JoJoJoJo

Thank you @H&T and @geowrian.

But I am still on the fence between using I-90 and asking USCIS to correct the typo by using https://egov.uscis.gov/e-request/displayTypoForm.do?entryPoint=init&sroPageType=typoError

I am currently employed and do not plan to find a new job, do I absolutely need an I-551 stamp in my passport for I-9 because my Local Office is really really far...? (I think my employer can do E-Verify.)

I was happy for 2 minutes before I fell into another nightmare...

The expire and "Resident since" dates are one year backward. In other words, my card will expire in one year. I have seen quite some cases like this on VJ here, and the solution seems to be I-90, but they are a little old and situation might have changed.

My question is:

1. What should my next step be?
   1. The solution on VJ here is https://www.uscis.gov/i-90 In this case, do I have to surrender my green card?
   2. But it seems to be more appropriate to file "Typographical Error". https://egov.uscis.gov/e-request/displayTypoForm.do?entryPoint=init&sroPageType=typoError Is this a new solution? In this case, do I have to surrender my green card?
2. Can I keep the old green card because
   1. If I were stopped by ICE, I can show them my immigration status
   2. If I need to travel to, say, Canada visa free
   3. If I need to return to the US after international travel
   4. If my employer asks my proof of immigration status for I-9 purpose
3. Is my "resident since" still today, even thought my card says one year ago?

For those who received your card lately (this or last month of 2019), when will it expire on the card? 2020 or 2021?? Thank you!!!

11 hours ago, audacieux89 said:

Hi JoJoJoJo, my status got updated today to card was picked up by USPS and the status has the tracking number. Did yours update as well?

Yeah, I got this one as well with a tracking number! Thank you!!!

Sorry I have a question, I just saw below. My card is mailed, but my case status does not show USPS tracking number. Is there anything wrong with my USCIS account? (I know informed delivery and could get a tracking number eventually, but just wanted to know how to get a tracking number from USCIS account case status.) Thank you!

3 hours ago, Victorolas said:

Ops, so that means I'll need to submit a change request... either declare my previous income, or file separately instead of jointly, thanks for sharing that!

Last time I checked, you cannot file 1040X to change filing status from Married Filing Jointly to Married Filing Separately.

Gentle reminder: be sure to check whether you need to file forms 3520, 8621, FinCEN114, etc., especially if you have worked in a foreign country and have foreign mutual funds account or foreign retirement accounts. Penalty for not filing when required is high.

11 hours ago, CE and JR said:

congratulations... after the interview did the IO give you the "Notice of Interview Results" letter "hand delivered at Interview"? did the IO requested just few extra evidence and you feel the interview went ok and all?

 

we had something similar in our interview the IO gave the letter and says need to wait 90 to 120 days for a decision. we are adjusting from K1

Our Field Office is Houston. What about you and from where are you adjusting from? Did you contacted congressman?

Yep, the IO did give me that notice. They asked us to provided any updated information and everything went well. I am adjusting from K1 in Santa Ana, CA.

11 hours ago, audacieux89 said:

Just had my interview at San Francisco and was approved! My status online is now "New Card is Being Produced" ☺

 

The interview was around 30 minutes and was asked about certain dates in our relationship, how we met, and clarified some information. The officer updated some information on my i485 form and took some of our recent pictures. At the end of the interview I was handed a letter that said my case is "under review" but my status online updated 2 hours after.

Same interview result, but waiting time could be 2 hours or 140 days!

Congratulations!!!!!

After 140 days of waiting after my interview, my card is being produced 😴

1 hour ago, tfo98 said:

Yahooo.. How did you find out?  Congrats!!! I think you had your interview around the time we had ours!!!

 

I just received an automatic email from them. Good luck to you!!!

After 140 days from interview, my card is being produced today 

On 3/18/2019 at 9:20 AM, dwheels76 said:

 

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Having trouble viewing this email? View it as a Web page. Citizenship and Immigration Services Ombudsman March 18, 2019 Dear Stakeholder: On March 28, 2019, from 2:00 pm to 3:00 pm EDT, the Office of the Citizenship and Immigration Services Ombudsman (Ombudsman) will host a listening session on Employment Authorization Document (EAD) processing, with a focus on how U.S. Citizenship and Immigration Services (USCIS) processing impacts U.S. employers and applicants.  Starting in 2018, the Ombudsman’s Office saw a dramatic increase in case assistance requests due to delayed adjudications and non-delivery of EADs.  While it is the individual applicant usually submitting the request to our office, there is almost always a U.S. employer waiting for the applicant to gain or extend employment authorization to start work at a U.S. company.   During this listening session, we invite interested parties to share how USCIS processing of EADs has impacted employment and business practices in the United States.  We are interested in hearing from U.S. employers with direct business consequences due to lengthening processing times in the adjudication of EADs.  We also want to hear from applicants regarding the challenges that may arise when there are delays in the adjudication or delivery of an EAD.  This listening session will be an opportunity to hear from the public on the real and significant business consequences that result from USCIS’ processing delays.  We welcome the public to also provide feedback and solutions to the challenges that would support a fair and transparent process. We have invited our USCIS colleagues to listen in to this teleconference to hear from our stakeholders on this important topic.  We look forward to hearing from you on these and related issues, and invite you to register for this teleconference using the link below. RSVP   The Ombudsman hosts a monthly public teleconference series to share information about relevant topics and provide an opportunity to hear feedback from the community about issues related to the delivery of immigration benefits and services.

Are there any updates on this? Thanks!

It took about 1 month between the approval of my 129F and my K1. I did not change my name, but my name is very very common. Also, in the past, I obtained an FBI non-criminal certificate. That took about 1 month as well.

Okay, not that I need the card badly, but this wait is just getting irritating. Sigh, apparently just have to wait... 

On 3/24/2019 at 12:04 PM, username_taken said:

120 days is a lot of time to be waiting after interview. Did they say anything at the interview about needing to complete security checks or something like that?

 

If not you should either contact the Ombudsman or go to infopass and speak with a supervisor to find out where you stand. If the Officer needed to double check stuff or get a supervisors review it should have been done by now. 

I think they might have said something about background check, which I thought was strange because I was adjusting from K-1, which required background check.

Still, it has been 120 days...

16 hours ago, James777 said:

did interview on November last year. Everything went well. No any respond so far.

 

Me, too 😨😫

2 hours ago, cumulonimbus said:

Still waiting as well. Now it is 6 months post-interview. About a week ago finally got an updated status that was for a RFIE. Turns out they want a new physical since the I-693 that we submitted was now an expired form (although they initially accepted it at the interview). We're getting that completed and will hopefully submit the new form next week. I hope it doesn't take too much longer once they receive it for a decision, but I don't have high expectations. 

 

Sorry to hear you're still waiting! Hope you get some good news soon!

It is good that your case is moving forward. Fingers crossed!

29 minutes ago, C90 said:

Yeah, but wouldn't the new 180 day extension start from the moment your old extension stops? I know with a 'normal' renewal it starts from the moment your EAD card expires, but we're beyond the point of normal right now. I would think USCIS would extend the 180 days with another 180 days. This might just be common sense and wishful thinking from our side. We all know that's not always USCIS's strongest point 

That just sucks. This is such a standard answer. Your congressman doesn't seem very involved either, that they're okay with an answer like this 😕

Having a great interpretation is one thing, I am just not sure whether this can go through my employer's E verify.

37 minutes ago, MajaMukanowska said:

OK, EVERYONE, I GOT AN UPDATE.

 

Read this, please. This is the most ridiculous thing that could have happened.

 

Finally got a reply from Katie Malone, who deals with immigration issues for my congressman.

 

 

THANKS, USCIS AND KATIE, THAT’S EXACTLY WHY I NEED HELP ASAP. 

Isn't 4-15 around the corner??

USCIS should just extend the EAD until AOS is approved or declined. Having 1year validity is only waste of time and money and resources for the applicants and USCIS themselves.

10 minutes ago, C90 said:

Yeah, but wouldn't the new 180 day extension start from the moment your old extension stops? I know with a 'normal' renewal it starts from the moment your EAD card expires, but we're beyond the point of normal right now. I would think USCIS would extend the 180 days with another 180 days. This might just be common sense and wishful thinking from our side. We all know that's not always USCIS's strongest point 

That just sucks. This is such a standard answer. Your congressman doesn't seem very involved either, that they're okay with an answer like this 😕

That is a great interpretation!

10 minutes ago, C90 said:

Yeah, but wouldn't you get a new extension for another 180 days? Some people say you can't put in another renewal when one is pending, but I also read on here that people say it is okay to do so.

 

I just read through the instructions on the USCIS website real quick, and it doesn't say anywhere you can't file a renewal when one is still pending. If I were in this situation, I would let my employer write a letter stating that they have to let me go if my extension expires and add that letter to the second renewal application with an explanation why you file again.

You can file another renewal while an old renewal application is pending. One also get 180 day automatic extension. 

But, read what your NOA1 says, the 180 day extension clock starts to tick on the day when your old EAD expires, NOT when you file the renewal.

In other words, the 180 days are right after the old EAD expires, not any 180 days after you file EAD renewal.

13 minutes ago, Jaimekr08 said:

I'm in a semi similar boat... Had my interview on 1/31 and was approved. But then 3 weeks later the case "reopened for reconsideration" and havent heard back for 2 months. Id recommend an Infopass appt if you can. We went and got some answers (but no action) but the piece of mind of nice. Apparently they are slowly phasing out infopass appts though so I'd go while they are still available

Thank you for sharing! I try to go when I can

16 minutes ago, JoJoJoJo said:

I am not a lawyer, but did quite some research. Just to share my understanding, but don't quote me on this...

 

If you two file married jointly, regardless of whether you are non-resident alien, you are treated as resident alien for the whole tax year, and you do have to report your worldwide income, e.g., salary, interest, dividends, pension income, capital gain, PFICs, (e.g., foreign mutual funds (Form 8621)), as well as any foreign trusts, (e.g., foreign retirement accounts) and any received gifts (>$100,000) (Form 3520 and possibly Form 3520A). Also, you may have to file FinCEN 114 and may have to file FATCA form 8938. Carefully read all the instructions to determine whether you meet the thresholds of the filing requirements because the penalties for non-compliance are severe. If there is a tax treaty between US and your foreign country, you can apply related articles to avoid any double-taxation.

 

I think you can choose married filing separately, (it is a matter of how you can receive more tax return and not about whether your marriage is real), and if you are a non-resident alien, then you only need to report US income.

 

Also, tax treaties between US and a foreign country probably does not apply at state level.

Also, I think you could choose married filing jointly for IRS and married filing separately for your state. Also, have a look how your state determine whether one is a resident or not.

 

 

 

BTW, I would file 1040X if you did not include your worldwide income for 2017 ASAP if I were you.

If you were delinquent in filing Forms 3520, FinCEN 114 or any other informational forms for 2017, I would consult with a tax professional who is familiar with international tax affairs...

Good luck

5 minutes ago, Weston said:

Dear VJ,

 

Does anyone has knowledge about filling Taxes return?

 

If my spouse fill his taxes return as married filling jointly, do I have to report my income from another country, as I am non-resident of U.S. ? Or only report any income I’ve received in U.S. , if I have?

 

As I learn it from somewhere else, we can fill the status like married filling separately, then I do not have to report my income from another country. 

 

But, we done our 2017 taxes return as Married Filling Jointly already. I am concerning that is there any impacts in the future, as I will have my CR1 interview next month? If yes, how to avoid it?

 

Thank you for your time. 

Have a good day.

 

I am not a lawyer, but did quite some research. Just to share my understanding, but don't quote me on this...

If you two file married jointly, regardless of whether you are non-resident alien, you are treated as resident alien for the whole tax year, and you do have to report your worldwide income, e.g., salary, interest, dividends, pension income, capital gain, PFICs, (e.g., foreign mutual funds (Form 8621)), as well as any foreign trusts, (e.g., foreign retirement accounts) and any received gifts (>$100,000) (Form 3520 and possibly Form 3520A). Also, you may have to file FinCEN 114 and may have to file FATCA form 8938. Carefully read all the instructions to determine whether you meet the thresholds of the filing requirements because the penalties for non-compliance are severe. If there is a tax treaty between US and your foreign country, you can apply related articles to avoid any double-taxation.

I think you can choose married filing separately, (it is a matter of how you can receive more tax return and not about whether your marriage is real), and if you are a non-resident alien, then you only need to report US income.

Also, tax treaties between US and a foreign country probably does not apply at state level.

Also, I think you could choose married filing jointly for IRS and married filing separately for your state. Also, have a look how your state determine whether one is a resident or not.

3 minutes ago, tfo98 said:

So frustrating.  Have you done and inquiry?

Yeah, but not assigned to an officer yet.

11 minutes ago, tfo98 said:

In the same boat.  Had our interview Nov. 24, 2018.  Approaching the 120 day mark.  Do we submit an inquiry after 120 days or just wait?

I am also in the same boat, today is my 120 day mark.