Dan and Akari

You hit the nail square on the head here. I over analyze out of an abundance of caution because I know mistakes cost time. Unfortunately, sometimes the over analysis morphs into playing out different scenarios of possible outcomes if I make a mistake, and then I come here to research, confirm or deny may assumptions, and when necessary, seek advise. I was excited when we made it through the USCIS phase so quickly, but that excitement was tempered by the reality that the documentary requirements at NVC were more daunting than the I-130 petition. Little intricacies that can trip you up are pervasive in the process. I read the instructions multiple times, paying attention to small details like the word "if", i.e. do this "if" that. I appreciate the time you and the other veterans here spend in helping the rest of us through the process. Thank you.

@pushbrk I appreciate your quick reply and clarification; however, I want to respectfully say that the condescending tone you took with me and to other users to whom you respond is unnecessary and unhelpful. We come here for advice, and just because you feel as though we are asking something that is "clearly stated" that doesn't warrant the tone. If the instructions on these forms were "clearly stated", there would be a lot fewer immigration forums and how to videos on these forms on YouTube. I am a degreed professional. I understand how to read instructions. If I felt as though the instructions "clearly" stated something, I would not have asked a question. I am submitting the I-864 to prove "I" can support my immigrant wife, so when I am asked for "MY" income I take that literally. Clear instruction would simply say "Enter the total income....on your Federal income tax returns..." . We are all navigating a complicated process that leaves little wiggle room for error and those errors cost us time. We come to this forum to ask questions and get the helpful advice to avoid the pitfalls that delay or even halt our journey. Again, I really do appreciate your answers and clarification.

OK, I was looking at the instruction in parentheses so that is on me. And just so there is no translation error, you are saying that I should enter the total income from my MFJ return even though none of the income was "My" income. I just want to make sure I am doing this correctly. And I appreciate everyone's answers. First, let me clarify that I have more than enough in assets to qualify, but out of an abundance of caution (after reading a few posts here from people who qualified on assets but were still asked about income), I returned to the states in September 2023 and got a job where my "current income" is well over the 125% annually.

On Part 6 Sponsor's Employment and Income, questions 24a, 24b, and 24c ask for my AGI for the current year and past 2 years' tax returns. I sold my business in 2016, worked for the acquiring company for 4 1/2 years and in November 2020 embarked on a what I planned as a 3 year sabbatical from corporate America. At the time I was married to my ex. We filed Married Filing Jointly for 2021 and 2022 during which time I had no income; however, my ex wife's income was reported on our taxes for 2021, 2022. Do I report the AGI from the 1040 for 2021 and 2022 even though all the "income" was produced by the ex? Or do I report $0 since none of the income was mine? Since I am filing an AOS, I would think that only MY income would count.

@mocha12 Welcome to VJ! Unfortunately, there is no evidence other than anecdotal evidence that the K3 helps. I did a lot of research when I joined VJ because we wanted to stay ahead of the process. I saw a lot of anecdotal references for the K3 potentially helping if you file it early. It doesn't help so much when filing it later in USCUS phase because your I-130 petition is likely to get adjudicated before the look at the K3 which has projections of 6 months. As far as online filing, I chose that option because I felt the online process of walking me through the form was more beneficial that filling it out on paper, and we got our NOA1 the same day. I recommend doing as much research as possible here on VJ to understand how you can best navigate the remainder of your journey. For example, your next step is the NVC stage. Research all you can about how to get through the NVC process. Read up on paying the AOS and IV fees, become an expert on completing the I-864 and DS-260 and start gathering as many of the necessary docs as you can, i.e. taxes, financials, his civil documents, etc. For example, we weren't prepared for such a quick petition approval, and one civil document needed for the beneficiary is a police certificate from every country the beneficiary has lived in for 6 months or more. My wife is Burmese but lives in Thailand and the Thai Police certificate takes 3 weeks to process. Understand if there is an expiration or other caveats on each record. She had to return to Myanmar to get an updated police certificate and recreate her vaccination record since her mother could not find the original. All of these things take time, and if you know what to expect in advance you can move through the process smoother...not necessarily smooth, but smoother. I wish you the best of luck and hopefully you will get an approval on your petition soon.

1. Since you are filing MFS, you need to print the return to write "NRA" in the field for her SSN and also to sign the return. To my knowledge, you won't be able to file electronically because of this. I am mailing my return because in the interest of expediency I used TurboTax and I can't e-file because the software will keep flagging the return as incomplete for e-filing because of my wife's missing SSN on the electronic form. 2. It is my understanding based on other recent posts regarding taxes that this will not affect how your case is viewed

Besides having an exorbitant tax liability that you want to wait as long as possible before you have to stroke a check to the IRS, why wouldn't you complete your return as soon as you can? I understand the OP "Expects" a specific timeframe I assume based on trends which is probably a reasonable assumption, but wouldn't it be prudent to be prepared in case things don't go as "expected" timing-wise? One reason I can think is that completing the 2024 return early allows the IRS time to create the tax transcript (NVC preferred format) while you may still be awaiting USCIS adjudication.

Forgot to add that you need to print the completed return, write "NRA" in the field for her SSN, sign the return, and mail it to the IRS. Keep copies of all supporting documents like the W2's and 1099s because you will need to send those with the completed tax return to NVC when you submit your AOS.

1 - No. Without a SSN or ITIN for her, you can't file jointly File Married Filing Separately. 2 - No 3 - Her being a dependent is used for the IRS to determine if you can take a deduction for her. You can't because she has no SSN or ITIN. She probably doesn't meet the other criteria of being a dependent anyway. 4 - Not yet. For the return you file as married separate, you will only get the standard deduction for yourself, or the itemized deduction if it exceeds the standard deduction. She has no SSN or ITIN and doesn't qualify for getting you another standard deduction. This is why Lil bear suggested filing an amended return when she arrives in the US and gets her SSN. THEN you can file married jointly and take a deduction for her on the amended return which may help your tax situation.

I'm not going to tell you it is improper. Nor will I try to predict the effect it will have on your immigration case. Personally I would consider it odd that you are married but claim on your tax return that you are single when you are trying to prove to US immigration that your relationship is bona fide by co-mingling your financial affairs. Nonetheless, that is my opinion and has no bearing on your decision or question. Some things to consider. - Filing single is the least beneficial way to file. If you expect a tax liability, or want to maximize your refund, filing Married Separate allows you to claim your wife's standard deduction. You simply need to write NRA in the SSN field as previously advised. - Per the IRS instructions your filing status is based on your marital status as of December 31, 2023. If you get married at 11:59 pm on December 31, 2023 you are married for the entire year of 2023. - Doesn't matter where on Earth your wife physically resides while waiting to come to the US. You are still married in the eyes of the IRS. - First year filing with a NRA, you must file by mail so writing NRA on the return for her SSN is pretty quick and easy. Ultimately it is your choice. I wish you the best of luck.

+1 I recommend filing K3 as soon as you get your NOA1 for the I-130. I can't point to any specific evidence that the K3 helped us, but I can tell you we filed I-130 August 2, 2023, K3 September 2023, and our I-130 petition was approved January 25, 2024...6 months instead of 11-12. FWIW...we also filed K1 in May 2023 and then switched to CR1 in August (long story). Again, no guarantees, but also no down side. Filing I-129F for K3 is free and easy to complete the form and send it in. Best of luck.

Thank you. We committed from day 1 to maintain a positive attitude, concentrate on completeness and accuracy over speed, and we are so excited to be past the USCIS stage so quickly. Everything seems to be moving rather briskly: case sent to NVC in 3 days, fees paid and processed today so we are ready to start submitting the documents and evidence for the NVC stage. We appreciate your well placed, well received advice. At this point we will accept providence with open arms.

I hope you get good news soon as well. I am not sure why we were approved so quickly, but I think filing a K3 immediately after filing the I-130 may have helped. FWIW, we filed as follows: Filed I-129F for K1 May 2023 Switched to I-130 for CR1 (long story involving Myanmar tradition) August 2, 2024. NOA 1 same day because we filed I-130 electronically Sent letter requesting withdrawal of K1 at the end of August I-130 went to "Actively being reviewed" on September 21 K1 Withdrawal acknowledgement received September 27 Filed I-129F for K3 in September after we received K1 withdrawal notice I really hope that processing is faster across the board for everyone. I would suggest creating a timeline and please do keep us posted on this thread.

Filing your I-130 petition online is the easiest given the fact that you both reside in Kenya. Your husband, the US Citizen must be the one to complete and file the petition. He really should join the forum to gather the information you seek. Follow the instructions on the online form. There are several YouTube videos out there that detail the I-130 filing process. I disagree on filing the K3. While I agree that your chances of getting a K3 visa approved are about 0%, many people, including myself, can attest that it may help get the I-130 petition approved by USCIS faster. However, all of the cases where it helped are only supported by conjecture that it helped. We filed I-130 August 2, 2023, filed I-129F for K3 in September 2023, and the I-130 was approved January 25, 2024. I believe the quick filing of our K3 helped us get our I-130 petition approved in 5 1/2 months as opposed to the 11-12 months it seems to be averaging at USCIS. K3 is free and the form is easy to complete so there’s no harm in trying anything that could potentially help IMHO. Good luck on your journey.

Yes, I confirmed that with someone else. Moot at this point because I checked my case status this morning and our I-130 petition was approved yesterday. I can't say definitively that filing K3 expedited anything because I know that each case has unique variables. However, given the fact that USCIS Potomac SC is saying 14 months on average to adjudicate 80% of cases, and looking at people's timelines here averaging around 11-12 months recently, I can't help but think that filing the 129F for K3 within 30 days of filing the I-130 helped our case get adjudicated in less than 6 months.

Checked our case status this morning… I-130 APPROVED!!!!! January 25. Super excited. Shifting our focus now to what we need for NVC phase.

Anyone? Anyone? Bueller?

Back to my original question: is this normal?

We filed it for the same reason everyone files it: because it is an option that is available to pursue. We realize that there is a slim to zero chance of approval , but not exploring every option to be reunited with my wife as soon as possible is something I perceive as negligent in my part. I also realize there is no evidence that a K3 will expedite the CR1. It was free and only took a few minutes to complete and submit. Again, why not explore every avenue on the chance it may help?

We still do not see the K3 listed on our cases on MyUSCIS. I can add it to the USCIS mobile app by the receipt number, dated October 19, 2023, but nothing shows on the web site. All other cases we see on MyUSCIS online: K1 and subsequent K1 withdrawal notice and I-130. Does this still fall within “notoriously slow” parameters or have we passed that point? I assumed, maybe incorrectly, that sending the I-130 receipt notice with the I-129f for K3 would somehow associate the two and therefore list both of them under my USCIS login. Or am I potentially missing something?

Are there no other August 2023 I-130 CR1 filers here??

Couldn’t find August 2023 filers so I figured I would start one. I, the USC, filed online for my wife, Burmese living in Thailand, and received NOA1 same day, August 2,2023. We had previously filed K1 in May 2023…long story. Sent letter to withdraw K1 at the beginning of September. Received notification on September 21 that “Case is being actively reviewed “ for our I-130. MyProgress at the time said four weeks, then moved to three, two, one and then “Your case is taking longer than expected “ Received notice of K1 withdrawal on September 27. Filed I-129f for K3 early October. Received notification of receipt of K3 a couple weeks ago. We are committed to maintaining a positive attitude to get us through this process and we do a lot of research to try to stay one step ahead. My wife is now looking for a clinic to update her vaccinations (she is from Myanmar and has no record of vaccinations), get a proactive chest x-ray, and I am gathering all the financial information needed. Wishing everyone lots of luck…and patience.

Ooops. I just searched for August 2023 I-130. I think this was the only one I found. Sorry for the incorrect post.

Filed online for my wife and received NOA1 same day, August 2,2023. We had previously filed K1 in May 2023…long story. Sent letter to withdraw K1 at the beginning of September. Received notification on September 21 that “Case is being actively reviewed “ for our I-130. MyProgress at the time said four weeks, then moved to three, two, one and then “Your case is taking longer than expected “ Received notice of K1 withdrawal on September 27. Filed I-129f for K3 early October. Received notification of receipt of K3 a couple weeks ago. We are committed to maintaining a positive attitude to get us through this process and we do a lot of research to try to stay one step ahead. My wife is now looking for a clinic to update her vaccinations (she is from Myanmar and has no record of vaccinations), get a proactive chest x-ray, and I am gathering all the financial information needed. Wishing everyone lots of luck…and patience.

We filed our K3 petition and accompanying G-1145 a couple weeks ago. Wednesday I received a text notification from USCIS acknowledging receipt of the petition and informing me the I797C is forthcoming in the mail. However, when I login to USCIS to check my cases, this K3 petition is not showing in my list of cases. I see our original K1 petition with a status of "withdrawal acknowledgement notice was sent" from our withdrawal letter I sent and I see our current CR1 petition with a status of "Case is being actively reviewed by USCIS". But no K3. Is this normal? I sent a copy of the I-797C from our I-130 for spouse as required with the I-129F for the K3 so I would assume that they know the K3 is associated with this petition.