NVC Filers - March 2014

[Smoochies2011 19]

Can Saylin or someone else please answer my question on tax return?

My wife went who is a US citizen went to tax firm to get her taxes done. She was going to file "Married - Filing separately" so we don't have to get ITIN number for me. But at tax firm they told her she will need to file W7 and apply for ITIN even if she files married but filing separately since it won't allow them to proceed with her return w/o my ss number.

She hasn't sent her return yet, but my question is do we really have to apply for ITIN number even if she wants to file married filing separately? or can we just write NRA by hand on her tax return and send it? I am afraid I won't get my certified copy of passport before tax return is due.

hmm this is weird Ik this is not helpful but if u read Saylin's guide it clearly says MFS s the easiest because u don't have to fill a w7 since she's not claiming u and u are a non resident alien \ here I copy wat the guide says ! my husband filled as singles because he thought it was right since i wasn't there (NO SENSE BUT U KNO HOW MEN ARE stubborn) and now he has to amend it

Filing MFS will probably be the easiest for most people as it doesn't require any extra documents from the foreign spouse, nor does it require their signature. 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. That is all you have to do. (And if desired, once the spouse has immigrated to the US and has obtained a SSN, the petitioner can then amend their tax return to MFJ, to possibly get a bigger refund, but this isn't required.) Filing MFJ will typically mean a bigger refund up front, with no need to amend. This route takes a little more work though as the beneficiary will have to fill out a W7 (available on the IRS site), which requires a signature, and include document(s), so they can obtain a ITIN (it's like a SSN, but for the sole purpose of filing taxes, and is available for those not currently living in the US). This would then be included with the tax return, and sent to a special address for ITIN generation. For most countries, it may be hard to get the needed documents. (For Canada, it was uber easy, and this is how my husband did his taxes while I was still in Canada, waiting for my interview). Please view the instructions for the W7 form on the IRS website to see what documents will be needed. For more information, please read this page on IRS's website here [31].

[all about immi 0]

Hi Saylin,

My husband fill out DS-260 a visa application online, on the application there is SURNAMES, and GIVEN NAMES. According to Indian passport, give name is 1st name and middle name. However, He entered only my 1st name and no middle in ds260 form.
He already SIGN AND SUBMITTED it, so at this time there are no posibilities that we can edit it, i just wanted to know if he did it wrong? and if it is. Is there other any posibilities that he can change it on his interview day??

[Fabian&Rossy 120]

...minimize the delay...at this point....

after all the waiting...express ship the correction with the bar-coded cover sheet...minimal delay

be proactive and send the corrected form before getting any checklist.

That's the rule of the game. We are trying to beat the system as fast as we can!

I did the I-864 but used 1040 and not 1040EZ so I realize I should have put the total income instead of adjusted gross income. Yup, I am going to send a corrected form again before I get a checklist.

Thanks!

I just think he put the wrong figure because I remembered him mentioning the AGI he got from 1040. Though, I will talk to my husband and ask him if the total income and the adjusted gross income are the same. (Hoping!) But anyway, thank you so much for your smart advise!

Hey guys,

Just in case, I was able to find the post from Nobby7 back in February where he explained what the NVC rep. told him. Good Luck!

[...] I just called the NVC to see if my original AOS package was scanned, still has not been. I asked him also about how I realized I made a mistake by using "adjusted gross income" instead of "total income", and I got the "answer I wanted to hear".

This guy was pretty detailed... he told me that I could either wait for a checklist or go ahead and submit the I-864 alone. He told me that they would first review my initial AOS package, and if I indeed entered the wrong info, they would send me an email with a checklist. THEN, they would review my next submission and find that I had already corrected it, and they then would send me an updated email confirming my package (if there is no additional checklist needed). He also reminded me to send the bar-coded cover sheet if I were to send the I-864 again.

His response gave me peace of mind, so I've decided to go ahead and resend my I-864, understanding that there could be anything else that could be checklisted. I figure that if for any reason I have something else that will be checklisted, then it would've happened whether I sent another I-864 or not

I wanted to share because I realize I'm not the only who has made this mistake, or maybe I can help others avoid stressing themselves out like I'm doing to myself!!

By Nobby7, 12 February 2014 - 04:52 PM.

Edited March 30, 2014 by Fabian&Rossy

[waiting_______ 92]

Since I have income from selling of stocks, which is not shown in W2, but reflected on 1099, does it mean I should use 864 instead of 864EZ?

Part-1, question b on 864-EZ is not very clear:

{

b. I am only using only my own earned or retirement income, which is documented using IRS Form W-2.

}

My answer is "Yes" to the first part: I am only using only my own earned or retirement income; but the sales of stocks is not reported on W2; though it is reported on 1040.

Is it safe to just use 864?

This is getting more complex than it should.

Thanks.

I used 864ez and I had other incomes (capital gains, dividends, interest, state tax return) other than W2s, it was approved just recently.

There was a discussion around this on another thread and similar doubts as yours were discussed.

http://www.visajourney.com/forums/topic/468842-i864ez-most-income-from-w2-and-small-self-employment-income/page-3

[Smoochies2011 19]

Hello All!

I received via email AOS checklist yesterday and I just came across I-864EZ, i was wondering if I can submit this instead of the I864? I make well above the poverty guidelines but filed taxes jointly. So, in Part 18, My current individual income--should I answer what reflects in my W2? or the adjusted gross income filed in form 1040? Also, do I have to resubmit all evidence again?

Lastly, my father was on a working visa to work in Saudi Arabia for 2003-2006 and Qatar from 2006-2008. Does this mean I have to obtain Qatar police certificate before submitting IV documents or can my father just provide this on the day of the interview?

Appreciate all of your responses.

read this it tells u how the whole process goes i know it doesn't answer all ur question but u can do some research on NVC website and USCIS FORMS WEBSITE http://www.visajourney.com/wiki/index.php/NVC_Process

[waiting_______ 92]

You can't use I-864EZ since not all the three conditions apply to you.

I-864 is the form you need to file.

There was confusion around this and differing opinions were offered by senior members on VJ. However, I used the 864ez form and had no issue. My AOS section as been reviewed and accepted.

http://www.visajourney.com/forums/topic/468842-i864ez-most-income-from-w2-and-small-self-employment-income/page-3

[Smoochies2011 19]

btw I am not giving anyone an exact answer so do some more googling! here I see a lot of people over asking questions that are more than clear in the guide ! no offense but it doesn't hurt to do some research

[LoveMyTico 999]

He said it was free.

I thought my husband said its like $30. Free is better lol

[Changnoi 410]

hmm this is weird Ik this is not helpful but if u read Saylin's guide it clearly says MFS s the easiest because u don't have to fill a w7 since she's not claiming u and u are a non resident alien \ here I copy wat the guide says ! my husband filled as singles because he thought it was right since i wasn't there (NO SENSE BUT U KNO HOW MEN ARE stubborn) and now he has to amend it

Filing MFS will probably be the easiest for most people as it doesn't require any extra documents from the foreign spouse, nor does it require their signature. 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. That is all you have to do. (And if desired, once the spouse has immigrated to the US and has obtained a SSN, the petitioner can then amend their tax return to MFJ, to possibly get a bigger refund, but this isn't required.) Filing MFJ will typically mean a bigger refund up front, with no need to amend. This route takes a little more work though as the beneficiary will have to fill out a W7 (available on the IRS site), which requires a signature, and include document(s), so they can obtain a ITIN (it's like a SSN, but for the sole purpose of filing taxes, and is available for those not currently living in the US). This would then be included with the tax return, and sent to a special address for ITIN generation. For most countries, it may be hard to get the needed documents. (For Canada, it was uber easy, and this is how my husband did his taxes while I was still in Canada, waiting for my interview). Please view the instructions for the W7 form on the IRS website to see what documents will be needed. For more information, please read this page on IRS's website here [31].

The easy path...file a return.. or amend a return.....MFS...where the SSN goes...put NRA....Non-Resident-Alien....

The Beneficiary NRA does not have to sign a return or file a return using this route...

The W-7 path to obtain ITIN is 6 - 8 weeks and involves obtaining a "certified true copy" of Beneficiary passport....embassy trip...

before you can begin this process....Many accountants software will automatically put "applied for" and they send in

the return with the W-7....to a different IRS address.....feels good for the moment but you will still have to provide

the required documentation down the road to have the ITIN generated and the return processed......big delay....

If you still want to go this route find a CAA....please see IRS quote below for more information on this path

Acceptance Agents (AAs) are persons (individuals or entities (colleges, financial institutions, accounting firms, etc.)

who have entered into formal agreements with the IRS that permit them to assist applicants in obtaining ITINs.

Certifying Acceptance Agents (CAAs) are individuals or entities who assume a greater responsibility.

They are also authorized to verify the applicant’s claim of “identity” and “foreign status”

through a review of appropriate documentation, as well as verifying the authenticity,

accuracy and completeness of the supporting documentation. In addition, once the ITIN is issued,

the CAA receives the applicant’s number directly from IRS.

Edited March 30, 2014 by Changnoi

[Saylin 1,605]

Hey VJ family

Question: If I have a joint sponsor (i.e. my father in law and mother in law who files jointly) what AOS forms do they fill up? I am helping a friend and she need our help.

Petitioner: I-864

Main joint sponsor: I-864

Joint sponsor's spouse: I-864A

Combination Vaccine for:

Tetanus Diphtheria (Td)

Tetanus Diphtheria Pertussis

An initial series of three immunizations, which are normally received in childhood at ages 2, 4 and 6 months and a booster immunization within the last 10 years must be documented.

or

If you have no proof of a primary series you must begin an adult series of TWO doses of Td 4 to 8 weeks apart with a third dose 6 to 12 months after the second. You must be as up-to-date as possible with your series at the time of your immigration medical.

or

You must have proof of a Td booster within the 4 weeks prior to your immigration medical.

or

An antibody titers blood test showing proof of immunity to tetanus and diphtheria.

MMR Combination Vaccine for:

Mumps

Measles

German Measles (Rubella)

If you were born in 1957 or later you must show proof of immunization for mumps, measles and German measles.

or

An antibody titers blood test showing proof of immunity to MMR (mumps/measles/rubella).

or

You must receive an immunization for MMR.

Chickenpox (Varicella) A verbal declaration of chickenpox.

or Proof of immunization against chickenpox. Normally two immunizations 4 to 8 weeks apart or the first of the two within the 4 weeks prior to your immigration medical examination.

or

An antibody titers blood test showing proof of immunity to chickenpox (varicella).

Hepatitis B For ages 18 and under.

Influenza Required for everyone over 6 months of age.

Meningococcal (Menjugate) Required for children age 11 to 18 years.

i found this on his age and his over 18 i think he need to have those vaccines

1.Chickenpox (Varicella)

2.Influenza

Combination Vaccine for:

3.Tetanus Diphtheria (Td)

4.Tetanus Diphtheria Pertussis

MMR Combination Vaccine for:

5.Mumps

6.Measles

7.German Measles (Rubella

please tell me if i am right or worng?

and what is Chickenpox (Varicella does he have to take them twice ?

thank you Saylin for reply!!!!

No need to copy and paste the website; I know what it says

And yes, if he's over 18, then those are the vaccines required.

And chickenpox is chickenpox. Most people get it when they're young. If he's had it, then that's it. As it states on their website, they'll take a verbal declaration (no documentation needed). If he's never had chickenpox, then he'll have to get the Varicella vaccine.

Thank you Saylin, i made it you're priceless!!! My husband is little down from canceling the K3, now I'm the one that must be strong. Because I never called before who should I rich for, i saw you mentioning supervisors? Give me some hints, thank you

The first person that answers (an operator) will be able to tell you case updates and such. A supervisor is only needed in extreme situations.

Greetings All,

Yet another question regarding EP – I understand that both the AOS and IV packages will have several attached files. Presumably the respective bar-coded cover sheets are included as individual attachments as well? If so, do we expect the below naming format to be acceptable?

MTL##########_FIRSTNAME_LASTNAME_DOCUMENT_COVER_SHEET

Thanks,

P.S. I also echo the sentiment expressed by so many others – This site and more specifically the many individuals who contribute knowledge, time and a myriad of kind words are appreciated beyond measure!!

Yes, that's fine.

Can Saylin or someone else please answer my question on tax return?

My wife went who is a US citizen went to tax firm to get her taxes done. She was going to file "Married - Filing separately" so we don't have to get ITIN number for me. But at tax firm they told her she will need to file W7 and apply for ITIN even if she files married but filing separately since it won't allow them to proceed with her return w/o my ss number.

She hasn't sent her return yet, but my question is do we really have to apply for ITIN number even if she wants to file married filing separately? or can we just write NRA by hand on her tax return and send it? I am afraid I won't get my certified copy of passport before tax return is due.

No, an ITIN is not needed for MFS. But, there's very few online tax programs that will allow you to file as MFS. That's why you need to file a paper return, so you can physically write in 'NRA' in the SSN field. I'd suggest you read the bottom of the wiki I wrote on the NVC process. I have an entire section dedicated to taxes.

In response to our past conversation Saylin, for the record and to correct my past statement, my husband said he submitted the 1040, Sorry! He just got confused and thought I was asking about the actual tax return. Reason why we didn't get checklist for that. Lol

[...]

Ummm....

1040 = actual tax return

Saylin, based on your experiences, where would you recommend I get the police certificate in Montreal? I'm looking at a place at 200 Rene Levesque (close to me), but some say Commissionaires is more "legitimate". Any thoughts? Also, do you happen to know how much the check costs?

O and the non-fingerprint check is okay, right?

Thank you!

If you read my wiki on the EP process, I provide a link to which place I went to. And if you go to my blog, you can read the details there.

And if you were never convicted of any crimes, then you don't need the fingerprint check. Just a name check will suffice.

Hi Saylin,

My husband fill out DS-260 a visa application online, on the application there is SURNAMES, and GIVEN NAMES. According to Indian passport, give name is 1st name and middle name. However, He entered only my 1st name and no middle in ds260 form.

He already SIGN AND SUBMITTED it, so at this time there are no posibilities that we can edit it, i just wanted to know if he did it wrong? and if it is. Is there other any posibilities that he can change it on his interview day??

Not a problem. You can mention it at the interview, but it's not important.

[bellez214 9]

I thought when we use I-864 to file with 1040 , we will use the adjusted gross income

Edited March 30, 2014 by bellez214

[bellez214 9]

Fabian&Rossy is correct guys, please read the instructions carefully:

I-864EZ Instructions:

For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040EZ, the line for adjusted Gross income will be considered.

So, it depends on what IRS form you filed:

Form 1040, 1040A = Total Income

Form 1040EZ = Adjusted Gross Income

This is confusing me. I will read more. I am finalizing our forms to submit this week.

[naam_2013 72]

There was confusion around this and differing opinions were offered by senior members on VJ. However, I used the 864ez form and had no issue. My AOS section as been reviewed and accepted.

http://www.visajourney.com/forums/topic/468842-i864ez-most-income-from-w2-and-small-self-employment-income/page-3

You can't use I-864EZ since not all the three conditions apply to you.

I-864 is the form you need to file.

Good luck!

DearJohn and Waiting__

Thanks to both of you for your prompt expert advice - and both of you have valid data to support it.

But as "pushbrk" said in another thread http://www.visajourney.com/forums/topic/468842-i864ez-most-income-from-w2-and-small-self-employment-income/page-3 about this very issue "Belt and suspenders folks would file the I-864, as you can always use that, no matter how qualified you are to use the EZ version"; I am strongly leaning towards I-864.

Thanks again to both of you.

[rickkant 21]

Well Praise God you made it.... I started tearing up just reading your post...imagining when its my turn...

It was a very nice feeling , Thank You

Right in time for a May interview! Huge Congrats!!

Thank You, yes just in time

Awesome! Congrats to all the case completes - Fridays are good days!

Thank You

Congrats!

Thank You

Congratulations. Best wishes on the upcoming interview.

Thank You

Congratulations!!

Thank You

That's awesome news! Congrats!!

Thank You

Wow! Congrats!

Thank You

[DearJohn 28]

DearJohn and Waiting__

Thanks to both of you for your prompt expert advice - and both of you have valid data to support it.

But as "pushbrk" said in another thread http://www.visajourney.com/forums/topic/468842-i864ez-most-income-from-w2-and-small-self-employment-income/page-3 about this very issue "Belt and suspenders folks would file the I-864, as you can always use that, no matter how qualified you are to use the EZ version"; I am strongly leaning towards I-864.

Thanks again to both of you.

Oh well, I'm not an expert. I saw what they said and I'm glad you find that thread. Once again those instructions are not reliable, just like when they state to leave Blank spaces and then you get a checklist because they want N/A or None I'm learning too, I-864EZ is easier and shorter, so I hope everything goes well for you!