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Form W4 Allowances Under AOS

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Filed: K-1 Visa Country: Mexico
Timeline

Currently my wife (K1) is “out of status.” We got married well within the 90 days K1 stipulation, however our minister did not put his city and state in the address box delaying our marriage certificate by another month.

In any event, can I still change my filing status to reflect 3 allowances (she is a full-time student) even though she is not a resident, much less conditional, much less even under “adjustment of status”?

|| Adjustment of Status ||

01.09.09 :: Interview passed and conditional GC granted

11.17.08 :: Appointment Notice for Interview on 01.09.09

06.09.08 :: EAD received

06.06.08 :: AP received

06.02.08 :: EAD touched; card production ordered

05.30.08 :: AP touched

05.08.08 :: Biometrics appointment; AOS and EAD touched

04.28.08 :: Appointment Notice for Biometrics on 05.08.08

04.22.08 :: NOA1 receipt confirmation (AOS, AP, EAD)

04.21.08 :: Application fee processed

03.09.08 :: Application received by USCIS

03.07.08 :: Submitted I-485 Adjustment of Status (incl AP, EAD)

|| K1 Fiance Visa ||

12.01.07 :: Marriage date

09.29.07 :: Entered U.S. via San Ysidro POE

09.21.07 :: Cena de Compramisos - officially proposed

09.04.07 :: CDJ interview - visa granted (full report)

09.03.07 :: CDJ medical exam taken

08.11.07 :: CDJ packet received by beneficiary

07.15.07 :: CDJ packet received by petitioner

06.20.07 :: NOA2 petition approval

06.19.07 :: Touched

06.14.07 :: Touched - CSC confirmed receipt of RFE response

06.06.07 :: RFE received by CSC

05.30.07 :: RFE replied

05.28.07 :: RFE received

05.21.07 :: Touched

03.09.07 :: NOA1 receipt confirmation

03.07.07 :: Application fee processed

03.06.07 :: Application received by CSC

02.28.07 :: Submitted I-129F Petition for Fiance Visa

05.17.05 :: Registered on VisaJourney.com

12.21.04 :: She hit on me first ... really... I swear

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Currently my wife (K1) is “out of status.” We got married well within the 90 days K1 stipulation, however our minister did not put his city and state in the address box delaying our marriage certificate by another month.

In any event, can I still change my filing status to reflect 3 allowances (she is a full-time student) even though she is not a resident, much less conditional, much less even under “adjustment of status”?

i am guessing that you are talking about your pay checks?

you status should be M 2, not M 3... unless you have a kid hiding somewhere?.. .

rephrasing... it would be okay to change your paycheck filing status from S 1 to M 2

6/21/2006 - sent i130.i485,i131,i765,biometrics, sponsor

6/23/2006 - recieved by MSC

6/27/2006 - notice date on NOA

7/26/2006 - fingerprinting

recieived notice for interview... duno when

9/2/2006 - all apps touched

9/13/2006 - interview. waiting for bkground, no approve.deny case will be reviewed as my case in more complicated., i1131, i485 sepereated from file, claimed that they will be sent for processing

9/22/2006 - called national customer support., been 90 days, no interim ead (i knew i wldnt have it yet) was told to go to santa ana

9/26/2006 - office claims file is floating around somewhere in the mail room, they will find my work permit app and travel doc app and send it for processing

9/26/2006 - drive to LA to double check what they said, office at LA claims that santa ana sent work p, travel to NBC

9/27/2006 - EAD, Travel docs touched

9/28/2006 - EAD, Travel docs tocuhed

9/29/2006 - :( nothing touched, no letters no emails :(:( ---- waiting., will send letter to congressman monday

10/2/2006 - Travel Docs Touched, nothing new on EAD....Wife sent letter to congressman

10/2/2006 - Got Travel Doc in the mail

10/2/2006 9:30 PM PST, 5 email ead approved, will mail me new card

10/6/2006 10:30 AM PST, got 3 emails saying that they have mailed out an approval letter for my EAD... hmmm wheres the damn EAD,

10/7/2006 - Got EAD with a TYPO in a#!!!! in the mail

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Filed: K-1 Visa Country: Mexico
Timeline

Thanks for the response ... my concern was primarily based on whether my wife, a non-resident “out of status”, can be considered in the allowances.

As to the number of allowances ...

- Enter "1" for yourself if no one else can claim you as a dependent

- Enter "1" if:

You are married, have only one job, and your spouse does not work

- Enter "1" for your spouse.

Doesn’t that get me to 3 without exposing myself to a huge liability come tax time?

Thanks again!

|| Adjustment of Status ||

01.09.09 :: Interview passed and conditional GC granted

11.17.08 :: Appointment Notice for Interview on 01.09.09

06.09.08 :: EAD received

06.06.08 :: AP received

06.02.08 :: EAD touched; card production ordered

05.30.08 :: AP touched

05.08.08 :: Biometrics appointment; AOS and EAD touched

04.28.08 :: Appointment Notice for Biometrics on 05.08.08

04.22.08 :: NOA1 receipt confirmation (AOS, AP, EAD)

04.21.08 :: Application fee processed

03.09.08 :: Application received by USCIS

03.07.08 :: Submitted I-485 Adjustment of Status (incl AP, EAD)

|| K1 Fiance Visa ||

12.01.07 :: Marriage date

09.29.07 :: Entered U.S. via San Ysidro POE

09.21.07 :: Cena de Compramisos - officially proposed

09.04.07 :: CDJ interview - visa granted (full report)

09.03.07 :: CDJ medical exam taken

08.11.07 :: CDJ packet received by beneficiary

07.15.07 :: CDJ packet received by petitioner

06.20.07 :: NOA2 petition approval

06.19.07 :: Touched

06.14.07 :: Touched - CSC confirmed receipt of RFE response

06.06.07 :: RFE received by CSC

05.30.07 :: RFE replied

05.28.07 :: RFE received

05.21.07 :: Touched

03.09.07 :: NOA1 receipt confirmation

03.07.07 :: Application fee processed

03.06.07 :: Application received by CSC

02.28.07 :: Submitted I-129F Petition for Fiance Visa

05.17.05 :: Registered on VisaJourney.com

12.21.04 :: She hit on me first ... really... I swear

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