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Nkay

PLEASE READ. Your help is needed!

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Let me first start off by saying that everyone here is doing a good job providing info which some of us could really use. Thank you all.

Now let me get down to my problem ( and please bear me with as I explain my scenerio)

I have been a US citizen (thru naturalization) for 7+ yrs and my wife has been a permanent resident for almost 3.5 years now. Ever since she became a permenant resident, she has never worked and has never attended school besides taking a few classes for 1-2 semesters. My wife became a PR in 2008 and we have lived together at my father's house until 2010, when we relocated to another state for my RN program. From Jan, 2010- Dec, 2011, we lived in an apartment for which the lease by signed by me and my father. My wife's name was not on it cause the place was credit based. After that, we moved to another apartment complex within the same state for which we (my wife and I) signed the lease together. This was her first lease with me. She qualifies for 3 yr marriage based rule and we were going to send in her n400 on april 3 next week.

my first question pertains to our (me and my wife's) taxes. I have only worked for the past 2 years and have no employment history prior to that as i have been focusing on my education while my father (God bless him) supported me all these years and also my wife (when she came to US about 3.5 yrs ago). He was also her sponsor when we sent in her app for US Visa overseas. He has always wanted me to focus on my education first and i am currently in an RN Nursing program.

My first tax return was for 2010 which i filed wrongly as single even though my current wife and i were married and living together at the time. i take the blame for not double checking my return but nevertheless, i did send in my 1040x last week to have that year amended (on my own without IRS notifying me). That was my FIRST tax return, which i am hoping gets amended in the next 2-3 months (before she is called for interview (provided everything moves along smoothly). fingers crossed.

My second tax return was for last year (2011) which i filed correctly with my wife as Married Filing Jointly. My wife has never had income since she became a PR by the way. So that makes it 2 years of taxes for me. Since my wife has never worked, I take it that Immigration Officer will want to know about her source of income and that's where my taxes come in.

Now my question is that is not having taxes for past 3 years going to be any problem for her? I can and will provide a letter for the Immigration Officer stating that I have supported my wife for past 2 years and my father (her father-in-law) has suported us both prior to that. I can also obtain a similar letter from my father. Do i also have to obtain my father's transcript for the 3rd year(2009)?

My second questions pertains to our living together. Even though we have been happilly living together for all these years, we have no real proof. We (my wife & I) have signed a lease together for our current apartment from Jan, 2012 until now which will end at end of this year. This is our first lease together. The lease I had prior to that had my dad's name (along with me as co-signer) on it cuz it was credit based and my wife has no credit since she never worked. Besides the lease, we have started preparing for interview and have recently opened an account together and got both of our names on utility bills. She has also updated her out-of-state ID to include our most recent address on it. However, all of this occured this year and not in the past 3 years. All of these documents fulfill the requirement for residing in same state/place for 3 months prior to filing but will these be enough to show that we are sill married and living together, provided that we also provide our marriage certificate?

The only old proof that I could find which shows that she was living at the same address as mines was one of her letter which came on my father's address about a month or two after she came to USA (in 2008) when we were living with my father in another state. Other than that, she has had no letter on her name.

Another thing is those classes I mentioned earlier. She took those in 2008 and that might be another proof that we were still living together at that time (same address as mines).

Is all this going to be any problem for her? If so, what steps would you recommend?

Thank you so much for reading. I hope to hear from you guys soon and have a good day.

Edited by Nkay

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If she was a LPR for 3 1/2 years, you are happy and have other things to do, why not wait another 15 months and just have her apply for the five year? Some of these USCIS's IO's take this so-called marriage thing to the nth degree.

Stepdaughter barely turned 18 when her mom received her naturalization so had to wait the full five years before applying, going to college, we supported her, its not like we were checking off each calendar day thinking those two extra years would never go by, just went on with our lives. My wife's boss just received her naturalization last month, also waited five years, went smooth and fast for her, she didn't have a 50 buck traffic violation that caused a minor delay she had to prove she paid.

Just the form, the check, a copy of her green card, and two passport photos they don't even use anymore is all you need. No tax returns, no proof you are living together. Stepdaughter wasn't even married, wife's boss was, both had a very short ten minute interview.

Wife and I pushed for the three year, had to provide tons of proof we were paying taxes and bills together as a sign of our love for each other, and wonder why. They claim the most important reason is to vote, okay, she got a chance to vote in a primary election where the two candidates were already chosen before they reached our state. Also in a local election where 95% of the candidates ran unopposed. Our big motivation was for her to get a US passport so we didn't have to go to a consulate in Chicago and fight with her home country to get that. That was a complete waste, DOS says she still has to maintain her foreign passport due to an agreement they made with her home country while being drunk at one of their parties. But at least this time, they were nice to her, still wanted a small fortune in US dollars cash.

Last election, wife didn't even want to vote, polls are opened for eleven hours, she was on a twelve hour shift, required to find a substitute and use up an hour of her very limited vacation time to vote. In her home country, voting is a national holiday. This is how far out of sync the USCIS is with the rest of our government. Did click on the news that night, voter turn out was something like 10%. Could have received SS disability benefits if she was over 55, but those that did have to give a good share of those benefits to an attorney to even get them, wasn't an issue with us.

Another reason why we applied early is so she got petition for her son, was told to wait until she received her citizenship. Obama has different ideas, pushing on the middle east and Africans for immigration, Latin America was pushed way behind the lines, three years went by and nothing. I couldn't petition for him, he barely was over 21 years old. USCIS doesn't give a good damn about keeping a family together. But one good thing, we still can send money to Venezuela to help support him, even though we can't even bring out a single bolivar.

Wife left a high paying job working for Johnson & Johnson, was the executive assistant to the general manager, but that sure changed with Chavez, killed that company and laid off over 600 people. Still in contact with her co-workers, they can't even make ends meet, so in a way, happy to be here. But this country is going through the same thing.

We are still very happy living together, but have to work our cans off for property taxes and the oil companies. Was nice studying that civics test with her to see how great this country is suppose to be. Feel the USCIS is living in a dream world.

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I agree, the very easiest way to get your wife's naturalization done is simply wait until she completes her 5 years of residence.

Filing N-400 based on marriage after 3 years is a big hassle - and could go wrong or take longer than necessary.

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wife a permanent resident for 3.5 years now?

Did she come into USA as an IR-1 visa holder?

IF NOT,

then i think you've skipped some step for Removal of conditions.

A Removal of Conditions case is more about showing the evidence of financial co-mingling. You've raised questions on financial co-mingling, which, IMO, are best addressed when filing that ROC case.

So. please check her greencard, study the dates printed there - just in case she's out of status.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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wife a permanent resident for 3.5 years now?

Did she come into USA as an IR-1 visa holder?

IF NOT,

then i think you've skipped some step for Removal of conditions.

A Removal of Conditions case is more about showing the evidence of financial co-mingling. You've raised questions on financial co-mingling, which, IMO, are best addressed when filing that ROC case.

So. please check her greencard, study the dates printed there - just in case she's out of status.

+1

Beat me to it. :)

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Let me first start off by saying that everyone here is doing a good job providing info which some of us could really use. Thank you all.

Now let me get down to my problem ( and please bear me with as I explain my scenerio)

I have been a US citizen (thru naturalization) for 7+ yrs and my wife has been a permanent resident for almost 3.5 years now. Ever since she became a permenant resident, she has never worked and has never attended school besides taking a few classes for 1-2 semesters. My wife became a PR in 2008 and we have lived together at my father's house until 2010, when we relocated to another state for my RN program. From Jan, 2010- Dec, 2011, we lived in an apartment for which the lease by signed by me and my father. My wife's name was not on it cause the place was credit based. After that, we moved to another apartment complex within the same state for which we (my wife and I) signed the lease together. This was her first lease with me. She qualifies for 3 yr marriage based rule and we were going to send in her n400 on april 3 next week.

my first question pertains to our (me and my wife's) taxes. I have only worked for the past 2 years and have no employment history prior to that as i have been focusing on my education while my father (God bless him) supported me all these years and also my wife (when she came to US about 3.5 yrs ago). He was also her sponsor when we sent in her app for US Visa overseas. He has always wanted me to focus on my education first and i am currently in an RN Nursing program.

My first tax return was for 2010 which i filed wrongly as single even though my current wife and i were married and living together at the time. i take the blame for not double checking my return but nevertheless, i did send in my 1040x last week to have that year amended (on my own without IRS notifying me). That was my FIRST tax return, which i am hoping gets amended in the next 2-3 months (before she is called for interview (provided everything moves along smoothly). fingers crossed.

My second tax return was for last year (2011) which i filed correctly with my wife as Married Filing Jointly. My wife has never had income since she became a PR by the way. So that makes it 2 years of taxes for me. Since my wife has never worked, I take it that Immigration Officer will want to know about her source of income and that's where my taxes come in.

Now my question is that is not having taxes for past 3 years going to be any problem for her? I can and will provide a letter for the Immigration Officer stating that I have supported my wife for past 2 years and my father (her father-in-law) has suported us both prior to that. I can also obtain a similar letter from my father. Do i also have to obtain my father's transcript for the 3rd year(2009)?

My second questions pertains to our living together. Even though we have been happilly living together for all these years, we have no real proof. We (my wife & I) have signed a lease together for our current apartment from Jan, 2012 until now which will end at end of this year. This is our first lease together. The lease I had prior to that had my dad's name (along with me as co-signer) on it cuz it was credit based and my wife has no credit since she never worked. Besides the lease, we have started preparing for interview and have recently opened an account together and got both of our names on utility bills. She has also updated her out-of-state ID to include our most recent address on it. However, all of this occured this year and not in the past 3 years. All of these documents fulfill the requirement for residing in same state/place for 3 months prior to filing but will these be enough to show that we are sill married and living together, provided that we also provide our marriage certificate?

The only old proof that I could find which shows that she was living at the same address as mines was one of her letter which came on my father's address about a month or two after she came to USA (in 2008) when we were living with my father in another state. Other than that, she has had no letter on her name.

Another thing is those classes I mentioned earlier. She took those in 2008 and that might be another proof that we were still living together at that time (same address as mines).

Is all this going to be any problem for her? If so, what steps would you recommend?

Thank you so much for reading. I hope to hear from you guys soon and have a good day.

Not filing a tax return for the years you didn't have income is fine. You only have to file a return if you made more income than x amount of dollars. Bear in mind that interest in a bank account is also considered income, although not earned income.

The N-400 interview letter that I received suggests that the IRS has some form stating you haven't filed for a particular year. I've never heard of that but you might wanna verify that with the IRS. You don't need to submit tax information if you can provide other information like joint bank account. However, later at interview they want you to bring your tax information.

If your father financially supported you guys he might have put you and your wife as a dependent on his return. If so, take a transcript of those returns to the interview.

There is some explaining to do on your part for filing single instead of MFJ in the years after. There is no logical explanation for filing single as MFJ filing status is more beneficial for tax purposes. In fact, you're not even allowed to claim you're single on a tax return if married. Ammending the return is the right way of fixing this with the IRS but USCIS might question this.

Edited by ManuFred

N-400 application timeline

02-22-2012-- (00): documents sent

02-23-2012-- (01): NOA date

02-27-2012-- (05): check cashed

03-02-2012-- (09): bio appointment notice sent, bio date 03-15 (23)

03-05-2012-- (12): bio notice received

03-06-2012-- (13): early bio

03-12-2012-- (19): in line for interview scheduling

03-21-2012-- (28): scheduled for interview

03-28-2012-- (35): interview notice received

05-02-2012-- (70): interview. Rec. for Approval!

05-16-2012-- (84): in line for oath scheduling

06-19-2012-(118): scheduled for oath

06-21-2012-(120): oath letter received

07-06-2012-(135): oath

Passport application timeline

07-10-2012-- (00): application sent (card+book/routine service)

07-17-2012-- (07): application status online

07-26-2012-- (16): application on hold (name too long)

07-28-2012-- (18): RFI Tucson passport center (proposed shortened name) letter received

07-30-2012-- (20): reply sent to Tucson passport center

08-18-2012-- (39): passport book received

08-21-2012-- (42): passport card received

08-21-2012-- (42): CON received

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Those years she went to schoo, 1 or 2 semesters, what address did she use? Any copies of records there with your address?


2001-2008 F1

08/2008 - AOS VSC

07/2009 - end of 8yrs of grad sch

02/14/09 - ID, GC approved

02/27/09 - CGC rcvd

11/16/2010 - 751 sent - CSC

03/29/2011 - 751 approved

11/15/11 - N400 Sent

11/18/11 - Notice Date

01/27/12 - Interview Date

03/15/12 - Oath Ceremony

event.png

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Darnell: Yes, she came as a IR1 Visa. Her green card was issued at the airport when she arrived here in the US and her green card is valid for 10 years. It was issued in 2008 and expires in 2018.

ManuFred: I'll double check on that. For the interest part, i did not have any interest. As for filing single, yes, it was a mistake but would uscis reject her n400 based on this 1 mistake which i am getting fixed via right route?

Jupiter: Yes, we have records. She used the same address that i used while residing there along with the rest of my family. I can provide several proofs of me living at that address simultaneously.

The rest of you guys: Thanks for replying but we just cannot wait. :D We are only 5 months over the 3 years waiting period due to legitimate reason. :D. We are planning a trip at the end of this year and we'd like to be done with this whole process by that time so both of us fly using our US passorts :D

Edited by Nkay

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OK OK OK - relax you.

Are you in a financial position to start the co-mingling, or no ?

IMO, though - I say it's not so needed, when applying for Citizenship.

You'll need to prove up you were at the same place with yer spouse over that time period, so focus on that, for the rest of this week and the weekend, pulling out whatever receipts you can.

Good Luck !


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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OK OK OK - relax you.

Are you in a financial position to start the co-mingling, or no ?

IMO, though - I say it's not so needed, when applying for Citizenship.

You'll need to prove up you were at the same place with yer spouse over that time period, so focus on that, for the rest of this week and the weekend, pulling out whatever receipts you can.

Good Luck !

Well we have our current lease under both of our names. Besides this, we also have 2 of our utilities bill together and so is our bank account. What else would you recommend besides all this? (As far as real estate or any such matter, I don't own any at this point and cannot afford any).

Regarding your second question, well...the thing is that we usually do not hold on to our reciepts for more than 3-4 months (and that's only if something goes wrong with the item and we have to return it within the time frame) and hence, it'll be hard (i.e. impossible) for me to pull out any old reciepts.

Now one thing I can do is that we can get maybe few references letters for my wife when she took the classes in my college from her teachers verifying that we were living together at the moment and they would often see us together. For instance, I would often finish up my classes on second floor and come downstairs where my wife would finish her class up so that we can leave together. This will also verify that all this occurred in 2008 (right after she came to US) and that we were together at that time and are also together now. Good idea?

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^^^

In addition to what I said above, here's what we have so far (I'm only counting the major stuff relating to our M. Status):

1. Marriage certificate

2. Joint bank account opened this year

3. Joint lease for this year (signed 3 months ago)

4. Joint utility bills

5. Current state ID with current address for both of us

6. Old out-of-state ID with same address for both of us (although it does not show the apartment, the address listed on both of our old ID is the same and the IDs are from about 3 years ago).

7. Old college IDs for same college for both of us (from about 3 years ago)

8. Old letter sent by SSA on my wife (Applicant)'s name at the same address previously used by me (i.e. where both of us were living together over 3 years ago).

9. Tax return for last 2 years (1 MFJ and 1 filed as 'single' which is sent for amendement to have it fixed).

In addition to the above, I can also obtain reference letters from friends, family, and my wife's old teachers verifying us living togther.

Another thing which I remembered is that we can also obtain my wife's medical records from our physician in our previous state (from 2008) which has our old out-of-state address on it. Both of us went together when she had to visit our physician.

What do you guys think?

Edited by Nkay

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Son called me yesterday with frustrations he is having with the state DNR regarding a well, based on the legal differences between the words AND and OR. Said if you read a recipe that calls for one cup of butter OR margarine, state would have you put both in for really a greasy cake.

Commented the USCIS is the same way with that new supplement loaded with the words, OR! But ironically completed contradicted in the N-400 instructions and the M-476 manual.

In that supplement that says, OR, to them, that really means AND.

Seems like if some people can't make it in the private world due to intelligence shortcomings, can always get a job with a degree of some sort with the government. Latest examples of this is in our town, two idiot attorneys couldn't make it in private practice. So one is a judge, the other is the district attorney. Can also toss in the building inspector, none of these guys knows the difference between OR or AND.

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Darnell: Yes, she came as a IR1 Visa. Her green card was issued at the airport when she arrived here in the US and her green card is valid for 10 years. It was issued in 2008 and expires in 2018.

ManuFred: I'll double check on that. For the interest part, i did not have any interest. As for filing single, yes, it was a mistake but would uscis reject her n400 based on this 1 mistake which i am getting fixed via right route?

Jupiter: Yes, we have records. She used the same address that i used while residing there along with the rest of my family. I can provide several proofs of me living at that address simultaneously.

The rest of you guys: Thanks for replying but we just cannot wait. :D We are only 5 months over the 3 years waiting period due to legitimate reason. :D. We are planning a trip at the end of this year and we'd like to be done with this whole process by that time so both of us fly using our US passorts :D

If you are naturalized US citizen, your wife has to follow the 5 year rule for citizenship application. The 3 year rule only applies to spouse of US born citizen. You have to wait 1.5 years more.

Edited by rheanick

K1 Process:

May 1, 2008 Submitted I-129F to CSC

May 8, 2008 Received by CSC

May 9, 2008 NOA1

May 18, 2008 Touched

October 9, 2008 RFE

October 28, 2008 RFE Reply

October 29, 2008 Touched

October 30, 2008 Touched

November 1, 2008 NOA2 (HardCopy)

November 11, 2008 Letter from NVC (Hardcopy)

November 14 & 17, 2008 Medical (Passed)

November 26, 2008 Interview (Passed)

December 5, 2008 Visa Received

December 23, 2008 US Entry (POE: Hawaii)

February 7, 2009 Private Wedding

AOS Process:

March 9, 2009 Mailed AOS Application via Express Mail (I-485, I-765, I-131)

March 10, 2009 USPS confirmed that AOS application was delivered and received in Chicago

March 18, 2009 Received NOA for AOS, EAD and AP

April 8, 2009 Biometrics Done

April 27, 2009 AP Approved

May 1, 2009 AP received in the mail

May 2, 2009 EAD card received in the mail

May 29, 2009 AOS interview (Approved)

June 29, 2009 GC received

ROC Process

March 1, 2011 Mailed I-175 Application via Express Mail

March 4 ,2011 NOA for I-175

April 05,2011 Biometrics [Early Biometrics March 22, 2011]

April 21,2011 Approval

April 27,2011 10 Year Green Card Received

Naturalization Process

March 6, 2012 Mailed N-400 Application via Express Mail

[/size]

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If you are naturalized US citizen, your wife has to follow the 5 year rule for citizenship application. The 3 year rule only applies to spouse of US born citizen. You have to wait 1.5 years more.

Though reading the US citizenship application reveals that your wife could apply now for US citizenship. But stories from actual applicants who are spouses of naturalized US citizen shows otherwise. It would ve interesting to know if you applied and USCIS accepts it.


K1 Process:

May 1, 2008 Submitted I-129F to CSC

May 8, 2008 Received by CSC

May 9, 2008 NOA1

May 18, 2008 Touched

October 9, 2008 RFE

October 28, 2008 RFE Reply

October 29, 2008 Touched

October 30, 2008 Touched

November 1, 2008 NOA2 (HardCopy)

November 11, 2008 Letter from NVC (Hardcopy)

November 14 & 17, 2008 Medical (Passed)

November 26, 2008 Interview (Passed)

December 5, 2008 Visa Received

December 23, 2008 US Entry (POE: Hawaii)

February 7, 2009 Private Wedding

AOS Process:

March 9, 2009 Mailed AOS Application via Express Mail (I-485, I-765, I-131)

March 10, 2009 USPS confirmed that AOS application was delivered and received in Chicago

March 18, 2009 Received NOA for AOS, EAD and AP

April 8, 2009 Biometrics Done

April 27, 2009 AP Approved

May 1, 2009 AP received in the mail

May 2, 2009 EAD card received in the mail

May 29, 2009 AOS interview (Approved)

June 29, 2009 GC received

ROC Process

March 1, 2011 Mailed I-175 Application via Express Mail

March 4 ,2011 NOA for I-175

April 05,2011 Biometrics [Early Biometrics March 22, 2011]

April 21,2011 Approval

April 27,2011 10 Year Green Card Received

Naturalization Process

March 6, 2012 Mailed N-400 Application via Express Mail

[/size]

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If you are naturalized US citizen, your wife has to follow the 5 year rule for citizenship application. The 3 year rule only applies to spouse of US born citizen. You have to wait 1.5 years more.

Nope, the US spouse needs to be a US citizen for at least three years. (See N-400 section, who can file) If you would have been right, I would be denied as my wife is not born as a USC. :)

However, you do have a good point. If time permits, why not waiting for the 5 year point. Would make your life easier. Her GC is valid for another 6 years so wouldn't hurt to wait.


N-400 application timeline

02-22-2012-- (00): documents sent

02-23-2012-- (01): NOA date

02-27-2012-- (05): check cashed

03-02-2012-- (09): bio appointment notice sent, bio date 03-15 (23)

03-05-2012-- (12): bio notice received

03-06-2012-- (13): early bio

03-12-2012-- (19): in line for interview scheduling

03-21-2012-- (28): scheduled for interview

03-28-2012-- (35): interview notice received

05-02-2012-- (70): interview. Rec. for Approval!

05-16-2012-- (84): in line for oath scheduling

06-19-2012-(118): scheduled for oath

06-21-2012-(120): oath letter received

07-06-2012-(135): oath

Passport application timeline

07-10-2012-- (00): application sent (card+book/routine service)

07-17-2012-- (07): application status online

07-26-2012-- (16): application on hold (name too long)

07-28-2012-- (18): RFI Tucson passport center (proposed shortened name) letter received

07-30-2012-- (20): reply sent to Tucson passport center

08-18-2012-- (39): passport book received

08-21-2012-- (42): passport card received

08-21-2012-- (42): CON received

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