Dec 2013 I-130 filers

[dehiguey23 52]

The details are a little fuzzy, but I'll tell you what I remember. I called the Wells Fargo general number first and explained the situation. They said I could add him; I just had to go to my local branch. I went to the branch and explained to them and the gave me a packet that you have to fill out. Then when I told them my husband couldn't be present to sign, they said it was impossible. I told them the person on the phone said it was and I insisted. I waited for about 35 minutes while they called. Finally they let me do it, but I had to get a copy of his passport certified by the issuing agency and he had to sign the documents and have it stamped by the US embassy in Lima. When I brought all these things, they tried to tell me again that they couldn't accept it. I didn't take no for answer, and voila, they added him to my account! I am not sure if this made a difference in our case, but as I mentioned I didn't get any checklists for our I-130. Although I know of other people who weren't able to add their spouse to their banking account, and they still had no problem with USCIS. So give it a try, and be adamant, but if it doesn't work out, it isn't the end of the world

Sorry to be boring, but another note. This year I was able to claim my husband as a dependent on my taxes because he earned no income in the US. BUT interest earned on a joint checking account counts as income earned in the US. If he had earned over $1 on our bank account (starting from the day it became joint) I would not have been able to claim him as a dependent. Just remember to check when you do your taxes next year!

Thanks so much! I did not add her to my 2013 taxes since she's DR and doesn't have a ssn, so I'll find more details as far as to how to add her for next year, hopefully she'll be here for this Christmas with me since we wanted to be together last year as well. Our PD is Feb. 10th, don't know if Christmas this year is a possibility, but I'm praying.

[bk2014 34]

Hi Guys,

Like Nanana said..a lot of silent approvals last week! Congrats guys!

Good luck for those still waiting hope you will get these approvals soon!

From my end, USCIS update our case to RFE on 06/24/14 and we received the hard copy yesterday... They are asking for a certified copy of marriage certificate (which we've already sent in our initial package...)

We asked for it at the city hall and waiting for it to be delivered by mail.

However, I was wondering if we should send them in addition of that a proof of bona fide marriage in our RFE's reply with a cover page stating what's in the package?

To make it clear, we didn't send any proof of bonafide marriage with our I-130 Package because we didn't know we should do it at this stage. I should have done my homeworks and read the great article on VJ about the I-130 Package

Also, should we use the enveloppe they sent us to reply or use our own enveloppe?

Thank you in advance for your responses!

Hi,

Can you please let us know how much time USCIS gave you to respond to RFE?

Thank you

[megwin 57]

Thanks so much! I did not add her to my 2013 taxes since she's DR and doesn't have a ssn, so I'll find more details as far as to how to add her for next year, hopefully she'll be here for this Christmas with me since we wanted to be together last year as well. Our PD is Feb. 10th, don't know if Christmas this year is a possibility, but I'm praying.

So some bad news and some good news. If you guys were married in 2013, even for one day, you have to file as married; it is illegal not to do so. I was married on Nov 2nd 2013 for example and still had to file as married.

The good news is, it is pretty easy to file an amendment and then just send the return, W-2, and amendment as backup to NVC (you won't have to wait for anything from the IRS) There is actually a lot of good info on line,but I'll tell you what I found out.

You can file as married filing separately, which means you don't have to put any of your spouses income or go through any of the headache of getting them an ITIN. However, if you choose married filing separately you can't get any credit/exemptions at all. This was a deal-breaker for me because I got a $2k credit for tuition paid. Also, this option makes your standard deduction much lower. If you choose this option, get more info, sorry I cant provide more; I didn't choose this option.

The other option is married filing jointly, which I chose for the reasons mentioned above. You will need to report your spouse's international income, which in my case wasn't a problem because my husband made so little it didn't affect our return. IF your spouse made a lot of money, you can file a form so that the income isn't taken account, since it wasn't earned in the US. You will need to file a W-7, which is applying for a international taxpayer ID number (ITIN) for your spouse. Filing a W-7 means you have to file a PAPER return. You also have to include a letter called "the choice" which states that you are agreeing to your spouse being treated as a resident for tax purposes for 2013.

Sorry for such a long answer but bottom line is (as I understand it) for both the IRS and USCIS/NVC you need to file as married if you are married, regardless of lack of SSN of your spouse, so you should amend your 2013 taxes asap. As far as how you file (jointly or separately) it is up to you. Like I said, pretty good info on-line but I just went through all of this, so feel free to ask me more questions if you have them. And of course, good luck!!

[TJandKC 11]

205 days at NSC and counting
Anyone had any luck with service requests yet..? fyzah, axs, nanana, Monirasohel,CBO, yumisleidys03, victorioussect, faisal.sial and the rest of you guys with PD between 12/3 and 12/24.

My dreams of xmas in the US with my wife is starting to fade

[Texanadian1 10]

The other option is married filing jointly, which I chose for the reasons mentioned above. You will need to report your spouse's international income, which in my case wasn't a problem because my husband made so little it didn't affect our return. IF your spouse made a lot of money, you can file a form so that the income isn't taken account, since it wasn't earned in the US. You will need to file a W-7, which is applying for a international taxpayer ID number (ITIN) for your spouse. Filing a W-7 means you have to file a PAPER return. You also have to include a letter called "the choice" which states that you are agreeing to your spouse being treated as a resident for tax purposes for 2013.

This is the option my husband used and received a MUCH higher return. He lives in Texas and while I was there visiting this past spring, we went to an Income Tax Preperation Centre, paid $90 and they did everything for us, including getting the ITIN number for myself. All I had to provide was my passport and drivers licence as my supporting documentation (ID) and sign a few forms. The lady prepared all of the paperwork, including the W-7, made a copy of my passport, certified the copy and sent the package to the IRS. Within a few weeks, my husband received my ITIN and his refund in the mail.

If this is a good option for you and you decide to go to an Income Tax Preperation Centre, call beforehand and ask if any of the officers are an Acceptance Agent (AA) authorized by the IRS. An AA will help you complete and file Form W-7. You can also search for an agent online, visit www.IRS.gov and enter "acceptance agent program" in the search box at the top of the page.

Here is the website with a little more informaiton. http://www.irs.gov/pub/irs-pdf/iw7.pdf

[CBO 15]

205 days at NSC and counting

Anyone had any luck with service requests yet..? fyzah, axs, nanana, Monirasohel,CBO, yumisleidys03, victorioussect, faisal.sial and the rest of you guys with PD between 12/3 and 12/24.

My dreams of xmas in the US with my wife is starting to fade

After service request my stepson got approve but my husband is still pending. I got response stating that they are actively processing this case, however they need to perform additional review on this case and this has caused a longer processing time.

[e&g12.05.13 176]

Just wondering...is it possible to me to apply for a tourist visa while I wait for my process be approved?! This way I could go visit my husband, instead of only him coming to visit me.

[Pitchounette 6]

Hi,

Can you please let us know how much time USCIS gave you to respond to RFE?

Thank you

Hi,

They give us until Sept to respond.

G.

[axs 18]

205 days at NSC and counting

Anyone had any luck with service requests yet..? fyzah, axs, nanana, Monirasohel,CBO, yumisleidys03, victorioussect, faisal.sial and the rest of you guys with PD between 12/3 and 12/24.

My dreams of xmas in the US with my wife is starting to fade

Filed service request and they replied that they are actively working on case and delays are because my case is under additional review.

Sad but true we can not do anything but to wait...

[california_luv 56]

There's been some movement all around my number, lots of approvals yesterday it seems. Still waiting ...

Remain strong December family!

[dehiguey23 52]

So some bad news and some good news. If you guys were married in 2013, even for one day, you have to file as married; it is illegal not to do so. I was married on Nov 2nd 2013 for example and still had to file as married.

The good news is, it is pretty easy to file an amendment and then just send the return, W-2, and amendment as backup to NVC (you won't have to wait for anything from the IRS) There is actually a lot of good info on line,but I'll tell you what I found out.

You can file as married filing separately, which means you don't have to put any of your spouses income or go through any of the headache of getting them an ITIN. However, if you choose married filing separately you can't get any credit/exemptions at all. This was a deal-breaker for me because I got a $2k credit for tuition paid. Also, this option makes your standard deduction much lower. If you choose this option, get more info, sorry I cant provide more; I didn't choose this option.

The other option is married filing jointly, which I chose for the reasons mentioned above. You will need to report your spouse's international income, which in my case wasn't a problem because my husband made so little it didn't affect our return. IF your spouse made a lot of money, you can file a form so that the income isn't taken account, since it wasn't earned in the US. You will need to file a W-7, which is applying for a international taxpayer ID number (ITIN) for your spouse. Filing a W-7 means you have to file a PAPER return. You also have to include a letter called "the choice" which states that you are agreeing to your spouse being treated as a resident for tax purposes for 2013.

Sorry for such a long answer but bottom line is (as I understand it) for both the IRS and USCIS/NVC you need to file as married if you are married, regardless of lack of SSN of your spouse, so you should amend your 2013 taxes asap. As far as how you file (jointly or separately) it is up to you. Like I said, pretty good info on-line but I just went through all of this, so feel free to ask me more questions if you have them. And of course, good luck!!

This is what I got straight out of irs.gov

http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Head-of-Household

[megwin 57]

This is what I got straight out of irs.gov

http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Head-of-Household

Oh I didn't realize you filed as "head of household," I thought you filed as single. Sorry, not trying to cause unnecessary stress!

[DandF 1]

There's been some movement all around my number, lots of approvals yesterday it seems. Still waiting ...

Remain strong December family!

what date did the approvals file on? I filed dec 23rd lots of movement all around my number too!

205 days at NSC and counting

Anyone had any luck with service requests yet..? fyzah, axs, nanana, Monirasohel,CBO, yumisleidys03, victorioussect, faisal.sial and the rest of you guys with PD between 12/3 and 12/24.

My dreams of xmas in the US with my wife is starting to fade

we filed dec 23rd and were told unable to file a service request… remain hopeful.

[california_luv 56]

what date did the approvals file on? I filed dec 23rd lots of movement all around my number too!

we filed dec 23rd and were told unable to file a service request… remain hopeful.

Lots of Dec 23 were approved yesterday (July 3). Several June 6 ARN change were approved too, leaving me feeling very lonely

I don't think anyone is working today at USCIS so if we are to see any more movement it may not be before Monday.

Happy weekend to all!

Edited July 4, 2014 by california_luv

[paulimma 0]

o h GOd I was approved on 3july just saw it now,THank u jesus

Post Decision Activity

On July 3, 2014, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.