HELP PLEASE !!

[MrPinkman 0]

Hey guys,

been on & off here a couple times in the past. I'll try to make it brief :blush:

I came into the country legally on an F1 in 2006. Graduated in 2011. My wife & I have finally saved enough money to adjust my status. I fell out of status over a year ago when my OPT got denied for being (1) day late in responding to an RFE.

We went through the list of things we need to establish that our union is infact true, and want to have as much as we can. We're young and don't own much but we were banking on her lease and this years tax return to support our petition.

This morning she filed her taxes using Turbo Tax. We noticed on the computer screen that it said that IRS rejected our return because my d.o.b doesn't match with what they have in their records. (We filed jointly, even though she makes all the money. We were told this was perfectly normal). So we contacted SSA (Social Security) since IRS said the error was from them. And low & behold their site asks for proof of "immigration status" to correct birth date errors. We tried calling, but their offices in Ohio (where we live) close at 12pm on Wednesdays.

So here's my question, how do i fix this d.o.b issue when i'm trying to adjust my status ? I'm sure this issue will rear its ugly head down the line no matter what, but what are my options ? Do i pursue it now, or file in hopes that when my application gets in I'll have some documentation that'll help me sort it out ? Is that even feasible ?

Now, I make no excuses for my overstay. Mika & i love each other, but we're both feeling very uncertain right now.

What would YOU do ?

[rs56164 0]

Hey guys,

been on & off here a couple times in the past. I'll try to make it brief :blush:

I came into the country legally on an F1 in 2006. Graduated in 2011. My wife & I have finally saved enough money to adjust my status. I fell out of status over a year ago when my OPT got denied for being (1) day late in responding to an RFE.

We went through the list of things we need to establish that our union is infact true, and want to have as much as we can. We're young and don't own much but we were banking on her lease and this years tax return to support our petition.

This morning she filed her taxes using Turbo Tax. We noticed on the computer screen that it said that IRS rejected our return because my d.o.b doesn't match with what they have in their records. (We filed jointly, even though she makes all the money. We were told this was perfectly normal). So we contacted SSA (Social Security) since IRS said the error was from them. And low & behold their site asks for proof of "immigration status" to correct birth date errors. We tried calling, but their offices in Ohio (where we live) close at 12pm on Wednesdays.

So here's my question, how do i fix this d.o.b issue when i'm trying to adjust my status ? I'm sure this issue will rear its ugly head down the line no matter what, but what are my options ? Do i pursue it now, or file in hopes that when my application gets in I'll have some documentation that'll help me sort it out ? Is that even feasible ?

Now, I make no excuses for my overstay. Mika & i love each other, but we're both feeling very uncertain right now.

What would YOU do ?

Go to SS office with proof of DOB. You will need birth certificates for you and him for AOS filing. Did you not supply birth certificates already?

Edited February 7, 2013 by rs56164

[Ban Hammer 12,884]

stop making duplicate topics. 4 have been removed already. ty.

[AnotherLostSoul 167]

I would do what one suggested:

1. go to SSA office physically with your birth certificate in your original language as well as translated and notarized (or officially translated- whichever you like). Alternatively, you can also take your school transcript along that has your DOB is on it. Tell them you'd like to check if your dob is current in their record as upon filing tax return IRS says there's an error regarding your dob.

2. I think you could alternatively submit the package without the "joint tax return" and include that with your interview when it comes. After all, tax return is due in the middle of April (15th, I believe) and you guys are not obligated to file before that date, so meaning you might not have that available at the very moment when sending off the AOS package. Just include the US citizen's previous tax returns (even if that is not "joint"). And then when the interview comes by that time you might going to be able to submit the correct dob joint tax return.

Note: You may get RFE if there's issue with your DOB whn they are trying to put stuff from the AOS forms into the database, but it is not straight denial and you'll might have it all fixed by the time you'll get your RFE so even though that'll slow your process, but also gives you a bit more time to fix this. People, yelp in if I'm way off here, I am not 100% sure on this!!!

3. Alternatively, you could fix this issue first by going to SSA physically and let them change it as I said in number 1 option and then send your whole AOS package....

Good luck!