January 2016 I-130 Filers

[omololu 0]

please house i just want to ask this how long does it take USCIS to approve petition. i got RFE on 18 2016 and i responded 10june 2016. in the letter they sent they said i will hear from them within 60 days today makes it 65days and nothing has changed what do i do. i am totally confused now.

[Mpshah 14]

Just checking how many January filers still waiting on approval of NOA.

[RaeRaeNamaste 1]

I filed single for the last 3 years (even though i was married) because i didnt know any better, he didn't have a SSN so I figured that was what I was supposed to do. Now I read that if i turn in my tax transcripts and it shows SINGLE our case will be denied. I am already at NVC. Just paid my AOS bill and filled out DS-261. Amending my last tax return is not easy. It will take God knows how many weeks to get a signed W-7 up from mexico, plus 7 weeks for them to issue a ITIN before I can amend my return as Married filing separately, and THEN it takes 12 weeks to process that. WHAT WILL HAPPEN IF I CAN NOT GET MY AMENDED TAX RETURN IN BEFORE I TURN IN ALL MY AOS DOCUMENTS TO NVC? WHAT WILL HAPPEN IF I DO NOT AMEND MY RETURN? PLEASE PLEASE PLEASE PLEASE HELP!! I feel like I just put a 6 month delay our case, my family has been separated for 4 years... we are 5 months away from being done, this can not be happening!!!!

[Gretch 11]

I filed single for the last 3 years (even though i was married) because i didnt know any better, he didn't have a SSN so I figured that was what I was supposed to do. Now I read that if i turn in my tax transcripts and it shows SINGLE our case will be denied. I am already at NVC. Just paid my AOS bill and filled out DS-261. Amending my last tax return is not easy. It will take God knows how many weeks to get a signed W-7 up from mexico, plus 7 weeks for them to issue a ITIN before I can amend my return as Married filing separately, and THEN it takes 12 weeks to process that. WHAT WILL HAPPEN IF I CAN NOT GET MY AMENDED TAX RETURN IN BEFORE I TURN IN ALL MY AOS DOCUMENTS TO NVC? WHAT WILL HAPPEN IF I DO NOT AMEND MY RETURN? PLEASE PLEASE PLEASE PLEASE HELP!! I feel like I just put a 6 month delay our case, my family has been separated for 4 years... we are 5 months away from being done, this can not be happening!!!!

Don't panic. You don't need his ITIN to file "married filing separately". You can amend your returns to say that your husband is "NRA", non-resident alien--put that in the box for social security number. Amending the tax return is actually a pretty easy process. You can get the forms at IRS.gov.

I don't know how long after that it takes them to actually do the paperwork and amend the return so that it will show up on a tax transcript so there may be some delay. You can probably call someone and ask for a timeframe. Tax transcripts do arrive very quickly.

It's not a sure thing that you would be denied--my understanding is that if the consular officer has doubts that you have a bona fide marriage, that can be used as a point against you ("if you're married, why are you filing singly?"). If it were me, but understand that I am also just at the NVC and I'm not an expert, I would send in what I have and if they ask, have your husband explain that you misunderstood tax law; he can have a copy of the amended return form you filed, or bring an updated transcript if you have it by then. The consular officer isn't a tax official and is more interested in the bona fide evidence and your salary/assets than whether you followed tax law. Again, this is just my understanding.

[MrsBurgz 104]

I filed single for the last 3 years (even though i was married) because i didnt know any better, he didn't have a SSN so I figured that was what I was supposed to do. Now I read that if i turn in my tax transcripts and it shows SINGLE our case will be denied. I am already at NVC. Just paid my AOS bill and filled out DS-261. Amending my last tax return is not easy. It will take God knows how many weeks to get a signed W-7 up from mexico, plus 7 weeks for them to issue a ITIN before I can amend my return as Married filing separately, and THEN it takes 12 weeks to process that. WHAT WILL HAPPEN IF I CAN NOT GET MY AMENDED TAX RETURN IN BEFORE I TURN IN ALL MY AOS DOCUMENTS TO NVC? WHAT WILL HAPPEN IF I DO NOT AMEND MY RETURN? PLEASE PLEASE PLEASE PLEASE HELP!! I feel like I just put a 6 month delay our case, my family has been separated for 4 years... we are 5 months away from being done, this can not be happening!!!!

Don't panic. NVC doesn't care how you file your taxes. However the IRS does care. What NVC looks for is that you make enough to support your immigrating relative. I filed my taxes as single for 2015 and I had no problem getting case completed in a timely manner. There are a lot of persons whom filed as single and had no problems at NVC. Technically you have up to 3 years to amend your taxes so you still have time. I plan on amending 2015 taxes when my husband gets here and has his social. To amend your taxes it takes 6-8 weeks to get it completed. Your case won't get delayed for filing single. You can start the process of amending now and type NRA or wait until your spouse gets here to amend it. Again the IRS gives us 3 years to correct our mistake. Good luck on a speedy Process.

[Neaka 0]

Finally Approved!!!!! 01/07/2016 - NOA1

[Neaka 0]

Contact your congress person

Edited September 8, 2016 by Neaka

[JFH 12,190]

Finally Approved!!!!! 01/07/2016 - NOA1

Congratulations!

[RaeRaeNamaste 1]

It states that we need to provide translations of all documents that are in a language other than English, OR the language of the country where the visa is being applied for. I want to make sure that this means, that all documents in SPANISH will NOT need an English translation if the interview is being held in MEXICO. Can anyone confirm or negate this? I have most documents translated already, there will be just a couple left (birth certificate, police records.) Help please!

[jordache463 0]

It states that we need to provide translations of all documents that are in a language other than English, OR the language of the country where the visa is being applied for. I want to make sure that this means, that all documents in SPANISH will NOT need an English translation if the interview is being held in MEXICO. Can anyone confirm or negate this? I have most documents translated already, there will be just a couple left (birth certificate, police records.) Help please!

I'm confirming. They say you need English or the language of the country you're interviewing in. But, we translated all of our documents just in case.

[RaeRaeNamaste 1]

NVC received my documents on September 20th. I waited 6.5 weeks (although I called a few times in between then) to ask for an update on my case (to see if there were any documents missing so that I could get the ball rolling on them.) Well this morning they told me that my package has NOT EVEN BEEN OPENED YET. THIS IS ABSURD! So they put a note in for a supervisor, who will in turn contact the department and "make them aware" that my case has unopened mail. So God knows how much longer that will delay my case. I am so tired of this. I cancelled my trip to visit my husband in October because it seemed as though he would be here around the end of January instead of spring like we had originally estimated. So now, my daughter and I have gone 11 months without seeing him, and we will not be able to see him until he gets here. Here's another Christmas and another birthday he misses with his daughter... I am so upset right now.

[RaeRaeNamaste 1]

I see the 3 N/A's today. I called earlier this week and they told me they still hadn't opened my packet, that it could take another 6 weeks for the supervisor to review the documents. But today has 3 N/A's. I am going to call tomorrow to check if that really means CASE COMPLETE! I am so nervous. I hope its Case complete, if so, I might have my husband here in March of next year!!!!

[RaeRaeNamaste 1]

I see the 3 N/A's today. I called earlier this week and they told me they still hadn't opened my packet, that it could take another 6 weeks for the supervisor to review the documents. But today has 3 N/A's. I am going to call tomorrow to check if that really means CASE COMPLETE! I am so nervous. I hope its Case complete, if so, I might have my husband here in March of next year!!!!

I called. WE GOT IT! CASE COMPLETE!!!!

[jordache463 0]

Congratulations! Where I live it's taking 7 months just to get an interview after case complete I hope the interview stage goes quickly for you!

[RaeRaeNamaste 1]

Congratulations! Where I live it's taking 7 months just to get an interview after case complete I hope the interview stage goes quickly for you!

Oh no! That's crazy to wait that long! I hope it comes quickly. From what I've seen for interviews from Mexico it should be around 3 months for us. Fingers crossed and praying for you and your family.