MS&JA

AD& GA,
 
I’m a corporate attorney (not an immigration attorney, unfortunately) so perhaps I can shed some light. 
 
I don’t know whether his income is W2, 1099, etc., however, there indeed are certain situations in which you aren’t required to file a personal federal tax return. The instructions for form I 864 (check out the first paragraph on page 9) indicate that if you were not required to file a Federal tax return under US tax law because your income was too low, you can attach and explanation. Similarly, if you didn’t have to file due to an exemption, you can provide an explanation and indicate how that exemption applies to you.
 
If he otherwise did not file or pay taxes for no good reason, I highly encourage him to file. You will probably be subject to a host of fees, penalties and interest (if you have any tax liability for unfiled years) but you can schedule a payment plan with the IRS.
 
As I said, I’m not an immigration attorney so I’m not exactly certain how his failure to file will affect the AOS (not positively, I imagine) but you can still show you’ve filed late and have arranged a payment plan. 
 
Hope that helps. 

AD& GA,
 
I’m a corporate attorney (not an immigration attorney, unfortunately) so perhaps I can shed some light. 
 
I don’t know whether his income is W2, 1099, etc., however, there indeed are certain situations in which you aren’t required to file a personal federal tax return. The instructions for form I 864 (check out the first paragraph on page 9) indicate that if you were not required to file a Federal tax return under US tax law because your income was too low, you can attach and explanation. Similarly, if you didn’t have to file due to an exemption, you can provide an explanation and indicate how that exemption applies to you.
 
If he otherwise did not file or pay taxes for no good reason, I highly encourage him to file. You will probably be subject to a host of fees, penalties and interest (if you have any tax liability for unfiled years) but you can schedule a payment plan with the IRS.
 
As I said, I’m not an immigration attorney so I’m not exactly certain how his failure to file will affect the AOS (not positively, I imagine) but you can still show you’ve filed late and have arranged a payment plan. 
 
Hope that helps. 

Thank you so much. We are new to the NVC stage so we appreciate the help. I guess we got too excited and wanted to get an early start 🤦‍♀️😂

NOA1: 8/8/2019
NOA2: 4/10/2019
Beneficiary Country: Spain
Nebraska without transfer
Paper-filed IOE
 
It looks like we were actually approved yesterday. We logged on today and it still says "In process" but above the IOE # says "Closed Case". The I-130 Approval Letter is in the uploaded docs with yesterday's date. 
 
Unreal 🙃
 
Quick question. Who gets the NVC email? Beneficiary? Petitioner? Both? We filed a G-1145 with the Petitioner's (mine) email. My husband thinks he may have accidentally deleted the NVC email. He cleared the spam folder today. I could kill him. Thanks 😂

NOA1: 8/8/2019
NOA2: 4/10/2019
Beneficiary Country: Spain
Nebraska without transfer
Paper-filed IOE
 
Our status hasn't formally changed (still "In Process"). But we just logged onto MyUSCIS and the IOE says "Case Closed" and the I-130 Approval Letter is in the uploaded docs. 
 
If you have a prior PD and are still waiting, please know that your day will soon come. I don't understand the current IOE processing and I don't believe anyone (outside USCIS) does. It seems like many LIN cases were transferred out and that Nebraska IOEs are being approved in random sequential batches. But yours will soon come. 
 
One question. Will the NVC email go to the petitioner? Beneficiary? Both? We filed a G-1145 with my (petitioner) email. My husband is freaking out because he regularly deletes spam and is worried he might have accidentally deleted the NVC email 😂
 
Thanks in advance.

NOA1: 8/8/2019
NOA2: 4/10/2019
Beneficiary Country: Spain
Nebraska without transfer
Paper-filed IOE
 
Our status hasn't formally changed (still "In Process"). But we just logged onto MyUSCIS and the IOE says "Case Closed" and the I-130 Approval Letter is in the uploaded docs. 
 
If you have a prior PD and are still waiting, please know that your day will soon come. I don't understand the current IOE processing and I don't believe anyone (outside USCIS) does. It seems like many LIN cases were transferred out and that Nebraska IOEs are being approved in random sequential batches. But yours will soon come. 
 
One question. Will the NVC email go to the petitioner? Beneficiary? Both? We filed a G-1145 with my (petitioner) email. My husband is freaking out because he regularly deletes spam and is worried he might have accidentally deleted the NVC email 😂
 
Thanks in advance.

NOA1: 8/8/2019
NOA2: 4/10/2019
Beneficiary Country: Spain
Nebraska without transfer
Paper-filed IOE
 
It looks like we were actually approved yesterday. We logged on today and it still says "In process" but above the IOE # says "Closed Case". The I-130 Approval Letter is in the uploaded docs with yesterday's date. 
 
Unreal 🙃
 
Quick question. Who gets the NVC email? Beneficiary? Petitioner? Both? We filed a G-1145 with the Petitioner's (mine) email. My husband thinks he may have accidentally deleted the NVC email. He cleared the spam folder today. I could kill him. Thanks 😂

NOA1: 8/8/2019
NOA2: 4/10/2019
Beneficiary Country: Spain
Nebraska without transfer
Paper-filed IOE
 
It looks like we were actually approved yesterday. We logged on today and it still says "In process" but above the IOE # says "Closed Case". The I-130 Approval Letter is in the uploaded docs with yesterday's date. 
 
Unreal 🙃
 
Quick question. Who gets the NVC email? Beneficiary? Petitioner? Both? We filed a G-1145 with the Petitioner's (mine) email. My husband thinks he may have accidentally deleted the NVC email. He cleared the spam folder today. I could kill him. Thanks 😂

Hi Baseer. I’m also a “paper” IOE with an August PD. Only some of the docs we submitted were uploaded to MyUSCIS. They did not upload the whole package.

I’m not sure what the logic is. Maybe it’s just the required docs (US passport, marriage certificate) as opposed to the supporting docs (couple photos, etc.)

Hope that helps. 

Hey guys, just FYI. Today has been the single largest approval jump in the PD 8/8/19 control group that I follow (500 receipt numbers closest to my IOE). These are the stats from yesterday vs. today. 20 approvals before noon. 

Before today, they’d been trickling in with, at most, 2 approvals per day.
 
** To clarify- these charts aren't exclusive of Nebraska but they are all IOE receipt numbers. In addition, the approved batches seem to be in sequential order. In other words, they approved IOE....172, 173, 174, etc. My app is in these stats. I have a PD of 8/8/19 and my date changed to 4/6 yesterday.
 
I sincerely hope this means IOE receipt numbers are moving along and that we all get approvals soon. I feel really bad for people waiting since early 2019, and I truly hope this means your approval is coming soon.
 
Just wanted to share my $0.02.
 
 

Congratulations ☺️!  Please let us know when you get the NVC email 

Congratulations 🤗 !! We are 8/8 at Nebraska- also with an update on 4/6. Crossing our fingers. Best of luck in the next stage! 

As of right now, the US has not announced mass, automatic waivers for ESTA holders who are forced to overstay (or simply cannot return home). 
 
Other countries, like Spain for example, instead, have told US citizens that the days they spend inside the country during the State of Emergency will not be counted to determine whether they overstated their visas.
 
Violating the terms of your ESTA could have catastrophic consequences for your I-130. I understand you don’t want to fly for obvious reasons.
 
You can try to get a “Satisfactory Departure” from either USCIS or CBP (it’s unclear who is handling these right now during COVID in your specific jurisdiction). You can also try the CBP office at any international airport, though you mentioned you want to stay away from airports. This satisfactory departure may provide a waiver to allow you to overstay your ESTA for extreme reasons without prejudice. But it’s a case by case petition. 

https://www.google.com/amp/s/www.natlawreview.com/article/cbp-updates-satisfactory-departure-process-travelers-forced-to-remain-united-states%3famp
 
I would do my best to leave. Just my $0.02. 
 
Good luck. 

Hey guys, just FYI. Today has been the single largest approval jump in the PD 8/8/19 control group that I follow (500 receipt numbers closest to my IOE). These are the stats from yesterday vs. today. 20 approvals before noon. 

Before today, they’d been trickling in with, at most, 2 approvals per day.
 
** To clarify- these charts aren't exclusive of Nebraska but they are all IOE receipt numbers. In addition, the approved batches seem to be in sequential order. In other words, they approved IOE....172, 173, 174, etc. My app is in these stats. I have a PD of 8/8/19 and my date changed to 4/6 yesterday.
 
I sincerely hope this means IOE receipt numbers are moving along and that we all get approvals soon. I feel really bad for people waiting since early 2019, and I truly hope this means your approval is coming soon.
 
Just wanted to share my $0.02.
 
 

It’s called “Case Tracker”. It has a search function that lets you look up batches of up to 500 cases. You only need to know 1 receipt number and it will pull up the subsequent 499.

As of right now, the US has not announced mass, automatic waivers for ESTA holders who are forced to overstay (or simply cannot return home). 
 
Other countries, like Spain for example, instead, have told US citizens that the days they spend inside the country during the State of Emergency will not be counted to determine whether they overstated their visas.
 
Violating the terms of your ESTA could have catastrophic consequences for your I-130. I understand you don’t want to fly for obvious reasons.
 
You can try to get a “Satisfactory Departure” from either USCIS or CBP (it’s unclear who is handling these right now during COVID in your specific jurisdiction). You can also try the CBP office at any international airport, though you mentioned you want to stay away from airports. This satisfactory departure may provide a waiver to allow you to overstay your ESTA for extreme reasons without prejudice. But it’s a case by case petition. 

https://www.google.com/amp/s/www.natlawreview.com/article/cbp-updates-satisfactory-departure-process-travelers-forced-to-remain-united-states%3famp
 
I would do my best to leave. Just my $0.02. 
 
Good luck. 

As of right now, the US has not announced mass, automatic waivers for ESTA holders who are forced to overstay (or simply cannot return home). 
 
Other countries, like Spain for example, instead, have told US citizens that the days they spend inside the country during the State of Emergency will not be counted to determine whether they overstated their visas.
 
Violating the terms of your ESTA could have catastrophic consequences for your I-130. I understand you don’t want to fly for obvious reasons.
 
You can try to get a “Satisfactory Departure” from either USCIS or CBP (it’s unclear who is handling these right now during COVID in your specific jurisdiction). You can also try the CBP office at any international airport, though you mentioned you want to stay away from airports. This satisfactory departure may provide a waiver to allow you to overstay your ESTA for extreme reasons without prejudice. But it’s a case by case petition. 

https://www.google.com/amp/s/www.natlawreview.com/article/cbp-updates-satisfactory-departure-process-travelers-forced-to-remain-united-states%3famp
 
I would do my best to leave. Just my $0.02. 
 
Good luck. 

Hi S&J, I did some research after your reply and I thought I'd share. You're totally right. USCIS website says " When you call to request expedited processing, the USCIS Contact Center creates and forwards a service request to the office with jurisdiction over your application or petition." 
 
My "date" changed only once back in September of 2019. Reading these comments about IOE numbers, it seems that may have been the transfer date. But when I chatted with a rep on Emma they told me it was in Nebraska? 🤷‍♀️ What a mess. 
 
Anyways, thought I'd share in case it helps anyone else.

We have an August 8 PD at Nebraska as well 😯 Fingers crossed 🙃