issea

I filed tax return 2019 as a dual-status alien with the later half year being the resident alien since I got my green card. I checked the return transcript under my IRS account and somehow it only shows I filed as NR using the document no. 1040-NR. The account transcript, however, shows the right amount combining the information from both 1040 and 1040-NR. Is this normal or they made a mistake? 

I am a bit concerned about the status shown on the return transcript, because the return transcript will be used when I apply for the citizenship and CIS would consider I claimed non-resident in the entire year of 2019. How should I fix this mistake? It's impossible to talk to a real IRS person through the phone that they just hang up after you finally get transferred to a representative. And the tax amendment form doesn't have entries for this situation. Should I leave it for now and attach the prepared tax form (1040 & 1040 NR -- I used a tax agent to prepare the forms and don't know if it was him messed it up by putting the statement of dual-status alien on 1040 instead of 1040NR) and explain the situation when starting the citizenship application? 

Thanks in advance!

I was on H1b and adjusted status to permanent resident based on marriage. I noticed my employer about the status change after I got the green card (not immediately but some time later). Recently I saw my H1b approval was revoked. Just wonder if this revocation would retroactively impact my AOS since I adjusted from H1b status? 
 

thanks

Nasty lady...she’s cheaper than $1500...sympathetic to ur wife. 

This is the related bill I am talking about: 

https://meng.house.gov/media-center/press-releases/meng-immigration-amendment-passes-key-house-committee

13 minutes ago, aaron2020 said:

Unused visas are not added to the next year's quota.  There will not be any extra visas in 2021 because of the unused visas from 2020.  

According to INA 201(d)(1)(B), if the full quota of family-based visas is not used up in this fiscal year, then the unused numbers are added to next year’s employment-based immigration quota. Trump's EO blocked the visa issuance overseas which results in a huge amount of unused visas that will be spilled over to the employment-based immigration quota. I saw there is bill trying to prevent the spillover from FB to EB in the next fiscal year but instead keep these unused visas in FB immigration for the next fiscal year. However, I don't see it would pass in the congress. 

Like said in the title, I haven't seen any discussion on VJ about the unused visa quota from FB categories in FY2020 to be given to EB quota in FY2021. 

It says there is an extra quota of at least 60K visas available to EB in FY2021 due to the immigration travel ban and most FB immigrants going through consular processing. 

I know on this forum FB immigration is the majority. Just curious what people think about the huge spillover (due to this exceptional pandemic). 

1 hour ago, JCB86 said:

Thank you, Lucky Cat, and everyone that contributed. I do think the next step for us is to withdraw the current K1 visa and  marry over the Christmas holiday or early in the new year. Of course, pending travel restrictions/Covid. And seek the CR1.

 

Thank you again everyone. 

Don’t withdraw K1 before you get married. It can be withdrawn after the marriage. 
 

Good luck!

For the rest of the world (except India and China mainland), EB1 or EB2 would not matter that much from the viewpoint of visa number availability. And I agree with other's suggestion for NIW since it's much easier to get approved.

However, if OP has a very strong case, EB1 would save you a few months during the whole process, since you can ask for premium processing for the EB1 which takes 15 calendar days to know the decision of I-140, but cannot do so for NIW. For the moment, the regular processing time of I-140  in this category is around half year. The oversea application goes to TSC which would take 5.5 - 7.5 months. For NSC it takes 4-6 months. 

7 minutes ago, James120383 said:

Seems like a bogus website that does not even have an About me section. i would not  use websites like this 

What do you mean? It has About US link at the top. For what they sell, I think you also can put these templates together on your own if you do a thorough research from multisources. As a source alone it does introduce some backgrounds Q&As on the EB cases, which I think it could be informative to the OP. 

There is a website selling DIY package kit. It may be informative for reading. 

http://www.greencardapply.com

Merit based immigration is much easier than the employment based immigration (especially and mainly EB1 and EB2). So it may be a good news for those are seeking for green card via the EB category and have long waiting time (like Indians and Chinese). 

1 hour ago, SusieQQQ said:

I get that. I don’t see how a student necessarily needs a new visa if that has been complied with (no overstay).

 

If I enter on a B visa and get stamped for 6 months. I must leave within 6 month or file change or extension of status. But if I leave on time I can use the visa again. The end of the initial status doesn’t mean the end of the acceptable use of the visa. So I’m trying to understand if there is another factor that makes it different for F1.

If I remember correctly, there is an annotation at the bottom of the issued F1 visa noting the school to attend. If the OP is going to attend another school, how to explain that?

Maybe he could file I-539 to change to B2 status if returning to home country is not an option due to what you said. 

Maybe it’s just wording or language barrier. It sounds the OP doesn’t trust his wife in a sense she is planning to sabotage his green card and he cares more about the status than the relationship. 

19 hours ago, Ray.Bonaquist said:

However China with a population of 1.3 billion recorded 3000 dead and new infections are now 19 a day. 

I don’t believe any numbers China reported. 3000 dead? Multiplying this number by at least 20 times will be somewhat realistic. 
 

I am Chinese BTW. 

20 hours ago, R1CH1991 said:

I don’t know how to comment on this. I don’t want to throw any negativity your way but it leaves a sour taste in my mouth whereas me and my wife have been patiently waiting in line. It’s disheartening when people jump the line and expect the system to facilitate it. 
 

I don’t know you, and I’m sure you’ve gone through a lot too, but if everyone did what you do, we’d be in a mess.

 

Whos the daft one though. You that have your family together or me whose 3.981 miles away from my wife and have been for going on for five years now of long distance. 
 

👎

TBH, I don’t think they’d even have had the chance to immigrate w/o using the visitor visa to enter and seek the way to be legalized to stay (probably began with the daughter married to a USC). I sometimes think the immigration law that marrying to USC and AOS all of sudden forgives overstay is mainly made to take care of those crossed  the (southern) border and overstayed. 

18 hours ago, Marieke H said:

I think "jumping the line" referred to the whole family immigrating on a tourist visa.

 

OP, good luck. Your son will have to go back to your home country for consular processing. Use the search function on this website and you'll find lots of experiences from others.

Exactly 

Is your sister currently inside or outside the US? If she is physically in the US with a legal status (such as student or work visa holder), your dad could also file the application for adjustment of status (AOS) besides the petition I-130, since F2A in Jan is still current (chart A). But it is not a good idea for a tourist visa holder to adjust the status. 

If she is outside the US, you've done all what you could do. In the meantime your dad could start the process of naturalization. If your dad's naturalization completes earlier than the I-130 approval or the interview for the immigrant visa or green card (depends on which route you are seeking: consulate processing or AOS), your sister's case can be upgraded to immediate relative category (minor child of USC) if by then she is under 21 years old defined by CSPA, or to F1 (adult child of USC). 

And the CSPA age is not what you understand in your post. It is the physical age minus the time throughout the pending I-130 (time interval between the PD and approval date). 

On 12/5/2019 at 8:32 PM, pasadenagirl said:

@issea did they asked you to sign on your second biometrics? because i did my second time today and They did not ask me to sign. im just confused why. thanks

Hi, sorry I cannot answer your question because I didn't do a second biometrics. 

Why not call 911 and report domestic violence and confinement? This is the quickest way to get the rapid response from the law enforcement and remove you from the dangerous and enslaved situation. And the documented evidence could be later on the material for VAWA if applicable. If your first concern is return home country, inform them about your out of status and the ICE could be involved and you then would be deported. 

2 minutes ago, geowrian said:

A 221(g) is a refusal. The actual 221(g) letter usually (if it's a recent one) explicitly states that it constitutes a refused visa for such purposes.

Sample:

 

Edit: Let me clarify...just being put into AP alone wouldn't be a refusal. But a 221(g) is. Sorry if the original response added confusion instead of clarity.

Okay. So "yes" to the question if one ever received a 221(g), no matter if there were approval at the end? 

1 minute ago, missileman said:

I disagree...........Administrative Processing is not a denial.......

As geowrian mentioned that 221 (g) is a refusal, and refusal is synonymous with denial ...

2 hours ago, geowrian said:

As noted, policy is that every visa application must result in the visa being issued or refused. A 221(g) is a refusal due to an incomplete visa application (does not confirm to INA requirements).

In practice, visas are not issued the same day. Every case nowadays goes through some form of AP.

I’m curious about how to answer the yes/no question on I-485 related to “have you even been denied a visa ...”, if one ever experienced AP before the issuance. I saw arguments on some other forum people said you should answer “Yes” to the question if you ever had an AP when applying for a US visa. 

Edit: “No” to “Yes”

27 minutes ago, Jorgedig said:

The challenge would be for her to get a B-2 visa in which to do that.  I don't see that happening at all.

How about a third country who does not deem proxy marriage as legal? Maybe Canada or some state in Europe? Those countries are relatively easier for her to get a visa, I think. 

14 minutes ago, LilyJ said:

But if he just couldn't travel to his home country, why not just travel to another country (in this case he and the wife later ended up going to Sri Lanka) in the first place to get married?

Their marriage timeline is: 1) proxy marriage in 2016 and 2) consummation in 2018 

My wild guess would be they initially wanted the marriage to take place asap. If they both went to Sri Lanka to marry, then the date on marriage certificate would be of 2018 (or at least later than the date of the proxy). 

Edit: suppose due to whatever reason, the travel to a third country for OP was not possible before the proxy marriage happened. 

23 hours ago, Going through said:

Interesting the husband said he can't travel to get married while on a green card....but he could travel to another country for consummation of the marriage?

 

 

As a previous post mentioned the OP may get his GC via asylum. Just a guess.