TNmommy

Hi, i totally agree with NickD, i am going to mail the 1040X tomorrow and as well as the copy of my W2, hopefuly the IRS will respone me something. I will make photocopy of all the paper, in case if i need them at N-400 interview. Hope this wont affect my process

You are highly misled on this, first off, they filed a joint return, so won't have to file if their joint income was lower than the minimum. If it was below the minimum and did not file, they would not get back what taxes they paid in plus any tax credits due to them. They would be hurting themselves. Second, they are applying for a marriage based citizenship and the USCIS requires they bring in the last three years of tax returns to get that citizenship. So not only IRS rules, but USCIS rules as well have got to be followed.

If filing a joint return all W2's and 1099's have to be posted, even if they only made ten bucks on a bank account interest for the year. She wouldn't have to file if filing a separate return, but then would be screwed by the USCIS.

My step daughter didn't have to file, she only made $2,000 last year, but for about five minutes of work of doing the EZ for the federal and the state, she got 140 bucks back that was a lot of money for her going to college. Plus if the USCIS wants to see her tax returns, she has them.

Not saying our tax system is fair, if you are working for someone else, you are literally screwed with minimum deductions and since you have earned income, FICA takes out a huge chunk of your income. Not like these Wall-Street brokers that make huge amounts of money by screwing little people that us unearned income, no FICA taxes, and all kinds of deductions. Like owning a 47 million dollar Gulfstream private jet used exclusively for entertaining their clients with both that jet and the entertainment expenses fully deductible.

Do you see those deductions on the 1040 EZ? We can't even deduct our transportation expenses to and from work or school and without that transportation, won't even get to work to earn an income. And with a corporate controlled congress, we are severely getting screwed on our transportation expenses, a huge share of our income. And if business slows down a tad, first ones kicked out of our jobs. Never said this is fair, but is the law.

I did called and i got last 3 years tax transcrips already last week. I will go ahead to file the 1040X too, thanks a million

Was going to add, call 800-829-1040 and get your last three years of tax transcripts, easiest way to do that if filling under the marriage rule. Also send in a copy of your 1040X and send that in as well. This shows you made an honest mistake and corrected it on your own, takes about a week to get the transcripts, so this will not delay your application. If you have to send a check to the IRS, make a copy of that and attached that to your 1040X.

Good luck with your application.

Thank you Ja Tam. You mean the 1040X? I am thinking if i do this before or after the N-400, i am eligible to file N-400 on Nov

You can file an amended tax return for that 2009 to correct the error. Good luck.

Thanks NickD! Well, so what should i do? If i call the IRS myself and tell them the error, will it help or make things worse? Will the USCIS reject me if i dont do anything ? I am just worried.

Could be a problem with the IRS, when filing a joint return all W2's have to be reported on line 1 of the 10340EZ, and it does make a difference. Say you only made a 100 bucks but with your husband wages are in the 20% tax bracket, you short changed the IRS by 20 bucks. All employers have to send in their W2's, for two reasons, they withheld FICA taxes and income taxes, maybe not the later but always the former. This goes into a large database based on your SS number, all an agent has to do is to key in yours and your spouses SS number and it shoots back a total. That total should equal what you put in.

You may get an audit if someone decides to check, really doubt if the USCIS would know the difference.

Oh yeah, forgot to say, i got W2 from the employer for that few days work. Am i good? Or still need to call the IRS to correct the problem? thanks

Hi guys, i got a question . Back to March 2009, i worked for a store part time for few days,that's it. But husband forgot to file the tax return for me,(we are married filing joint, he only filed for his job) he said its too little to file anyway. I am just thinking, will this affect my N-400 process? Should i call the IRS to fix the problem? Even i just worked 1 day, the N-400 interview officer will still consider i am not honest on this ,right? Thank you

Thank you, hhN400~ I will be patient then and wait till Mon

NO! It's not 3 months; it's 90 days in advance. Therefore, the earliest you may file is November 13, 2010. Many people fall into this 90-days versus 3-months trap and their application is rejected because they file a day or two too early.

Thank you so much, NickD, for the suggestion such in details, well, i will mail them on MON then

Based on a valid marriage, earliest date you can file based on the day you became a LPR is Saturday, November 13, 2010, but to be safe, would send it off on Monday, November 15, 2010. November 15, 2010 should be the date of your application, should correspond with your send off date and the USCIS isn't exactly clear on whether you count the date you became a LPR or the day before that for the 90 days. Besides that, processing time is becoming much shorter lately, and you cannot receive your certificate until your third anniversary date of being a LPR.

Our earliest date was also on a Saturday, we use Sunday as a final check on our evidence and application, evidence stack was quite thick. We made minor corrections. Can't send it off on a Sunday, so did that the first thing Monday morning.

Big factor is doing everything the way the USCIS wants you to do it, and sometimes, that is not easy to figure out.

I think it should not be a problem, and you are right, since you already got your greencard , you can go ahead to apply the N-400, just my idea, good luck

Thank you.

It's just that somebody told me they may get suspicious about that if the marriage which granted me a GC is real, and this may lead to the worst - they get my GC back and deport me. This sounds so scary.

In my opinion, if they didn't trust me by the time i applied for I 751, they wouldn't have granted me a 10yr GC, right? So, they did trust me then, now for N400, there's no need for them to back track and scrutinize my marriage one more time. That's just my thought. Please let me know if I'm right or not.

Thanks again

Thank you

Yup, it's three months in advance.

I have been married and living with my husband for 2 years and 8 month now, i thought i can apply 3 month advance? Thanks

You can only file the N-400 once you have been married and living with your spouse for 3 years or once you've been a legal permanent resident for 5 years. So that said, have you been married to your spouse for three years and lived together for three years? If so, then you can file. If not, no.

Hi guys, i know its a stupid question, but i just want to make sure, as i am doing all the prepare work for the N-400 these days, my greencard date is Feb 11 2008, that mean i am eligible to file N-400 on Nov 11 2010 ,right? Thanks a million

I see, GLAD you got it!

Hi ELW, so did the post office forward the letter from the old address to your new address? Anyway, you got it, i saw your interview is coming in 3 days, very good luck to you ~

Thanks a lot

Thank you, V33k! Well,that is too bad:( I will have to think about this again , and i can not use PO box in order to receive all the mail while i am moving? thanks again

Hi, everyone, i can submit my I-400 application at first week of Nov, BUT we plan to move to another state or another city around Dec! Should i submit the I-400 at Nov or wait after i move? I dont know what to do. I heard that someone said i have to live at the new address 90 days before i can submit the I-400? Is it true? Thanks a million

Thanks a lot,rebelheart

Hi, everyone,i got a question here: I spend 1 month outside US after got green card. So does this 1 month count in to the 3 years resident when i apply for citizenship? Thank you so much~

The biometrics appointment letter can take any length of time due to how busy your local field office is.

Check out the timelines here on VJ select AOS advanced, and filter for your local office.

http://www.visajourney.com/timeline/aoslist.php

How about updating your timeline to reflect AOS process? Yours http://www.visajourney.com/timeline/profile.php?id=22979

I see from your timeline Guangzhou Consulate, so you may be interested in "A Candle for Love" that site specializes in Chinese/American immigrations and relationships.

http://candleforlove.com

Thank you for your link~

Hi guys,i just wonder to know how long it take between receipt notice of AOS and biometrics appointment letter? Anyone know? As seem like it just took 3-7 days for most of people.It been 2 weeks now for us,still not get anything.Should i start to call 1800? Appreciate for any advice,thank you.

It depends on your local office- sometimes it's quick, others wait quite a while...

Thank you for your fast reply,Jashley820.I just check my local processing date,it is still at NOV 2006!

Hi guys,i just wonder to know how long it take between receipt notice of AOS and biometrics appointment letter? Anyone know? As seem like it just took 3-7 days for most of people.It been 2 weeks now for us,still not get anything.Should i start to call 1800? Appreciate for any advice,thank you.

Thank you,Yodrak~

Yuan,

Quite possibly. A kind case officer might correct your mistake and approve the application, one who is having a bad day might refuse the application on the basis of the incorrect basis for applying.

Yodrak

We filed EAD and AOS together and posted out by same envelop,filed (a)(9) for EAD. Did we made a huge mistake now?

OK,i just checked the GUIDE again,we should filed ©(9) if we filed AOS and EAD together.Seem like we posted to a right address,BUT filed a WRONG number to question 16. Anyone know if this is a problem? THANK YOU

We filed EAD and AOS together and posted out by same envelop,filed (a)(9) for EAD. Did we made a huge mistake now?

.

you filed for both EAD & AOS AND filed a(9)??