Document Help

[RudelCraig 12]

9 minutes ago, larnar1309 said:

ok so bad news.....

 

My husband just called up the IRS place and spoke about his transcript. He filed as SINGLE because when he tried to file as married it asked for my social security number and of course I do not yet have one.

 

Long story short - he spoke to someone on the phone and they provided him with papers that he needs to mail to correct the single to married AND THIS CAN TAKE FROM 6 WEEKS TO 3 MONTHS!!!! omg  I feel like crying right now....

 

Has anyone had this situation before?! Is there any way we can pay or request for this to happen faster?!!

 

Is it really that much of a red flag if he provides his tax transcripts for the past 3 years as single?? we were married 30 dec 2016.. if it has been a few days later this would not be an issue... AHHHHHHHHHHHH!!!!! 

 

losing my mind!

 

@RudelCraig so lovely to meet you too! I will reply about our things in PM so as not to go off track in this topic! <3 

Wouldn't it help to file as NRA? Or go in person to an IRS office and change it on the system? Or obtaining some type of document from the IRS that states changes are not yet made but in process...

 

I'll let you know what hubby says about this. There has to be an easier & faster way. I'm hoping for those 6 weeks though.

 

(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.) From the earlier post you made? Won't this help?

 

My husband filed in March this year, we were married Sept 2016. I would also like to know from other members if this might be a red flag at the interview - someone?? I have yet to find anything on a tax return stating single being an issue.

 

@lanrar1309 I've found since submitting the forms and getting all my paperwork ready, birth & marriage certificates etc., that most of the time things work out in time. Be patient and everything will be fine. But push for what you need! (Yes we can chat off topic too.)

 

 

[larnar1309 101]

6 minutes ago, RudelCraig said:

Wouldn't it help to file as NRA? Or go in person to an IRS office and change it on the system? Or obtaining some type of document from the IRS that states changes are not yet made but in process...

 

I'll let you know what hubby says about this. There has to be an easier & faster way. I'm hoping for those 6 weeks though.

 

(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.) From the earlier post you made? Won't this help?

 

My husband filed in March this year, we were married Sept 2016. I would also like to know from other members if this might be a red flag at the interview - someone?? I have yet to find anything on a tax return stating single being an issue.

 

@lanrar1309 I've found since submitting the forms and getting all my paperwork ready, birth & marriage certificates etc., that most of the time things work out in time. Be patient and everything will be fine. But push for what you need! (Yes we can chat off topic too.)

 

 

Yes - he should have written NRA but he didn't know that was an option so we already submitted and received his tax docs as single. Now to have them amended he needs to submit this paper work which has to be sent by post and takes the 6 weeks - 3 months :/ 

 

Gonna send the documents later and try calling to ask if there's no speedier way... or simpler way... in this case maybe its easier for us to file other things like really old W-2 or I don't know >_< 

 

This is so upsetting because we have everything else in our IV AND affidavit of support packs ready to send and JUST paid the IV fee today... meaning when I travel to the US this weekend I was planning to collect his docs to put with mine ready to send... now it might be 3 months before we can send anything !!! so crazy! 

 

 

[RudelCraig 12]

4 minutes ago, larnar1309 said:

Yes - he should have written NRA but he didn't know that was an option so we already submitted and received his tax docs as single. Now to have them amended he needs to submit this paper work which has to be sent by post and takes the 6 weeks - 3 months :/ 

 

Gonna send the documents later and try calling to ask if there's no speedier way... or simpler way... in this case maybe its easier for us to file other things like really old W-2 or I don't know >_< 

 

This is so upsetting because we have everything else in our IV AND affidavit of support packs ready to send and JUST paid the IV fee today... meaning when I travel to the US this weekend I was planning to collect his docs to put with mine ready to send... now it might be 3 months before we can send anything !!! so crazy! 

 

 

Might be an option. The 1040 I submitted with the I-130 was from early last year - we were not married yet.

 

Are you flying this weekend?????

[JessieABC 159]

9 minutes ago, larnar1309 said:

Yes - he should have written NRA but he didn't know that was an option so we already submitted and received his tax docs as single. Now to have them amended he needs to submit this paper work which has to be sent by post and takes the 6 weeks - 3 months :/ 

 

Gonna send the documents later and try calling to ask if there's no speedier way... or simpler way... in this case maybe its easier for us to file other things like really old W-2 or I don't know >_< 

 

This is so upsetting because we have everything else in our IV AND affidavit of support packs ready to send and JUST paid the IV fee today... meaning when I travel to the US this weekend I was planning to collect his docs to put with mine ready to send... now it might be 3 months before we can send anything !!! so crazy! 

 

 

lol I can relate except I'm the US wife prepping al the paperwork for my husband.

 

you can take the risk and explain you are in the process of amending (bring proof that it is in progress) but if your are doing CR 1, it may be scrutinized if you have a follow up interview for removal of conditions.  Per the IRS, married on any day of the year including lay day of the year means married for that year's tax purposes. In hindsight, I would have wanted to delay the marriage till this year hahahaa 

 

From the forums, seems like a lot of people have not had this scrutinized during the preliminary visa interview but depends on which embassy and who's reviewing the docs.

 

any taxes filed with an NRA will most likely need to be paperfiled and state/federal exemption forms for. Or e-filing need to be submitted in conjunction, if applicable. I had to write in NRA and snail mail it.

 

P.s. Once he steps over the border, he'll also be accountable for taxes and heath insurance. We are probably going to get the visa this year but are going to schedule his move for Jan 1 to make tax paperwork easier lol.

[larnar1309 101]

Hahaha I know! What a cosmic joke!! A few days later and this wouldn't be happening ! 

 

We have decided to keep positive. Take a day today to relax and gather ourselves.

 

we have discussed a few possible ways that we can possibly help this situation.

 

1) any way to pay for it to be specially delivered / amended quickly 

 

2) any way we can write a cover letter and have proof of submitting the amendments declaring that we will have the amended documents by the time of interview 

 

3) speaking to NVC / IRS about any other options. 

 

4) just staying positive and loving each other through this process! 

 

Yes  I fly out this Saturday! Haven't seen my husband since April! I can barely function I'm so excited  

[JBMG 890]

On 7/11/2017 at 1:28 PM, larnar1309 said:

Hi me and my husband are currently collecting documents for our AOS and IV packs. (Filing for spouse visa CR-1)

 

There are a few things that he is not sure about - any help and clarification highly appreciated!

 

1) Proof of Domicile 

Does this mean a copy of our apartment lease? 

 

If your husband is currently living in the US, this is not needed. As his mailing address on the AOS form will be in the US.

 

Quote

2) Form(s) W-2 

Is this form necessary for CR-1 spouse visa application ? If so -  where can we find it?

This or the tax transcripts. 

 

Quote

 

3) Social Security earnings statement

same as above - Is this form necessary for CR-1 spouse visa application ? 

 

This is if you're retired/disability.. 

 

On 7/12/2017 at 0:42 AM, larnar1309 said:

@JessieABC I just spoke to my husband and because he only moved back to work in the US from less than a year ago he said his W2 would not be available. In this case should we just write a letter describing why it's unavailable and have it signed by his employer ? Do you know what people do in this case? 

 

Thanks for your support

 

Please read the following instructions. This will help you out tremendously will filling out the i864. Read every page, every line.  

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

 

I'm American living with my husband in France. So we didn't have w2's.. So YES, you need to write a letter explaining why you don't have w2's for the year 2016.. If for example, he was working in the US for the years 2014 and 2015, then I would suggest providing those Tax transcripts, including a letter to explain that he was working temporally abroad for the tax year 2016, this is why he doesn't have a w2.. Can also explain in your letter that you've attached recent pay stubs/and a letter from the same employer that worked with in 2014 and 2015 explaining the employment history/current status of being employed. 

 

On 7/12/2017 at 2:31 AM, larnar1309 said:

 

Okay! He filed separately and we have the IRS tax transcripts for his last 3 years with much over the income required. So I'm assuming we are in the clear with the IRS transcripts ? 

 

Thank you! 

 

18 hours ago, larnar1309 said:

Thank you for the advice. Because we lived together in Japan for several years the last one would not be recent at all. However as an American Citizen, he still had to file taxes from Japan so I think having the last 3 years of Tax IRS transcripts would probably be better for us than an old W-2? 

Did you also file IRS transcripts?

Tax transcript are great to have. Glad that he did file taxes for every year while working abroad. This is required by US law. But if the last 3 years, the income came from abroad, not from an American employer which provided you with w2's, then it's vital to show recent pay checks, work contract/employment letter. They care about the current income/employment status from an American based income. So show as much proof as you can. 

 

Sidenote: if by chance, you have lived abroad for 6 months or more after the age of 16, make sure you have police reports from all countries you have lived in.  If any record/activity on them, make sure you get the corresponding court records. 

 

17 hours ago, larnar1309 said:

 

-----------------------------------------------------------------------------------

Looks like my husband will need to refile his taxes as married!!!! so glad I saw this >_<

 

15 hours ago, larnar1309 said:

ok so bad news.....

 

My husband just called up the IRS place and spoke about his transcript. He filed as SINGLE because when he tried to file as married it asked for my social security number and of course I do not yet have one.

 

Long story short - he spoke to someone on the phone and they provided him with papers that he needs to mail to correct the single to married AND THIS CAN TAKE FROM 6 WEEKS TO 3 MONTHS!!!! omg  I feel like crying right now....

 

Has anyone had this situation before?! Is there any way we can pay or request for this to happen faster?!!

 

Is it really that much of a red flag if he provides his tax transcripts for the past 3 years as single?? we were married 30 dec 2016.. if it has been a few days later this would not be an issue... AHHHHHHHHHHHH!!!!! 

 

losing my mind!

 

@RudelCraig so lovely to meet you too! I will reply about our things in PM so as not to go off track in this topic! <3 

 

Same thing happened to me but I had I filed as Single because I had read somewhere that if I'm married and living abroad, didn't make a difference since my spouse wasn't living in the US.. But I saw that same post when doing some research here on VJ.. Got freaked out, called the IRS, explained my case, they said to file an amendment. So that's what I did. Filed the 1040x, wrote the following under the  "explanation of changes" 

 

==

Hello, I made a mistake on my origanal 1040 filed for the year 20xx. I filed "Single" when I should have filed "Married filing

separately". My spouse's full name is ---- ---- ---- NRA - NO US TlN, no SSN. He is not American nor a resident of the

United States. We reside together at....   

 

ONLY CHANGE ON 1040 WAS FILING STATUS, NO CHANGE ON THE 2555 EZ. 

===

 

I sent this all into the NVC as well. My tax transcripts, my amended returns with my originally filed 1040 and 2555 EZ forms. Also included a separate letter explaining my situation to the NVC. 

 

Here is the text for my letter.

==

 

Re: IRS Tax Transcript – Amended Returns 20xx

 

Dear Sir/Madam:

 

I, ____ _____ ____, SS# xxx-xx-xxxx made a mistake when I filed

my 20xx taxes. I filed “single” when I should have filed “Married

filing separately” On April x, 2017, I mailed the IRS the amended 20xx Federal income Tax Returns.

 

Enclosed:

• IRS Tax Transcript for the year 20xx

o 20xx amended Federal Income Tax Return

 

Sincerely,

 

 

First name Last name

April, xx, 2017

 

==

 

6 hours ago, larnar1309 said:

2) any way we can write a cover letter and have proof of submitting the amendments declaring that we will have the amended documents by the time of interview 

Yes, just as I did above and it worked out fine for me.. I didn't have to wait for it to be processed.. I had no problems with my case at the NVC.  I received my CC (case complete) within 55 days (7.86 weeks).  Best advice I can give is to leave no ambiguity in your file.. Include letters explaining why anything could appear missing/wrong in your file. The NVC's role is to make sure your file is ready for the embassy to review. That they have everything..  If anything is missing, you'll get a checklist.. They're not there to be investigators, your file tells your story. 

 

Quote

Yes  I fly out this Saturday! Haven't seen my husband since April! I can barely function I'm so excited  

FANTASTIC! Have a lovely trip seeing your hubby.. Great opportunity to prove your relationship, take pics with him but also with his friends/family. They'll ask for updated pics/evidence of a relationship when you go to your interview. But you don't need to send this stuff in with your NVC package. 

 

Meanwhile, please read the first few posts of the following forum. VERY VERY important info there that will help you throughout your NVC journey. From tips on how to avoid a checklists, to forums to join, to explaining the process, etc..  Any future questions, you can post them on that forum. I will copy and paste this conversation on there as well.  

 

 

ps. @JessieABC, Great feedback, it def opened up a lot of questions. Well done!  Larnar1309, seems overwhelming now but by the time you reach your CC, you'll be an expert.  

 

Edited July 13, 2017 by JBMG

[RudelCraig 12]

8 hours ago, larnar1309 said:

Hahaha I know! What a cosmic joke!! A few days later and this wouldn't be happening ! 

 

We have decided to keep positive. Take a day today to relax and gather ourselves.

 

we have discussed a few possible ways that we can possibly help this situation.

 

1) any way to pay for it to be specially delivered / amended quickly 

 

2) any way we can write a cover letter and have proof of submitting the amendments declaring that we will have the amended documents by the time of interview 

 

3) speaking to NVC / IRS about any other options. 

 

4) just staying positive and loving each other through this process! 

 

Yes  I fly out this Saturday! Haven't seen my husband since April! I can barely function I'm so excited  

Hi

 

Have a great flight. Lucky you - I haven't seen mine since September! 

 

I have found some additional info that might shed some light. 

 

On the IRS' website:

 

http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Nonresident-Alien-Spouse

 

And found this post from 2014:

 

http://www.visajourney.com/forums/topic/489929-i-130-husband-filed-his-tax-as-single/

 

[larnar1309 101]

@JBMG and @RudelCraig are you both sent from heaven ?!?! Ahhhh thank you both so much. I am hugging my laptop Hahahaha!! 

 

This is incredible information. So we have the forms for the amendment and we will make copies of those and the original single transcripts. We will put both in our package to NVC along with a cover letter explaining that we will have the amended versions processed by the time of the interview!!! 

 

Reading a lot of people's stories on it, it seems like people get the amendments around 8 weeks which is the same time as CC! So I feel a huge weight lifted off my shoulders knowing we can continue with our NVC process as usual!! 

 

Oh my gosh this process is such a huge test! 

 

Lets all have a huge party when we become immigration lawyers after all this  Ahahaha !! 

 

But honestly - thank you again from the bottom of my heart! <3

[RudelCraig 12]

1 hour ago, larnar1309 said:

@JBMG and @RudelCraig are you both sent from heaven ?!?! Ahhhh thank you both so much. I am hugging my laptop Hahahaha!! 

 

This is incredible information. So we have the forms for the amendment and we will make copies of those and the original single transcripts. We will put both in our package to NVC along with a cover letter explaining that we will have the amended versions processed by the time of the interview!!! 

 

Reading a lot of people's stories on it, it seems like people get the amendments around 8 weeks which is the same time as CC! So I feel a huge weight lifted off my shoulders knowing we can continue with our NVC process as usual!! 

 

Oh my gosh this process is such a huge test! 

 

Lets all have a huge party when we become immigration lawyers after all this  Ahahaha !! 

 

But honestly - thank you again from the bottom of my heart! <3

No worries! We're all in the same situation. Kinda have to stick together! Only a pleasure.

 

 

[JBMG 890]

16 hours ago, RudelCraig said:

No worries! We're all in the same situation. Kinda have to stick together! Only a pleasure.

 

So true, "have to stick together". :-)

[JBMG 890]

18 hours ago, larnar1309 said:

@JBMG and @RudelCraig are you both sent from heaven ?!?! Ahhhh thank you both so much. I am hugging my laptop Hahahaha!! 

 

This is incredible information. So we have the forms for the amendment and we will make copies of those and the original single transcripts. We will put both in our package to NVC along with a cover letter explaining that we will have the amended versions processed by the time of the interview!!! 

Perfect, after replying to you yesterday, I printed my amended return. So happy to read "married filing separate". So yeah, you should def have it by your interview.

 

 But also equally if not more important is the employment situation. To be a qualified sponsor, Current income has to be earned in the USA (and 125% above fed poverty guidelines), via American employers or their own business based in the US. Include another letter briefly clarifying that he was working abroad since... but since date, has been employed in the US. (Stick with facts) Including as much evidence as you can that he is earning money in the US now.   

 

(The i864 instructions help too.

, Def reference those)

 

18 hours ago, larnar1309 said:

 

Reading a lot of people's stories on it, it seems like people get the amendments around 8 weeks which is the same time as CC! So I feel a huge weight lifted off my shoulders knowing we can continue with our NVC process as usual!! 

 

 

 

18 hours ago, larnar1309 said:

Oh my gosh this process is such a huge test! 

 

Lets all have a huge party when we become immigration lawyers after all this  Ahahaha !! 

So true. :-)

 

 

18 hours ago, larnar1309 said:

 

But honestly - thank you again from the bottom of my heart! <3

You're welcome . :-)

[JBMG 890]

On 7/12/2017 at 1:05 PM, RudelCraig said:

Hi

 

You may use the last W-2 that was issued. For our I-130 we used my husband's filed W-2 from the previous year, i.e. 2016.

Just to clarify Rudelcraig, larnar has already been approved by the Uscis, her file is now at the nvc (national visa center). So paperwork requirements are different at this stage. Bookmark this forum thread to reference when you reach the NVC stage. Especially the information listed on the first few posts of the following forum. You can already start reading it to prepare for it. :-)

 

 

[larnar1309 101]

4 hours ago, JBMG said:

Perfect, after replying to you yesterday, I printed my amended return. So happy to read "married filing separate". So yeah, you should def have it by your interview.

 

 But also equally if not more important is the employment situation. To be a qualified sponsor, Current income has to be earned in the USA (and 125% above fed poverty guidelines), via American employers or their own business based in the US. Include another letter briefly clarifying that he was working abroad since... but since date, has been employed in the US. (Stick with facts) Including as much evidence as you can that he is earning money in the US now.   

 

(The i864 instructions help too.

, Def reference those)

 

 

 

 

So true. :-)

 

 

You're welcome . :-)

 

Ah you got yours ? How many weeks did it take for your amendment to come through ? 

 

Yes you are right ! We have a letter and pay stubs etc from his current employer and also a savings account with all the money made from the 3 years working abroad which makes us way above the poverty line so I will write up a cover letter using wording from the i864 for that  great advice thank you ! 

[JBMG 890]

Just now, larnar1309 said:

 

Ah you got yours ? How many weeks did it take for your amendment to come through ? 

Actually i don't know when it was updated in their system but it does list the day that I sent in the amended return.  So that'll be great for the embassy to see, showing proof that I had corrected it.

 

Just now, larnar1309 said:

Yes you are right ! We have a letter and pay stubs etc from his current employer and also a savings account with all the money made from the 3 years working abroad which makes us way above the poverty line so I will write up a cover letter using wording from the i864 for that  great advice thank you ! 

That's perfect! Yeah, actually we used assets to qualify since I'm not currently living in the US. So if you have enough assets 3x's more than the 125% above the poverty line, you can get approval based on that alone. We did. Again, another letter explaining that.    But even though we were approved, we're also bringing a joint sponsor's AOS (i864) to the interview for back up.  Because even if the NVC says you have all the right paperwork, it's the embassy/consulate that approves if you get a visa.. 

 

[larnar1309 101]

2 hours ago, JBMG said:

Actually i don't know when it was updated in their system but it does list the day that I sent in the amended return.  So that'll be great for the embassy to see, showing proof that I had corrected it.

 

That's perfect! Yeah, actually we used assets to qualify since I'm not currently living in the US. So if you have enough assets 3x's more than the 125% above the poverty line, you can get approval based on that alone. We did. Again, another letter explaining that.    But even though we were approved, we're also bringing a joint sponsor's AOS (i864) to the interview for back up.  Because even if the NVC says you have all the right paperwork, it's the embassy/consulate that approves if you get a visa.. 

 

 

Ah great! It's always better to have too much than not enough  

 

what part of the process are you in now at the NVC then exactly? Waiting for case complete ? 

 

Which area in the states are you moving to??