NVC Checklist confusing

[jakelake 222]

3 hours ago, pushbrk said:

While your list may be helpful, it is unlikely to be the correct list for the OP, unless their circumstances match yours.  Some items on your list may not be applicable to the OP and some items not on your list may be applicable.  One item on your list, the petitioner's birth certificate, is not applicable at the NVC stage.  Most immigrant visa cases do not have "joint tax returns" to submit.  If any are joint, they are usually  joint with a former spouse.

Actually, what amul stated was that she provided a copy her husband's birth certificate. Her husband is the beneficiary and a birth certificate is required. Also, it is possible to file a joint tax return with an immigrant visa case. The beneficiary would have to apply for an ITIN when the petitioner files his or her taxes.

[jakelake 222]

6 hours ago, amul said:

 

 

Just check, re-check and check again. Make sure the I-864 is filled correctly, signed and *all* the pages are included (even the blank ones)! I was obsessing over the I-864!  

 

 

 

 

Concerning the I-864, did you put N/A where it was not applicable to you or just left it blank? Parts like interpreter and preparer.

[pushbrk 12,882]

45 minutes ago, jakelake said:

Actually, what amul stated was that she provided a copy her husband's birth certificate. Her husband is the beneficiary and a birth certificate is required. Also, it is possible to file a joint tax return with an immigrant visa case. The beneficiary would have to apply for an ITIN when the petitioner files his or her taxes.

Correct.  as to the ITIN but he list provided showed a birth certificate in both the beneficiary and petitioner lists.  Also the list indicated joint tax "returns" which would only be applicable to a longer term marriage.  Not a tax expert, but not at all sure how a couple would file multiple joint tax returns before the foreigner is a resident.

 

In any event, my point is that a description of what the royal "you" or "I" did, may or may not be what the next person should do in their situation, so it's "better" to give situational specific advice where possible, so people don't get led astray.  Most folks here are doing it for the first time.  It's not easy to apply exactly which parts of what somebody else did, to your own situation.

Edited July 10, 2017 by pushbrk

[ChelAnnan31 10]

2 hours ago, amul said:

Please go through the list that NVC has provided you and make sure that you include everything that applies to you. For example I do not have a W2 form as I am self employed, so I checked N/A and included my business license in my AOS packet.

 

I will say it again, before you send it, please do make sure you include *all* of the things that apply to you.  

 

It would help if someone from Ghana also chimed in....

 

Yes of course dear, and I know to send all that applies to me, I just wanted to ask and make sure what all to send. You helped me a lot, again I thank you!!

 

[jakelake 222]

1 hour ago, pushbrk said:

Correct.  as to the ITIN but he list provided showed a birth certificate in both the beneficiary and petitioner lists.  Also the list indicated joint tax "returns" which would only be applicable to a longer term marriage.  Not a tax expert, but not at all sure how a couple would file multiple joint tax returns before the foreigner is a resident.

 

 

The list just shows a birth certificate for the husband, the beneficiary.

Concerning filing jointly, it is possible if the foreigner has an ITIN.  Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the IRS. ITINs are issued regardless of immigration status because both resident and nonresident aliens may have a U.S. filing or reporting requirement under the Internal Revenue Code.

 

https://www.irs.gov/individuals/general-itin-information

 

Filing jointly can be a big plus in a couple of ways.

It helps in that the IRS gives joint filers large standard deductions which allows them to deduct a significant amount of their income immediately. Also, filing jointly can help in proving a bona fide marriage.

[pushbrk 12,882]

5 minutes ago, jakelake said:

The list just shows a birth certificate for the husband, the beneficiary.

Concerning filing jointly, it is possible if the foreigner has an ITIN.  Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the IRS. ITINs are issued regardless of immigration status because both resident and nonresident aliens may have a U.S. filing or reporting requirement under the Internal Revenue Code.

 

https://www.irs.gov/individuals/general-itin-information

 

Filing jointly can be a big plus in a couple of ways.

It helps in that the IRS gives joint filers large standard deductions which allows them to deduct a significant amount of their income immediately. Also, filing jointly can help in proving a bona fide marriage.

I understand the benefits of joint filing but am not clear how a couple files multiple "joint tax returnS" when the foreigner has not yet immigrated.

 

You're right that only one birth certificate is on that list.  I don't know what I thought I was seeing but I indicated no birth certificate from the petitioner was needed at the NVC stage, which is generally true.  Not sure what the argument was about regarding requests for missing birth certificates.  No reason was given for including a copy of the petitioner's passport but it would be evidence of time spent together in person, which may or may not  be looked at, as it is not required at the NVC stage either.  Frankly, I'm not completely clear whether "me" or "hubby" is the petitioner in this case.  My impression is that "hubby" is the foreigner though.  

 

An explanation of how a couple qualifies to file more than one joint tax return while the foreigner is yet to immigrate would be welcome but not applicable to this particular case or forum for that matter.  It's just a curiosity on my part.

[jakelake 222]

15 minutes ago, pushbrk said:

 

An explanation of how a couple qualifies to file more than one joint tax return while the foreigner is yet to immigrate would be welcome but not applicable to this particular case or forum for that matter.  It's just a curiosity on my part.

The couple qualifies because the IRS allows it.

A US citizen or resident alien can be married to a foreigner for many years and as long as the foreigner has an ITIN, the IRS will allow the couple to file jointly.

[amul 229]

14 hours ago, ChelAnnan31 said:

Yes of course dear, and I know to send all that applies to me, I just wanted to ask and make sure what all to send. You helped me a lot, again I thank you!!

 

Yay, awesome! I took pictures of my stacks (I-130 as well as the AOS and IV) so that I could remember what I sent and how I arranged them. You might want to try that. It can help jog your memory if you ever need it

 

Best of luck to you and yours! 

[amul 229]

14 hours ago, jakelake said:

Concerning the I-864, did you put N/A where it was not applicable to you or just left it blank? Parts like interpreter and preparer.

I left these parts blank after researching on what is the correct way to submit the I-864 -- however I will look it over again when at home and see if I put N/A anywhere else on the form for you, ok? 

[amul 229]

15 hours ago, jakelake said:

Actually, what amul stated was that she provided a copy her husband's birth certificate. Her husband is the beneficiary and a birth certificate is required. Also, it is possible to file a joint tax return with an immigrant visa case. The beneficiary would have to apply for an ITIN when the petitioner files his or her taxes.

Exactly, when I was in India, we went to the Embassy in New Delhi and got a certified true copy of his passport notarized ($50) and I brought it home with me. When filing our taxes, I submitted this with the W7 -- we had to do paper filing because of this and wait 12 weeks to get his ITIN. 

 

Filing MFJ saved me money (less taxes owed) in the long run as I lost my HOH (head of household) status after getting married and could not take advantage of the tax breaks given to single parents. 

[jakelake 222]

8 hours ago, amul said:

I left these parts blank after researching on what is the correct way to submit the I-864 -- however I will look it over again when at home and see if I put N/A anywhere else on the form for you, ok? 

Okay. That would be helpful. Thanks.

[jakelake 222]

22 hours ago, pushbrk said:

Correct.  as to the ITIN but he list provided showed a birth certificate in both the beneficiary and petitioner lists.  Also the list indicated joint tax "returns" which would only be applicable to a longer term marriage.  Not a tax expert, but not at all sure how a couple would file multiple joint tax returns before the foreigner is a resident.

 

 

This is so interesting! Just today I received my wife's ITIN in the mail. It took about 3 weeks to get.

 

My wife has never been to the US but I am able to file jointly.

I preferred filing jointly since I would actually get a small refund versus owing money to the IRS if I had filed separately.

 

My wife should get a social security number a few months after she gets her visa and that should be before the next tax filing deadly. However, if she were to never visit the US for the next few years, I could still file jointly as long as she has an ITIN.

[amul 229]

6 hours ago, jakelake said:

Okay. That would be helpful. Thanks.

Ok -- just took a look at my I-864 and I recalled correctly, I have not used N/A anywhere on the form. Hope this helps.  

[jakelake 222]

2 hours ago, amul said:

Ok -- just took a look at my I-864 and I recalled correctly, I have not used N/A anywhere on the form. Hope this helps.  

Thanks.

[ChelAnnan31 10]

19 hours ago, amul said:

Yay, awesome! I took pictures of my stacks (I-130 as well as the AOS and IV) so that I could remember what I sent and how I arranged them. You might want to try that. It can help jog your memory if you ever need it

 

Best of luck to you and yours! 

Thank you, I'll surely do that!!