MR193

Look up the form I messaged you as it appears I can't post the link here. On the sample form they write the First and last name in #1 and you put the whole name with middle name in #3 . I think he has just followed these instructions so you don't have to amend anything as long as his middle name appears in #3

I don't think you have to worry

I found out when I went for the second appointment that due to Hurrican Sandy the same week as my first appointment they had a glitch in the system not knowing how many people turned up for their appointment . They therefore sent out 2nd appointments for everyone that might have been affected by the weather. When I arrived at the centre the processing guy recognized me from my first appointment and apologized as it was a wasted journey for me because the first Biometric check was 100% ok . So he just added a note attaching it all together. and off home I went..... Tireing day after 5 hours on the road.

Sounds like a common error !!!!

I'm glad that part is completed now .. I'm also getting my EAD this week

Happens all the time. The FBI has a pretty high rejection rate because the USCIS morons can't take decent fingerprints.

I found out when I went for the second appointment that due to Hurrican Sandy the same week as my first appointment they had a glitch in the system not knowing how many people turned up for their appointment . They therefore sent out 2nd appointments for everyone that might have been affected by the weather. When I arrived at the centre the processing guy recognized me from my first appointment and apologized as it was a wasted journey for me because the first Biometric check was 100% ok . So he just added a note attaching it all together. and off home I went..... Tireing day after 5 hours on the road.

My wife had to do it twice, because her prints were not sufficient for the FBI check. During the second finger printing, I explained to them that her hands are very smooth and hard to get finger prints from.

We were successful the second time, and after she got her GC they sent another appointment to get her prints again. I ended up calling and got transferred to an immigration officer who said that we had to go to the interview. When we got there, a manager told us it was a mistake and apologized for the error (he also gave us a hand typed letter confirming it was a mistake).

Sounds like a common error !!!!

It did happen to me too! I had to go for a second biometrics appointment in July but as I did not want to keep waiting I just did a walk-in before that scheduled app. The second time it was right and I received my EAD-AP combo card like 2 weeks later.

In my case they informed me (by letter) that the FBI could not match my fingerprints or some like that.

When you do again the biometrics, take that letter they sent you with you. You can just do a walk-in (as I did), if you do that, try to go earlier. Sometimes, they let you to do the biometrics before the scheduled day.

I'm glad that part is completed now .. I'm also getting my EAD this week

It will be at your house within 10 business days, and you can apply for SSN once you have the EAD in your hand. The SSN will take another week. You can start applying for jobs now - it takes a little while to get hired.

Thanks . What a great Christmas present. I did the tracking and found out the EAD will arrive on friday

Will be going to SS office to get my SSN.

I have already been offered jobs at the local hospital so I better get my application completed..

It's going tobe great to work and earn money again.

If you are only coming over for a summer visit you just need to apply for a ESTA https://esta.cbp.dhs.gov/esta/

You do the application online,You get an immediate answer and a VISA Authorization# that you print out. It lasts for 2 years and you normally get 3 months authorized stay each time you visit USA during those 2 years.

'This is for Citizens of Europe only.'

Here are all the Answers to any Questions you might have.

https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm#WP3

Good Luck

I got an online notice stating: On December 6, 2012, your I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION was approved. You will be notified of the decision by mail. Please check our website at www.uscis.gov for further updates on your case, including when the approval notice is mailed. If you do not receive the approval notice within 30 days, please call customer service at 1-800-375-5283 for further assistance.

What happens next? How long does it normally take to get this sent to your home? When can I apply for SSN# ?

I want to work in one of our local Hospitals in the OR as they said there are several positions suitable for myself. Can I apply for any of the jobs before I get the EAD card ?

Congrats . I got the same message yesterday 12/06/2012 that My application for Employment Authorization was approved. Hope we don't have to wait too long for the official documents to arrive by post.. Just wondering what the next step is ?

Congrats

I just phoned an immigration officer. They told me that they could put a note on my files that I already went for a Biometric test and I would get another appointment if it's needed . But maybe it's best just to go even ifs its hours away. ( and bring some spirit wipes for my fingers ) I just want to get everything done ASAP .

Thanks for the info..

I went for a Biometric appointment on the 29 Oct . Everything was good they said at the Biometric centre and they stamped my document. Today I received another Biometric appointment for the 21st Nov at the same place . Is it normal to have it done twice ??

I'm more concerned about the IRS looking for the prior unfiled returns. File them all and put it to rest.

Filed them today.Nothing owed! All was completed correctly by us so the legal Tax Advisor just had to check it over so nothing had been missed out. Original and copies stamped and submitted by local IRS.

Unfortunately you can't do voluntary work if it's going to lead to paid work, or if you would be doing work that they would normally pay someone for. It's part of the whole "can't take job from someone who's legal to work" issue.

The Voluntary work is not connected to the job I would be doing and its in a different hospital. It is through the A Voluntary Organization that don't have enough people signed up to help. When I get my workpermit I will have to apply just as anyone else. (I don't think they would let someone volunteer in an Operating room anyway

No one is here to judge you, but by the first post it sounded as if you had moved to the US on a tourist visa and intended to adjust status. This is, by law, immigration fraud, and any member on here warning you that you'd be denied was doing you a favor.

Since this wasn't the circumstance, the situation is of course completely different.

Good luck on your journey!

Thanks, The sooner this part is complete the better it is. I just hope that workpermit and SSN won't take to long as I have a choice of working in 2 different hospitals within walking distance. They have already asked me to do voluntary work.

Knowledge is power when dealing with the IRS. Get very familiar with the publications (all on irs.gov)dealing with back taxes, collections and installment plans. Without playing 20 questions with you, I couldn't help you personally, but also look at "Offer and Compromise aka OIC". And if you don't get help after 3 attempts directly, you may be eligble to deal with Taxpayer Advocacy, a group within the IRS that works on your side.

As far as all the back taxes go, do not be surprised by penalties and interest to pile up. Non-filing penalties, late payments all start to pile up. Also be advised that you may be audited, so document everything. Be advised that as long as you don't file, you are on the hook, there is no statute of limitations on non-filing. Suggest you and spouse have a nice heart to heart on this because back taxes split up a lot of couples. Open communications and resolving to solve the problem will make it a lot easier on the marriage.

All this sounds overwhelming, but one step at a time and one day at a time and you can get through it. +++

Thank you, There will be no penalties as he didn't earn enough to warrant that. I spoke to the IRS legal dept and they were very helpful. All is ready and will be stamped and sent off today from our local IRS office.

Assests can be used to make up the short fall in income IF they are readily convertable to cash AND do not present an undue hardship if sold. The primary residence is one that is considered by the USCIS to cause undo hardship so it is disqualified. For assets, the value must be 3X the short fall if sponsoring only a spouse and 5X in all other cases. If you happen to have $60K in the bank in cash, that would work.

Dave

Thanks, We have all that covered so hopefully there will be no problems.

Filing Requirements

If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and for paying estimated tax are generally the same whether you are in the United States or abroad.

Your income, filing status, and age generally determine whether you must file an income tax return. Generally, you must file a return for 2011 if your gross income from worldwide sources is at least the amount shown for your filing status in the following table.

Filing Status* Amount

Single $9,500

65 or older $10,950

Head of household $12,200

65 or older $13,650

Qualifying widow(er) $15,300

65 or older $16,450

Married filing jointly $19,000

Not living with spouse at end of year $3,700

One spouse 65 or older $20,150

Both spouses 65 or older $21,300

Married filing separately $3,700

*If you are the dependent of another taxpayer, see the instructions for Form 1040 for more information on whether you must file a return.

http://www.irs.gov/publications/p54/ch01.html#en_US_2011_publink100047318

Since my husband earned less that the amount specified he had not filed the 2011 taxes. I thought that was OK according to this. He filed the 2010 tax and next year he will have to file the taxes because his earnings will be greater.

Thanks , That clarifies some of the things

OP I feeeeel you....chin up get a specialized pro in this matter...goodluck

Thank you

I'm not a professional but just some input on this....

For your I-864, if you outright own your house (with no mortgage payment or outstanding balance left), you would meet the requirements that the I-864 demands (I'm assuming your house is at least enough to cover both of your poverty line requirements i.e. if your house is worth more than $100K). Your asset (home) would cover the I-864.

The problem is the tax returns are going to be a red flag and may lead the IRS to look into your husband for back taxes. Who knows how that would play into the I-864, but it could.

I'd contact both an immigration lawyer and a tax professional. You could try drafting a letter yourself to state that your home (if bought outright) covers the I-864 requirement, but it may be questionable if it goes through or not due to backtaxes. I'd include the home title and a copy of any mortgage statements, receipts, etc. Anything and everything to show your possession of the home.

I definitely think your situation warrants professional help. Just throwing out suggestions here to find a solution for your I-864.

Our assets would cover the I-864 as we own our house outright. My husband is filing for all the previous years but he never earnt over the limit so he would be able to use the exclusion for those years . Thanks for the info .

I would recommend you go to a qualified CPA versed in such matters. Not only do you have a foreign income exclusion/tax credit matter, but also the matter of not having filed returns for however many years (you didn't specify). So he needs to do this. If he doesn't file a return then the statute of limitations doesn't start to run, and so the IRS could come after him at any time.

Thanks for the info

I would recommend you go to a qualified CPA versed in such matters. Not only do you have a foreign income exclusion/tax credit matter, but also the matter of not having filed returns for however many years (you didn't specify). So he needs to do this. If he doesn't file a return then the statute of limitations doesn't start to run, and so the IRS could come after him at any time.

Thanks ,

I guess the next question is does your spouse make enough currently to sponsor you or do the two of you have enough in assets to meet the sponsorship requirements?

Yes , That is not a problem

:thumbs:Consult with a CPA or reliable tax professional.

Thanks

I have an appointment in the morning ..

Glad to see you moving forward, and just in a day!

Note, we all said *file* taxes, not pay taxes. Good job!

I don't like to vegetate and as I'm not allowed to work yet I might aswell go visit the local government offices.

(I even went to include our Historic house in the local Christmas Tour.)

Thanks for the correction .. Being Swedish I need to get used to US terms.

cool ! an IRS human confirmed, with you, what I wrote here.

SWEET !

Yes you were absolutely right. They were actually very nice and friendly at the local IRS office ..Thanks

He has to file yes but if he was a resident abroad he may be able to file foreign earned income exclusion find it on the IRS website.

I just found that too . Thanks

There is no reason to feel like dirt.

Do you have a lawyer? Why have you paid $2500?

The fact is that you were not prepared, and didn't read the instructions. Thats not to make you feel bad, but all of these problems could have been avoided in the first place.

Some people here are telling you that you can file taxes and send the receipts of filing now to avoid having your case denied.

Vanessa& Tony, intent by itself does not lead to denial, even if it is known. You are wrong on that fact, you say it is presumption of intent, but knowledge of it is the same. Say a person doesn't know and is asked if they intended to do this, and they say yes, their case will not be denied. I don't want to argue with you about this, and especially not here, but the OP is only in danger of denial due to improperly responding to a RFE.

Worst case scenario, your case is denied without prejudice and you can refile. In fact, the I-130 should not be denied, it would be only the I-485 you'd have to pay again.

You need to get a tax professional to file the taxes ASAP, send proof of filing, and hope for the best.

Thank you , you answered my question. My questions were only in regards to the Federal Tax request. Not if my case will be denied or not.

The costs are for all the fees for the forms and medical with vaccinations,+ fuel costs for driving to all my appointments. Medical& Biometrics .2 and 3 hours away

I have found someone that will help us with that tomorrow .I talked to our local IRS office and they will send it off and give us a stamped copy.

IRS informed us that there is a very high percentage of US Citizens who are residents in other countries that don't know how to or if they should file their taxes. As we don't owe any taxes in the US and are entitled to the foreign income exclusion we will get a W2 with $0 earnings and taxes.

I did not judge you, I told you how it is. You committed immigration fraud. Doesn't matter what officials told you (in fact many CBP officers tell people to do this #######. Some lawyers tell their clients to do it, doesn't make it legal, they're just telling you about loopholes). This is all that happened to you. Whoever told you what you did was legal lied to you. I wouldn't go around admitting you committed immigration fraud to the USCIS officials because you WILL be denied. Doesn't matter who told you what. Entering with intent (and if they have proof of the intent such as your statement) results in denial.

If you didn't enter with intent it's all moot of course, but your OP made it sounds like you committed fraud which WILL result in your denial if you admit it to USCIS (or they're able to find proof of it). Out of interest, some USCIS/ICE officials have been said to look on these boards. Some people report going to interviews and being ID'd as their VJ screen name. Just a heads up!

This board has only made me feel like dirt so I'll remove my thread and myself from here.