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Filed: F-1 Visa Country: India
Timeline

Hi everyone,

I am on F1 status and my wife recently got naturalized citizen. I filled I 130 (approved) on my own when wiffy was LPR but we decided not take any chances and file rest of things through lawyer. Our lawyer filled I 485 and I 765, we've received NOAs and I have a biometric appointment on 13th April. But today my lawyer received RFE for I485 asking for latest tax returns. I don't work officially and my wife is student and she does part time job which is not sufficient, hence my uncle did the joint sponsor. My wife had submitted every tax returns including 2011 but my uncle's tax returns were of 2009 and 2010.

The RFE also asks for medical examinations which our idiot lawyer had not informed us at all. He is saying that my uncle (joint sponsor) needs to give his latest tax returns i.e. of 2011 and my wife needs to give her W2 form of 2011. I understand about my uncle's latest tax returns but I don't get it about my wife's W2 form since she has already submitted tax returns of every years she worked.

My question

- Is our lawyer asking for right documents or is he still missing something?

- Would this create longer wait time to get Green Card?(because I am praying to get it before start of my fall semester in August)

- My credit report states that I am employed by XYZ organization which was done in order to get auto loan. Did USCIS pulled up that information and asking for MY latest tax returns? (which I don't have at all)

I really appreciate you guys reading this and being helpful. I have read my posts and this place is extremely helpful, I am seriously regretting our decision to go though lawyer.

Thanks a lot.......

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Filed: K-1 Visa Country: Canada
Timeline

You need w2's AND returns OR tax transcripts. yes, this will create a delay. You cannot work on an F-1 unless you are currently doing your OPT. NOt sure if they would know about that or not. Yes, lawyers sometimes miss steps and IMO you are better off doing it yourself because you are much more invested in making it work than a lawyer would be. Good luck, I hope you get it all straightened out.


I-129F Sent : 2011-01-20

I-129F NOA1 : 2011-01-24

I-129F NOA2 : 2011-06-08

Packet 3 Received : 2011-07-02

Packet 3 Sent : 2011-07-03

Packet 4 Received : 2011-07-21

Interview Date : 2011-08-24

Interview Result :Approved!

POE: 2011-09-12

Married: 2011-09-30

AOS filed: 2011-10-17

NOA1: 2011-10-25

Biometrics Appt: 2011-11-09

Case transferred to CSC: 2011-12-23

EAD approval: 2011-12-28

Husband secretly pulled I-864 thus cancelling I-485 application 2012-05-10

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Filed: Citizen (apr) Country: Italy
Timeline

You need w2's AND returns OR tax transcripts. yes, this will create a delay. You cannot work on an F-1 unless you are currently doing your OPT. NOt sure if they would know about that or not. Yes, lawyers sometimes miss steps and IMO you are better off doing it yourself because you are much more invested in making it work than a lawyer would be. Good luck, I hope you get it all straightened out.

I agree with you statement to some degree, but I don't think we can just say that someone is better off without a lawyer, for various reasons: some people are lost in the arsenal of forms which the USCIS uses for every specific step, some have not enough time to deal with this stuff, some have an unusually complicated case, some simply want to have that peace of mind to continue doing what they do without worrying about immigration. Lawyers are expensive? Yes they are, but the first thing I learned upon moving here is that nothing is free in this country. But so long as you get a good service, you know that you're paying for what you get.

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Filed: AOS (apr) Country: Kenya
Timeline

Your wife and uncle BOTH need to file I-864's and provide tax returns (actually, do tax transcripts) for the latest filing year....2011! 2010 and 2009 inclusions are optional, the 2011 tax returns/transcripts are NOT optional. You need to read the I-864 instructions. Provide any and all supporting evidence from your uncle showing current employment (letter from his/her boss, current pay-stubs) and whatever else you deem pertinent. Your wife will be the petitioning sponsor and your uncle the sole joint sponsor (assuming his income is above the 125% poverty level threshold.) Your uncle also has to be a US citizen or LPR and has to be domiciled in the USA. You need to provide evidence proving those two conditions.

Edited by MikeX

AOS TIMELINE (adjusting from F-1)


  • 06/24/2011 Wedding
  • 02/27/2012 Day 01 Filed AOS packet for (I-130, I-485 & I-765)
  • 02/29/2012 Day 03 Packet received @ Chicago lockbox (signed by "D Colonna")
  • 03/01/2012 Day 04 USCIS officially receives I-130 & I-765 paperwork according to their site.
  • 03/05/2012 Day 07 USCIS Acceptance (email) notification "NOA1" routed to NBC for processing.
  • 03/08/2012 Day 10 Checks cashed by USCIS.
  • 03/09/2012 Day 11 Received biometrics appointment letter; (appt. date= 03/27/2012)
  • 03/12/2012 Day 14 Hard copies (NOA1) received.
  • 03/15/2012 Day 17 RFE (requesting initial evidence) for I-485 sent (USCIS site.)
  • 03/20/2012 Day 22 RFE received (I-864 tax supporting evidence required for both petitioner + sole joint sponsor)
  • 03/27/2012 Day 29 Biometrics appointment @ local USCIS office successful. I-485 RFE responded to.
  • 04/03/2012 Day 36 USPS delivers on 3/29; USCIS officially receives RFE response (RFE Response Review)
  • 04/16/2012 Day 49 EAD approved email! Card production ordered.
  • 04/25/2012 Day 58 EAD card in hand; Get my new job on same day! smile.png
  • 04/27/2012 Day 60 USCIS mails notice for AOS interview
  • 06/01/2012 Day 95 AOS Interview (no decision)
  • 06/20/2013 Day 479 Still in limbo...waiting. sad.png (Reapplied for 2nd EAD and was approved tho)
  • 07/17/2014 Day 871 I130/I485 AOS approved.
  • 07/25/2014 Day 889 10 yr GC in hand! :)

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You need w2's AND returns OR tax transcripts. yes, this will create a delay. You cannot work on an F-1 unless you are currently doing your OPT. NOt sure if they would know about that or not. Yes, lawyers sometimes miss steps and IMO you are better off doing it yourself because you are much more invested in making it work than a lawyer would be. Good luck, I hope you get it all straightened out.

That is not entirely true. F1 students are authorized to work part-time on campus during semester, and full time during summer & winter breaks.

OP,your lawyer seems to be incompetent. You will need to get your medical done asap, and also ask your uncle for his latest tax transcript. It doesn't hurt to include your wife's W2's with it.

Also, what do you mean by "I don't work officially"? Do you mean to say that you are working under the table?

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Filed: Country: Poland
Timeline

Your wife and uncle BOTH need to file I-864's and provide tax returns (actually, do tax transcripts) for the latest filing year....2011! 2010 and 2009 inclusions are optional, the 2011 tax returns/transcripts are NOT optional. You need to read the I-864 instructions. Provide any and all supporting evidence from your uncle showing current employment (letter from his/her boss, current pay-stubs) and whatever else you deem pertinent. Your wife will be the petitioning sponsor and your uncle the sole joint sponsor (assuming his income is above the 125% poverty level threshold.) Your uncle also has to be a US citizen or LPR and has to be domiciled in the USA. You need to provide evidence proving those two conditions.

The last REQUIRED tax year is 2010 at this time.

Deadline for filing 2011 US tax return is 4/16/2012 and there is no obligation to file the return before that date.

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Filed: AOS (apr) Country: Kenya
Timeline

The last REQUIRED tax year is 2010 at this time.

Deadline for filing 2011 US tax return is 4/16/2012 and there is no obligation to file the return before that date.

It's close to 4/16. Absolutely no need to risk not including 2011 stuff. If it was 2-3 months away, then maybe.


AOS TIMELINE (adjusting from F-1)


  • 06/24/2011 Wedding
  • 02/27/2012 Day 01 Filed AOS packet for (I-130, I-485 & I-765)
  • 02/29/2012 Day 03 Packet received @ Chicago lockbox (signed by "D Colonna")
  • 03/01/2012 Day 04 USCIS officially receives I-130 & I-765 paperwork according to their site.
  • 03/05/2012 Day 07 USCIS Acceptance (email) notification "NOA1" routed to NBC for processing.
  • 03/08/2012 Day 10 Checks cashed by USCIS.
  • 03/09/2012 Day 11 Received biometrics appointment letter; (appt. date= 03/27/2012)
  • 03/12/2012 Day 14 Hard copies (NOA1) received.
  • 03/15/2012 Day 17 RFE (requesting initial evidence) for I-485 sent (USCIS site.)
  • 03/20/2012 Day 22 RFE received (I-864 tax supporting evidence required for both petitioner + sole joint sponsor)
  • 03/27/2012 Day 29 Biometrics appointment @ local USCIS office successful. I-485 RFE responded to.
  • 04/03/2012 Day 36 USPS delivers on 3/29; USCIS officially receives RFE response (RFE Response Review)
  • 04/16/2012 Day 49 EAD approved email! Card production ordered.
  • 04/25/2012 Day 58 EAD card in hand; Get my new job on same day! smile.png
  • 04/27/2012 Day 60 USCIS mails notice for AOS interview
  • 06/01/2012 Day 95 AOS Interview (no decision)
  • 06/20/2013 Day 479 Still in limbo...waiting. sad.png (Reapplied for 2nd EAD and was approved tho)
  • 07/17/2014 Day 871 I130/I485 AOS approved.
  • 07/25/2014 Day 889 10 yr GC in hand! :)

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Filed: AOS (apr) Country: Canada
Timeline

I don't think it matters if it's "close"...

If you file before the date there should be no reason to include them...


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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It's close to 4/16. Absolutely no need to risk not including 2011 stuff. If it was 2-3 months away, then maybe.

I don't think it matters if it's "close"...If you file before the date there should be no reason to include them...

FWIW, I recently got a tax-related RFE and it specifically asked for my joint sponsor's 2010 tax information.

Just read the RFE carefully and supply the information requested, if you do not have it for a legal reason then write this in a supplementary letter stating the reason why.


Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

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I don't think it matters if it's "close"...

If you file before the date there should be no reason to include them...

True, but they're unlikely to get their RFE received before the deadline.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: AOS (apr) Country: Kenya
Timeline

True, but they're unlikely to get their RFE received before the deadline.

Precisely.


AOS TIMELINE (adjusting from F-1)


  • 06/24/2011 Wedding
  • 02/27/2012 Day 01 Filed AOS packet for (I-130, I-485 & I-765)
  • 02/29/2012 Day 03 Packet received @ Chicago lockbox (signed by "D Colonna")
  • 03/01/2012 Day 04 USCIS officially receives I-130 & I-765 paperwork according to their site.
  • 03/05/2012 Day 07 USCIS Acceptance (email) notification "NOA1" routed to NBC for processing.
  • 03/08/2012 Day 10 Checks cashed by USCIS.
  • 03/09/2012 Day 11 Received biometrics appointment letter; (appt. date= 03/27/2012)
  • 03/12/2012 Day 14 Hard copies (NOA1) received.
  • 03/15/2012 Day 17 RFE (requesting initial evidence) for I-485 sent (USCIS site.)
  • 03/20/2012 Day 22 RFE received (I-864 tax supporting evidence required for both petitioner + sole joint sponsor)
  • 03/27/2012 Day 29 Biometrics appointment @ local USCIS office successful. I-485 RFE responded to.
  • 04/03/2012 Day 36 USPS delivers on 3/29; USCIS officially receives RFE response (RFE Response Review)
  • 04/16/2012 Day 49 EAD approved email! Card production ordered.
  • 04/25/2012 Day 58 EAD card in hand; Get my new job on same day! smile.png
  • 04/27/2012 Day 60 USCIS mails notice for AOS interview
  • 06/01/2012 Day 95 AOS Interview (no decision)
  • 06/20/2013 Day 479 Still in limbo...waiting. sad.png (Reapplied for 2nd EAD and was approved tho)
  • 07/17/2014 Day 871 I130/I485 AOS approved.
  • 07/25/2014 Day 889 10 yr GC in hand! :)

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Filed: AOS (apr) Country: Canada
Timeline

I would think that what matters is not the rfe, but rather the application date. If they applied before the due date than the application only requires the most recent tax year...which was 2010.

That is seen in the rfe's people are currently receiving which request 2010 tax papers, not 2011.

If anyone has some kind of actual evidence that would say something contrary I am certainly open to it..


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Filed: F-1 Visa Country: India
Timeline

Your wife and uncle BOTH need to file I-864's and provide tax returns (actually, do tax transcripts) for the latest filing year....2011! 2010 and 2009 inclusions are optional, the 2011 tax returns/transcripts are NOT optional. You need to read the I-864 instructions. Provide any and all supporting evidence from your uncle showing current employment (letter from his/her boss, current pay-stubs) and whatever else you deem pertinent. Your wife will be the petitioning sponsor and your uncle the sole joint sponsor (assuming his income is above the 125% poverty level threshold.) Your uncle also has to be a US citizen or LPR and has to be domiciled in the USA. You need to provide evidence proving those two conditions.

My wife had submitted tax returns of 2008,2009, and 2011. She did not work in 2010 so had not filled tax for that year. And about my uncle's latest tax returns i.e. 2011 we were assuming that since the deadline is 16th April it will not be required.

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Filed: AOS (apr) Country: Canada
Timeline

My wife had submitted tax returns of 2008,2009, and 2011. She did not work in 2010 so had not filled tax for that year. And about my uncle's latest tax returns i.e. 2011 we were assuming that since the deadline is 16th April it will not be required.

Why didn't you include her uncles 2010 tax return? You sent nothing for him?


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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If an interview occurs after the tax filing deadline USCIS can ask for the most recent returns, so I would assume they could expect them with an RFE answered at that point as well. I suppose it depends on how it is worded - some RFEs may ask for 2010 taxes if that is specifically what they want. I've seen others that just say "most recent year" which will soon be 2011.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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