Last stages of Visa application

[Ray]

Is there any other advantage to filing as married other than the extra exemption?

It will provide further evidence of a valid marriage later when you file the petition to remove conditions.

Ray

[thekfc]

When I filed my 2010 taxes, my wife's visa application was already approved so there nothing else I had to send in.

There was something I needed to do (non-visa related) so I went the single route (and amend later) as it would be much easier & less time consuming than the W-7/ITIN route.

[thekfc]

You can file a joint tax return and use an Individual Tax Identification Number (ITIN) for your wife in lieu of a SSN. You get her an ITIN by submitting a W-7 form along with your tax return. I believe the only catch is that you also need to send in a notarized copy of her passport information pages along with the W-7. I know that the embassy & consulates in China will notarize a copy of a foreign passport so hopefully the one in Peru will also.

Another option is that you can always file a return now as Married Filing Separately  and then when your wife enters the US and receives her SSN you can file an amended return as Married Filing Jointly.

Question:
If you file married filing separately, wouldn't you have to provide the spouse's SSN / ITIN?

[Capstone]

Question:
If you file married filing separately, wouldn't you have to provide the spouse's SSN / ITIN?

No, not if the spouse is a non-resident alien who is not required to have a SSN or ITIN. If the spouse is an NRA and you do not claim their personal exemption then you can file as Married Filing Separately without providing a SSN or ITIN for them. Many people say that they just write in Non Resident Alien or NRA in the spouse's SSN field under this circumstance. Of course you would not be able to file the return electronically in this case - it would need to be mailed in.

[Alabamaboy!]

Many thanks to everyone for the input.  Looks like I'll have to use one of the 2 options mentioned by KFC & Ray.  There's not enough time to get documents to the wife for a signature.  I've already filed the affidavit of support documents and submitted tax returns from previous years, so I won't worry about filing as single if I use that option.

Alabamaboy, I mentioned you in the inquiry because I know that you've got the same circumstances as I: married to a non resident alien in 2010, with the wife not becoming a resident during that year.  Did you file as "married filing separately"?

If the election (to file a joint return) is not made, you may be able to claim your nonresident alien spouse as an exemption on a return filed as married filing separately, but only if the spouse had no income and could not be claimed as a dependent by another taxpayer.  quote from the J.K. Lasser's tax guide

Is there any other advantage to filing as married other than the extra exemption?

I filed "married filing jointly". I applied for the Individual Tax ID number for her. I was fortunate enough that I had already had a trip planned anyway so I took the application for the Tax ID number and the completed tax return with me to Colombia and had her sign both. I had to send both together to the IRS. You cannot do electronic filing if it is the first time you are doing it with the Individual Tax ID number which needs to be approved. It took about 2 months.

My tax situation was greatly improved (so my accountant says) because I was filing  married jointly and not single.

[no comment]

Today at the American embassy in Lima my wife had an interview for a visa.  Visa denied.  They've required more documents including a copy of my 2010 tax return which was referenced earlier in this thread.  I took the advice to file for an extension but it seems I'll have to fill out a return without the wife's #, which I had hoped to get after her arrival in the states.
Wife told me that the staff at the embassy were pushy and rude.  They were behind plexiglass and spoke through microphones.  Maybe the security of a screen makes one feel more powerful and bold.
I'll send the documents that they requested via DHL and hopefully this will fade as a bad memory.

[fathertime]

Today at the American embassy in Lima my wife had an interview for a visa.  Visa denied.  They've required more documents including a copy of my 2010 tax return which was referenced earlier in this thread.  I took the advice to file for an extension but it seems I'll have to fill out a return without the wife's #, which I had hoped to get after her arrival in the states.
Wife told me that the staff at the embassy were pushy and rude.  They were behind plexiglass and spoke through microphones.  Maybe the security of a screen makes one feel more powerful and bold.
I'll send the documents that they requested via DHL and hopefully this will fade as a bad memory.

Well NC, I think you both will get your visa after you serve them the papers they are demanding, but what do you do if they keep denying you??  Your situation is really sucko, and I’m sorry to hear it is going down like this thus far.  Keep fighting, persistence almost always pays off!


Fathertime!

[Researcher]

     Sorry to hear NC. I didn't think filing for an extension seemed like a good idea.When we had our AOS interview they seemed to pay alot of attention to our tax returns.Any irregularity seems to give them reason to question things.But you should be back on track once you get them the papers they are asking for.


          Researcher

[no comment]

No, not if the spouse is a non-resident alien who is not required to have a SSN or ITIN. If the spouse is an NRA and you do not claim their personal exemption then you can file as Married Filing Separately without providing a SSN or ITIN for them. Many people say that they just write in Non Resident Alien or NRA in the spouse's SSN field under this circumstance. Of course you would not be able to file the return electronically in this case - it would need to be mailed in.

Capstone, here is what I just did..... with an H & R Block program for tax returns we made a return as married filing separate.  The software gives these directions regarding a SSN/ ITIN number:
"Whenever we ask for the SSN of the ITIN applicant, you should create a nine digit number that will be easily identified as incorrect (for example 111-11-1111). When you print out your return later you should put a single line through that number and hand write 'applied ITIN'."
Just had my wife fill out a W-7 form off the web (in Peru) and she will mail that along with a notarized copy of her passport.  I do lose on not having her as an exemption, but she had income in her country in 2010 and things are already complicated enough.

[Kiltboy1]

NC
 
I had all kinds of problems at the embassy in Ecuador and while we were not officially "denied", they made us come back for a second interview about 2 months later(which would have been 6 months had not my Senator and Congressman wrote letters asking for an explanation" . I would get you state politicians involved. They need your vote !!. Good Luck
 
KB

[no comment]

NC
I had all kinds of problems at the embassy in Ecuador and while we were not officially "denied", they made us come back for a second interview about 2 months later(which would have been 6 months had not my Senator and Congressman wrote letters asking for an explanation" . I would get you state politicians involved. They need your vote !!. Good Luck

KB,
What pretext did the embassy in Ecuador give for making you come back a 2nd time? 


I did not attend the interview.  I had the impression that the petitioner wasn't allowed in to the interview, but your reply suggests that you attended with your fiance (or wife).  The embassy in Lima gave my wife a sheet with a few items checked off for submittal, including a 2010 tax return.  I don't know at this point if the documents will be enough to satisfy the embassy or if another interview will be necessary and if so, how long the wait will be.  If it looks like a long wait I'll definitely call on a local representative.

[Ray]

Today at the American embassy in Lima my wife had an interview for a visa. Visa denied. They've required more documents including a copy of my 2010 tax return which was referenced earlier in this thread. I took the advice to file for an extension but it seems I'll have to fill out a return without the wife's #, which I had hoped to get after her arrival in the states.
Wife told me that the staff at the embassy were pushy and rude. They were behind plexiglass and spoke through microphones. Maybe the security of a screen makes one feel more powerful and bold.
I'll send the documents that they requested via DHL and hopefully this will fade as a bad memory.

　
That sucks!
　
I think these pushy & rude "civil servants" need to be frequently reminded that they are "servants". Perhaps they need to find another line of work, like the unemployment line for example.   
　
If they didn’t accept your tax return that was the most recent when you signed the Affidavit of Support, then there may be some question about your income evidence. Did you submit an official employer letter and several months of the most recent payroll statements? Those are usually considered a more reliable indicator of current, steady income than last year’s tax return, especially in today’s economic environment. If you are self-employed, then other documents should be submitted to verify income if possible.
　
Did you include all attachments to your tax return, such as copies of W-2 forms?
　
Good luck with the second round…
　
Ray
　
　

[Researcher]

   Hey No Comment, I don't have any experience with the embassy in Peru but it sounds like about every embassy has A holes.There was one guy at the embassy in Bogota that was being very rude to people and it looked as thogh he was turning many people down.Luckily we got a very nice lady at the window next to his.I've geen through this process twice and I gotta tell ya its always best to give them just what they ask for, nothing more, nothing less.Everything should be organized and laid out as if a 5 year old kid was processing it.

      If you want to get an idea of what the embassy in Peru is like and what the process is like just read these reviews:

     http://www.visajourney.com/reviews/index.php?cnty=Peru&cty=&dfilter=5

     I got alot out of them when I went through the process because people describe their experiences there.

        Researcher

[Kiltboy1]

　
That sucks!
　
I think these pushy & rude "civil servants" need to be frequently reminded that they are "servants". Perhaps they need to find another line of work, like the unemployment line for example.   
　
If they didn’t accept your tax return that was the most recent when you signed the Affidavit of Support, then there may be some question about your income evidence. Did you submit an official employer letter and several months of the most recent payroll statements? Those are usually considered a more reliable indicator of current, steady income than last year’s tax return, especially in today’s economic environment. If you are self-employed, then other documents should be submitted to verify income if possible.
　
Did you include all attachments to your tax return, such as copies of W-2 forms?
　
Good luck with the second round…
　
Ray
　
　

NC
 
I did not attend the initial interview because the embassy website clearly stated that the petitioner was not allowed to attend. Well, they said we needed to return because I was not with her and that they felt our marriage was a fraud. When I did go to the second interview, they had an Ecuadorian national conduct the interview and ask very personal and sexual natured questions. They then told us after a 3 hour wait that the visa would not be issued that day and they needed further time to make a decision and I would be asked to return in 6 months for a final interview. This I said was not acceptable and demanded to see the council chief , whom after another 2 hours wait  showed up and in his marine military style told me that he thought our marriage was a fraud. I smacked the Plexiglas and told him he as a MF and that he would issue the visa one way or another. I then returned to the USA and contacted my Congressman , Howard Coble and my Senator, Richard Burr and went over the way we were treated. Well, Magically 2 weeks later I got a call from my senators office saying the visa was being issued. it pays to press your politicians for help especially when they know an election is near. You can go to Visa journey and do a search for Ecuador and look at the posts around 2007 and see my story and several other stories of people going through the same thing. Let me know if I can help further
 
KB

[no comment]

KB,
I was pissed off when we didn't get the visa because I felt we had every reason to be optimistic.  You were really treated badly, so I won't be too dramatic over our initial refusal.  Right now the plan is to give them the documents that they requested, and if that doesn't work we'll contact a representative. 


Ray,
I'm self employed and I started a business in 2007 just as the economy was starting to stall and show problems.  It's hard enough to start a business and it takes time to show a profit in good times, let alone during a severe financial downturn.  Nevertheless, I submitted evidence of assets that were in excess of their financial requirements and explained the business situation with a cover letter. 


Researcher,
I checked out that page you linked and it's full of happy people who got visas and gave the consulate high ratings. 

[Researcher]

     Even so NC, by reading what they wrote you can get an idea what the process is like there and maybe even get some of your questions answered.I got alot out of reading reviews of the Bogota embassy and was well prepared when we went.At least on that site the folks are going through the process at the same embassy you'll be using.As far as your paperwork you might want to consider hiring an immigration attorney.

          Researcher

[fathertime]

   g.As far as your paperwork you might want to consider hiring an immigration attorney.

          Researcher

Hey NC, I want to reiterate what Researcher said here!  I remember a while back when you decided you were going to do this visa paperwork by yourself and I thought it was a needless risk!  I know that quite a few people do it all on their own and get fooacted out of a few months of their lives for stupid things that could likely be prevented if you had an experienced lawyer that anticipates these things.    WilliamIII was real good with my visa and knew what to expect in advance, it may be a little late for you now, but if you have continued problems you might consider contacting him.  He hasn't posted in a while but I can put you in touch with him if you are unable to find him and want to.


Good luck with the visa,
Fathertime!

[no comment]

Wife and I submitted the documents requested by the embassy and we finally got the Visa this past Monday.  Now to book a flight and make arrangements for her travel to the States. 


There are a few options, each with pros & cons.  The trip is Lima > NYC and most flights include a stopover with a plane change.  She has never flown alone before, and never out of Peru.  In addition she'll be traveling with 3 or 4 pieces of luggage and will have to submit the sealed documents upon entry to the country, presumably the first point of entry. 


A direct flight is an option, much more expensive but it would eliminate the hassle of changing flights and dealing with any Visa issue that may take too much time with a flight to catch.


Another option to keep things simple is to find a flight with a plane change in Panama or Colombia.  Those two countries are among few others to which a Peruvian may travel with just a passport of Peru. 


...or I could book a R/T for myself and one way for her, just to make it easy for her.

[Alabamaboy!]

Congratulations!

[Researcher]

     Congrats NC!!!


      Researcher

[fathertime]

Thank God man!


Maybe you could get her the more direct flight and use all the money you saved by you not travelling to meet her to do something extra special after she arrives.  Maybe you should present the options to her as well and see what she thinks is best.  It is a little difficult for her to travel alone, but it is kinda romantic when she finally spots you in the American airport after the ordeal.


Fathertime! 

[no comment]

Gracias a todos por las felicitaciones. 

Maybe you could get her the more direct flight and use all the money you saved by you not travelling to meet her to do something extra special after she arrives.  Maybe you should present the options to her as well and see what she thinks is best.  It is a little difficult for her to travel alone, but it is kinda romantic when she finally spots you in the American airport after the ordeal.

FT, I recall that you were considering doing something when your fiance was coming to the States and I suggested keeping it simple.  She's going to be excited enough, and stressed as well. 


Question to all... did you let your wife/ fiance make the trip alone and is the Visa thing an issue, or does everything run smoothly through the airport?

[Researcher]

    I travelled with my wife because her English wasn't that great and I didn't want her first experience in the US to be a bad one.Luckily everything went well.

     I am also glad I went to be there when she said goodbye to her family at the airport.It wasn't easy but my support was helpful. That was a tough scene.

      Researcher

[fathertime]

Gracias a todos por las felicitaciones.  FT, I recall that you were considering doing something when your fiance was coming to the States and I suggested keeping it simple.  She's going to be excited enough, and stressed as well. 


Question to all... did you let your wife/ fiance make the trip alone and is the Visa thing an issue, or does everything run smoothly through the airport?

Well NC, I actually don't remember what I was thinking or planning.  As it turns out I was dutifully waiting for my wife at the airport when she finally got to me it was about 1:30am I think, it was a very joyous moment. 


I think everything ran smoothly for my wife with the airport visa thing at the airport.  She traveled alone and did not speak very good English. 


Fathertime!