Kaykay1

On 2/25/2023 at 1:16 PM, eliyali77 said:

My I-485 was approved yesterday, without an interview! It has been a long journey. 

 

I-485 being actively reviewed since Feb 18,2022

Approved: Feb 24,2023

 

Our FO was Baltimore,MD.

 

All Glory to God, praying everyone else gets theirs approved soon.

Congrats. Before the approval did you get “actively reviewing…..” status update few hours or days before it was approved? 

On 2/16/2023 at 8:28 AM, Dann_tgh said:

Hello Everyone, 

 

I am a sept 2022 AOS filer, but I have been following this threat as well. I see a lot of movement here so I wonder if I could get some helpful advise here. 

 

I received a notice of “action was taken” yesterday, and we I logged in the I-130 was approved and there was a PDF approval letter (no interview scheduled) but the I-485 continues to show no update. Is this normal? What should I expect next? 

 

I appreciate your advises. 

 

Thank you! 

Any update on your i485?

4 minutes ago, Gabriel5454 said:

This is inaccurate.  As per https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test, when calculating the number of days in the US for the substantial presence test, you do not count the days you are an "exempt individual".  This includes a few categories of temporary visitors, in particular:

• A student temporarily present in the U.S. under an "F," "J," "M," or "Q" visa, who substantially complies with the requirements of the visa.

As a result most foreign students in the US are not residents for tax purposes.  This has important tax implications since they often are not eligible for the same tax benefits as those classified as "residents" for tax purposes (which includes, not is not limited to, US citizens and permanent residents) and hence often pay higher rates of taxes.

 

OP, I suggest you review https://www.irs.gov/individuals/international-taxpayers/determining-an-individuals-tax-residency-status.  Quoting from that page,

 

If you don't meet either of those two tests, then the foreign spouse may have to submit the election to be treated as a resident for tax purposes.  For more info see https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

 

 

How do you submit the election. Nobody is saying anything about how it is done. 

2 hours ago, Rocio0010 said:

Yes, me, in 2020 when I was filing my 2019 taxes, I was on an F1, married, but still not a permanent resident for immigration purposes.  And we used Liberty Tax, which is essentially the same, with no issues.

Thank you. This is it. So you just filed jointly. I guess you already had EAD and SSN while you filed, with pending AOS. 
 

Sometimes, these things can be confusing so when you talk to someone with the same situation, it helps a lot. Thank you. 

I totally love visajourney, it is very informative and i’m grateful for all the help we get from all of you. God bless you all. 

38 minutes ago, Mike E said:

I’m sure OP has had an address in the U.S. since 2021. That doesn’t mean OP has the physical presence. 

I’ve maintained same address in the US since 2021 and have never left the US. However they consider F1 visa status as exempt from using that 183 day rule and I’m quite concerned. 
 

however I have pending AOS application but have EAD and SSN and pay all my taxes: Medicare, SS, state and federal. 

52 minutes ago, Mike E said:

How many days were you present in the U.S. in 2022?

 

I’ve never heard of such a thing. Do you have a link?

 

When my wife and I filed our first joint return she was in the USA for over 11 months without a green card. That was enough presence.  She did not make an explicit declaration. If there was such a requirement, I’m certain TurboTax would have said so.  Perhaps buried in our electronic return there was such a declaration.  
 

I do know that if you file jointly as a resident, you must declare your world wide income. You also are subject to FBAR if the highest balance across all your financial accounts abroad exceeded $10,000 USD on any day.  
 

I agree that if aren’t sure hire a tax professional but you should also lower your expectations on  the competence of these so called professionals. 

https://apps.irs.gov/app/vita/content/globalmedia/4491_unique_filing_status_and_exemption.pdf

You can see the link I attached, see the picture I added and the part i highlighted. You would need to write a declaration to be treated as a resident for tax purposes and also file by mail. 
it is confusing.  
 

I want to know if anyone has gone through my exact situation and filed jointly through turbo tax without any issues. 

8 minutes ago, Mike E said:

File jointly 

 

E-filing is recommended.  

What about “treated as resident for tax purposes” clause and the requirement that I need to declare to be treated as a resident for the tax year. I’ve read about this so I’m confused. I know we need to file jointly but that clause is my concern. 

21 minutes ago, Mike E said:

1. Do you have an SSN?

 

2. Are social security and Medicare taxes being taken out of your paycheck?

Yes I have SSN, Medicare, Social Security , federal and state too are all taken out of my paycheck. 

Hello, 

I am an F1 student who moved to the US in Dec 2021 and married to a US citizen since august 2022, we have a child who is a US citizen. I have a pending adjustment of status application, I have an EAD and I work full time while I still go to school. 
 

So I want to file jointly but I don’t know how if I need to declare to be treated as a resident for tax purposes. If so, where and how do I declare this, is it done digitally or electronically. Do I file the return digitally or electronically.m. Or do I just file jointly using TurboTax or other apps. 
 

It is very confusing right now.
 

On 11/7/2022 at 7:18 AM, Mike E said:

The petitioner should writer a letter to the USCIS service center that is handling the I-130, and note the petitioner’s status has changed to citizen.  The cover letter should should  cite the  case number of I-130, and include s copy of I-130 receipt and naturalization certificate.  
 

The beneficiary should write s letter letter to the USCIS service center that is handling the I-485, and note the petitioner’s status has changed to citizen.  The cover letter should should  cite the  case number of I-485 and I-130, and include s copy of I-485 and I-130 receipt and naturalization certificate.  
 

Also you should not post duplicate topics. 
 

I’m still confused about this. Do I send both mails in one packet or separately. You mean the same address I sent the I-485 and I-130 during the adjustment of status application?

sorry for posting duplicate topics. 

4 hours ago, Mike E said:

Has the I-130 been approved?

No it hasn’t been approved. So what do I do 

Hello guys,

Months ago I’ve applied for AOS while my wife was still an LPR, so I am presently F2A. Months later, my EAD was approved. Recently my spouse became a US citizen. Please how do I upgrade my application from F2A to IR1. What is the process or steps to take. 
 

Thanks

13 hours ago, nastra30 said:

Also, I must add that once you use you AOS EAD, you are expected to inform your school to terminate your F-1 status.

Never heard of this before. If they terminate my F1 then what status do I fall under. 

21 minutes ago, nastra30 said:

It's a decision you'll have to decide for yourself.

But here's the gist.

+As soon as you use your AOS EAD to work, your F1 status is gone, and your status falls under 'pending adjustment of status'. The implication here is if your AOS is denied you'll have no status because F1 status will be gone, and you'll have to depart the US even if your studies is not complete.

+If you don't use the EAD, your F1 remains with all stipulations that come with it. So even if your AOS is denied, you'll still maintain your F1 non-immigrant status.

I’ve heard different contradiction when it comes to this subject but I feel that USCIS wouldn’t set you up that way. Why else would they include i765 in your adjustment of status package then go ahead and approve it knowing that you’re an F1 student.
 

Besides one of the advantages that come with AOS for an F1 is that you now pay instate tuition. So do you also lose your status once you convert tuition to instate tuition? Because that it also clearly using your AOS benefits. So I doubt the veracity of that statement, however it could also be true.

I hope someone can point me to an official document that explains this cos it’s quite confusing. 

So I’m an F1 student married to a USC, filed for AOS and have my i765 (EAD) approved. I want to know if I can work full time anywhere I like, while I also go to school full term, I don’t intend to leave school. Or do I still have to work within the school campus on less than 20 hours as stipulated for F1 student.. Thanks. 

On 9/9/2022 at 11:31 AM, Crazy Cat said:

No reason to worry.  It can take many months for your local office to schedule an interview. 

What about USCIS online account suddenly shows ‘concurrent filing’ and I-130 appears on it. It was previously just i765 and i485 only. Now it shows i130, i765 and i485. 

4 hours ago, TheJs said:

My husband had his biometrics yesterday and today his EAD status changed to Card Being Produced! 🥳 We filed AOS on Aug 17 and haven’t expedited anything. 

Are you K-1 or AOS? 

On 8/20/2022 at 5:47 PM, Adaora08 said:

Hi, I created this topic to keep in touch of all who filed as applicants from F2A category. Specially the ones of us that filed with Pending 1-130, so we can keep in touch.

 

My timeline:

I-130 filed online on July 07th, 2022

AOS package sent July 28th, 2022

AOS package arrived Chicago Lockbox on July 29th 2022

E-Notifications received via email and via sms on August 2nd.

Biometrics notification received on August 5th

Biometrics scheduled for August 25th 2022

Early walk in for Biometrics on August 11th.

 

 

Now it's time to wait.

Did your status change to ‘biometrics done’ since you did an early walk in or is it still the same. Some say it doesn’t change until the actual original biometrics date. I want to be sure cos I want to do an early walk in too. 

1 minute ago, Mike E said:

You don’t because of the answer to question 3.  
 

it means you can file I-485 without waiting for I-130 to be approved.  

 

I would not wait.  
 

You should maintain your F-1 status for as long as possible to avoid accruing unauthorized presence. While filing I-485 does provide authorized presence, if for some reason I-485, I-864, I-130, or I-130A, are rejected or denied, if you terminated your F-1 status you would enter into in authorized presence which is not forgiven.  
 

 Once your spouse becomes a citizen, if your case is rejected or denied after your F-1 status ends, then your unauthorized presence is forgiven and regardless you will have a typically 33 day grace from notice of denial to refile   

 

Also note that the guide I linked is written specifically for US citizens petitioning spouses.  Modify  the steps appropriately: instead of your spouse providing a copy of evidence of US citizenship, your spouse would provide a copy of the green card. 

 

Thank you for your reply. However while filing concurrently, do I need to submit the I-130 online while the I-145 is sent by paper or send both by paper to the same address.
 

So i’m curious, after filing the I-130, does the receipt number show up immediately to add to the I-145 or not, what do I write in the column on I-145 that requires receipt or approval notice number.
 

Also for divorce decree or proof of divorce from previous marriages, is it a photocopy or the original that should be sent. 

Hello, I’m an F1 student with active status and married to a green card holder. We have a child together born here in the US.
 

1. I’ve been reading about the process of  filling and people suggested to file both the I-130 and I-145 concurrently but I believe I would need an approval notice and a number after filing I-130 before I proceed with I-145 or don’t I? Please I need your help here. 

2. Also, I would like a little guide on the respective forms to fill out and documents needed specifically for my situation. 

3. I noticed that there is a ‘current’ on visa numbers for GC spouses in the US what does that mean 

4. She is due to apply for US citizenship in august, do I wait for her to get her citizenship before I apply for adjustment of status or proceed with my own application.

Thanks