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S2N

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S2N last won the day on October 1

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Immigration Info

  • Immigration Status
    IR-1/CR-1 Visa
  • Country
    Chile

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  1. I’ve always seen AOS used as Adjustment of Status and never Affidavit of Support, which is why the comment you made was confusing. I-864/Affidavit of Support is obviously applicable here as well.
  2. They’re doing CR-1/IR-1. AOS isn’t applicable. Have to list it on an I-130 for consular processing as well, though.
  3. If possible work on getting a certified copy of her passport so you can file taxes jointly with an ITIN. It’ll save you money and is evidence of commingling.
  4. Usually they process them fairly quickly, but like others have said, it depends on the circumstances. I would have advised against the money transfers, but that’s done now and the other items are useful.
  5. The odds of a B2 visa being granted to someone with a recent I-130 petition on file are effectively zero. You are of course free to withdraw the I-130. I would still expect the B-2 visa to be denied. Neither of you have strong ties to NZ it seems like, and you’d need very strong ties to overcome a recent immigrant visa filing.
  6. They’ve slowed down a bit with the shutdown (they’re still processing, but went from ~4500/day to ~3500/day) January was tracking to have first approvals around the end of December. Now it’d probably see first approvals around end of January/beginning of February as a best guess.
  7. Put down the month and year you started at the most recent educational institution if the reason for your unemployment was that you’re a student.
  8. We’re agreeing. I was providing extra comments that from a government-wide level, a lot of people view K-1 with suspicion. Being from a country that already has increased risk of fraud doesn’t help that.
  9. There’s an assumption and/or prejudice by some in the immigration/state department world that even K-1s from low fraud countries are fraudulent. India and Pakistan are not low fraud countries. Draw what conclusions you want from those facts. I suspect at some point in the next three years K-1 will likely see significant changes. It’s viewed with suspicion by left, right, and center and the Utah marriages have more or less rendered it redundant at this point.
  10. You’re confusing the “account transcript” and the “record of account transcript”. The nearly identically named documents are both different and poorly named as they’re easily confused. The “Record of Account Transcript” (what I suggested) contains both the “Tax Return Transcript” and the “Account Transcript” in one PDF. It is the most complete transcript you can get from the IRS and contains all the information the consulate would need. Its poorly named as it can easily be confused with the “Account Transcript”, which is definitely not sufficient. The record of account transcript contains everything related to both the return and account status. Anyway — my ping was to check if they could use the simpler return only version as the joint sponsor might have reasons to prefer that vs. all account info. Answer to that appears to be yes.
  11. The one I provided includes the entirety of the return transcript as well as additional data so would be more complete. Just wasn’t sure if they were fine with the simpler return-only version as well. If they’re fine with the return-only version that’s useful to know, thanks.
  12. Try again with the transcripts and not the tax return. I have a hunch that will solve your problem. She can get them for free from the IRS website. The transcripts page has several options. The “Record Account Transcript” contains both the return and filing status/dates. I think they might also accept just the return transcript (@pushbrk would know more), but as the record of account also contains the return plus more information it should be safe. Included a screenshot below.
  13. In you all’s situation MFS likely makes the most sense; the only thing is she’d need to paper file as you don’t have an ITIN. You’re in one of the weird situations where MFJ might actually hurt because it would disqualify you from the foreign earned income exclusion (FEIE) She’d paper file as MFS, manually write in “NRA” for your SSN, and mail it off to the appropriate IRS office. She would need to claim the FEIE and would likely owe $0 in taxes. I’d recommend mailing any back taxes in soon as paper can take a minute. This is not tax advice, and if you have specific questions it’s worth consulting a CPA with experience in expat filing.
  14. Sure, but as with all things it’s a question of risk tolerance and the amount of effort and money one wants to put into the perceived risk. The risk of being denied for domicile while applying from deep South America is not high. Someone could spend a lot of money establishing proof even to the extent of moving to the U.S. ahead of their spouse or they could do all the normal things one does when moving countries and use that as proof. Speaking personally, if there’s an additional cost to doing things overseas vs. the U.S. for a non-English speaking country where there’s not a cultural history of people splitting time between countries, I wouldn’t pay the extra cost in order to develop evidence beyond what would come up in the normal course of moving.
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