olivia77

On 12/21/2022 at 1:46 PM, Jorgedig said:

We didn’t even have AOS pending when I added my husband.

Just to clarify, neither did we. We submited I94 as proof to the health insurance company and only sent paperwork for AOS to USCIS months later.

On 12/16/2022 at 6:57 PM, Jorgedig said:

I added my husband to my employer-based health insurance long before he had his green card.  Why would having a green card be a requirement?   I have never encountered any type of health insurance enrollment form that asks for immigration status.

I bought health insurance plan individually for 2021 while AOS was pending and they asked for proof of legal status. I94 (or EAD if there is one) is sufficient. A person who has AOS in progress is considered a resident, it’s just that the paperwork is pending while one’s waiting for a green card.

12 minutes ago, olivia77 said:

Either as above poster says or there was an update in your other case. I had the same thing (two dates by my 485) since June, when my EAD was issued.

Update

So, since Feb 22 submission, I have received an RFE and sent the documents immediately. In June, I got my expedited EAD. Ever since June, I had two different dates by “RFE evidence received” - the above said received in March and the other said received in June. And today, after six months from when they last looked exactly, I received an email from USCIS that my 485 was approved. No interview! I hope things start moving for the February filers!

On 12/4/2022 at 10:26 PM, stringtheory said:

Has anyone else received an interview date yet or any notice beyond biometrics? I noticed something odd in the two tabs for our 485 progress. There are two different dates noted as "response received". Anyone know why this is or what this means?

Either as above poster says or there was an update in your other case. I had the same thing (two dates by my 485) since June, when my EAD was issued.

12 hours ago, NB5347 said:

I've seen a lot of approved cases without interview lately in the fb group... If you applied after already being married 2 years, then it will be a 10 year card, I believe. Otherwise... you'll need to apply for the 10 year one after this one is expiring.

Which Facebook group is that? Thanks

2 minutes ago, prai said:

 

How do you request expedite through Congress? Did you just call USCIS and requested ? Any docs you submitted? 

I've shared a bit on this on p.10 of this thread.

First, I called USCIS and got a reference number to open a service request. I was told to wait for an email instructions, but from what I've read on VJ forums, many were denied without USCIS even seeing any proof. (I have never received the email instructions, by the way. Just an update weeks later that the request was submitted and will look into it.)

Then, I immediately contacted my local congressman's office by phone. VJ forum posts were very helpful (look for your local congress page > help with a federal agency for further information). They were very responsive and super helpful and were happy to contact USCIS on my behalf. 

Afterwards, I've sent them a cover letter (template also found here on VJ), signed & scanned privacy release form, and a compilation of USCIS receipts and proofs in one PDF (I think about 12-13 pages that included numbered proof backing up my claims of my cover letter. Things like my income before moving here with currency conversions, salary average statistics with for my industry here in the US, my calculation range of lost income since arrival during the K1 process, proof of me running a business with achievements and credentials, pending client contract offers, and other relevant details. Oh, I also included the fact that DMV won't issue a DL without an EAD in my state with screenshots, and why this is relevant for my business - I've even used screenshots of the geographic area where I live).

It took a month but it was very well worth it. So, in total, my EAD approval took 124 days.

On 3/24/2022 at 1:16 PM, olivia77 said:

Hi all,

 

joining just now.

 

Filed AOS application together with EAD application (no AP).

 

Sent via FedEx: February 17, 2022

USCIS receipt: February 22, 2022

USCIS sent an email they assigned a biometrics appt: March 5, 2022

USCIS sent an email that they're sending us a RFE: March 9, 2022

Received a generic RFE for Affidavit by mail: March 14, 2022

Mailed evidence for the RFE: March 18, 2022

 

Currently we're waiting for USCIS portal to update receipt of our evidence.

 

Biometrics to take place: March 29, 2022

 

Update to my case.

05/27/2022 submitted EAD expedite request through USCIS, and a few days later through Congress

06/21/2022 EAD was approved

26 minutes ago, Liagiu said:

Hello! Same here, I received RFE for I-485 back in December 2021 and replied to it right away, they received my response on January 7th. However, a few days ago my case status updated to “response received on Tuesday, June 7, 2022. We will review the evidence”. I am not sure what this is about. 

Thanks for sharing! 

Hi all,

Did anyone have this or similar experience? My USCIS updates seem to show two dates.

For the longest time, I-458 status said Response received on 30th March. (That’s when we’ve replied to our request for evidence.)

Today, I’ve logged in to see the I-458 part updated to June 13th, though the upper bit of the text still shows March date.

I have asked to expedite EAD in May, went though congress and submitted documents of job offers, but the EAD section has no updates at all. It is still stuck at application received and as of March 29, “we’ve begun working on your case again”.

Just curious… why would AOS update but not EAD.

7 hours ago, friscoflip said:

Any Feb filers who requested expedite for EAD?  Was it successful? what documents did you fax? Thanks in advance!

I did, currently waiting for the update.

I called USCIS and got a reference number, but from the lady’s tone and the fact that she googled and read the info from webpage I had little hopes of USCIS actually emailing me instructions on what to fax. Some days later, I called my local Congressman’s office (they were happy to help) and emailed them my privacy release form, letter with over 10 pages of proof. This was last week.

InfoPass works in 2022 (May). I had no luck with technical keywords

14 hours ago, Misscloud said:

Im planning to bring this additional of evidence ( with cover letter to explain the index ) do you think its overkill? The reason I put in index so the IO can pick and choose themself 

What evidence are you using? Better have them all and submit only what is asked for than not have much to show at all.

5 hours ago, highvoltage said:

Understood, true it might not be the case for you. Good Luck to you. When is your interview?

Yes we did. We had expedited based on job offer.

Thank you! I don't have an interview yet, my case is stuck at ''actively reviewing'' since the end of March, when USCIS acknowledged my RFE evidence. However, I am researching on how to expedite my EAD based on a few freelance offers. Would you mind sharing a bit about your process?

19 hours ago, highvoltage said:

We have to show something which is joint, get some of them like a utility bill, health insurance etc. Not having a joint bank account is a major red flag. I might be wrong as well as interviewer might not even ask for it. Do you have photos as to where you have gone to some trips/vacation together?

 Yes, we have plenty of photographs.

Maybe it's because I am European, but having a joint account is very unusual to me. I do believe though that every couple and their financial situation is different so it may not necessarily be considered a red flag. Thanks for the input!

3 hours ago, highvoltage said:

Do you have a joint bank statement, lot of them were asked about it during the interview.

I have a question... I am in a situation where I don't actually have any joint evidence:

- No joint phone bills (my UK & Skype rates are much better)

- No rent leases or mortgage (husband owns the house)

- No joint bank statements (I use his card if needed)

- No joint loans or joint investments

- No joint income tax returns (he filed separately for 2021 and I didn't have to file at all)

- No joint family insurance plan (this is our mistake but it's been a confusing process and we will change that - currently we have two individual insurances, but that is not until 2023, if by any luck, our interview happens before that)

I am simply curious... How much of the joint evidence do I actually need? I'll have to get some just for the sake of the interview (I wouldn't otherwise), so I'm assuming it's relatively easy to get my name on one of the electricity bills, but what about other proof? Would it be enough to just come with a bunch of mail/doctor's appointments addressed to me or him to the same house?

Thanks!

On 4/20/2022 at 2:40 PM, neto-66 said:

It's been 2 months now since we submitted RFE response, and still haven't gotten any updates. Hoping to hear back soon, I'm not sure if "receive a decision within 90 days from RFE response" holds true for AOS. 

Did you check USCIS website as well? I haven't received any mail updates from them after we've submitted RFE response, but they update the case status in about 10-12 days online. Now it's just the long wait.

Also, does anybody know how common is to get 2nd or 3rd RFE for a completely different thing?

21 hours ago, Wuozopo said:

Did you get a SSN when you arrived on a K1? You’d need that to make an estimate.

 

Here’s some concepts to consider. 
As self employed, nobody is holding out tax, Social Security, or Medicare out of your check. The IRS doesn’t want it to be paid at the end, so you pay a bit along the way. The form has some worksheets to help you but I find it most difficult to even guess what my self employment is going to be each year.  https://www.irs.gov/pub/irs-pdf/f1040es.pdf
 

I’m assuming you will file jointly with your spouse for 2022. In that case the IRS looks at your joint incomes as one pot of money earned and the tax paid in as one joint pot of money. So if your husband tends to have excess taken out of his check and gets a refund, his excess covers the taxes your self employment will generate. You do not have to match a contribution by estimate in your name that exactly covers your taxes. It’s a joint venture where he can cover you. And there’s leeway where you as joint filers just have to get close. He can bump up what’s taken out of his check. He can send in some extra with a 1040-ES under his SSN if you didn’t get one. Or you can let it ride if he is getting thousands in refunds already that will cover you. Of if you have a SSN, you can make the estimate payment  and just pick an amount like $500 and wait to figure it out as you see how the business is going. Send more or even less for the next estimate date. If you send too much, it comes back as refund. 
 

Once you file your first return with self-employment, you might get a better idea for what to do for the next year. 

The due dates for estimates:

1st payment  April 18, 2022  

2nd payment  June 15, 2022

3rd payment  Sept. 15, 2022 

4th payment Jan. 17, 2023

 

Hi @Wuozopo, thanks so much! Really insightful as always and gave me a few things to consider. Yes, I got a SSN as soon as I arrived here. 

Hi everyone,

I've been moving through different threads as my immigration process moves forward and it's been incredibly helpful to see all the information on VisaJourney.

I am already thinking about the tax return for the year 2022: do I have to pay self-employed tax estimates quarterly? I can't seem to find a straightforward answer on IRS forms/ website.

I came to the US at the end of September 2021 after leaving my job in the UK. For the rest of 2021, I had no income. I did not file anything for 2021, and my USC husband  has just filed his 2021 return as "married filling separately". 

This year, I've started freelancing and want to make sure I know what to do next. I had no income so far during the Q1 but I expect to have income from both foreign and US clients in 2022.

On the IRS website, it states:

foreign persons classified by the IRS as: resident aliens who meet the green card test or the substantial presence test in the current year; nonresident aliens who have not met the green card test or the substantial presence test.

My AOS from K1 is pending so at the moment I am a non-resident alien. However, I expect that status to change either after substantial presence test is met towards the end of 2022 or when the GC is issued (whichever comes first).

My question is: what do I do about self-employed tax estimates and the quarterly payments? Do I wait until I meet the substantial presence test? Or do I pay an estimate for Quarter 2?

I have never filed a tax return in the US nor had US income, and it's a new consulting business so I can only pull estimates out of my head and adjust along the way.

Thanks

Hi all,

joining just now.

Filed AOS application together with EAD application (no AP).

Sent via FedEx: February 17, 2022

USCIS receipt: February 22, 2022

USCIS sent an email they assigned a biometrics appt: March 5, 2022

USCIS sent an email that they're sending us a RFE: March 9, 2022

Received a generic RFE for Affidavit by mail: March 14, 2022

Mailed evidence for the RFE: March 18, 2022

Currently we're waiting for USCIS portal to update receipt of our evidence.

Biometrics to take place: March 29, 2022

On 3/21/2022 at 8:39 AM, prai said:

I received exactly the same RFE as yours.  Make sure to provide SSN on Part 4.  on 10 and 12. I forgot  to provide on 12. BTW, are you sending the RFE by mail or uploading on the USCIS site.

We've sent ours by mail.

Part 4 Q 10 asks for SSN, and part 4 Q 12 asks for Sponsor's A-Number (if any). These two are not the same. As I see from your profile, you're both from Nepal, right? My husband is a US citizen so he naturally doesn't have A-Number, which I think is short for Alien Number that's assigned to foreign visa applicants. Good luck with your RFE!

2 minutes ago, Wuozopo said:

Yes. Send the transcript. It includes the info from all forms and Schedules. 

And you have checked everything mentioned in my post? 

Yes, we did. Thank you, you saved the day!

20 hours ago, Wuozopo said:

@olivia77

Yes you can go to biometrics.

 

So you verified the form was signed, husband’s SSN was correct, and the household size is 2 (Part 5 #8).

 

Your latest tax return right now is 2020 unless you already submitted 2021 tax return. Once filed then 2021 would be the most recent return.  Confirm you have not filed 2021.

 

As self employed, he should use the amount in the “total income” line of his tax return as the amount to fill in on—

Part 6: #7. My current individual annual income is: ________________

 Look at Line 9  on his 2020 Form 1040 which is identified as “total income”. Is that figure the same as what he put on his I-864 Part 6, #7   and Part 6, #20.

 

Then moving on to your I-864, double check—

24a 2020  Amount is same “total income” line just mentioned

24b 2019  Use the “total income” line from 2019

24c 2018 Use the “total income” line from 2018

 

I mentioned these to check because sometimes people use adjusted gross income or another line besides total income, which is what is ask for in 24abc..

 

 

 

 

Thanks @Wuozopo, your posts in other threads we extremely helpful when I was going through this process a few years ago and reading other members' threads.

Sorry for asking if this is obvious, but is this ok for us to send a tax return transcript again instead of the full return? In such case, according to the instructions of the affidavit, no schedules are needed.

Hi everyone,

Firstly, I would like to positively note how fast the process was so far. Maybe this will give hope to some. We filed for AOS from K1 at the end of February, got the e-receipts within a few days, and within a few weeks we've received a biometrics appointment. Unfortunately, a few days later, we also got the dreaded RFE for our Affidavit of Support I-864.

Long story short: after reviewing a copy of submitted form, we spotted a typo in the form (we made a mistake when writing the most recent tax year which should have been 2020). 

We originally submitted tax return transcripts.

My husband is self-employed. No joint sponsors. Income above the poverty line. I am the sole beneficiary of the petitioner.

We got a RFE asking for a full tax return. My question: can we send back the tax return transcripts with the correctly filled form? 

Can someone clarify the terminology for me, as I am not familiar with the US tax system at all? 

P.S. Also, provided I send this now, can I go and attend my biometrics in a few weeks? Or will they not see me until my new evidence is processed by USCIS?

Thanks!

On 5/5/2021 at 11:04 PM, Stefanie&Danny said:

I hope you don’t mind me asking...
Were you apart of the lawsuit?Only asking based on the timeline .We got our NOA1 in Oct 2019.Keeping hoping to see people getting interviews that weren’t apart of the lawsuit to give me a better idea of what the backlog is looking like 

Hi there,

I am not an original poster but to answer your question, we've filed for K1 in July 2019, got the visa issued in Feb 2020, couldn't leave due to my lengthy work notice. Naturally, the visa expired and I was finally able to get it reissued in London last week. Not part of any lawsuits. Currently the Status says in Administrative Processing so hopefully visa will be in hand in the next few days or so.

Also, I've been able to track down like 6-7 people with expired and reissued visas in London via Facebook groups. Some of them were not part of the lawsuits either. It is slowly moving. (I've heard about Embassy massively cancelling appointments starting August but it seems that does not affect K1s.)

Hi everyone,

just an update for a few those still remaining here - our visa was issued in Feb 2020 and I couldn't leave due to notice length at work, a month later travel ban was introduced.

We were never part of the lawsuit. Had my interview and got my expired K1 reissued in London on the 1st July, 2021. Now just waiting for the courier update.