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California likely has capacity and requested additional cases. Your PD tracks with what’s currently being processed. You’ll likely have a decision soon.

They usually ask for it in lieu of a court order to change from a maiden name to a married last name. If that’s what’s going on it makes sense for them to be requesting it apostilled (or at least isn’t weird.) Presumably they could get it issued without a name change and change later if that’s what’s going on (and can ask the DMV this question.) Agreed just for a license without a name change would be something I’ve never heard of. It’d be useful to know what state OP is in.

Right, they had the correct documents for the visa since she’s here. The Department of State and USCIS don’t require apostilles. The DMV can require one, though. They aren’t bound by the State Department rules. It’s worth a shot showing them that list, but if they want an apostille, they’re well within their rights to require it. Based on OP’s original post, it seems that’s what was requested and they’re trying to avoid paying for it.

That could work, but the state could also want an apostille. It’s not something that’s required to get a visa, but it’s also just a good thing to have for a vital record when you know that you’re going to have a life in two countries. I’m assuming this probably relates to wanting to have a different last name than what’s on OP’s wife’s passport.

Your “new marriage” would not be legally valid as you’re already in a legal marriage. Entering an invalid marriage is not a workaround for not paying for an apostille.

Absolutely. They’re the single most important factor. It is true that the quickest way if there’s a willing joint sponsor is to get one when a consulate ignores assets. It’s also true that it’s possible to ask a consulate to reconsider and provide them an explicit roadmap, but that this will likely take longer. For many people applying for a spousal visa while separated, the speed of reunification is the most important factor, which is why the joint sponsor route is often suggested. For others, there are other considerations or there might not be a willing and qualified joint sponsor. Letting people know there’s multiple options and the pros and cons of both is one of the great benefits of VJ.

Most people would rather resolve their cases quicker and be with their loved ones faster rather than fight with the government to prove a point. That’s not weakness, that’s a rational cost benefit analysis, and that is why you hire a legal professional. They would be negligent in their fiduciary duty to you if they didn’t mention that the easiest way is to get a joint sponsor even if the government was wrong in the original denial. If someone is paying a lawyer, they have a right to be informed of that and decide if they want to fight on this point or take the easy way. Many if not most people will prefer the easy way, and that’s perfectly reasonable, especially if you’ve been separated from your spouse for 2+ years. And yes, like I said, it’s not the best option for everyone. Someone might not be able to find a joint sponsor or there may be reasons outside the immigration system to prefer to fight to qualify on assets. It looks like for you there were and it worked out. That doesn’t change that the best advice from a purely immigration perspective is that a joint sponsor is the quickest way if income doesn’t meet the threshold, so if it’s available and it’s something you are comfortable with having one lined up will speed up the process. For the overwhelming majority of people it’s not about being right or wrong, it’s about getting to live with their loved ones in the fastest manner.

Multiple people can be right here. @pushbrk is right in his earlier reply that people who could qualify by having large amounts of assets probably don’t want to involve a joint sponsor for non-immigration related reasons. @Larry and Marides is correct that it’s possible to prove to the government that you meet a regulation they have to follow even if they don’t want to follow it, and the best way to do it is to explicitly spell out for them how you meet a regulation they might not even be aware of. This is useful for people who have non-immigration reasons to not involve a joint sponsor or who can’t. But @OldUser’s point is arguably the strongest here and one I’ve said a few times recently related to tax questions: it is usually the path of least resistance to give the government the most common and easiest response that meets their request rather than to have a drawn-out argument with a consular official. Most of the people who will have I-864 issues are going to be people in school, middle-aged people living abroad, and retirees. Of those three groups, the only one where fighting with the government over whether your assets comply with the FAM rules might be easiest is retirees, who are also a lower percentage of applicants. For most people, a joint sponsor is the easiest and most effective way, and if it’s feasible and there’s not a reason unrelated to immigration to not find a joint sponsor, it’s probably the best option.

We used Google Slides to create a slide deck of all the photos (passport stamps, boarding passes, and photos of us and photos with friends and family) then downloaded it as a PDF and uploaded it as a combined file. Named it “Evidence of time together.pdf” or something like that. Advantage of using a PowerPoint/Google Slides format before PDFing is that it’s really easy to add captions below saying what’s in the pictures. Used Google Slides over PowerPoint only because I started it in the U.S. and finished it while I was in Chile; easier to sync between computers and I wasn’t going to be doing a presentation with it.

If she has an SSN you can e-file and don’t have to go through the ITIN process, which requires paper. Doesn’t matter when the SSN was issued. If the wife is included on the return (either by choice or because she’s required to as a tax resident), her income from Jamaica would be taxable in the U.S., but for MFJ it’s usually just a tax on paper in the first year since there will probably be excess withholding from the USC spouse, and both parties end up ahead. You can also definitely file MFJ, but exactly how you do so depends on a lot of factors (i.e. the foreign national might already be a U.S. tax resident since she moved here in July, in which case she might have a filing requirement and it wouldn’t be an option for her not to file. If not you would make an 6013(g) election.) I keep repeating myself on all these threads, but you really should hire a CPA with experience in these topics to do your returns for you, especially the first year. Any time you are dealing with tax law that involves two jurisdictions there are complexities that TaxAct, FreeTaxUSA, TurboTax, and other DIY softwares aren’t going to be able to capture well. It’s not that they can’t do the math, but it’s that you need to know what items go into the box that’s asking you for foreign income, foreign taxes paid, etc. Knowing if your wife is a tax resident already is also a question a professional can help you with. Since she has an SSN, go ahead and file for an extension using FreeTaxUSA or your software of choice, and then look for a CPA. File an extension with the state tax authority as well. Note an extension is an extension of time to file, not time to pay, so if you think you’ll owe taxes you’ll need to estimate and pay when you file the extension (probably won’t since you’ll be MFJ with foreign income that only lasted 1/2 the year, but worth mentioning.) That’s not an answer to all your questions, but the best answer really is “you should talk to your CPA, and at this stage you probably aren’t filing by 4/15.” Also note nothing above is tax advice; talk to a licensed professional who you pay to get that.

You’ll probably need an ITIN, but even the giant banks should be okay with it if he has one. If they don’t have an ITIN it’d be pretty hard with the Patriot Act and anti-money laundering laws, but there might be a small bank that’s open to it.

That’s not how the math works. The actual time it takes to process is based on applications processed per day. A month ago the approvals were at 16 months for people who applied when processing times were 11 months. Processing times had slowed down pre-January and have picked up in the last 3 months. They’re processing 200-300 more a day than they were in December/January, which brings us back in line with November, when they were processing people in 14-15 months, and we’re seeing approvals come through that match that. Things can slow down in the future, sure, but they are increasing speed from the low we saw in December and January. You can’t really know when you apply how long it will take. It depends on the speed when you’re number 90,000 in line (i.e. there’s three months ahead of you.) Once they’re processing people who applied 3 months ahead of you, you have a pretty good idea of how long you’ll have to wait based on how long it took them to process that month. Sometimes it takes 2 months to process a month. Other times less than a month. Usually somewhere in between. Theres also the embassy factor, but that’s a lot harder to predict than the USCIS I-130 times. All-in, people should expect 18-24 months depending on the embassy. At least for now, though, USCIS has been speeding up, so at least that stage isn’t seeing further delays.

It’s actually gotten faster recently. Seeing approvals from late December 2023 so 14-15 months now.

Currently they’re processing late December 2023. It’ll probably be 4-8 weeks more for you.

A Filipino TIN is not the same as an ITIN issued by the IRS (IRS link.) You cannot file U.S. government Its usually worry the money to file MFJ, but not required. If she does not have an IRS mentioned ITIN already you will need to paper file (see my original comment.) I think the best course would be for you to: 1) file an extension now (will need to be paper if your wife doesn’t have an IRS issued ITIN.) 2) find a CPA with experience in these issues who can walk you through what’s needed and give you the best advice for your situation. It’ll likely be after 4/15 at this point, hence the need for an extension.

Main impact MFS has vs. single is that you get extra taxes on investment income and social security after $125kish. Can’t claim certain credits as well, but that wouldn’t really be applicable in most immigrant situations. Also can have some weird impacts in community property states. You can always go back and amend as needed. But in this case OP’s wife already has an ITIN, so MFJ is the objectively best tax status and none of the annoying bits that come with applying for an ITIN apply to them (processing times are currently around 2 months for an ITIN, fwiw, so 999… isn’t really advisable these days.) @BeefedRamen: something I forgot to mention is that both you and your wife will need to sign a declaration electing to file jointly as an NRA spouse (IRS website with info). You can draft the letter, she can print and wet sign then scan to you and you can do the same. If e-Filing the accountant will upload it with the return so both being wet on the paper that’s sent in shouldn’t be an issue since it’s a scan anyway.

It gets sent to NVC, where your spouse will apply for a visa online using form DS-260, and you’ll fill out the sponsorship form (I-864) among other things. Once they review and determine all the documents are in order, they hold it until a spot opens up to interview in Mumbai, which can take a very long time.

This is not true. By electing to file MFJ any foreign spousal income worldwide must be reported and taxed. Gifts are not income for the recipient; but anything earned overseas from a job, business, or investments is. You still end up paying less in the overwhelming majority of cases because of how tax brackets work, but the U.S. taxes on worldwide income and making the election to treat a foreign spouse as a tax resident under the IRC, you forfeit the ability to use the foreign earned income exclusion. My husband pays more in U.S. taxes than he does in Chilean taxes on paper, but he actually pays nothing in U.S. taxes and I pay $4k less by our decision to treat him as a tax resident that I would if I filed MFS/single.

FBAR usually isn’t applicable to NRA spouses electing to be treated as tax residents from my understanding, but yes, very good point. You want someone who knows this stuff and isn’t giving you their best guess. Edit: ignore me, I’m also replying on the other tax thread active right now and forgot that this was related to someone already in the U.S., for whom FBAR is much more of a concern.

Filing an extension is free and if you owe nothing or are owed a refund there’s none of the penalties you describe apply. Those only apply if you don’t pay any tax due when you apply for the extension. Also the failure to file penalty would never apply to someone who files an extension. The whole point of the extension is to avoid it. If you anticipate owing and you file an extension and pay the amount you owe, you are also not charged any of the interest. An extension is simply an extension of time to file, not time to pay. It hurts nothing requesting one, is free and easy to do, and if they can file by 4/15 it has no impact on anything. If they don’t file by 4/15, it’s on record they plan to file by 10/15. Also it is not a great idea for someone who is doing first year MFJ with a foreign spouse to DIY it. The reason for an extension is it gives OP time to find a CPA and gives the CPA time to prepare.

Yeah; once someones income is solely from one jurisdiction and they don’t have any business income, it really doesn’t make sense to hire someone as any of the free softwares will do the exact same thing as a CPA or HR Block, and you’re more or less paying for data entry at that point. Reason I say people with multi-jurisdiction issues should hire a professional is that it’s really easy to over-claim credits in this area and also really easy to overpay. Neither is great, but overclaiming credits and underpaying is what you really want to avoid. As an example: my husband pays Chilean property taxes. Those aren’t eligible for the credit as foreign taxes since only foreign income tax is deductible and his contributions to the local pension plan aren’t qualified retirement contributions since it’s not a U.S.-plan. Multi-state in the U.S. has a lot of similar issues. Unless someone deals with stuff like that regularly or knows how to research it; there’s a very real risk that the numbers they’re inputting to the software are wrong. I have a a stronger professional background in this than most, and I still prefer someone who specializes in individual income tax do mine since I have multi-state, rental, and now foreign income.

That makes it much easier. You all can e-file so no need for paper. I would still file an extension request now, which you can do for free electronically using your preferred tax software since she has an ITIN (TurboTax, FreeTaxUSA, TaxAct, etc.) If you end up not needing it, it doesn’t hurt, and good to have on record if you do need it. Check state laws to see if you’d need to file an additional one in the state or if it’s automatic with the federal one. My recommendation is still to get a CPA with experience in foreign tax issues to prepare the return rather than DIY it. It’s possible to do on your own but anytime multiple tax jurisdictions are involved it is easy to make mistakes and claim too much or too little. It’ll cost more to prepare the return, but given your fact pattern you’ll probably more than make it up by paying less under the new filing status.

A lot of questions here so I’ll try to answer them all: 1) If you have not already, file an extension (if you go down the joint path, will need to be paper extension since she’s an NRA.) Whatever your decision unlikely to be able to file in the next 12 days since this is probably something you’d want to hire a CPA for. 2) Any evidence of financial commingling is a good thing, but USCIS and the State Department realize that MFJ isn’t always practical for people in this situation. 3) Gifts are never taxable to the recipient; there’s forms you have to file if it’s over a certain amount as a giver, but unless it’s over ~$13M in a lifetime it’s not taxable. These forms go away if you’re MFJ, since you’re just moving cash around between spouses on the same 1040. 4) Biggest downside is you have to paper file the first year before getting an ITIN and send in her passport or a certified copy or do it with a certified acceptance agent. Since she won’t be in the U.S. to physically sign it sounds like, you’d need to get her to sign form 2848 and fax it to the IRS/send you a copy as well that you can both fax and include with the form authorizing you to sign on her behalf. We are filing jointly this year, and will do it when he’s in the U.S. at the end of April. The tax benefits of MFJ when there’s a large income disparity usually make it worth the hassle, but you can always file to amend later.

Yes. You can use FreeTaxUSA to file; then check your IRS account for transcripts in a few days. The last few years were very fast on e-File to transcript conversion (a few days), but the official timeline is 2-3 weeks. If the transcripts don’t appear you can just upload the PDF copy of your 1040 with $1 of interest income as proof of filing. I might also print off the confirmation page from FreeTaxUSA as well. How you prefer to handle this is up to you, but it would take you 30 minutes or less to just file the back year returns declaring $1 of interest and it’s free. If the software asks for a bank name just type in “Declaring to file” or something like that. This is the normal workaround for people with no income who want to file for whatever reason. If you haven’t gotten the interview date yet and the State Department is giving you trouble with multiple requests for your explanation for not filing, I’d just do it today since it’s super quick and easy to do and free, plus you wouldn’t owe anything. Your call, though. My thought process is the path of least resistance is usually to do something that’s easy rather than explain why you’re not required to do it. Even in cases like yours where you’re correct that there’s not a requirement.

One thing to keep in mind if you’re still getting any content from Chile is that in my experience the media down there overplays any risk of losing access to VWP or Chileans getting turned away. The main reason there’s an increase in turning Chileans away is they’ve started enforcing the no-travel-to-Cuba on ESTA policy before ESTA renewal instead of just waiting for it to expire and non-renew. Know that there’s also the type of activity in the NYT story you linked to, but that appears to be fairly targeted to people who are already on their radar for stuff related to academic protests, etc. which is still scary and a bad thing in my opinion, but also doesn’t impact most people crossing.