NVC Filers - March 2013

[GoingCrazy2012 16]

Hi there! It's me back from a long break at Visa Journey LOL! For Saylin or any good friend around, Where would it be the right forum to ask questions about "Ramoval of Conditions"?

We still have time to get there but I'm in the military and I might be stationed overseas when the time of filing comes.

[oohpartiv 484]

loool I think this comment is stated every 10 or 15 pages in every NVC thread! We ALL feel this way!

I haven't had a chance to update but as you can see from my signature all payments have cleared (IV bill took only 1 day! Guess they were making up for taking 8 days with the AOS bill? lol) and all packages have been sent. I should give it a week before I start calling for case complete, right? They should receive both IV and AOS packages on Monday...

I would wait about a week from the time they receive the packages. Mine got received last Monday, and my case got completed Tuesday of this week, so 8 days later. If they receive it on the 11th, I'd start calling on the 18th.

[floyd 0]

If you got married at the end of 2010, then you need to amend that year too (if you filed single). But yes, when you can (I suggest the sooner, the better), amend all the years that you filed single when you were actually married. Once the IRS has accepted and processed your return, request for those years' tax return transcripts again. They should now read MFS/MFJ (depending which way you go).

You can include a paragraph if you wish in the cover letter, but it's not needed. But if it'll make you feel better, do it!

As long as you send the amended returns relatively soon, it should only take a few weeks I expect. I doubt the IRS takes that long. Then just another week or so to receive the tax return transcript in the mail once you request it.

And whether filing single will be a big deal or not is up to the embassy and the officer who receives your case. Some might not even notice, some might notice, but not care. Everyone's different. Just bring all the evidence you can to the interview, along with the new transcripts, and keep your fingers crossed!

I will probably go for MFS - as I don't want to deal with getting an ITN number etc. for my spouse - she has never had an income abroad so I doubt it makes any difference.

I just called my accountant and he said I can come and he can file all the tax returns as amended. He still says that my information is wrong and although I can file married, it's perfectly okay to file single since the spouse is not (and never has been) in the US. I will go and meet him later today or on Monday and ask him to file it anyway.

One more thing I noticed was that my paycheck also says "Single" - basically I never changed it - again - my employer said if the spouse is a non-resident alien, I don't need to add them.

So these paychecks are going to go as part of my AOS packet (along with transcripts) - but I will take a chance and not draw attention towards it by not putting anything in the cover letter around this and hope that they ignore it.

From a pure tax point of view - is there a big difference between single and married filing separately? I have received a return last couple of years and I am hoping that I don't have to pay a lot of money back to IRS (of course that is accounting question that will be clear once I do the taxes).

[Mntjc 14]

loool I think this comment is stated every 10 or 15 pages in every NVC thread! We ALL feel this way!

I agree! On weekends, I know for sure that nothing will happen and I don't like it!

Still waiting and feeling a little bit more anxious every day.

We're qualifying mainly on assets so I'm worried they might request a co-sponsor (which is not bad but would further delay our case and plans).

I'm going to call again on Monday.

let's stay strong!

[Sarsoor 8]

Hey can you guys help me in answering those questions I have in this topic: http://www.visajourney.com/forums/topic/418721-nvc-expedite-process/page__p__6034025__fromsearch__1#entry6034025

Thanks all

[Ryan H 3,810]

Where would it be the right forum to ask questions about "Ramoval of Conditions"?

Here: http://www.visajourney.com/forums/forum/86-removing-conditions-on-residency-general-discussion/

[Saylin 1,605]

loool I think this comment is stated every 10 or 15 pages in every NVC thread! We ALL feel this way!

I haven't had a chance to update but as you can see from my signature all payments have cleared (IV bill took only 1 day! Guess they were making up for taking 8 days with the AOS bill? lol) and all packages have been sent. I should give it a week before I start calling for case complete, right? They should receive both IV and AOS packages on Monday...

I'd say start calling on Tuesday, the day after

Hi there! It's me back from a long break at Visa Journey LOL! For Saylin or any good friend around, Where would it be the right forum to ask questions about "Ramoval of Conditions"?

We still have time to get there but I'm in the military and I might be stationed overseas when the time of filing comes.

AHHHHHHHHHHHHHHHHHH!!!!! Omg, hiiiiiiiiiiiiiiiiiiii! *jumps up and down excitedly* How have you been doing all this time?

And Ryan gave you the link to the correct forum

I will probably go for MFS - as I don't want to deal with getting an ITN number etc. for my spouse - she has never had an income abroad so I doubt it makes any difference.

I just called my accountant and he said I can come and he can file all the tax returns as amended. He still says that my information is wrong and although I can file married, it's perfectly okay to file single since the spouse is not (and never has been) in the US. I will go and meet him later today or on Monday and ask him to file it anyway.

One more thing I noticed was that my paycheck also says "Single" - basically I never changed it - again - my employer said if the spouse is a non-resident alien, I don't need to add them.

So these paychecks are going to go as part of my AOS packet (along with transcripts) - but I will take a chance and not draw attention towards it by not putting anything in the cover letter around this and hope that they ignore it.

From a pure tax point of view - is there a big difference between single and married filing separately? I have received a return last couple of years and I am hoping that I don't have to pay a lot of money back to IRS (of course that is accounting question that will be clear once I do the taxes).

It seriously boggles me how anyone, anyone can think that filing single is legal when you are LEGALLY MARRIED. It does NOT matter where on Earth (or where in the solar system) the spouse is. ONE IS STILL LEGALLY MARRIED. These tax accountants that suggest filing single while married should all be fired

If you can, I'd suggest updating your work with the fact that you're married. Again, doesn't matter if she's a non-resident alien or not, you're still married. I'd then suggest bringing an updated pay stub or two with this new status to the interview.

And I don't know the different between single and MFS from a tax point of view. I'm sure it depends on how much you made. I'm sure you'll find out soon enough. If you want, once your spouse arrives in the US and has a SSN, you can amend the taxes again (to MFJ). You'll probably get a nicer refund back that way

I agree! On weekends, I know for sure that nothing will happen and I don't like it!

Still waiting and feeling a little bit more anxious every day.

We're qualifying mainly on assets so I'm worried they might request a co-sponsor (which is not bad but would further delay our case and plans).

I'm going to call again on Monday.

let's stay strong!

Keep in mind, even if you do pass NVC's "inspection", you'll still have to get through the embassy's. Remember, just because the AOS might pass through NVC, doesn't guarantee it'll be accepted by the embassy. In most cases, yes. But embassies tend to have their own rules and may demand a joint sponsor, even if you passed NVC without one.

[hamigirl710 112]

Wow it is so quiet in here tonight! I hope everybody is having a great night and don't forget to set your clocks ahead 1 hour if you are in the USA that puts me 1 hour closer to Monday and a possible case complete this week!!

Edited March 10, 2013 by hamigirl710

[Saylin 1,605]

Wow it is so quiet in here tonight! I hope everybody is having a great night and don't forget to set your clocks ahead 1 hour if you are in the USA that puts me 1 hour closer to Monday and a possible case complete this week!!

Yeah, I thought my email was broken or something as I was getting no notifications for this thread! You can definitely tell it's the weekend: almost 12 hours go by without a single post!

[hamigirl710 112]

Yeah, I thought my email was broken or something as I was getting no notifications for this thread! You can definitely tell it's the weekend: almost 12 hours go by without a single post!

We are only 9 days into March and on page 65 so this thread is very active but I guess everybody is depressed that the NVC closes on weekends...I know I am lol

[NepaliDreamer 8]

It seriously boggles me how anyone, anyone can think that filing single is legal when you are LEGALLY MARRIED. It does NOT matter where on Earth (or where in the solar system) the spouse is. ONE IS STILL LEGALLY MARRIED. These tax accountants that suggest filing single while married should all be fired.

I wasn't clear on this myself, however I filed using Married filling separately and entered NRA (non-resident-alien) where my wife's ITIN would go if she had one. On the instructions for Form 1040 page 13 it says, "If your spouse does not have and is not required to have an SSN or ITIN, enter "NRA." This applied to us since she had no income, is not a US citizen, or an LPR. I am hoping this was correct.

[Saylin 1,605]

I wasn't clear on this myself, however I filed using Married filling separately and entered NRA (non-resident-alien) where my wife's ITIN would go if she had one. On the instructions for Form 1040 page 13 it says, "If your spouse does not have and is not required to have an SSN or ITIN, enter "NRA." This applied to us since she had no income, is not a US citizen, or an LPR. I am hoping this was correct.

Yup, that's exactly how you're supposed to do MFS when the spouse is still living abroad. Writing 'NRA' takes care of the SSN field

[floyd 0]

I had some quick questions on the I-864 - hope someone can answer them

Some places we have two boxes for the number. Usually we sponsor just one person - do we put 01 or 1 (I know it's a silly question)

Question no. 21 - we need to put the number of people we sponsor in 21 a and then 21 b already has "Yourself" with a 1 in it. And then for 21 c, it says "If you are currently married, enter 1 for your spouse".

At the end of this section, in 21 h - it asks, Add together lines and enter Household Size. If I add 21a, 21b, and 21c - it comes to 3 and that does not make sense. Should we just put 2?

Do you suggest entering anything in Part 7 "Use Of Assets to supplement income". My income in the question 24 (annual household income) is much above the poverty level - so I was wondering if there are any pros or cons of putting the assets as well - like a savings account.

I am just asking because it says there in upper case, if income in 24 exceeds poverty guideline - YOU ARE NOT REQUIRED to complete this part.

[Saylin 1,605]

I had some quick questions on the I-864 - hope someone can answer them

Some places we have two boxes for the number. Usually we sponsor just one person - do we put 01 or 1 (I know it's a silly question)

Question no. 21 - we need to put the number of people we sponsor in 21 a and then 21 b already has "Yourself" with a 1 in it. And then for 21 c, it says "If you are currently married, enter 1 for your spouse".

At the end of this section, in 21 h - it asks, Add together lines and enter Household Size. If I add 21a, 21b, and 21c - it comes to 3 and that does not make sense. Should we just put 2?

Do you suggest entering anything in Part 7 "Use Of Assets to supplement income". My income in the question 24 (annual household income) is much above the poverty level - so I was wondering if there are any pros or cons of putting the assets as well - like a savings account.

I am just asking because it says there in upper case, if income in 24 exceeds poverty guideline - YOU ARE NOT REQUIRED to complete this part.

Although this may sound weird, put 0 in 21c. Your spouse is already accounted for in a. Remember, other visa categories use this form. It's not just for spousal categories.

If you're above the poverty line, then it's best not to fill in the assets section. If you do, you're going to need to include proof of those assets (bank statements, for example).

You may want to look at the I-864EZ form and see if you're eligible. It's shorter than the I-864

[floyd 0]

Yup, that's exactly how you're supposed to do MFS when the spouse is still living abroad. Writing 'NRA' takes care of the SSN field

I wish I had used Turbo Tax instead of the stupid accountant. I am going on Monday to file amended tax return and wish I didn't have to deal with this.

I did some more reading on forums and it seems that some people just took a chance (and many others didn't even know and filed single in this case) and got through the interview with no problems but I don't want to take any chance.

I hope I get through the NVC process fine without some kind of a checklist (I am submitting several months worth of paychecks and all of them have single because I never changed my status in the company either).

For the interview, I hope it will give me enough time to get through the amendments and getting the amended tax transcripts.

We have a fair volume of proof of relationship but I might as well take this precaution, file amended returns and also ask to change my status for HR at my company.