better to file as MFS, that way you've filed your taxes, so no worries at the embassy, plus you won't need any documents from the foreign spouse.

Please read the instructions for the W7. It clearly lists what documents can be used. Here's the link: http://www.irs.gov/pub/irs-pdf/iw7.pdf The table is on the top left of the third page.

Got my IV Checklist. Dont see that last page showing

"General Instructions

[x] The checklist below indicates missing or incomplete documents."

that I had for my AOS checklist. Could this be a false checklist just due to not reviewing the AOS checklist documents yet?

On hold right now and have been for 18 minutes. I almost think someone here could answer me faster. HA

Definitely sounds like a false checklist: they reviewed your IV package, but are waiting for your checklist response to the AOS. Which you've sent already, they just haven't gotten to it yet. But, always call to confirm

[MnMs 1]

thanks Saylin...i 4got about the embassy part...thanks for reminding me with your response.

[floyd 0]

DO NOT PUT SINGLE WHEN YOU ARE MARRIED. That would be lying to the IRS, and if caught, you can get into serious issues. Plus, it can also be a HUGE red flag at the interview. If an officer sees you're filing for a spousal visa, yet filed single on your tax returns, what does that say? That this is a sham marriage? Think about it.

You have TWO options:

-Married Filing Separately (MFS)

-Married Filing Jointly (MFJ)

Both have to be done by paper. No electronic submissions are possible.

Filing MFS will probably be the easiest for most people as it doesn't require any extra documents from the foreign spouse. On the tax return, where it asks for the spouse's SSN, you would put 'NRA' for Non-Resident Alien. Continue filling out the rest of the return as normal. That is all you have to do. And if desired, once the spouse has immigrated to the US and has obtained a SSN, the petitioner can then amend their tax return, to possibly get a bigger refund.

Filing MFJ will typically mean a bigger refund up front, with no need to amend. This route takes a little more work though as the beneficiary will have to fill out a W7 (available on the IRS site) and include document(s), so they can obtain a ITIN (it's like a SSN, but for the sole purpose of filing taxes). This would then be included with the tax return, and sent to a special address for ITIN generation. For most countries, it may be hard to get the needed documents. (For Canada, it was uber easy, and this is how my husband did his taxes while I was still in Canada, waiting for my interview).

Oh my god - so what should I do now. I asked my accountant and even my work place a bunch of times to submit Married Filing Separately but I was told that because spouse does not have SSN, I will not be able to add her.

In fact even my lawyer that I used for I-130 said it is up to me whether I file single or married since my spouse has never been here and has never worked since I got married (she is a student in India)

Now I am so worried - should I not send the AOS packet and just refile last years tax (and even this year tax that I just completed last week).

Or should I just go ahead with sending the packet. Just when I thought I was finally ready, I realized this issue with the taxes - I am so nervous now (((

Is there something I can do in advance - like writing a cover letter explaining why I filed single or even submitting a print out from my office - where they added my spouse as a beneficiary to my retirement plan etc?

Please help!!!!!!

Edited March 9, 2013 by floyd

[Elxan 4]

I repeat from above:

Advantage of sending them separately: the AOS is reviewed quicker (than sending it with the IV package, which is typically 1-2+ weeks later), so "more" time to respond to checklists, if there are any.

Advantage of sending them together: you save on postage.

That's all I've seen as far as advantages for both.

Thank you Saylin !

You have clarified this issue in my head.

[aprice138 16]

Definitely sounds like a false checklist: they reviewed your IV package, but are waiting for your checklist response to the AOS. Which you've sent already, they just haven't gotten to it yet. But, always call to confirm

Guy said they want a piece of paper saying "He never got convicted nor charged, there is no court record." Totally ridiculous I think! Oh well. Overnighted. Will be on their desk on Monday. Hope to get a case complete next week maybe!

Maybe still be in time to get an April interview date. MAYBE! Cmon NVC!

[Elxan 4]

hey Saylin, thanks for your valuable info on the tax issue....

i clearly understand your above quote, but what i'm confused about is that...when i went and read about the form w-7 on the irs website...it says that the form w-7 is only filled by those who will never get a SSN...but in my case, my husband will be getting a SSN when he lands here..so do we have to fill out the form w-7?? couldn't i just ask for an extension until my hubby gets here and gets his SSN and then file the taxes for the year 2012 as MFJ.

and also if i may ask, what are the needed documents from the foreign spouse in order to obtain an ITIN?..i tried searching for them at the irs website..but unfortunately couldn't find them under the instructions of the form w-7.

I totally agree with Saylin!

Here is a related discussion on the form - Taxes - filing-single-vs-filing-married

[Mina90 134]

Just called NVC after getting an IV false checklist:

F - FINANCIAL EVIDENCE:______________________________________

The NVC has received the requested Immigrant Visa Application (DS-230). However, we are still

waiting for the response to the checklist letter for the Affidavit of Support (Form I-864). Please return

the requested information so that we may complete the processing of your case.

When responding to the National Visa Center, please include the bar code sheet that came with this

letter. Failure to include the bar code sheet may cause a delay in the processing of your case. The bar

code sheet should be placed on top of all documents being submitted for this case and mailed to the

address provided.

IV has been accepted. Waiting for the AOS checklist to be reviewed, then case complete. This whole journey is so stressful. I've been losing so much hair lately.

[X Factor 1,112]

YAYYYY NVC has recieved my case!!! Now just need my case number!!!

ConGraTuLaTions