NVC Filers - June 2014

[JayBabay 29]

Ah #######, so that means I have to amend this thing, and how long that takes to update there system?

I could have sworn I read that you don't have to amend it. But if you do, I too am curious as to what must be done. I specifically had read that you didn't have to file as married if they had never visited the states because the spots where you specify SSN or Alien number cannot be filled out.

And now I am hearing you must write in Non Alien Resident. How on earth do normal people get through a process like this when 90% of lawyers have no idea how to approach these situations and the common man doesn't know to sift through pages and pages of information to find his answer. And when he does there are so many conflicting reports. I agree, it's way better to be safe than sorry but this just becomes ridiculous at this point. Why did they approve the AOS in the first place if it is not to their liking?

[JayBabay 29]

Hi:) I have paid AOS fee n DS261 has been done. Im sad NVc has been slow and it takes about few weeks until IV fee is ready. It really takes 3 weeks recently??

Tomorrow will be 4 weeks for me, and IV is still not invoiced.

[Fabian&Rossy 120]

What about Alien Number will that be available when I call and get Case Number?

Hello AdnanS, Your beneficiary would have an Alien number only if he/she had a previous resident status in the U.S. and assigned one. If not, just enter N/A.

Good luck!

[am414 22]

I could have sworn I read that you don't have to amend it. But if you do, I too am curious as to what must be done. I specifically had read that you didn't have to file as married if they had never visited the states because the spots where you specify SSN or Alien number cannot be filled out.

And now I am hearing you must write in Non Alien Resident. How on earth do normal people get through a process like this when 90% of lawyers have no idea how to approach these situations and the common man doesn't know to sift through pages and pages of information to find his answer. And when he does there are so many conflicting reports. I agree, it's way better to be safe than sorry but this just becomes ridiculous at this point. Why did they approve the AOS in the first place if it is not to their liking?

my brother did my taxes (he is a new accountant) and he had me send in the paperwork instead of filing it online. i put married filing separately and left the part asking for social security etc blank and checked off he lives in different country.... i had no issues and got my 2013transcript which states married filing separately.... i think a lot of the lawyers know this but dont want to take the extra step of mailing in the tax forms

[Fabian&Rossy 120]

This Visa Journey feels like a marathon and now I am standing at the finish line

Watching everyone I came to know during my journey complete the race.

INTERVIEW tip for ALL......One of the first things they asked my wife for

Was my 2013 Federal Tax Transcript. This is a MUST for everyone Even if you

Have a joint sponsor....it also has to show your correct marital status.

Glad to see you back here, my friend. Happy Father's Day!

[Sukie 1,454]

I could have sworn I read that you don't have to amend it. But if you do, I too am curious as to what must be done. I specifically had read that you didn't have to file as married if they had never visited the states because the spots where you specify SSN or Alien number cannot be filled out.

And now I am hearing you must write in Non Alien Resident. How on earth do normal people get through a process like this when 90% of lawyers have no idea how to approach these situations and the common man doesn't know to sift through pages and pages of information to find his answer. And when he does there are so many conflicting reports. I agree, it's way better to be safe than sorry but this just becomes ridiculous at this point. Why did they approve the AOS in the first place if it is not to their liking?

I agree it can be confusing - and it is MORE confusing because accountants keep telling people the wrong thing.

If you are married, you have three choices: Married, filing jointly; Married, filing separately; or Head of Household (additional rules apply to this category) No other choice is legally correct as far as tax rules go.

You may or may not get through the NVC and the interview if you are married and have filed "SINGLE". The problem comes because you have incorrectly filled out your status with the Internal Revenue Service (IRS) - and your Consulate or Embassy may see this as a real problem. For some people, it is a comedy of ignorance and error. But your Consulate or Embassy may see this as a sign of fraud - because why would a married person file as "Single" unless they really were NOT a couple?

Accountants use tax software that doesn't understand bi-national couples and the struggles we go through. The tax software does not allow "NRA" or Non-Resident Alien to be filled in the SSN/ITIN field. Those of us who need to file where our spouses do not have ITINs or SSNs must file our tax return MANUALLY. In other words, you have to mail a paper copy of your return to the IRS - instead of filing your return electronically. If you file a PAPER copy, you can easily write "NRA" in the foreign spouses SSN/ITIN field.

If you were guided incorrectly by your accountant (and it seems like this happens to about 95% of us), it behooves you to file an amendment as Married, filing Separately as soon as you can. If your interview is approaching quickly, file the amendment, and bring a copy of the amendment form to your interview. Explain that your accountant steered you wrong - I can almost guarantee the Case Officers will understand this. But showing that you KNOW you made a mistake, and showing that you are doing everything in your power to CORRECT your mistake will get you a lot further. It might not save you in the end, depending upon your Consulate/Embassy and your particular Case Officer, but acknowledging the mistake and showing action is a positive thing.

Oh, and fire your accountant.

Sukie

[JayBabay 29]

I agree it can be confusing - and it is MORE confusing because accountants keep telling people the wrong thing.

If you are married, you have three choices: Married, filing jointly; Married, filing separately; or Head of Household (additional rules apply to this category) No other choice is legally correct as far as tax rules go.

You may or may not get through the NVC and the interview if you are married and have filed "SINGLE". The problem comes because you have incorrectly filled out your status with the Internal Revenue Service (IRS) - and your Consulate or Embassy may see this as a real problem. For some people, it is a comedy of ignorance and error. But your Consulate or Embassy may see this as a sign of fraud - because why would a married person file as "Single" unless they really were NOT a couple?

Accountants use tax software that doesn't understand bi-national couples and the struggles we go through. The tax software does not allow "NRA" or Non-Resident Alien to be filled in the SSN/ITIN field. Those of us who need to file where our spouses do not have ITINs or SSNs must file our tax return MANUALLY. In other words, you have to mail a paper copy of your return to the IRS - instead of filing your return electronically. If you file a PAPER copy, you can easily write "NRA" in the foreign spouses SSN/ITIN field.

If you were guided incorrectly by your accountant (and it seems like this happens to about 95% of us), it behooves you to file an amendment as Married, filing Separately as soon as you can. If your interview is approaching quickly, file the amendment, and bring a copy of the amendment form to your interview. Explain that your accountant steered you wrong - I can almost guarantee the Case Officers will understand this. But showing that you KNOW you made a mistake, and showing that you are doing everything in your power to CORRECT your mistake will get you a lot further. It might not save you in the end, depending upon your Consulate/Embassy and your particular Case Officer, but acknowledging the mistake and showing action is a positive thing.

Oh, and fire your accountant.

Sukie

I already sent the AOS in, but I havent had any interview scheduled. So I will do this tomorrow, and I'll just keep that copy on hand for her to take to the interview. They don't even file taxes in her country I don't think she will have any idea what any of this is for, but I will explain to her why she has it in case they do ask.

Thank you so much for taking the time to answer in a very conclusive way, you've certainly made up my mind.

And thank you Changnoi for implying the severity of amending!

Edited June 16, 2014 by JayBabay

[Saylin 1,605]

My lawyer didn't sign on the line that says preparer on my AOS. Should I expect a checklist?

If your lawyer filled out the preparer section and didn't sign, yes, you should be expecting a checklist for that.

I could have sworn I read that you don't have to amend it. But if you do, I too am curious as to what must be done. I specifically had read that you didn't have to file as married if they had never visited the states because the spots where you specify SSN or Alien number cannot be filled out.

And now I am hearing you must write in Non Alien Resident. How on earth do normal people get through a process like this when 90% of lawyers have no idea how to approach these situations and the common man doesn't know to sift through pages and pages of information to find his answer. And when he does there are so many conflicting reports. I agree, it's way better to be safe than sorry but this just becomes ridiculous at this point. Why did they approve the AOS in the first place if it is not to their liking?

NVC doesn't care about the filing status, they're just concerned if the petitioner (and if applicable, joint sponsors) can sponsor the beneficiary. It's the officers at the embassy/consulate that can be concerned about it.

If anyone's curious, I wrote a little section about taxes at the end of NVC wiki. Changnoi and Sukie did a great job of explaining the same thing though

[nightingalejules 678]

Hope all the fathers on here had a wonderful Fathers' Day and for those of you separated from your children because of this process, may this be your last Fathers' Day apart!

[r060106 109]

Hope all the fathers on here had a wonderful Fathers' Day and for those of you separated from your children because of this process, may this be your last Fathers' Day apart!

Amen to that. I'm one of those fathers and this is my first Father's Day. It's terrible and I truly feel no end to the process at all. I think I'm slipping into a sort of mini depression because I can't be with my wife and daughter (she's 10 weeks old). If I get a checklist I don't know how I'll take it, to be honest (I'm the petitioner).

Edited June 16, 2014 by r060106

[NikLR 13,227]

Tomorrow will be 4 weeks for me, and IV is still not invoiced.

Please remember 20-30 days, not including weekends. 17 business days is what you're at but they seem to be going at about 20.. so cross your fingers for this week! (I subtracted a day for memorial day.)

Edited June 16, 2014 by NLR

[Soloenta 2,218]

Who approves or denies the visa? The NVC or the consular officer at interview? Think about this? I will grant that if the NVC doesnt think it will pass they ask for joint sponsors. But that's their job. They do not, however, have the final say in anything.

The embassy will also not look at anything for you until your interview.

I know very well who's in charge, sorry I didn't make myself clear. What I mean is the games they play and the Embassy did look at my documents except for one. If they don't usually do this they should because it's their job to let us know what they expect in terms of documents if one is unsure since they have Carte blanche to do as they wish with our lives.

[Soloenta 2,218]

The consular officer can also ask for a joint sponsor or more information regarding the AOS at interview. They also can ask for more re-establishment of domicile proof.

Of course all embassies and consulates have cameras. What on earth is the point of that comment?

Because not everyone is aware of it that's the point.

[Soloenta 2,218]

***This shall be the last post on this subject (this specific post is also correct in terms of NVC reviewing documents {they don't 'approve' anything, only review}). Any more posts that on this subject will be nothing more than petty bickering and petty bickering is not going to be tolerated. Any posts disregarding my admonition here will result in a thread ban.***

Well, I came in later and posted to this since the comment was originally for me so didn't see your post. Also my post was not rude or mean just giving the reason of my thoughts. As my Embassy did check almost all of my documents for me. But if you ban me it's ok no worries.

Edited June 16, 2014 by Soloenta

[Sukie 1,454]

I know very well who's in charge, sorry I didn't make myself clear. What I mean is the games they play and the Embassy did look at my documents except for one. If they don't usually do this they should because it's their job to let us know what they expect in terms of documents if one is unsure since they have Carte blanche to do as they wish with our lives.

Soloenta, your post reminded me of a time, many years ago, when I was an auditor for the bank that ran the "Carte Blanche" credit card. It appears to still be a valid credit card under the aegis of Diner's Club...

The person who was the business leader of the card (Headquartered in the Midwest) had obviously never had a French lesson, or been to France.

This person pronounced the card: "carty blank"

I nearly DIED when I heard that!!! Snort!

Sukie