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Thread: How long do Appeals take?

  1. #1
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    Default How long do Appeals take?


    How long do appeals for a denied I 130 take? DO files still get suppose-
    dly lost?
    My husbands I 130 from Athens was denied so now I am thinking about mov-
    ing back there I really dont want to appeal right now. I have no energy
    to appeal and all that crap, so now I have to withdraw from Med School
    to move there in a month to be with my younger husband that they say I
    married solely for "immigration purposes".
    I am really sick and tired of INS, BCIS whatever they call themselves
    these days..you know one thing I can say to those unmarried people out
    there "marry only people whom are American citizens!" Because you will
    lose your mind going through this crappy immigration process. At least I
    know I have!
    I think once my husband and I have kids I will send that officer a pict-
    ure of our children so he can see what an unfit officer he is.
    I will be moving to the West Bank to be with my hubbie. So if anything
    happens to me or if I get deprted I think I will hold Homeland Security
    responsible.
    hmm I wonder if thats possible???
    I really feel for those who have to endure this crap seriously! this is
    a very draining process.

    --
    Posted via http://britishexpats.com

  2. #2
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    Default How long do Appeals take?

    How long do appeals for a denied I 130 take? DO files still get suppo- sedly lost? My husbands I 130 from Athens was denied so now I am thinking about moving back there I really dont want to appeal right now. I have no energy to appeal and all that crap, so now I have to withdraw from Med School to move there in a month to be with my younger husband that th- ey say I married solely for "immigration purposes". I am really sick and tired of INS, BCIS whatever they call themselves these days..you know one thing I can say to those unmarried people out there "marry only people whom are American citizens!" Because you will lose your mind going through this crappy immigration process. At least I know I have! I think once my husband and I have kids I will send that officer a pi- cture of our children so he can see what an unfit officer he is. I will be moving to the West Bank to be with my hubbie. So if anything happens to me or if I get deprted I think I will hold Homeland Securi- ty responsible. hmm I wonder if thats possible??? I really feel for those who have to endure this crap seriously! this is a very draining process.
    Hi:

    I-130 appeals go to the Board of Immigration Appeals. However, unlike
    appeals from Immigration Judges, they are filed with DHS which then for-
    wards the records to the BIA in Falls Church, VA. I don't have any idea
    how long this will take.

    Once the BIA receives the file, an "affirmance without opinion" can iss-
    ue quite quickly -- within 3 months. If the case can't be affirmed [and
    you want an appeal sustained, not affirmed], a one member opinion can
    take about 6 months after briefing is completed. A 3-member opinion can
    take even longer.

    I read your original string. The only fact I saw you mention was that
    you were older than your husband. However, what did the DHS in Athens
    actually give as a stated reason for the denial after wading through all
    the boilerplate?

    --
    Certified Specialist
    Immigration & Nat. Law
    Cal. Bar Board of Legal Specialization
    Posted via http://britishexpats.com

  3. #3
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    Default How long do Appeals take?

    How long do appeals for a denied I 130 take? DO files still get suppo- sedly lost? My husbands I 130 from Athens was denied so now I am thinking about moving back there I really dont want to appeal right now. I have no energy to appeal and all that crap, so now I have to withdraw from Med School to move there in a month to be with my younger husband that th- ey say I married solely for "immigration purposes". I am really sick and tired of INS, BCIS whatever they call themselves these days..you know one thing I can say to those unmarried people out there "marry only people whom are American citizens!" Because you will lose your mind going through this crappy immigration process. At least I know I have! I think once my husband and I have kids I will send that officer a pi- cture of our children so he can see what an unfit officer he is. I will be moving to the West Bank to be with my hubbie. So if anything happens to me or if I get deprted I think I will hold Homeland Securi- ty responsible. hmm I wonder if thats possible??? I really feel for those who have to endure this crap seriously! this is a very draining process.
    Bosacafe,
    I am so sorry to hear this news. I know that this is a unbelievable but
    you are not alone. It is my opinion that any male from the mideast is a
    target as far as the State Dept is concerned and all bets are off regar-
    ds rules and regulations. Any possible unsubstantiated opinion, assump-
    tion or speculation stands as a reason to deny or delay families these
    days if the husband or fiance is from the middle east.

    It makes me ashamed to be american.

    Have you talked to a lawyer? Have you looked at filing for K3 and going
    through a different consulate?

    I wish you the best. Don't let them get you down, your family is better
    than that and in the end you would prove them all wrong.

    --
    Posted via http://britishexpats.com

  4. #4
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    Default How long do Appeals take?

    Hi: I-130 appeals go to the Board of Immigration Appeals. However, unlike appeals from Immigration Judges, they are filed with DHS which then forwards the records to the BIA in Falls Church, VA. I don't have any idea how long this will take. Once the BIA receives the file, an "affirmance without opinion" can issue quite quickly -- within 3 months. If the case can't be affirmed [and you want an appeal sustained, not affirmed], a one member opinion can take about 6 months after briefing is completed. A 3-member opin- ion can take even longer. I read your original string. The only fact I saw you mention was that you were older than your husband. However, what did the DHS in Athens actually give as a stated reason for the denial after wading through all the boilerplate?
    Well after all the darn evidence I sent like phone bills after phone
    bills and bank statements to show I financially help him while I am he-
    re in the States, they came back with a relpy stating that ....this ev-
    idence clearly shows that it shows a relationship but we do not believe
    that it could be that of a marriage...And also that even if my family
    from the States approves of such a marriage (pertaining to the age dif-
    ference) that his family from Palestine would only agree for him to ma-
    rry me only just to help him come to the States....(the funny thing is
    that his parents are so against him coming to the States because of our
    political system).

    They said also that my 9 month long visit to Palestine after him and I
    married was "brief"...but they forgot the fact that I couldnt get my
    visa renewed for another 3 months by the Israeli authorities.
    And they also stated that I did not have him listed on my insurance pa-
    pers, tax returns, and bank records.....
    The last time I checked I was told that you need a social security num-
    ber do get listed on that crap. And he doesnt have one because he never
    came here.
    so basically that was it.
    so now I have to move to Palestine and live under occupation and leave
    med school that I busted my *** off to get into. but again they dont
    give a crap about the lives they ruin.
    This past week has been the most depressing week ever people, depressi-
    ng cuz of leaving school but yet happy to go see my hubbie.
    They are telling me to file for an appeal from Virginia...So I was won-
    dering if I do end up appealing will they need me to come back here to
    the states to go before BIA...and also didnt Bush change BIA now they
    are basically rubberstamping any appeals that come to them?I dont want
    to go through more rubberstamping I swear I feel like I might get a ne-
    rvous breakdown dealing with our government. Its like no matter how mu-
    ch you scream your totally unheard, kinda feels like living under a di-
    ctatorship.

    --
    Posted via http://britishexpats.com

  5. #5
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    Default How long do Appeals take?

    Bosacafe, I am so sorry to hear this news. I know that this is a unbelievable but you are not alone. It is my opinion that any male from the midea- st is a target as far as the State Dept is concerned and all bets are off regards rules and regulations. Any possible unsubstantiated opin- ion, assumption or speculation stands as a reason to deny or delay fa- milies these days if the husband or fiance is from the middle east. It makes me ashamed to be american. Have you talked to a lawyer? Have you looked at filing for K3 and go- ing through a different consulate? I wish you the best. Don't let them get you down, your family is bet- ter than that and in the end you would prove them all wrong.
    I was thinking about filing another I 130 rather than appealing cuz the
    appeal might turn out to be a waste of time and effort and not to forget
    that I 130 are fricken expensive to file!
    But Im afraid that when I tell them that an I 130 was filed before for
    him and denied that they might flat out deny the new I 130 even if go
    thru another Embassy.

    --
    Posted via http://britishexpats.com

  6. #6
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    Default How long do Appeals take?

    I was thinking about filing another I 130 rather than appealing cuz the appeal might turn out to be a waste of time and effort and not to forget that I 130 are fricken expensive to file! But Im afraid that when I tell them that an I 130 was filed before for him and denied that they might flat out deny the new I 130 even if go thru another Embassy.
    Did you have an attorney? I would suggest filing a new I-130 but with
    an attorney.

    Having an attorney on record does make a difference when dealing with
    these hard to deal with consulates. When I was working for attorneys
    sometimes it just needed an attorney to call and see what the problems
    are to get it passed thru. The attorney gives you an "unemotional" voi-
    ce when dealing with these demi-gods, and you really need that detachme-
    nt to keep from going crazy otherwise you feel like you are in the twil-
    ight zone.

    --
    Posted via http://britishexpats.com

  7. #7
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    Default How long do Appeals take?

    Well after all the darn evidence I sent like phone bills after phone bills and bank statements to show I financially help him while I am here in the States, they came back with a relpy stating that ....this evidence clearly shows that it shows a relationship but we do not bel- ieve that it could be that of a marriage...And also that even if my family from the States approves of such a marriage (pertaining to the age difference) that his family from Palestine would only agree for him to marry me only just to help him come to the States....(the funny thing is that his parents are so against him coming to the States bec- ause of our political system). They said also that my 9 month long visit to Palestine after him and I married was "brief"...but they forgot the fact that I couldnt get my visa renewed for another 3 months by the Israeli authorities. And they also stated that I did not have him listed on my insurance papers, tax returns, and bank records..... The last time I checked I was told that you need a social security nu- mber do get listed on that crap. And he doesnt have one because he ne- ver came here. so basically that was it. so now I have to move to Palestine and live under occupation and leave med school that I busted my *** off to get into. but again they dont give a crap about the lives they ruin. This past week has been the most depressing week ever people, depress- ing cuz of leaving school but yet happy to go see my hubbie. They are telling me to file for an appeal from Virginia...So I was wo- ndering if I do end up appealing will they need me to come back here to the states to go before BIA...and also didnt Bush change BIA now they are basically rubberstamping any appeals that come to them?I dont want to go through more rubberstamping I swear I feel like I might get a nervous breakdown dealing with our government. Its like no matter how much you scream your totally unheard, kinda feels like living und- er a dictatorship.
    Hi:

    Assuming your description is accurate, that is a bad denial IMHO. The
    cases of Paterson, Patel, & Arias come to mind just off the top of my
    head -- and that is without any legal research. You may want to file
    a new I-130 prepared by a COMPETENT attorney who will disclose the pr-
    ior denial.

    There is also a lot of case law, including "Arias" that speculation is
    not enough.

    --
    Certified Specialist
    Immigration & Nat. Law
    Cal. Bar Board of Legal Specialization
    Posted via http://britishexpats.com

  8. #8
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    Default How long do Appeals take?

    Well after all the darn evidence I sent like phone bills after phone bills and bank statements to show I financially help him while I am here in the States, they came back with a relpy stating that ....this evidence clearly shows that it shows a relationship but we do not bel- ieve that it could be that of a marriage...And also that even if my family from the States approves of such a marriage (pertaining to the age difference) that his family from Palestine would only agree for him to marry me only just to help him come to the States....(the funny thing is that his parents are so against him coming to the States bec- ause of our political system). They said also that my 9 month long visit to Palestine after him and I married was "brief"...but they forgot the fact that I couldnt get my visa renewed for another 3 months by the Israeli authorities. And they also stated that I did not have him listed on my insurance papers, tax returns, and bank records..... The last time I checked I was told that you need a social security nu- mber do get listed on that crap. And he doesnt have one because he ne- ver came here. so basically that was it. so now I have to move to Palestine and live under occupation and leave med school that I busted my *** off to get into. but again they dont give a crap about the lives they ruin. This past week has been the most depressing week ever people, depress- ing cuz of leaving school but yet happy to go see my hubbie. They are telling me to file for an appeal from Virginia...So I was wo- ndering if I do end up appealing will they need me to come back here to the states to go before BIA...and also didnt Bush change BIA now they are basically rubberstamping any appeals that come to them?I dont want to go through more rubberstamping I swear I feel like I might get a nervous breakdown dealing with our government. Its like no matter how much you scream your totally unheard, kinda feels like living und- er a dictatorship.
    bosa,

    This is not correct. Insurance companies typically use the SSN as a 'k-
    ey' in their customer database, so they are insistent in asking for one,
    but it is not essential and when pushed a knowledgaeable insurance comp-
    any representative will acknowledge that they can use a substitute numb-
    er for their record-keeping purposes. Whether or not your company will
    insure a spouse who is living overseas is another matter...

    Your husband definitely does not need a SSN for US tax purposes. He can
    apply for an ITIN and you can file a joint tax return with him using th-
    at number. Indeed, that is the whole purpose of the ITIN, so that a pe-
    rson who is not eligible for a SSN can file a US tax return.

    Some banks will insiste on a SSN, but many do not and will accept an IT-
    IN. Some will accept no number at all for him in a joint account with
    you because you have a number.

    Regards, JEff

    --
    Of course, the Internet also tells us that hot naked women want to befr-
    iend us, so we can't be 100% sure about everything we read there. (Dave
    Barry)
    Posted via http://britishexpats.com

  9. #9
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    Default How long do Appeals take?

    bosacafe75@aol wrote:
    Well after all the darn evidence I sent like phone bills after phone bills and bank statements to show I financially help him while I am here in the States, they came back with a relpy stating that ....this evidence clearly shows that it shows a relationship but we do not believe that it could be that of a marriage...
    Are you really surprised that they think that your marriage appears to
    be more of a financial arrangement when all you seem to have told them
    about was money?
    And also that even if my family from the States approves of such a marriage (pertaining to the age difference) that his family from Palestine would only agree for him to marry me only just to help him come to the States....(the funny thing is that his parents are so against him coming to the States because of our political system).
    Did you, perhaps, show them this?
    They said also that my 9 month long visit to Palestine after him and I married was "brief"...but they forgot the fact that I couldnt get my visa renewed for another 3 months by the Israeli authorities.
    They forgot or they didn't know?
    And they also stated that I did not have him listed on my insurance papers, tax returns, and bank records..... The last time I checked I was told that you need a social security number do get listed on that crap. And he doesnt have one because he never came here.
    Not sure about this so I can't comment.
    so basically that was it. so now I have to move to Palestine and live under occupation and leave med school that I busted my *** off to get into.
    No you don't *have* to. You may *choose* to. Big difference. Also, you
    two could move to another country.
    but again they dont give a crap about the lives they ruin.
    No they are not in charge of your life, they are only in charge in
    granting visa benefits.
    This past week has been the most depressing week ever people, depressing cuz of leaving school but yet happy to go see my hubbie. They are telling me to file for an appeal from Virginia...So I was wondering if I do end up appealing will they need me to come back here to the states to go before BIA...and also didnt Bush change BIA now they are basically rubberstamping any appeals that come to them?
    Huh? Honestly does that sound like something plausible? Where would you
    get such a crazy notion?
    I dont want to go through more rubberstamping I swear I feel like I might get a nervous breakdown dealing with our government.
    I guess it depends on the rubber stamping. Assuming you mean that the
    BIA just approval appeals in your favor without much resistance then
    rubber stamping is what you want, no?
    Its like no matter how much you scream your totally unheard, kinda feels like living under a dictatorship.
    Perhaps screaming is not what is required here. Do you believe that if
    merely they hear your screams and act in a way that you want them too
    then it's not a dictatorship? I bet people in prison scream too however
    I prefer that they remain there. I'm not saying that your a criminal,
    however there is a legal process and you must go through it, like
    anybody else in your situation, and merely getting your way simply
    because you scream loudly is not a direction I'd like to see our country
    headed. Sorry you're going through this but simply getting mad at it
    doesn't seem like it's the right way to go. Calm down, get your wits
    about you and fight for your rights in a manner that is civilized and in
    accordance with law. If you are right you will win.

    Listen, if it really feels like you are living in a dictatorship here in
    the US then by all means leave and live in the West Bank with your hubby
    and you'll get a real taste of what it's like to live under a real
    oppressive government and bad place to live. Let us know how it feels then.

    --
    Honk If you want to see my finger


  10. #10
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    Default How long do Appeals take?

    bosa, This is not correct. Insurance companies typically use the SSN as a 'key' in their customer database, so they are insistent in asking for one, but it is not essential and when pushed a knowledgaeable insurance company representative will acknowledge that they can use a substitute number for their record-keeping purposes. Whether or not your company will insure a spouse who is living overseas is ano- ther matter... Your husband definitely does not need a SSN for US tax purposes. He can apply for an ITIN and you can file a joint tax return with him us- ing that number. Indeed, that is the whole purpose of the ITIN, so that a person who is not eligible for a SSN can file a US tax return. Some banks will insiste on a SSN, but many do not and will accept an ITIN. Some will accept no number at all for him in a joint account with you because you have a number. Regards, JEff
    I always thought an ITIN would only be for those who are here not for
    those living overseas, my personal insurance company wouldnt insure him
    since he is overseas and my bank wouldnt add him to my account for the
    mere fact that Homeland Security asks him to be here and this is from a
    friend who runs the bank that I am doing business with. I will hire an
    attorney right before I leave to overseas because I really cant handle
    being away from him for another year. thanx guys

    --
    Posted via http://britishexpats.com

  11. #11
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    Default How long do Appeals take?

    I always thought an ITIN would only be for those who are here not for those living overseas, my personal insurance company wouldnt insure him since he is overseas and my bank wouldnt add him to my account for the mere fact that Homeland Security asks him to be here and this is from a friend who runs the bank that I am doing business with. I will hire an attorney right before I leave to overseas because I really ca- nt handle being away from him for another year. thanx guys
    bosacafe,

    I got my wife an ITIN last October, right after we married, and filed a
    joint return with her for 2003. Saved me several thousand dollars in
    income tax. She didn't ger her visa and enter the US until April, long
    after we'd filed the return.

    I also added my wife to my checking and savings accounts after our marr-
    iage while she was still in her home country. If your present bank ins-
    ists that your husband have a SSN you can always open a new account at a
    different bank that will accept him on the account.

    I had the same experience with my insurance company. But that's not a
    SSN issue.

    Regards, JEff

    --
    Of course, the Internet also tells us that hot naked women want to befr-
    iend us, so we can't be 100% sure about everything we read there. (Dave
    Barry)
    Posted via http://britishexpats.com

  12. #12
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    Default How long do Appeals take?

    I always thought an ITIN would only be for those who are here not for those living overseas, my personal insurance company wouldnt insure him since he is overseas and my bank wouldnt add him to my account for the mere fact that Homeland Security asks him to be here and this is from a friend who runs the bank that I am doing business with. I will hire an attorney right before I leave to overseas because I really ca- nt handle being away from him for another year. thanx guys
    I'm sorry to hear that you will give up/defer your dream of med school
    to be with your husband. Being a professional myself, I can only imagine
    what it takes to make that decision.

    As for the Patriot Act, that is a bunch of bull that banks spew when it
    isn't true. There is nothing in the Patriot Act that states a person mu-
    st have a SSN in order to add him/her to a bank account. Hell, I'm stub-
    born enough to make a copy of the Act, take it to the bank and ask where
    it's written. If it's a policy of the bank, take your business and your
    money elsewhere because that bank doesn't deserve it.

    The insurance thing I can understand because when I lived overseas they
    wouldn't even cover me - I had to take out a totally separate policy th-
    at would cover me. I doubt you could find one willing to cover him since
    he's never even lived here.

    I really hope an attorney can help you guys out!

    --
    Posted via http://britishexpats.com

  13. #13
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    Default How long do Appeals take?

    sunflwrgrl13 wrote:
    As for the Patriot Act, that is a bunch of bull that banks spew when it isn't true. There is nothing in the Patriot Act that states a person must have a SSN in order to add him/her to a bank account.
    Wasn't there something in the law saying that SS# are not to be required
    as an ID # ('cept by the SSA I guess)?
    Hell, I'm stubborn enough to make a copy of the Act, take it to the bank and ask where it's written.
    From what I hear you might need a wheel barrel to haul it in! Of course
    you could probably put PDFs of it on an IPod... :-)

  14. #14
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    Default How long do Appeals take?

    Hi: Assuming your description is accurate, that is a bad denial IMHO. The cases of Paterson, Patel, & Arias come to mind just off the top of my head -- and that is without any legal research. You may want to file a new I-130 prepared by a COMPETENT attorney who will disclose the pr- ior denial. There is also a lot of case law, including "Arias" that speculation is not enough.
    Hi,
    I tried searching for Arias was it Arias vs. INS because I couldnt find
    anything on the net?
    thanx
    sarah

    --
    Posted via http://britishexpats.com

  15. #15
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    Default How long do Appeals take?

    bosa, This is not correct. Insurance companies typically use the SSN as a 'key' in their customer database, so they are insistent in asking for one, but it is not essential and when pushed a knowledgaeable insurance company representative will acknowledge that they can use a substitute number for their record-keeping purposes. Whether or not your company will insure a spouse who is living overseas is ano- ther matter... Your husband definitely does not need a SSN for US tax purposes. He can apply for an ITIN and you can file a joint tax return with him us- ing that number. Indeed, that is the whole purpose of the ITIN, so that a person who is not eligible for a SSN can file a US tax return. Some banks will insiste on a SSN, but many do not and will accept an ITIN. Some will accept no number at all for him in a joint account with you because you have a number. Regards, JEff
    Can I file for an ITIN for my husband since he isnt here? I want to add
    him on my taxes coming up....And are there any big name banks that allow
    adding sposes whom dont live in the states other than Bank One since th-
    ey do not add non SSN holders?
    thanx
    sarah

    --
    Posted via http://britishexpats.com

  16. #16
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    Default How long do Appeals take?

    Can I file for an ITIN for my husband since he isnt here? I want to add him on my taxes coming up....And are there any big name banks that allow adding sposes whom dont live in the states other than Bank One since they do not add non SSN holders? thanx sarah
    I am not sure that this is the issue.

    You do not need a SSN for a Bank Acoount, they did ask me to let them
    have it when I got it. But I doubt that they will open one for him if
    he is not there to fill the forms in. You could get an offshore account
    I suppose?.

    I do not know about Joint Accounts, we do not have one, perhaps get him
    a Credit Card might be easier on your account.

    To my mind all of this looks false for someone if I get the gist has not
    even been to the US.

    The Tax is another issue, no idea.

    Has the need for a good lawyer.

    --
    Posted via http://britishexpats.com

  17. #17
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    Default How long do Appeals take?

    Can I file for an ITIN for my husband since he isnt here? I want to add him on my taxes coming up....And are there any big name banks that allow adding sposes whom dont live in the states other than Bank One since they do not add non SSN holders? thanx sarah
    bosa,

    Starting late last fall the IRS is accepting form W-7 (the application
    for an ITIN) only in conjunction with a tax return. You can certainly
    submit your husband's W-7 with your next return.

    Were you married to your present husband at the end of 2003? And if so,
    did you file your 2003 tax return as Single? If this is your situation,
    I believe that you can file an amended return, Form 1040X, and include
    Form W-7 with it, to change your filing status to Married Filing Jointl-
    y. Filing to include a non-resident alien spouse (who will be treated
    as a resident alien for tax purposes) is a bit tricky, and you may want
    to consult a professional tax preparer who has done this before (my acc-
    ountant botched it last year and I had to straighten him out), but if
    you had much of a tax bill it could save you some money.

    If all you want out of it is the ITIN, then file the amended return as
    Married Filing Separately and include the W-7. It won't get you any mo-
    ney back, but I think it will get your husband the ITIN.

    Regards, JEff

    --
    Of course, the Internet also tells us that hot naked women want to befr-
    iend us, so we can't be 100% sure about everything we read there. (Dave
    Barry)
    Posted via http://britishexpats.com

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    Last Post: 08-18-2003, 05:56 PM

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