lexash

2 minutes ago, millefleur said:

He's 24 right now, so still falls within the requirement to update address within 10 days of moving since he's under 26 from what I understand. It just completely slipped our minds.

You could bring a confirmation email, or a printout of the site saying that it’s now updated. In this case I think your best bet is to be up front about forgetting *if* they ask and show whatever proof you have at the moment. Another possibility is to login to the USCIS site and if possible attach a new document once you have it. (Not sure if it’s an option but I’m just brainstorming).

I saw your post and had a mini heart attack because I also haven’t changed the address, but I’m 30 now so I saw on the site that if you’re <26 you must update it.

Good luck!

How old is he?

Why did you file by mail which is slower? N400 can be submitted online. Anyway in my case I submitted online and got a receipt letter within a week.

Just now, Timona said:

Maybe the information on CC such as name, address are not up to date eg you moved and forgot to update address for CC. Just double check. It's easier than dealing with COVID19 call wait time 

It's up to date. I moved recently but all personal info is updated with the bank.

I tried calling the number listed here to get transcript via phone, but when it gets to the main menu the automated service says that my option is invalid and hangs up. I got the number from here: https://www.irs.gov/individuals/get-transcript-faqs (800-908-9946).

54 minutes ago, Timona said:

Did you put the last 8 digits of your CC? 

Yes, 8 of CC.

38 minutes ago, Pinkrlion said:

They are mailing tax transcripts now.  Order by calling the number or request it to be mailed online. 

They are? Did you request yours recently? I'm wondering how long it's gonna take.

I'm filing for N400 online and a few months back I got an RFE for the I-751 pending application but I was unable to submit the tax transcripts as the IRS is not mailing them due to COVID and the online service was unable to find me (I only have a credit card and it wasn't able to find me with that information, not sure why since I've been filing since 2013. The other option that I could provide online to find my records was an auto loan account number but I don't have an account number nor do I know what that's referring to). So in the RFE packet I supplied the checks I got from refunds and bank account statements showing when I got the refund deposited in the bank as proof of filing besides the tax returns. So I'm a little worried because as of right now I'm unable to get tax transcripts at all. What do I do? Is someone on the same boat?

Thanks       

On 3/8/2020 at 11:34 PM, radharose said:

The 6+ month absence rule and the Selective Service registration requirement have always been a thing—the USCIS policy update makes more specific definitions about these policies.

 

I have not been able to find any USCIS policy updates about the tax return.  There is no place on the 1040 that asks for immigration status, so I don’t see how you could fail to report something that they haven’t asked for, unless and until they revise the 1040 to include such a question.

 

My husband filed taxes for the first time this year and we had to send in a signed declaration choosing to have him treated as a full-year resident alien for tax purposes—I imagine you must have done this your first year as well.  That is an effective claim that you are a resident alien, and it could be argued that it is implied on your following tax returns that you are a resident alien, considering that you have to wait at least 3 years to naturalize.  Thus, if you filed subsequent returns as a resident, you inherently filed as a resident alien, for at least three years.

 

It doesn’t say what date in February this policy supposedly went into effect.  Did you file in February?

 

Honestly, it sounds a lot like lawyer-speak to scare people into consulting with their law firm.  I wouldn’t worry about it until I saw something official from USCIS.

Thanks, yes I did send the signed declaration the first time we filed jointly. Under the new rule I just wasn't sure if we had to do it every year as well that's where I got confused. I'll try to investigate a little more but I don't see anything specific from the IRS or USCIS about this.

Thanks.

Hi,

I filed for I-751 on March 2019 and soon will be available to file for N-400. I've been reading about the new rules for GC holders that took effect in February 2020. If you're not familiar the new rules are:

• Failing to admit you’re an immigrant on your tax returns or failing to report some of your income could get you deported.

• Men between the ages of 18 and 25 who hold a green card must register with the U.S. Selective Service; failure to do so could lead to deportation

• An extended overseas vacation could cost someone their green card - it could be considered "abandonment" of the green card

http://www.shrr.com/publications/legal-alert-2020-new-rules-for-green-card-holders/

https://www.nbc-2.com/story/41563323/new-green-card-laws-2020

https://www.hykellaw.com/new-laws-for-green-card-holders-in-2020/

My question is regarding the first point "Failing to admit you’re an immigrant on your tax returns or failing to report some of your income could get you deported.". I already filed the Federal return for this year (1040 form file jointly with my wife who is a US Citizen). I've been looking online and can't find an answer to this question: Do I have to ammend the return and specifiy somewhere that I'm an immigrant or resident alien? How do I go about this? Am I covered because we filed jointly?

I'm worried that with the upcoming filing of N-400 this could create problems. If it helps we live in Maine.

Thanks in advance.

I was in a similar situation to yours, I applied for AOS on August 15th and got my EAD on Nov 16, it usually takes around three months so you're good. Once I had my EAD I had to drop my F-1 since I'd be working at my internship for more than 20h a week, which is in violation of the F-1 rules, but if your job starts after you graduate then no worries!

File the i-765 but here is another option as well (just in case your EAD doesn't arrive in time).

I also interned for free summer 2014 while on school, my company also wanted to hire me part time in September, but back there I did noy have real intention to marry my husband, we were dating for couple of years and had just moved in together, so GC was out of the picture.

I talked to my school counselor and she gave me the option to get a CPT which is an internship (up to 20 hours week paid off campus work) authorization. For that you need to take an 3 credits internship "class", meaning you will pay these 3 credits as an elective internship. You school will probably require you to write some papers about your internship experience and meet with an adviser every month or so. But is an easy option and you don't need to send anything to the USCIS, your school authorizes it on your I-20 and you are good to go for one semester.

After that, I am sure you will already have your EAD, in my case since marriage was still not an option and my company wanted to keep me for longer after the CPT, I applied to an OPT pre-completion that lasted for another semester until my graduation, when I finally got my OPT post-completion. Then he proposed and now I am waiting on my EAD.

Good luck

That's what I'm doing during the summer and I might do it again in the Fall. I just hate to pay for 3 credit hours that I'm not gonna use since my electives are full, but I guess that'll do.

No, it is not automatic. You would need to apply concurrently.

Yeah I mean, I still would have to file I-765. Thanks

That would be something you get as part of the I130 etc filing, assume takes 90 days.

So you're saying that I don't need to file for I-765 because since I'm already applying for the Green Card I'm getting a temporary work permit automatically?

What is the basis of filing for EAD, marriage?

I'm doing a AOS from Student on the basis of marriage to a US Citizen. I wanted to file I-765 so that I can work in the meantime on the internship during the semester while the green card is processing

Hi again,

I'm finalizing all the documents required to get this thing going. I just got an internship for a job in my field of study and will work there during the Summer. During the interviews HR mentioned that it's likely that they'll keep me during the Semester part-time which sounds great, but my Student Visa doesn't allow me to work off-campus during the semesters, so now I thought I'd file this I-765 which I believe is referred to as EAD along with my AOS package to perhaps have it approved by August and therefore be able to work at this company during the Semester.

I wanted to see what you guys think about this idea and I also wanted to hear about your experiences filing I-765.

Thanks again

My husband and I were both students when he adjusted from an F1 student visa, too. A family friend was our co-sponsor and it's really not that difficult.

Good you're making me feel much better now. And was this friend married? If so did his/her wife have to file Household Member's Form I-864A too?

Hi Im having a similar problem

I'm a full time student with a part time job $10/hr but i've never have done my own taxes because my mom always puts me as her dependent. So I don't have any tax returns to put down and I could do it this year for this past year but by the time I wait on my W2's it'll be too late. i want my husband's legal status to stay up to date. My mom doesn't necessarily meet above the poverty line due to getting on permanent disability. So I don't know who would qualify for a joint sponsor? And how do I fill out my own affidavit of support papers without having tax returns?

My wife hasn't filed any tax returns either, it's until this year that she's made a consistent "salary" to get a W-2, I think it'd be OK if you've never filed for a return, I mean in our cases (F-1's) USCIS should understand that we probably don't make enough money to file returns every year or have a consistent salary.

I would say I do that every week at work

Sounds more daunting than it is. Just carefully follow instructions on each form and you'll be fine.

Ah I get it! Well thanks you might have saved me a denial.

Your spouse will have to submit an Affidavit of Support (Form I-864) no matter what. If her income falls below the poverty guidelines, you will have to include another Affidavit of Support by a joint sponsor. This is made by a third-party using the same Form I-864. The process will be easier if you can find somebody whose income is above the poverty guidelines and filed their taxes for the past three years without a spouse or dependents listed on their most recent federal tax return (1040).

If one of your wife's parents volunteers as a joint sponsor, then the non-sponsoring parent (the one that doesn't file Form I-864) will have to submit the Household Member's Form I-864A. Same thing for any dependents over 18 that her parents may have listed on their last federal tax return.

That sounds like an awful mess. Did you have to do that yourself?

Hi,

I'm a F-1 student applying for a green card, my wife (US-citizen) is a student too. She'll graduate next Summer, but will then go to med school the next year. Right now I work a part-time job on campus which gives me about ~$9 per hour. She works a low wage job at a hospital and makes about $9/hour too. Our income is very small, we get a ton of help from her parents. At this point I feel like if I submit the form with our numbers it would get rejected. What do you recommend doing? Do I have to have her parents submit an affidavit of support too?

Thanks,