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emzie1007

A few questions regarding AOS

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Filed: Other Timeline

Hey guys, I have some questions and was hoping some people could help me with the answers. First off, my husband who is the citizen has been filing his taxes as single. He has been doing this as he asked a lawyer who said that he cannot legally file as married seems I do not have a social security number, however, i read someone else's case on here who said that they did the same thing and when they went for the interview the interviewer said that they should of filed as married. Does anyone know anything about this? Also, my husband and I have been saving for AOS, but I had my medical about 3 months ago now. Is this a problem seems when we file my medical will be about 3 months old? Also, do all people adjusting status send it to the Chicago lockbox? Lastly, i live in texas and read somewhere that special requirements may apply, but when I opened the link it said it was expired. Does anyone know about this? Thankyou!

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Hey guys, I have some questions and was hoping some people could help me with the answers. First off, my husband who is the citizen has been filing his taxes as single. He has been doing this as he asked a lawyer who said that he cannot legally file as married seems I do not have a social security number, however, i read someone else's case on here who said that they did the same thing and when they went for the interview the interviewer said that they should of filed as married. Does anyone know anything about this? Also, my husband and I have been saving for AOS, but I had my medical about 3 months ago now. Is this a problem seems when we file my medical will be about 3 months old? Also, do all people adjusting status send it to the Chicago lockbox? Lastly, i live in texas and read somewhere that special requirements may apply, but when I opened the link it said it was expired. Does anyone know about this? Thankyou!

physical is valid with one year, so you are fine.

Edited by LindaC1990

jF5Jm7.png


AOS from F1:
Day0 -- 2012.05.08 Sent packet through USPS
Day1 -- 2012.05.09 Packet delivered at 1:29pm
Day7 -- 2012.05.15 Emails/texts acceptance confirmation at 5:16pm
Day8 -- 2012.05.16 Checks been cashed in the morning
Day11--2012.05.19 I-797C 4 hard copies received.
Day14--2012.05.22 Biometrics Appointment received. Scheduled for June 5th.
Day15--2012.05.23 Biometrics Completed at 1:30pm (2 weeks earlier than the scheduled date)
Day27--2012.06.04 Card production ordered for EAD&AP
Day28--2012.06.05 Second card production ordered email received for EAD.(why?)
Day30--2012.06.07 EAD&AP Combo Card mailed
Day32--2012.06.09 EAD&AP Combo Card received
Day98--2012.08.14 Interview scheduled for Sep.18th @12:30pm(thank god I don't have school that day)
Day100-2012.08.16 Interview notice hard copy received
Day133-2012.09.18 Interview!! I-485 updated to Card Production around 3:30pm
Day134-2012.09.19 Online Update: I-130 approved; I-485 New permanent Resident Status Registered.
Day136-2012.09.21 Second Card production Email.
Day141-2012.09.26 GreenCard received. (Done for 2 years!)

ROC:

Day0 -- 2014.07.07 Sent package to CSC by USPS

Day1 -- 2014.07.08 Package delivered

Day3 -- 2014.07.10 Check has been cashed

Day4 -- 2014.07.11 I-797 Hard Copy Received

Day12--2014.07.19 Biometrics Appointment received. Scheduled for Aug 5th.

Day23--2014.07.30 Biometrics Completed @1pm (6 days early)

Day95--2014.10.10 Card Production

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Filed: AOS (apr) Country: Canada
Timeline

I was told to absolutely NOT file as "single" because I was married, and filing single would be dishonest. So, I filed married, requested a ITIN for my husband (they'll give those out to aliens for tax purposes) and have filed married jointly for the past 2 years.

I don't know what immigration will tell you, but I have not had any issues with the IRS. In fact, getting the ITIN made it easier for my husband to be added to my bank account, health insurance, etc.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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Filed: Other Timeline

I was told to absolutely NOT file as "single" because I was married, and filing single would be dishonest. So, I filed married, requested a ITIN for my husband (they'll give those out to aliens for tax purposes) and have filed married jointly for the past 2 years.

I don't know what immigration will tell you, but I have not had any issues with the IRS. In fact, getting the ITIN made it easier for my husband to be added to my bank account, health insurance, etc.

I dont know if the situation is different for me? I am on an f-1 student visa and I am not allowed to work, and have no social. too be honest I am completely confused by this whole thing!

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Filed: AOS (apr) Country: Canada
Timeline

I don't know much about different visas or anything like that. I was told the IRS isn't terribly concerned about your immigration status, they just want the right numbers on the forms. I believe I got the instructions off the IRS website, but it's been a couple years. I looked up something about alien spouse and got detailed instructions on what to do. I know my husband had to write a notarized letter agreeing to be treated as a US citizen for tax purposes, and to report all income. (He didn't have any, so it was no big deal.)

If you did it incorrectly, I don't think it's terribly difficult to file an amended tax return.

Edited by SterlingDandT

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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Filed: AOS (apr) Country: Canada
Timeline

I dont know if the situation is different for me? I am on an f-1 student visa and I am not allowed to work, and have no social. too be honest I am completely confused by this whole thing!

Your situation is no different than anyone else's. Your husband should not have taken tax advise from a lawyer. ;). In fact I would take very little advise on any topic from a lawyer, they aren't all that educated on how things really work - they are just good at pretending to know. :rofl:

He should file an amendment to his taxes and just file as married filing seperately and where it asks for your social just put NRA (non resident alien), or you can also get a ITIN if he wants the benefits of filing jointly. He under no circumstances should be filing single.

There are no differences because you live in Texas either? Why in the world would there be...I know they think they are special, but really? LoL

Read the guides here and you will be well educated on how you need to proceed. They will answer most of your questions and the ones they don't you can get from asking here.

You will be filing concurrently and will follow the instructions from USCIs which is, yes, to send your forms to Chicago.

Your medical is good for a year.

Good luck. :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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I dont know if the situation is different for me? I am on an f-1 student visa and I am not allowed to work, and have no social. too be honest I am completely confused by this whole thing!

I am here on F1 too, full time student with no income,no SSN, no need to file taxes.

Also Me and my husband only been married for 2 months, there is no way we can file taxes together "right now".

So that's never a problem to us.

Maybe someone will have this kind of experience to share. best of luck :)

jF5Jm7.png


AOS from F1:
Day0 -- 2012.05.08 Sent packet through USPS
Day1 -- 2012.05.09 Packet delivered at 1:29pm
Day7 -- 2012.05.15 Emails/texts acceptance confirmation at 5:16pm
Day8 -- 2012.05.16 Checks been cashed in the morning
Day11--2012.05.19 I-797C 4 hard copies received.
Day14--2012.05.22 Biometrics Appointment received. Scheduled for June 5th.
Day15--2012.05.23 Biometrics Completed at 1:30pm (2 weeks earlier than the scheduled date)
Day27--2012.06.04 Card production ordered for EAD&AP
Day28--2012.06.05 Second card production ordered email received for EAD.(why?)
Day30--2012.06.07 EAD&AP Combo Card mailed
Day32--2012.06.09 EAD&AP Combo Card received
Day98--2012.08.14 Interview scheduled for Sep.18th @12:30pm(thank god I don't have school that day)
Day100-2012.08.16 Interview notice hard copy received
Day133-2012.09.18 Interview!! I-485 updated to Card Production around 3:30pm
Day134-2012.09.19 Online Update: I-130 approved; I-485 New permanent Resident Status Registered.
Day136-2012.09.21 Second Card production Email.
Day141-2012.09.26 GreenCard received. (Done for 2 years!)

ROC:

Day0 -- 2014.07.07 Sent package to CSC by USPS

Day1 -- 2014.07.08 Package delivered

Day3 -- 2014.07.10 Check has been cashed

Day4 -- 2014.07.11 I-797 Hard Copy Received

Day12--2014.07.19 Biometrics Appointment received. Scheduled for Aug 5th.

Day23--2014.07.30 Biometrics Completed @1pm (6 days early)

Day95--2014.10.10 Card Production

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Filed: AOS (apr) Country: Canada
Timeline

I found this http://www.visajourney.com/forums/topic/294161-itin-number-for-taxes/

This person describes exactly what I did:

"I looked the posting from other people. They disagreed with me. I was getting a different answer from different people. Some said single , some married filing seperately and other jointly. Today I went to IRS assistance center and talked with tax professional around half an hour. She told me that I have to file either filing jointly or married filing seperately. She told me:

1 GEt the passport copy notorized

2 Fill 1040 form and should be signed by both husband and wife

3 Get w-7 filled and signed from spouse

4 Submit w-7 along with 1040 at IRS assistance center or by mail to IRS"

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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Filed: AOS (apr) Country: Canada
Timeline

I just want to add, that if your husband amends his tax return and makes it "married filing jointly", he'll probably get a refund. So, that's another bonus. :)

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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Filed: AOS (apr) Country: Canada
Timeline

Filing concurrently? what do you mean? Oh my I am new to this. lol

Sorry, filing concurrently is just what we call AOSing where you file the I-130 and the I-485 together.

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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Just to put my tuppence worth in, when my husband filed his taxes this year he filed as married and had me put on it. No questions no arguments. I think your lawyer needs to stop giving advice. As for the medical, I did mine in Dec, didn't file till March, no problems no Request for Further Info. Can't remember what the other question was. Sorry

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

ticker.png

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