Medical and USEM questions

[Optimistical 0]

Thanks for all the updates guys. This is helpful stuff.

While reading one of the FAQ's that I was referred to from this thread I realized I have to amend my taxes. I filed single in 2014 because we got married a few days from the end of 2014 and my wife doesn't have an ITIN or SSN here in the U.S. so I thought it's how I had to file. One of the FAQ's pointed out that this will lead to problems at the USEM perhaps so I'm trying to amend my taxes now.....hopefully I can get it done quickly.

[Greenbaum 12,259]

Not to be critical in any way due to the tremendous amount of support you give to BM's but it is really not a good idea to direct CR1 visas to your K1 guide. The process is very different (I'm working on a revision) and when a CR1 reads and tries to follow a K1 guide they will get even more confused.

Your advise is welcomed. Looking back at the thread from the beginning I couldn't cipher what visa he was chasing as the OP has not completed his timeline. Once I did understand then I backed out of any discussion as I am not that knowledgeable with the CR1 process. I hope you didn't mind me offering up your help as you seem to be forthright with your experience and happy to share your knowledge. We don't have many here that have offered help except for J&Ana who have stepped up and helped also. With your experience you have been able to uncover the "gotchas" and that information lends a wealth of kudos to the process for others.

Again, thanks for your help.

Thanks for all the updates guys. This is helpful stuff.

While reading one of the FAQ's that I was referred to from this thread I realized I have to amend my taxes. I filed single in 2014 because we got married a few days from the end of 2014 and my wife doesn't have an ITIN or SSN here in the U.S. so I thought it's how I had to file. One of the FAQ's pointed out that this will lead to problems at the USEM perhaps so I'm trying to amend my taxes now.....hopefully I can get it done quickly.

What FAQ was that, that you used please?

[j&ana 363]

You can prepay the $165 at the USCIS 'ELIS' website after you have the 'A' from your wife's visa. Google is your friend to find the exact address.

Also for the mentally challenged, myself included, you will probably have to insert a 'ZERO' between the A and her number. I didn't for 2 or 3 days and of course blamed the asawa for giving me the wrong #. She was reading it through all the plastic wrapping to her credit because she didn't want to open the wrong pouch.

Yes that is correct that is why i wrote you have to wait to get visa to paid the green card processing fee because you need the 2 numbers from the visa to pay it. One is the A number. I forgot what the other number is call. Yes a person might have to add o in the A number

To pay online a person can go to USCIS website And pay thru ELLIS

[Brassballs 47]

Thanks for all the updates guys. This is helpful stuff.

While reading one of the FAQ's that I was referred to from this thread I realized I have to amend my taxes. I filed single in 2014 because we got married a few days from the end of 2014 and my wife doesn't have an ITIN or SSN here in the U.S. so I thought it's how I had to file. One of the FAQ's pointed out that this will lead to problems at the USEM perhaps so I'm trying to amend my taxes now.....hopefully I can get it done quickly.

Hope you haven't gotten too far along in that process because your foreign born spouse doesn't count as a dependent in IRS eyes until you can list her ssan which she will not have until after hitting the POE.

Don't even try to do taxes as married. It will really muddy the waters.

[Brassballs 47]

Your advise is welcomed. Looking back at the thread from the beginning I couldn't cipher what visa he was chasing as the OP has not completed his timeline. Once I did understand then I backed out of any discussion as I am not that knowledgeable with the CR1 process. I hope you didn't mind me offering up your help as you seem to be forthright with your experience and happy to share your knowledge. We don't have many here that have offered help except for J&Ana who have stepped up and helped also. With your experience you have been able to uncover the "gotchas" and that information lends a wealth of kudos to the process for others.

Again, thanks for your help.

Not at all. Just trying in some small way to repay all the help we received along the way.

[j&ana 363]

I agree with brassballs you should jyst wait untill your wife is here to amend the taxes. When you first file your taxes you could of file married seperated and you will not gad needed the ssn number for her or you could of file married jointly with an extension to file the return. Since this is august. It is to late for that. So it is best to wait untill your wife is here then ammend the taxes

[Optimistical 0]

Thanks j&ana.

I'm just not sure whether to follow that advice or not. I'm worried it'll cause an issue at the interview. It would be a huge disappointment to reach the interview and not pass after we've bought plane tickets and set our heart on being done.

My cpa says I can amend....but if not necessary of course I don't want to go through that process and pay him etc.

Here is a link and a cut from that link

http://www.visajourney.com/wiki/index.php/NVC_Process

"Before I continue, I will say this once and only once: YOU CANNOT FILE SINGLE. If you are married, you are married. Doesn't matter where in the universe your spouse is, YOU ARE STILL MARRIED. You will be lying to the IRS if you file as single, and if caught, could cause serious issues. If you have already filed taxes, either this year or last, and were married, yet filed as single, amend your tax return ASAP. If at the time of the interview, there are tax return transcripts in the case file showing the petitioner filed as single, this can be a HUGE red flag. The CO will have to wonder why the petitioner filed as single when they're trying to get a spousal visa. In their eyes, your relationship can be seen as a fraud and could be reason for denial.

For both MFS and MFJ, the petitioner will have to file a paper tax return. Electronic submissions won't be possible the first year.

Filing MFS will probably be the easiest for most people as it doesn't require any extra documents from the foreign spouse, nor does it require their signature. 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 MFJ, to possibly get a bigger refund, but this isn't required.)

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), which requires a signature, and include document(s), so they can obtain a ITIN (it's like a SSN, but for the sole purpose of filing taxes, and is available for those not currently living in the US). 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). Please view the instructions for the W7 form on the IRS website to see what documents will be needed."

[Optimistical 0]

Also do we have to register for a visa delivery address here? It seems as if this is only for people who apply for a visa directly from the embassy (Direct Consular Filing)?

See the first item on this page

http://manila.usembassy.gov/immigrant-visa2/welcome-to-the-immigrant-visa-unit.html

[Brassballs 47]

Thanks j&ana.

I'm just not sure whether to follow that advice or not. I'm worried it'll cause an issue at the interview. It would be a huge disappointment to reach the interview and not pass after we've bought plane tickets and set our heart on being done.

My cpa says I can amend....but if not necessary of course I don't want to go through that process and pay him etc.

Here is a link and a cut from that link

http://www.visajourney.com/wiki/index.php/NVC_Process

"Before I continue, I will say this once and only once: YOU CANNOT FILE SINGLE. If you are married, you are married. Doesn't matter where in the universe your spouse is, YOU ARE STILL MARRIED. You will be lying to the IRS if you file as single, and if caught, could cause serious issues. If you have already filed taxes, either this year or last, and were married, yet filed as single, amend your tax return ASAP. If at the time of the interview, there are tax return transcripts in the case file showing the petitioner filed as single, this can be a HUGE red flag. The CO will have to wonder why the petitioner filed as single when they're trying to get a spousal visa. In their eyes, your relationship can be seen as a fraud and could be reason for denial.

For both MFS and MFJ, the petitioner will have to file a paper tax return. Electronic submissions won't be possible the first year.

Filing MFS will probably be the easiest for most people as it doesn't require any extra documents from the foreign spouse, nor does it require their signature. 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 MFJ, to possibly get a bigger refund, but this isn't required.)

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), which requires a signature, and include document(s), so they can obtain a ITIN (it's like a SSN, but for the sole purpose of filing taxes, and is available for those not currently living in the US). 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). Please view the instructions for the W7 form on the IRS website to see what documents will be needed."

Well I am not a tax expert or attorney, just an ordinary USC. Possibly Saylin is or at least has researched the issue far more extensively that I ever had the desire to. At least it seems that way. And it's not my intention to get into a P***'ng war with anyone. Maybe the major issue here has to do with event dates.

FWIW here's my timeline. Married May 2014. I sent my TR for CY 2013 with the I130, Filing single. Process trudged along and my wife's interview was scheduled in May 2015. Prior to the interview I sent her the 2014 TR still filing as single. And fwiw co did not ask for it. Before filing the 2014 TR I did basic research because it was my intent to maximize refund or minimize liability by claiming both wife and step-daughter on the return (3 vs.1 exemptions). What I read is that there is a residency requirement that also goes along with the marital status. Since neither were residing in the US for the prescribed amount of time (>6 mths???) I couldn't list either.

If you're hooked up with a tax attorney and he's working pro-bono, I certainly would like to hear his view. I would be very specific when talking to him about specific event dates AND place of physical residence along the way and report back.

Keep in mind that the requirement of providing tax returns and W-2's is just to satisfy the AOS filing, ie do you make enough money to support your immigrating family. They (the NVC) are really looking at the gross earnings.

Once again this was specific to MY case and may not apply across the board. So take it at face value. And let us know what the 'expert' says. Maybe I am wrong and Saylin is correct. If that is in fact the case maybe I too will refile using the NRA SSAN as a filler.

[Brassballs 47]

Also do we have to register for a visa delivery address here? It seems as if this is only for people who apply for a visa directly from the embassy (Direct Consular Filing)?

See the first item on this page

http://manila.usembassy.gov/immigrant-visa2/welcome-to-the-immigrant-visa-unit.html

Not true.

You do need to provide where the passport with visa will be delivered. If you don't pre-fill it out it will cause more delays on the interview date.

And as encouragement, tell your wife not to stress out. CO asked her my name, where she will live, how / where we met. Then approved, welcome to the US. All these guides you come across about 100 questions: your favorite color, college mascot, color of your car, how many brothers / sister's you have, mother's maiden name, etc. etc. is all BS. At least for CR1/ CR2 visas. They don't have time to give her a 3rd degree.

For my step-daughter's (4 in Oct.) Is your name Marilyn? She didn't even answer just nodded her head. And that 'interview' was over.

[j&ana 363]

I do not think you will have problems with the tax return at interview. When I did my wife AOS in feb 2015. I sent in my 2013 tax form i file single as i was not married for that year. For my wife interview i sent her a copy of the extension i file for this tax year 2014

And some more proof of our relationship that I had.

the interviewer only ask to see some pictures she had of us. They did not ask to see anything i sent her for interview.

Also the interview was very easy they only ask my wife 3 very basic question

[Optimistical 0]

About how long after NVC approves the case can I expect to to reach the embassy in Manila? I guess I can't log into the interview system or pre-set delivery address until some days after it reaches Manila?

Also if the interview on 9/21/15 goes well, can I safely book air travel for around Oct 15? Will my wife know at the end of the interview day whether she was approved or not? I know there might be some further paperwork/docs required and she'd know if that happens, but if the result is "pass" will she find that out on the day of the interview?

Thanks

[j&ana 363]

Yes she will know kn day of interview if she is approve. The interviewer should tell her but they do not always. If the officer does not tell her. Or she is still not sure she can ask the officer at the end of the interview if she is approved

As far as booking a flight that is up to you. Most people will say wait. However I did book my wife ticket the same day she was approve. I book her ticket about 3 weeks from her approval. She got her visa in about 5 days but she did not have to submit any more stuff and she also was living in manila. I think most get their visa from there in under 2 weeks. But i have heard of some having to wait longer

The choice is yours If you are willing to take that chance or not

Edited August 29, 2015 by j&ana

[Brassballs 47]

I agree with the above response. I your wife lives in a metro area (Manila, Cebu, Davao) and if there are no complications at the interview (221g) then booking a month out has minimal risk. Will give her 2-3 weeks to complete the cfo and all the bon voyage parties.

The risks are unforeseen... printing press brakes, supertyphoon, 2go strike, etc etc. That is why the embassy says to wait until visa is in hand before making travel plans.

[Greenbaum 12,259]

About how long after NVC approves the case can I expect to to reach the embassy in Manila? I guess I can't log into the interview system or pre-set delivery address until some days after it reaches Manila?

Also if the interview on 9/21/15 goes well, can I safely book air travel for around Oct 15? Will my wife know at the end of the interview day whether she was approved or not? I know there might be some further paperwork/docs required and she'd know if that happens, but if the result is "pass" will she find that out on the day of the interview?

Thanks

You can register on the interview sight but don't go to the interview screen. But it is not necessary to do this step an the stage of the process that you are at now. If you have your MNL#, don't wait. Time is wasting.

She will know if she is approved as they will keep her passport and hand her a slip of paper to go to a designated website to verify her deliver address. Of course, it's not unheard of that an applicant, who really wants to know if they are approved, to ask the interviewing CO.

Do you have the Embassy Letter as your checklist? Everything you need is in that list including the statement:

Do not finalize arrangements for travel to the United States, dispose of property, or resign from your job until a visa has been issued and delivered to you.

Hank and I have websites with great information, with a step by step guide that can answer all these questions saving you time. See our signature box and click on the links at the end of the arrows.