Y0N33 Posted February 25, 2015 Report Share Posted February 25, 2015 Hello folks,I've read a lot comments from you all in the past few days and I just thought I sign up and ask you guys who had been through it or are in one just like me for some tips and suggestions.Here's my story: - I am a US citizen- Married my wife in September 2012- Filed I-130 petition in November 2012- Wife got interviewed in March 2014 and was denied a visa based on INA 221 (g) for fraud and material representation grounds- Received NOIR on November 2014 with a lot discrepancies on their part- Lawyer sent in rebuttal documentations in December 2014- 2/23/2105 Wife got a call from Embassy directly on her cellphone telling her to bring in all related documents for an interview on 5/11/2015. A surprise for us since there's no communication whatsoever from the USCIS to me (the petitioner) via postal mail or email & text notifications that I signed up for and when checking status on their site, nothing has changed since they sent us the NOIR. What do you guys think on this unusual immigration process? 1 Link to comment
Mick Posted February 25, 2015 Report Share Posted February 25, 2015 That does sound a bit strange that you did not receive anything. What about your lawyer - did he receive anything in response to his submission of rebuttal documents? The fact that she has been asked to come in for a second interview is a good sign - Did they state in the original denial what they considered to be fraudulent? Also, eight months seems a bit of a long time from denial to NOIR. Hopefully, one of our members that are more current than I in their knowledge will respond to your questions. Link to comment
Randy W Posted February 25, 2015 Report Share Posted February 25, 2015 I believe that that is an EXCELLENT omen. Your denial was APPARENTLY overturned, and sent back to the Consulate for processing. Yes, it's surprising that you haven't heard anything in the meantime, but this is probably insignificant. This means that whatever their reasons were for denial, they were deemed NOT VALID, and the Consulate is REQUIRED (by law, but not always in practice) to cite NEW EVIDENCE in order to issue a second denial. Link to comment
tsap seui Posted February 25, 2015 Report Share Posted February 25, 2015 Been around that sort of block before. LOL Great news for you both. I'm happy for you guys. tsap seui Link to comment
warpedbored Posted February 25, 2015 Report Share Posted February 25, 2015 I didn't catch who your lawyer is. I'm not usually a fan of lawyers but in your case I would recommend one. Marc Ellis of Marc Ellis law is an authority on NOIR cases. He lives in Vietnam but does work in China and knows the consulate well. Last track I had he and his assistant Eunice who lives in Guangzhou have never lost a case. Link to comment
Y0N33 Posted March 24, 2015 Author Report Share Posted March 24, 2015 thanks guys. now i have problem with filing my taxes. the lawyer wanted me to file as head of house hold which i don't think i qualify for unless i have a dependent and i don't have any. what did you guys do with your taxes as far as filing statuses go? i think married filing separately is probably best suited for us since she's outside the usa since we got married. Link to comment
dnoblett Posted March 24, 2015 Report Share Posted March 24, 2015 thanks guys. now i have problem with filing my taxes. the lawyer wanted me to file as head of house hold which i don't think i qualify for unless i have a dependent and i don't have any. what did you guys do with your taxes as far as filing statuses go? i think married filing separately is probably best suited for us since she's outside the usa since we got married.Unless you have dependents you should not be able to claim head of household. Here is an easy way to determine proper status: http://apps.irs.gov/app/IPAR/startsession/IPAR_1/en-US/Attribute~Filing_Status~global~global?user=guest http://www.irs.gov/Help-&-Resources/Tools-&-FAQs/FAQs-for-Individuals/Frequently-Asked-Tax-Questions-&-Answers/Filing-Requirements,-Status,-Dependents,-Exemptions/Filing-Status/Filing-Status-2 Link to comment
Y0N33 Posted March 24, 2015 Author Report Share Posted March 24, 2015 thank you dnoblett for the website. for me, it's married filing separately. Link to comment
Randy W Posted March 25, 2015 Report Share Posted March 25, 2015 thank you dnoblett for the website. for me, it's married filing separately. You can file jointly if you also get an ITIN for your wife. The complication there is that you will need a certified copy of her passport. The certified copy may be obtained either in the states, or from an American consulate in China. Another choice is to go ahead and file married, filing separately, and then file an amended return after she gets an SS number in the states (you have up to three years to get the difference refunded). Link to comment
Y0N33 Posted March 27, 2015 Author Report Share Posted March 27, 2015 (edited) Randy, If I file as married filing separately, do I still need the ITIN and a certified copy of her passport? Besides the passport, is there anything I can use? Thank you! Edited March 27, 2015 by Y0N33 (see edit history) Link to comment
Randy W Posted March 27, 2015 Report Share Posted March 27, 2015 Randy, If I file as married filing separately, do I still need a certified copy of her passport? Besides the passport, is there anything I can use? Thank you! For what?? They ask for her SSN on your return, but you can fill in NRA (for non-resident alien), or enter "000-00-0000" if you are filing electronically and the form requires a numeric entry. If you are audited, you may need to provide a copy of your marriage certificate. Otherwise, just her name and the NRA designation should suffice. Link to comment
Y0N33 Posted March 28, 2015 Author Report Share Posted March 28, 2015 Thank you Randy. I was able to complete it with your suggestion. Link to comment
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