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Freedove7

I just got my receipt notice.So excited !! But I have a few questions..

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Filed: Country: Haiti
Timeline

I mailed my application on April 11th and USCIS received it on the 16th.I decided to do this in two steps so I had sent the I130 back in January.I submitted a copy of the NOA with the AOS package and wrote a letter asking them to please make my case concurrent.So I see that my priority date is January 2012...So my case did become concurrent right ?? So its like I did the one step process in January ? What date are they working on now?Also the 17th was the last day to file taxes,so since they received it on the 16th,they wont need this year's tax? My joint sponsor makes more than enough so hopefully my husband's tax return wont be needed.We went to an accountant and he said it would be difficult for my husband to file since he gets paid off the book..long story.Anyhow,we sent his tax info for the 3 most recent tax yrs he did file for...We've been married for almost 5 yrs,been together since I was a teenager,we have a kid..Since I am temporarily legal and have a valid social,do I have a good chance of being granted Permanent Residency? Im excited but im still very nervous.I waited years for this moment.It feels surreal...so if all goes well,since my priority date is January 2011,when will my interview be? I was told my application was at the National Benefits Center.What goes on there and whats next ??

Edited by Freedove7

Adjustment of Status from TPS to Permanent Resident

Married on December 28,2007 <3

01/18/2012 Sent I130 to USCIS

0/25/2012 NOA received

04/11/2012 Sent AOS Package to Chicago Lockbox

04/17/2012 NOA recieved

4/23/2012 Biometric Appointment notice received

5/4/2012 Biometrics completed & the real waiting game begins !

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Filed: AOS (apr) Country: Canada
Timeline

I mailed my application on April 11th and USCIS received it on the 16th.I decided to do this in two steps so I had sent the I130 back in January.I submitted a copy of the NOA with the AOS package and wrote a letter asking them to please make my case concurrent.So I see that my priority date is January 2012...So my case did become concurrent right ?? So its like I did the one step process in January ? What date are they working on now?Also the 17th was the last day to file taxes,so since they received it on the 16th,they wont need this year's tax? My joint sponsor makes more than enough so hopefully my husband's tax return wont be needed.We went to an accountant and he said it would be difficult for my husband to file since he gets paid off the book..long story.Anyhow,we sent his tax info for the 3 most recent tax yrs he did file for...We've been married for almost 5 yrs,been together since I was a teenager,we have a kid..Since I am temporarily legal and have a valid social,do I have a good chance of being granted Permanent Residency? Im excited but im still very nervous.I waited years for this moment.It feels surreal...so if all goes well,since my priority date is January 2011,when will my interview be? I was told my application was at the National Benefits Center.What goes on there and whats next ??

How do you have a social already? Did you already have work status or something?

You shouldn't have any issues adjusting, from what I can tell...providing your original entry was legal and you have not claimed to be a US citizen on any papers...

they may very well ask for your husbands 2010 tax returns at this point...they received the application before the filing deadline but that doesn't mean anybody actually looked at it until later...I would plan on being asked for it just to be safe...some people have been asked for them, but not all.


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: Country: Haiti
Timeline

How do you have a social already? Did you already have work status or something?

You shouldn't have any issues adjusting, from what I can tell...providing your original entry was legal and you have not claimed to be a US citizen on any papers...

they may very well ask for your husbands 2010 tax returns at this point...they received the application before the filing deadline but that doesn't mean anybody actually looked at it until later...I would plan on being asked for it just to be safe...some people have been asked for them, but not all.

Im currently under temporary protected status and have been since December.My husband wasn't employed in 2010.But we sent his tax returns for 2009,2008 and 2007.I have a co sponsor also.


Adjustment of Status from TPS to Permanent Resident

Married on December 28,2007 <3

01/18/2012 Sent I130 to USCIS

0/25/2012 NOA received

04/11/2012 Sent AOS Package to Chicago Lockbox

04/17/2012 NOA recieved

4/23/2012 Biometric Appointment notice received

5/4/2012 Biometrics completed & the real waiting game begins !

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Filed: AOS (apr) Country: Canada
Timeline

Just an FYI, being unemployed does not preclude him from not filing taxes.

If he isn't including the most recent tax year he would have to send a letter explaining why he was exempt from filing along with an attachement displaying the applicable tax law. Likely in this case, the income charts from the 1040 instructions.


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: AOS (apr) Country: Kenya
Timeline

Im currently under temporary protected status and have been since December.My husband wasn't employed in 2010.But we sent his tax returns for 2009,2008 and 2007.I have a co sponsor also.

Like stated above you will get an RFE if no letter (or additional evidence if needed) was provided to explain the absence of your petitioning sponsor's (husband) tax filing in 2011 or 2010 (depending when you filed.)


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: Country: Haiti
Timeline

Like stated above you will get an RFE if no letter (or additional evidence if needed) was provided to explain the absence of your petitioning sponsor's (husband) tax filing in 2011 or 2010 (depending when you filed.)

We submitted a letter stating he was unemployed in 2010 and we sent the Aos package before the tax filinf deadline.They received my aos package on April 16 th.Are we in the clear for rfe's ??


Adjustment of Status from TPS to Permanent Resident

Married on December 28,2007 <3

01/18/2012 Sent I130 to USCIS

0/25/2012 NOA received

04/11/2012 Sent AOS Package to Chicago Lockbox

04/17/2012 NOA recieved

4/23/2012 Biometric Appointment notice received

5/4/2012 Biometrics completed & the real waiting game begins !

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Filed: AOS (apr) Country: Canada
Timeline

Not even a little bit.

They probably haven't even looked at it yet other than opening the envelope and a filing clerk resorting it....

It's not enough just to state he was unemployed.

If you submitted the applicable tax laws that precluded him from having to file, than you might not get an RFE. Otherwise expect it. It can come anytime before and even in the interview...I also would expect them to ask for the 2011 filing. If you don't get an RFE for it they could very easily ask for it in the interview. I really would expect it given that he didn't file any in 2010.

Edited by jdh

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: Country: Haiti
Timeline

Well he was unemployed.If he had no income then how can he be expected to pay taxes?We did send Irs transcripts of his 2009,2008,2007 tax returns.Do you think that will help? I expect them to consider the fact that I have a joint sponsor.When my husband applied for his citizenship ,he had no income ..Is it too late to try to solve this tax issue?An accountant said it would be a difficult process ..long story.I am hoping for the best & will stay positive.

Edited by Freedove7

Adjustment of Status from TPS to Permanent Resident

Married on December 28,2007 <3

01/18/2012 Sent I130 to USCIS

0/25/2012 NOA received

04/11/2012 Sent AOS Package to Chicago Lockbox

04/17/2012 NOA recieved

4/23/2012 Biometric Appointment notice received

5/4/2012 Biometrics completed & the real waiting game begins !

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Not even a little bit.

They probably haven't even looked at it yet other than opening the envelope and a filing clerk resorting it....

It's not enough just to state he was unemployed.

If you submitted the applicable tax laws that precluded him from having to file, than you might not get an RFE. Otherwise expect it. It can come anytime before and even in the interview...I also would expect them to ask for the 2011 filing. If you don't get an RFE for it they could very easily ask for it in the interview. I really would expect it given that he didn't file any in 2010.

The taxes thing is a bit sticky... i really thimk he should get something from irs for 2011 or 2010 at least. my money is on you getting an rfe.


03/05/12 (Day 01) Sent package

03/08/12 (Day 03) Package received

03/16/12 (Day 11) Bio Appt recieved

03/17/12 (Day 12) NOA received

03/19/12 (Day 14) Early Bio walk in

03/26/12 (Day 21) RFE notification

03/28/12 (Day 23) RFE returned

04/09/12 (Day 36) Original Bio date

04/20/12 (Day 47) Interview Appt recieved

05/03/12 (Day 60) EAD Approved

05/08/12 (Day 65) 2nd Approval

05/09/12 (Day 66) EAD Mailed

05/10/12 (Day 67) USPS picked up card

05/11/12 (Day 68) EAD in hand

05/23/12 (Day 79) Interview

ticker.png

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Filed: Country: Haiti
Timeline

The taxes thing is a bit sticky... i really thimk he should get something from irs for 2011 or 2010 at least. my money is on you getting an rfe.

Its impossible to get something for 2010 because he had no income.We filed for aos before the tax filing deadline so I heard 2011 tax return might not be needed...I hope I dont get a rfe because my co sponsor makes more than enough...

Like stated above you will get an RFE if no letter (or additional evidence if needed) was provided to explain the absence of your petitioning sponsor's (husband) tax filing in 2011 or 2010 (depending when you filed.)

How could he have filed for taxes last year if he was unemployed ? Also,we filed before the tax filing deadline.We wrote a letter explaining why he didnt submit 2010's income tax return..He had no income.He was unemployed...So what role does a co sponsor play ?

Edited by Freedove7

Adjustment of Status from TPS to Permanent Resident

Married on December 28,2007 <3

01/18/2012 Sent I130 to USCIS

0/25/2012 NOA received

04/11/2012 Sent AOS Package to Chicago Lockbox

04/17/2012 NOA recieved

4/23/2012 Biometric Appointment notice received

5/4/2012 Biometrics completed & the real waiting game begins !

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Filing for taxes is different than paying taxes. Just because he wasn't working doesn't necessarily mean he is still not obligated to file. Now, he might not be - I am not an expert in US tax laws, because - thank god - my husband handles that for us now that we are married. But I did file my taxes when I was under student visa status, and I know that as a foreign student, I had to file every year whether or not I made a dime in the US. While a student I always made under the limit of not having to pay taxes, but I still had to file. And, like I said, I would have been obligated to file even if I hadn't earned anything.

Also, even if filed your paperwork before the deadline for 2011 taxes, you might still be asked to bring those tax documents to the interview, since the interview date will take place after the tax filing deadline.

Again, none of us know for sure whether or not they'll ask for these documents - people are just advising you to be prepared to produce them, should USCIS ask for them.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Filed: AOS (apr) Country: Canada
Timeline

Indeed...

My point was that just becaus he was unemployed does not mean, necessarily, that he had no income, or had some other thing that would require him to file taxes...

This is why you supposed to include the applicable tax laws from the IrS that show why he didn't have to file. In his case, supposedly not having made any income, he would have to include the charts from the 1040 instructions that show income level requirements.

The reason you should expect an RFE, in my opinion is that you have nothing for 2010 or 2011...they don't are about 2007, 2008 or 2009.

I believe if you had 2010 but not 2011 you MIGHT have skated by, or you had 2011 and not 2010 you certainly would have been fine because they only require the last filing year...but having nothing for the past two years, I believe puts you in question. Not only do you have no taxes for 2010 or 2011 but you also conveniently filed for AOS what 1-2 days before the 2011 tax filing deadline? I would be very, very surprised if they don't ask for it. This could put a serious kink in your plans.

Frankly it doesn't matter how 'complicated' this years taxes are, he has to file them...is he planning on just not filing for this year like he did the last? That's tax fraud and speaks to, among other things, character....can you see where I am going with this? If his character is called into question it calls your whole petition into question.

Edited by jdh

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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Its impossible to get something for 2010 because he had no income.We filed for aos before the tax filing deadline so I heard 2011 tax return might not be needed...I hope I dont get a rfe because my co sponsor makes more than enough...

How could he have filed for taxes last year if he was unemployed ? Also,we filed before the tax filing deadline.We wrote a letter explaining why he didnt submit 2010's income tax return..He had no income.He was unemployed...So what role does a co sponsor play ?

As a USC you are require to file an income tax return every year from age 18 to death (if you have income you must file even if under 18 as I had to file when I was 14 YO and your decendants file your last tax return typically the year after your death). If I was your husband I would file a tax return for 2010 to show that he owed no income tax. Get a transcript of that return and one for 2011--you will be asked for it is my bet. Some people who are unemployed have investment income that has tax consequences. That is the pain of becoming a LPR and being a USC is filing US taxes on world wide income.

The co-sponsor is on the hook to repay the US government should you accept any means tested benefit from the US government until you reach 40 quarters of income (10 years), become a USC, leave the US abandoning your LPR status, or die.

Good luck with the AOS,

Dave

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Filed: AOS (apr) Country: Canada
Timeline

As a USC you are require to file an income tax return every year from age 18 to death...

That actually is not true...there are exceptions to being required to file, although even when not required you can file as there could be credits you can receive even though you weren't required to file because of having no income or some other thing that precluded you from filing.

For the reason that even with no income you could be required to file you do have to sumit along with your I-864 an explanation and attach the portion of law from the IRS that displays why you would be exempt.

But...I am getting into what I already said, so read my previous post. ;):thumbs:

Edited by jdh

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: Country: Haiti
Timeline

That actually is not true...there are exceptions to being required to file, although even when not required you can file as there could be credits you can receive even though you weren't required to file because of having no income or some other thing that precluded you from filing.

For the reason that even with no income you could be required to file you do have to sumit along with your I-864 an explanation and attach the portion of law from the IRS that displays why you would be exempt.

But...I am getting into what I already said, so read my previous post. ;):thumbs:

In the instructions it said to attach an explanation.Thats what we did.Now if they want to deny me because my husband was unemployed then so be it.I have lived here for almost 20 years and never used or even qualified for mean contested benefits.If they don't take my co sponsor's contract and promise to provide support me or repay the government for helping me ( I strongly believe I wont rely on government assistance) then oh well.There's nothing I could do about that.


Adjustment of Status from TPS to Permanent Resident

Married on December 28,2007 <3

01/18/2012 Sent I130 to USCIS

0/25/2012 NOA received

04/11/2012 Sent AOS Package to Chicago Lockbox

04/17/2012 NOA recieved

4/23/2012 Biometric Appointment notice received

5/4/2012 Biometrics completed & the real waiting game begins !

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