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Ayrton

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  1. Thanks
    Ayrton got a reaction from Sierra TC in 2021 Tax Filing - Stimulus   
    It doesn't matter. He's eligible for the 3rd stimulus. 
     
  2. Thanks
    Ayrton got a reaction from Sierra TC in 2021 Tax Filing - Stimulus   
    You're not treating him a US Citizen, you're treating him as a resident alien. He's eligible for the 3rd stimulus check as he's been considered a resident alien for 2021 and has a SSN.
  3. Like
    Ayrton got a reaction from Chancy in Reverting back to my Maiden name on the I-90   
    Your current legal name is the name after the latest name change, which happened on your divorce. So you can just file with your maiden name and attach the divorce decree to prove the name change. Enter your married name as other names used. You don't have to wait for the new GC to get a new SSC too, since the divorce is dated after the issuance of the GC, they must issue you a new card with your new/old name.
  4. Like
    Ayrton got a reaction from Chancy in I 485 Withdrawal   
    Just so you are aware. You can't withdraw the 485, 765, 131. Those are your husband's applications and only himself can withdraw them. You can however withdraw the 864, which will cancel the main application. But, by traveling without AP, AOS is already considered abandoned.
  5. Like
    Ayrton got a reaction from RafaelTexas in I 485 Withdrawal   
    Just so you are aware. You can't withdraw the 485, 765, 131. Those are your husband's applications and only himself can withdraw them. You can however withdraw the 864, which will cancel the main application. But, by traveling without AP, AOS is already considered abandoned.
  6. Thanks
    Ayrton got a reaction from ChakkBel in Can't get SS# after AOS - SS office won't answer   
    The SSA issued new instructions that says that immigrants must not mail original immigration documents. They have to call and request an appointment. If the office is saying they don't accept appointments, tell them to look for the EM-21041.
     
    https://secure.ssa.gov/apps10/reference.nsf/links/05262021015248PM
     
    IMPORTANT: Do NOT request a non-citizen to submit his or her immigration documents by mail or using the drop box. Due to DHS regulations, non-citizens are required to have their immigration documents in their possession at all times (GN 00303.610.B).
     
  7. Like
    Ayrton got a reaction from Chancy in Greencard in hand, can't get SSN   
    A person who is eligible for a SSN is not eligible to apply for an ITIN. OP's wife is a GC holder, therefore they can't apply for an ITIN.
  8. Like
    Ayrton got a reaction from Chancy in Can't get SS# after AOS - SS office won't answer   
    The SSA issued new instructions that says that immigrants must not mail original immigration documents. They have to call and request an appointment. If the office is saying they don't accept appointments, tell them to look for the EM-21041.
     
    https://secure.ssa.gov/apps10/reference.nsf/links/05262021015248PM
     
    IMPORTANT: Do NOT request a non-citizen to submit his or her immigration documents by mail or using the drop box. Due to DHS regulations, non-citizens are required to have their immigration documents in their possession at all times (GN 00303.610.B).
     
  9. Thanks
    Ayrton got a reaction from Trutta in Can't get SS# after AOS - SS office won't answer   
    The SSA issued new instructions that says that immigrants must not mail original immigration documents. They have to call and request an appointment. If the office is saying they don't accept appointments, tell them to look for the EM-21041.
     
    https://secure.ssa.gov/apps10/reference.nsf/links/05262021015248PM
     
    IMPORTANT: Do NOT request a non-citizen to submit his or her immigration documents by mail or using the drop box. Due to DHS regulations, non-citizens are required to have their immigration documents in their possession at all times (GN 00303.610.B).
     
  10. Like
    Ayrton got a reaction from arken in Greencard in hand, can't get SSN   
    A person who is eligible for a SSN is not eligible to apply for an ITIN. OP's wife is a GC holder, therefore they can't apply for an ITIN.
  11. Like
    Ayrton got a reaction from Adventine in Can't get SS# after AOS - SS office won't answer   
    The SSA issued new instructions that says that immigrants must not mail original immigration documents. They have to call and request an appointment. If the office is saying they don't accept appointments, tell them to look for the EM-21041.
     
    https://secure.ssa.gov/apps10/reference.nsf/links/05262021015248PM
     
    IMPORTANT: Do NOT request a non-citizen to submit his or her immigration documents by mail or using the drop box. Due to DHS regulations, non-citizens are required to have their immigration documents in their possession at all times (GN 00303.610.B).
     
  12. Like
    Ayrton got a reaction from Kor2USA in Confusion regarding self-employed fiancee and work permits   
    There are two ways you can read this sentence:
     
    ...labor performed...within the United States...
     
    ...an employer within the United States...
     
    I believe the first one is the way to read it, and that's based on the RFE asking for work authorization sent by the USCIS to an immigrant that was trying to use their foreign income as part of the 864.
  13. Like
    Ayrton got a reaction from Kor2USA in Remote job from home country while adjusting status   
    That's not how it works. Remember that we're talking about 2 different things here. Immigration (USCIS) and Taxes (IRS). They are different government entities and have different rules and definitions for these common terms.
     
    Resident and non-resident aliens are defined by the IRS and doesn't necessarily depend on your immigration status. You can find the definitions here: https://www.irs.gov/taxtopics/tc851
     
    You can see that you can actually be a resident alien for tax purposes without even being a GC holder by just meeting the substantial presence test or electing to be treated as one on the 1st year. A tourist that overstays their visa here is considered a resident for tax purposes after meeting the presence test and must file taxes as a resident alien. For K1 visa holders, where most of the couples wants to file MFJ for the 1st year because of the tax benefits, they need to be elected as resident for the whole year when presence test is not met.
     
    The moment you move to a different county (immigration intent), you are changing you primary residency. That's why some immigrants lose their public benefits as soon as they land in another country with immigrant intent (k1 visa holders moving from Canada from example, they cannot use public health on a later visit, it doesn't matter when they actually became a LPR).
     
  14. Like
    Ayrton got a reaction from Adventine in Remote job from home country while adjusting status   
    That's not how it works. Remember that we're talking about 2 different things here. Immigration (USCIS) and Taxes (IRS). They are different government entities and have different rules and definitions for these common terms.
     
    Resident and non-resident aliens are defined by the IRS and doesn't necessarily depend on your immigration status. You can find the definitions here: https://www.irs.gov/taxtopics/tc851
     
    You can see that you can actually be a resident alien for tax purposes without even being a GC holder by just meeting the substantial presence test or electing to be treated as one on the 1st year. A tourist that overstays their visa here is considered a resident for tax purposes after meeting the presence test and must file taxes as a resident alien. For K1 visa holders, where most of the couples wants to file MFJ for the 1st year because of the tax benefits, they need to be elected as resident for the whole year when presence test is not met.
     
    The moment you move to a different county (immigration intent), you are changing you primary residency. That's why some immigrants lose their public benefits as soon as they land in another country with immigrant intent (k1 visa holders moving from Canada from example, they cannot use public health on a later visit, it doesn't matter when they actually became a LPR).
     
  15. Thanks
    Ayrton got a reaction from Trutta in Wrong DOB on EAD card   
    The paper that came with the EAD tells you need to do in case there's something wrong with it. You don't file another form. You mail back the EAD with proof of what's wrong and they mail the new fixed card to you. In my case it took about 2 months.
  16. Like
    Ayrton got a reaction from dhatty in USPS sent the card back to USCIS   
    USPS can't forward GC. Your GC will be destroyed and you have to file for a new one with an I-90.
  17. Like
    Ayrton got a reaction from Crazy Cat in Work permit being produced and GC interview   
    They are separate cases and are going to be adjudicated separately. Since card is already in production, you will most likely receive it, but it will be voided as soon as GC is approved.
  18. Like
    Ayrton got a reaction from TedsGirl in Form I485 denied, but I 130 for RFE   
    You lawyer clearly didn't reply to the RFE. I would get rid of them and file by yourselves.
  19. Like
    Ayrton got a reaction from Mike E in Getting a Credit Card and Building Credit   
    Ask your spouse to add you as an authorized user. No SSN required.
  20. Thanks
    Ayrton got a reaction from kryptonite in Getting a Credit Card and Building Credit   
    Ask your spouse to add you as an authorized user. No SSN required.
  21. Like
    Ayrton got a reaction from Adventine in Getting a Credit Card and Building Credit   
    Ask your spouse to add you as an authorized user. No SSN required.
  22. Like
    Ayrton got a reaction from Lemonslice in I-485 Denied Based on Joint Tax return   
    If you are submitting a 1040, instead of tax return transcript, you must submit the whole tax package. You said you only submit the first page of the 1040. That's not enough. When you're self employed, the instructions also mention that you must submit all the schedules that shows how much money the sponsor is making. When it's a joint return, the instructions also says that you should submit proof of just the sponsors income, and not the spouse.  That's all in the instructions.
  23. Like
    Ayrton got a reaction from Pinkrlion in I-485 Denied Based on Joint Tax return   
    If you are submitting a 1040, instead of tax return transcript, you must submit the whole tax package. You said you only submit the first page of the 1040. That's not enough. When you're self employed, the instructions also mention that you must submit all the schedules that shows how much money the sponsor is making. When it's a joint return, the instructions also says that you should submit proof of just the sponsors income, and not the spouse.  That's all in the instructions.
  24. Like
    Ayrton got a reaction from Adventine in I-485 Denied Based on Joint Tax return   
    If you are submitting a 1040, instead of tax return transcript, you must submit the whole tax package. You said you only submit the first page of the 1040. That's not enough. When you're self employed, the instructions also mention that you must submit all the schedules that shows how much money the sponsor is making. When it's a joint return, the instructions also says that you should submit proof of just the sponsors income, and not the spouse.  That's all in the instructions.
  25. Like
    Ayrton got a reaction from Chancy in I-485 Denied Based on Joint Tax return   
    Unfortunately your lawyer didn't do a good job. And since you trusted them, you didn't pay a closer attention to your forms.
     
    A complete tax return is not only the first page of the 1040. It's the whole package. Every schedule, every W2, every 1099.
     
    From the instructions of the form, which is what you and your lawyer should be following:
     
    "Item Numbers 23.a. - 25. Federal Income Tax Return Information.
     
    You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.
     
    You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable. Do not submit copies of your state income tax returns.
     
    Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal individual income tax return with the United States Government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States.
     
    If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.
     
    If you selected Part 6., Item Number 2. that you are self-employed, you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return."
     
    On your first package that you sent transcripts, did you also send the 1099s, and the schedules? If not, your RFE was correct. 
     
    On the RFE response, you already mentioned you didn't send the whole tax return, and even if the RFE is not specific, you should still follow the form instructions to respond to it. Since you and your lawyer failed to do that, the denial was correct. 
     
    Only option you have is to refile. Trying to appeal the case will only result in another denial and more money spent, because the case was correctly denied.
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