ATLLN

Just had the biometrics appointment today. Now the Loooooong wait begins 

Received the biometrics appointment (May 24) notice in the mail yesterday (April 24 received date for AOS package, April 30 date on the NOA1). One more step checked off! 

No. It says the biometrics appointment letter will come separately. 

Received 4 I-797s today in the mail! Original filing date was 4/24 (received by USCIS), and text/processed date of 4/28. Woohoo! On to the next step! 

19 minutes ago, Wuozopo said:

 

I don't even know what a TN visa is, but I understand from your description that it allows employment that is exempt from Social Security and Medicare withholding. My thoughts on your questions--

1) IRS or Social Security collections are not really related to immigration, so paying anything before you can file is not required. That would be akin to asking "Do I have to pay my rent before I can go to the park?" They are separate functions and departments of the government. 

 

3) A joint return lumps all income together on one line. But a tax return isn't really where Social Security contribution is collected except for self employed persons who have a Schedule SE as part of their return. That collection is done by withholding from the paycheck by the employer. So if he is in a job that does not require those contributions then he does not owe them ever as long as he works there. When his visa runs out, he is unemployed and owes no Social Security/Medicare. When he starts work again under his EAD or greencard, that new employer will withhold and make the contributions and all is right with the SSA. The only thing I can see with that is his personal Social Security pot isn't filling up while is is visa employed, but he'll be fine by the time he gets old enough to collect his Social Security retirement.

 

2) 2019 Joint return-- I don't think it has any impact on your first tax return together. You report income earned from his visa job, your job, and his new job.  If he has been filing a 1040NR return as a nonresident, he can file a regular 1040 with you. He doesn't have to split the year as part NR and part resident because he is married to a USC. I think TurboTax can handle it. 

 

Thanks!

TN visas are the NAFTA (Canada and Mexico) visa category. His is from Mexico (1 year validity thanks to our new anti-immigrant administration. It's a Non-immigrant work visa. He's been here working for a hotel the past 3 years while I've been employed by the state as a college professor. 

Part of my concern is that a few years ago when I worked for a municipal government agency, they misclassified my work and I has an IRS battle over social security /Medicare contributions a year ago. So I figured in January of next year I'm going to get billed for his missing SSA/Medicare contributions since he does have a SSN despite being a Non-immigrant while employed there. But from your description it appears that won't be an issue! 

Thanks again! 

First, thanks to everyone who has answered my other questions in other posts. I have one more for all you brilliant minds!

My husband is here on a TN visa, and we just filed an AOS based on marriage. His current employer does not withhold FICA taxes from his paycheck. I'm a college professor and make considerably more than he does, but now that his TN visa is expiring as we wait the  for the AOS/biometrics/interview/looooooong wait period, he will be unemployed until his employment/765 is issued. I've helped him do his taxes this year (tax year 2018) and now that we are married of course we plan to file MFJ. But I assume turbotax/HR block software I usually use isn't sophisticated enough to understand the nuanced component of his change of status midyear. 

So the question(s) are as follows: 1) Will he have to pay FICA for his earned income in 2019 before we filed the AOS? 2) What impact will this have on our joint tax return for Calendar year 2019? 3) Is it accurate that for a joint return the individual income per person is not reported and instead only joint income (that just sounds wrong for SSA purposes but looking at my parents 2018 return I only see aggregate information).

Much appreciated in advance!

34 minutes ago, JennaV said:

Why the two amount of 1225 & 535?

1225 for 485 and 535 for 130/130a. Adjusting from non-immigrant TN to spousal based green card. They took both forms with the CC payment. Did we overpay? Maybe they'll process it quicker with the extra cash!

3 hours ago, geowrian said:

Filing AOS doesn’t grant a legal status. Accordingly the I-94 won’t be updated be updated.

 

It does grant a period of authorized stay. This would be evidenced via the NOA1. Until you get that, there would be no evidence of your authorized stay to present. I would suggest having a copy of the marriage certificate if you are really concerned, although the NOA1 likely will arrive shortly.

 

The case won’t be fully processed for months to over a year on average, depending on local USCIS field office. You just need it accepted, which would be the case if they charged you already.

Thanks for the clarification! 

Kinda late on the draw here but just joined the group!

My husband's AOS was mailed April 23, received April 24 by Chicago lockbox. Text confirmation of receipt came on April 29, same day as the credit card was charged the two concurrent filing fees (1225+535). Waiting on NOA1 in the mail. 

Process is for an adjustment of status from non immigrant (TN) visa to permanent residence based on marriage to a US spouse! Local office is Charlotte, NC.

Hey everyone,

I've been scouring various message boards and websites trying to find a concrete answer but haven't gotten a clear picture yet.

Long story short, my husband who was here in the US under a TN visa filed an adjustment of status for permanent residence based on marriage (March 2019). The AOS was sent in April (compiling the documents is a royal PITA and took more time than I had allotted), and we received a text notice saying the forms had been received late April. CC was charged the $1225 + $535 fees the same day. The issue is as follows: his I-94 expires in a little more than a week. The text message said a letter would be mailed within a month, but that potentially is after his current TN visa expires. We've pulled the I-94 hoping to see a notice that it is pending AOS but so far just has the original VISA and expiration date. We are concerned about the (admittedly) remote chance of police/immigration interaction before we receive the 797. Has anyone experienced this? What do you suggest? Also ever so slightly afraid of an eventual rejection since the case won't be fully processed before the last visa expired (I've read that one is just paranoia).

Any stress-relieving information or experiences would be appreciated.