biggish data

About File Tax For 2012 Together With Wife Still Oversea

My wife lives in HCMC and we are going thru the same process - go to the Consulate, pay a $50 fee and obtain a certified copy. Darnell thanks for the reminders about the W-7 and 1040. I am used to filing electronically but this year (because of the need to obtain an ITIN for her) I'll have to create everything electronically and file all of the paper - I need to remember to get her wet signature on the forms. So much for paperwork reduction...

JRF

Male

Vietnam

2013-02-02 20:59:00

Quicker I-130 Approval?

Great information! It makes sense...how difficult could it be to adjudicate the form itself. Fifteen minutes would make sense.

Having an unusual name clearly would make the background check faster. Other than that I suppose it's luck, since I don't think you can successfully argue the process is well managed.

I appreciate that the OP wants to help others. I only filed an I-130 and we were approved in 27 days (NOA1-NOA2). There is another thread on this site where an ex-uscis adjudicator talks about the process. It actually only takes 15 minutes or so to adjudicate your case. But there are background checks and other checks and some people with common names like, John Smith, might get a "hit" on the background checks. It just has to do with Odds. The more people who have a name like yours the greater the chance that one is a criminal. It's little things like that.

JRF

Male

Vietnam

2013-04-02 11:15:00

Can Port-of-Entry be different?

I live in Orange County so when my wife enters the US at LAX she won't have to take a connecting flight but if she did I'd meet her. Aside from being excited to see her LAX is about the worst airport in the world, and to go from the Tom Bradley terminal to any connecting domestic flight isn't easy. After such a long wait I'd hate to end up losing her somewhere on the airport grounds...

JRF

Male

Vietnam

2013-04-15 14:11:00

Cr-1 application

Regarding names and name changes, the custom in Vietnam is for the woman to keep her married name. My wife will change her name but not until she gets to the US. We are doing this for practical reasons (not the least of which it would require us to change a bunch of documents, both in VN as well as visa-related).

This seems like the best approach in Vietnam, but maybe not elsewhere. At a minimum keeping her maiden name until she leaves VN will prevent having to get a new ID card, updates to the household book (maybe, not sure), etc. I'd rather go thru the pain of changing her green card when she is here versus having to change a bunch of documents now.

JRF

Male

Vietnam

2013-05-29 18:18:00

HELP!~ Interview scheduled but no civil documents

I have had the same concern so what we will do, wherever possible, is have two certified copies of the original, which I believe are acceptable evidence (for example, birth certificates, divorce decrees, marriage license, etc.). We will send the original (or certified copy) to NVC and take another with us to the interview.

Aside from taking the advice of other posters (call NVC) about all we can do is be flexible...and spend a few more $ on official stamps, copies, etc.

JRF

Male

Vietnam

2013-06-05 08:49:00

Arriving at Port of Entry...

I can't speak to the wait times as an immigrant but having entered through LAX many times as a citizen the wait is often in customs. Bags can take forever to arrive and then the line to get thru customs can also take a long time. A great investment was the Global Entry program - quick through immigration via a Kiosk and expedited customs lines...well worth the cost of applying!

Edited by JRF, 10 June 2013 - 10:57 PM.

JRF

Male

Vietnam

2013-06-10 22:57:00

Evidence collection

You should constantly be collecting evidence - never stop! We haven't slowed down and won't until she gets the visa. It doesn't cost us anything to collect documents and I'd hate being told we needed more evidence when it was so easy to keep.

JRF

Male

Vietnam

2013-05-29 18:12:00

NVC occupation / tax records

You are technically only required to provide 2012. You can provide 2011 if you wish but it is not required. I don't think you need to worry about 2010.

My advice regarding job title is be consistent. You may be worried that the title understates the importance (and therefore earnings power) of what you do - just my guess. What really matters however is your AGI as reported to the IRS, documented by a tax transcript (available for free from the IRS). Therefore to avoid any confusion my advice is to be consistent. See what others think.

JRF

Male

Vietnam

2013-06-24 20:43:00

Marriage by Proxy Can You do this and How???

Ah, the fun you could have with proving consummated. Somehow I think true pictorial evidence would cause issues.

I am curious however how someone could apply for a K-1 visa if they are already married.

JRF

Male

Vietnam

2013-06-28 12:28:00

Non-filing Tax situation

I would recommend filing form 4506T - costs you nothing and prevents a delay in the event some sort of substantiation (independent) of your non-filing status is requested. My rule of thumb is if the cost is minimal (in this case free) and you have the time it's better to have more than less.

JRF

Male

Vietnam

2013-07-01 13:00:00

Submitting I-130 the next day of marriage

I submitted my original I130 within a week with no issues. Application of common sense would imply that most marriages / merging of households are planned events.

Agree - you hope that this is all well planned, both the marriage and the decision to immigrate.

JRF

Male

Vietnam

2013-07-06 08:52:00

G-325A Question

I agree you need to list both. Is she registered as living in the temporary address (i.e. her HH book)? The reason I ask is the police check needs to cover all addresses at which she has lived since age 16. I am not an expert in VN law but my understanding is you need to register (ie HH book) your address with the local authorities. So...I wonder if she will have problems if she goes to get a police check for an address for which she has not registered.

I honestly don't know. Probably a good idea to ask around.

JRF

Male

Vietnam

2013-07-08 21:42:00

Did anyone translate a foreign address into English?

This is a rural address, right? For an address in HCM I alway use English (ie Ward and District and not Phuong and Quan) unless I am shipping to VN when I use Vietnamese.

My recommendation would be to use English on the US forms wherever possible (i.e. Hamlet and Commune vs. their VN counterparts).

JRF

Male

Vietnam

2013-07-09 23:57:00

I-130 question

Tough call...but my sense is you want to use the temporary address so it aligns with where she goes to school or works. This will require a police check covering both provinces so need to be careful she doesn't run into problems on the VN side. PM me if you want more info.

JRF

Male

Vietnam

2013-07-10 23:03:00

Birth Certificate question

I wasn't aware the certified copy is only valid for six months but assuming that is correct why not order it several months after the NOA1? Assume it will take four months for the NOA2 this means you will have your copy just before you get your NOA2 (assuming no delay). Then, assuming no significant delay in getting the file over to NVC you should be fine...

JRF

Male

Vietnam

2013-07-15 22:45:00

traveling to see spouse

Besides...being together is fun and good for a marriage. Go and enjoy!

JRF

Male

Vietnam

2013-07-27 20:57:00

Approved I-130 Not Sent to NVC - Assistance Requested

Epilogue for this section of the journey. I called NVC and they confirmed our file was received on 6 August - after being sent from USCIS on 2 August. Now to follow-up on case number, etc. etc.

Best of luck to all and be persistent, proactive and take good notes!

JRF

Male

Vietnam

2013-08-07 18:47:00

Approved I-130 Not Sent to NVC - Assistance Requested

Update...the email that I sent to Donald Neufeld, Robert Cowan and Lori Scialabba (the assistant director, I cc'd her to get people's attention) got immediate results. Cowan sent the email to a number of other people with instructions to figure it out, fix it, and get back to me. A couple of hours later I received an email from USCIS stating a check of their systems revealed our file was sent to NVC today. Imagine that. What an incredible coincidence.

I will call NVC daily starting next Wednesday or Thursday until I confirm receipt and get a case number. This whole episode has really confirmed the truth of the Russian proverb Trust but Verify.

I stopped by my congressman's office on the way home from work (before I got this email) to ask them to contact USCIS. I am likely to let them do their thing and confirm this for me. I would call USCIS but I am tired of being on hold for two hours waiting for a tier II officer.

Off to the gym to hit the heavy bag...

JRF

Male

Vietnam

2013-08-02 16:48:00

Approved I-130 Not Sent to NVC - Assistance Requested

Thanks - I had one appointment and have another already scheduled. You are likely right that the benefit is limited to making me feel like I am doing something whereas in reality absent divine intervention (or a really talented and connected congressional liaison) it comes down to a combination of luck and persistence. Things don't go wrong often (they have a massive volume of files) but when they do they seem to go really wrong.

JRF

Male

Vietnam

2013-08-02 09:02:00

Approved I-130 Not Sent to NVC - Assistance Requested

Thanks - I spoke with Barbara Boxer's office and was told they are swamped and not taking any more immigrant visa requests. Thanks @Ning for the feedback on Feinstein's office. Sounds about right to me...sadly.

I will contact my congressman's (John Campbell) office tomorrow. I've also sent an email to NVCresearch. I will try USCIS again tomorrow and see if I can get a tier 2 that takes a bit more time to help me. I will ask about the barcode (thanks @Ning!).

Appreciate everyone's help and support. Once I get this resolved (and I am confident it will get resolved) I will post details as to what I did and what I think worked.

JRF

Male

Vietnam

2013-08-01 20:45:00

Approved I-130 Not Sent to NVC - Assistance Requested

Will do - thank you for your help!

JRF

Male

Vietnam

2013-08-01 18:51:00

Approved I-130 Not Sent to NVC - Assistance Requested

Thanks - I completed the form and was sent an automated email confirming receipt. I will contact Diane Feinstein's office tomorrow to get that moving.

JRF

Male

Vietnam

2013-08-01 18:27:00

Approved I-130 Not Sent to NVC - Assistance Requested

Hello

Our petition was approved by USCIS on May 29, 2013. The file has not yet been sent to NVC and I am running out of things to do in order to resolve this situation.

I filed a complaint (on July 10) with the USCIS ombudsman (no response received). I received an email from USCIS on July 18th saying the file was sent to NVC. I subsequently learned otherwise during calls and my trip to the LA field office on July 24th. During my visit I was told the I-130 unit supervisor would contact me when the file was sent to USCIS. This has not yet occurred (as of August 1).

Today (August 1) after calling NVC and learning they had not received the file I called USCIS. The first time around the tier 2 officer (to whom I was transferred after waiting 2 hours) was rude and in attempting to transfer me to her supervisor (it worked before) I was disconnected. Talk about frustrating - all I could do was take a deep breath and call back.

While waiting on hold again (I've been on the phone since noon and it's four PM) I sent an email to Robert Cowan and Donald Neufeld at USCIS. I read another posting on VJ where the petitioner did this and it got them results.

Can anyone help? With the transfer of files to field offices I knew the process would be chaotic. This is beyond chaotic - it's surreal and in a bad way.

Thanks much!

Jim

I am in the process of contacting my congressman (John Campbell).

Edited by JRF, 01 August 2013 - 06:09 PM.

JRF

Male

Vietnam

2013-08-01 18:01:00

Unable to obtain police certificates for NVC-Please Help!

I do not have a problem waiting. It's waiting in limbo without any solutions that is horrible. If these documents were easy to obtain, then I would have no reason to say anything. When dealing with corrupt countries like India and Thailand where making up the rules is the norm, it can be impossible to navigate around these obstacles especially when I get such limited vacation time off to travel with my husband and attempt to take care of these problems.

You are very quick to judge me despite not knowing the obstacles I have already faced. When we got married, the official in charge wouldn't even look at our documentation. We still have not been able to register our marriage, something that is considered compulsory in India now. But you cannot force the hand of corrupt officials. We were able to counter with evidence but it took months of gathering information. This was over the course of 6 months PRIOR to even submitting our I-130. I am trying to do the same thing with our missing documents now.

Yes I was lucky in that our I-130 was approved extremely quickly. But I would hardly call our visa journey normal. It has been the journey from hell. My husband and I have spent 4 years on separate continents.
Again, it's not the waiting. I can wait. If this long separation has taught me anything, it's to be extremely patient.

I am asking for advice not for criticism. I get enough negativity from people around me who do not understand anything nor care to understand anything about my visa journey.
This is the only place I can find competent people with real world experience who can assist me with visa related questions. I am simply a woman desperate to be with the man I love so dearly.

And I wish you the best of luck - so much of what happens is outside of our control. We've dealt with the same sort of issues (people asking for money, rules made up by individuals, uncertain where things stand). That said the countries you are dealing, particularly India, are bad for this sort of issue.

I can only describe my real world experience trying to obtain a visa so I can be with the woman I love. I apologize if I offended.

JRF

Male

Vietnam

2013-08-07 23:43:00

Unable to obtain police certificates for NVC-Please Help!

With all due respect many of us must wait due to circumstances beyond our control. Looking at your timeline you've moved very rapidly - must faster than many. I understand the frustration and pain of waiting but it is what we all took on in the journey.

JRF

Male

Vietnam

2013-08-07 22:46:00

Looks good to me - more than enough evidence for USCIS. Good luck and get it mailed!

JRF

Male

Vietnam

2013-08-13 21:35:00

Jim - Did you do a timeline of your relationship at the I-130 stage for the USCIS?

We prepared one but I don't remember submitting it to USCIS. It's not really necessary at this point as what they are focusing on is whether you are able to be married (i.e. looking for divorce decrees, etc.) as well as checking your background. The timeline is important for the consular officer.

JRF

Male

Vietnam

2013-08-12 22:20:00

My understanding is that they do not need to be notarized. If you think about it all that does is certify the person's signature, not that their translation is accurate. They do however need to be accompanied by a statement that the individual doing the translation is competent and that the translation is valid. I had most of mine translated by co-workers - we had some translated in Vietnam (cost was minimal). We've gotten thru USCIS and I don't forsee any problems with the consulate in HCM.

JRF

Male

Vietnam

2013-08-12 20:52:00

Not a problem on the birth certificate...I didn't make a copy of the back...no issues.

Regarding pictures - I copied the pictures into MS Powerpoint and added text boxes at the bottom of each providing names, dates and locations of the pictures (left to right on the names). My handwriting is really bad. I fit anywhere from 2-4 per page and submitted 30. These were B&W.

Original pictures will be taken to the interview.

JRF

Male

Vietnam

2013-08-12 09:20:00

I did ran into this situation this year income tax return few moth ago! I was applied ITIN for my wife and my daughter! I did followed W-7 instruction for ITIN application! I end up delay my paper work for my wife interview because I could get tax return for 2012 into IRS system!

Instruction ask to submit passport for my wife which issue by Vietnam's government!

For my daughter only 5 months at the time! They said I can submit civil's birth certificate and hospital record!

I wait for 6 weeks later they send letter saying that it doesn't meet IRS Criteria! I have to recognize by the Depart of State Which is impossible unless the Visa had approved!

I end up file married/file separate!

For my wife social security, I put NRA in social security column and got accepted!

You can try to apply for ITIN Form W-7!

Wish Best Of Luck!

I sent the IRS a copy of my wife's passport and they accepted it as proof and issued the ITIN. It was a bit of a pain having to mail the return and application to VN for her signature, having her mail it back, but again it was worth it for the reduction in taxes filing joint. My children from a prior marriage are USC and I have the appropriate documentation from the divorce decree (and signed IRS form from my ex-wife) so I don't have any issues listing them as dependents. I can see how having to chase the paper for a 5-month old baby would be a real hassle.

JRF

Male

Vietnam

2013-09-20 08:12:00

or

Have the W-7 form from your wife, her ID (per the W-7 instructions) , a completed 1040 signed by both of you, and a cover letter informing the IRS that the two of you are ELECTING for her to be considered a resident alien for tax purposes,

and then

send it in to the ITIN intake address listed in the W-7 instructions.

That's really the only way to get an ITIN these days - must to file a tax return to the special ITIN intake address in Austin TX

and

it must be a paper return. TurboTax will barf on the first year, first attempt. Second years and subsequent years are fine, but for FIRST YEAR? Impossible to use TurboTax and

ITIN CHASING requires a paper return into that special IRS office in Austin, TX

Drats - I wasn't going to list the steps here, but with someone writing the WRONG procedures, I feel obligated to actually list the stuff. grrrrrrrrrrrrr.

Yup...I used Turbotax to create the 1040 and printed/mailed it with the ITIN application to Austin. Piece of cake. I mention Turbotax because it makes calculating the tax due (or refund due) easier, particularly if you have a complicated return with a bunch of supporting schedules, etc.

JRF

Male

Vietnam

2013-09-20 08:01:00

I've done some research into this but was still a little confused. My wife is unemployed and still a citizen of Vietnam, so I wasn't sure if we'd qualify to file as "married filing jointly". I may consult an account this year just to be safe.

I wouldn't discourage you from consulting a tax expert but assuming you have a straightforward return I'd recommend obtaining an ITIN for your wife and then drop in all of your information to Turbotax and seeing which approach (separate or joint) results in the lower tax. If your wife is unemployed (no income) it's likely the joint approach is better.

You can qualify as married/joint if she is a citizen and resident of VN with no earned income in the US. Check out the IRS website for more information.

JRF

Male

Vietnam

2013-09-20 00:57:00

Either works...married separate or joint. Suggest you run the numbers both ways to see which results in a lower tax liability. My wife is in VN and we filed married/joint for tax year 2012. They don't have W2s in VN so I provided a report that showed her salary for the year. So far (knock on wood) the IRS hasn't requested additional detail.

The net reduction in tax liability for us was significant filing in this manner. It was a bit of a pain in that I had to file for the ITIN and submit a paper return to both the Feds and CA. That said it was well worth the time given the tax savings.

JRF

Male

Vietnam

2013-09-19 20:16:00

NOW THIS IS VERY CONFUSING

Curious on the timing...you entered the US in October of 2006 and your divorce was final in January of 2007, and you remarried the next month? I was under the impression divorces take a minimum of six months to be final (depends upon the state). Also, the fact that you remarried a month after divorce and four months after entering the US would, to my thinking, raise questions.

JRF

Male

Vietnam

2013-10-08 20:23:00

Nervous about proof of relationship

Sounds like you have sufficient evidence. Paternity test probably not a bad idea if you can swing it but you seem to have plenty of other evidence.

JRF

Male

Vietnam

2013-11-10 09:51:00

pregnancy

I'm wondering why people even attempt to help people who are so utterly rude. I'm thinking troll.

I agree...I am seeing more and more posts that scream troll...repeated inflammatory questions and statements...clearly baiting.

That said reading these posts reminds me of Jerry Springer...anyone remember him?

JRF

Male

Vietnam

2013-11-20 23:36:00

Mailing I-130 Package

Okay, I'm just about ready to mail my I-130 Package. It is 170 pages and weighs almost 3 pounds. Should I mail it in a box? Or is there a special heavy duty envelope I can use?

Seems you took front-loading seriously! I don't want to say it's too much...I don't know your situation and circumstances. For sure they'll be talking about you in the mailroom.

I suggest you use a heavy-duty envelope as opposed to a box, assuming it fits. Easier to open than cutting apart a box. Fed Ex (Kinkos) can help you out.

Edited by JRF, 24 November 2013 - 01:43 PM.

JRF

Male

Vietnam

2013-11-24 13:38:00

Problems with I-130

That's true. Well, I guess we really have no choice but to wait and hope for the best.

Actually, you can and are doing more than that...keeping up to speed on what others encounter and generally staying on top of your petition. And yes, waiting and hoping for the best. Good luck!

JRF

Male

Vietnam

2013-12-02 22:27:00

About to start the process.

Boarding passes and copies of your passport with stamps are also excellent ways of demonstrating you visited your soon to be wife in the DR. Don't forget copies of the marriage certificate (including valid translation into English). Lastly, be prepared to provide proof of ability to marry (both single, with certified copies of divorce judgements if relevant).

Three trips with documentation should be plenty - check out the timelines, etc. on VJ for more guidance.

Best of luck!

JRF

Male

Vietnam

2013-12-25 13:51:00