Result of my Infopass Appointment- Re pending EAD

[Pisces221 0]

Hi everyone, I have just done my 8:30AM infopass appointment today regarding my pending EAD which was over 90 days already. The officer that I talked to said they might not have processed it since I have not filed my AOS yet. I explained to him that as per my reading in the USCIS rules and regulation as K-3, I can apply for EAD alone in the category of (a)(9) and apply for AOS later. He said that I can but maybe the office had mislooked it. I asked him if they can give me an interim EAD in order for me to get my SS number, he answered that the local office cannot issue such document but he will email the service center for that request. He said I will hear from the USCIS within 2-4 weeks after today. It will be another 30 days waiting? He said that's it if you file in the immigration...wait...wait and wait. My problem is my husband had not filed yet his income tax return for year 2007 because we will be filing jointly and my SS number is needed to file that return. How could we file my AOS if his income tax return has not been filed yet? But the officer just said that wait...wait...wait, he can do nothing except emailing the service center where my I-765 is pending for processing. Please if anyone who can suggest what's the next step that I will do to speed up the process of my EAD, I will appreciate it very much. Thanks so much!!!!

[Carlawarla 1]

Hi everyone, I have just done my 8:30AM infopass appointment today regarding my pending EAD which was over 90 days already. The officer that I talked to said they might not have processed it since I have not filed my AOS yet. I explained to him that as per my reading in the USCIS rules and regulation as K-3, I can apply for EAD alone in the category of (a)(9) and apply for AOS later. He said that I can but maybe the office had mislooked it. I asked him if they can give me an interim EAD in order for me to get my SS number, he answered that the local office cannot issue such document but he will email the service center for that request. He said I will hear from the USCIS within 2-4 weeks after today. It will be another 30 days waiting? He said that's it if you file in the immigration...wait...wait and wait. My problem is my husband had not filed yet his income tax return for year 2007 because we will be filing jointly and my SS number is needed to file that return. How could we file my AOS if his income tax return has not been filed yet? But the officer just said that wait...wait...wait, he can do nothing except emailing the service center where my I-765 is pending for processing. Please if anyone who can suggest what's the next step that I will do to speed up the process of my EAD, I will appreciate it very much. Thanks so much!!!!

The only thing I can suggest is that you submit your AOS information after your husband does the taxes. You do NOT need a SSN to submit your taxes! You can even have an interim number assigned to you until you get your SSN for this purpose. I have no idea why your husband is saying this. Until then, I think you've probably done all you can. Someone else mentioned on here once that when they had an info pass appointment that when the service center emailed them, they received it very shortly after.

Best of luck!

[doug and leann 0]

Hey, I can't believe that's what the officer told you. He was not very helpful at all. I applied for EAD at Vermont, under category (a)(9), 1 month before I applied for AOS. As you can see in my timeline, it only took less than 2 months. As to what their reason for such a lag, who knows? Call the number written on your NOA. Get in touch with someone who's actually working in that service center where you applied for EAD. Some cases got delayed cause for some reason, their application has been sent to a storage facility.

If you wanna file taxes jointly, you will need an SSN. Since you're not eligible yet, you might wanna apply for a tax identification number from the IRS. I almost did this so we could file jointly, but we didn't get a chance to. I just waited for my EAD to apply for SSN. I just got my SS card yesterday.

Do you really have to file taxes jointly? Everything that's connected to that is keeping you from filing for AOS. Isn't it late to file for 2007 taxes now? If I remember correctly, the deadline was April 2008.

[Pisces221 0]

Hey, I can't believe that's what the officer told you. He was not very helpful at all. I applied for EAD at Vermont, under category (a)(9), 1 month before I applied for AOS. As you can see in my timeline, it only took less than 2 months. As to what their reason for such a lag, who knows? Call the number written on your NOA. Get in touch with someone who's actually working in that service center where you applied for EAD. Some cases got delayed cause for some reason, their application has been sent to a storage facility.

If you wanna file taxes jointly, you will need an SSN. Since you're not eligible yet, you might wanna apply for a tax identification number from the IRS. I almost did this so we could file jointly, but we didn't get a chance to. I just waited for my EAD to apply for SSN. I just got my SS card yesterday.

Do you really have to file taxes jointly? Everything that's connected to that is keeping you from filing for AOS. Isn't it late to file for 2007 taxes now? If I remember correctly, the deadline was April 2008.

We will file the income tax return jointly because we will get a higher refund, yes it will be late filing but we won't have penalties because it's refundable. I will try again calling the USCIS hotline and try to apply for a tax identification number from the IRS. Yes, the officer told me that and I was even surprised when he said that it's always wait...wait with regards to immigration process...meaning they are working so slow...and he looks Asian..maybe from Laos or Cambodia...Thanks for the advice.

[Pisces221 0]

Hi everyone, I have just done my 8:30AM infopass appointment today regarding my pending EAD which was over 90 days already. The officer that I talked to said they might not have processed it since I have not filed my AOS yet. I explained to him that as per my reading in the USCIS rules and regulation as K-3, I can apply for EAD alone in the category of (a)(9) and apply for AOS later. He said that I can but maybe the office had mislooked it. I asked him if they can give me an interim EAD in order for me to get my SS number, he answered that the local office cannot issue such document but he will email the service center for that request. He said I will hear from the USCIS within 2-4 weeks after today. It will be another 30 days waiting? He said that's it if you file in the immigration...wait...wait and wait. My problem is my husband had not filed yet his income tax return for year 2007 because we will be filing jointly and my SS number is needed to file that return. How could we file my AOS if his income tax return has not been filed yet? But the officer just said that wait...wait...wait, he can do nothing except emailing the service center where my I-765 is pending for processing. Please if anyone who can suggest what's the next step that I will do to speed up the process of my EAD, I will appreciate it very much. Thanks so much!!!!

The only thing I can suggest is that you submit your AOS information after your husband does the taxes. You do NOT need a SSN to submit your taxes! You can even have an interim number assigned to you until you get your SSN for this purpose. I have no idea why your husband is saying this. Until then, I think you've probably done all you can. Someone else mentioned on here once that when they had an info pass appointment that when the service center emailed them, they received it very shortly after.

Best of luck!

Thanks!

[island_princess 2]

On Jan 3 of this year, I filed for EAD under a(9). Fortunately, there was no problem. I have my biometrics Jan 25, and got my EAD card in the mail on March 25 (or 27).

About ITR, my husband file as Head of Household since I was not able to get my ITIN with the IRS. By the way, you don't need SSn to get ITR, an ITIN will do. I arrived in the US on 09/06/2007 and my husband's accountant said that he can not claim me as dependent yet since I have been here for less than six months (during ITR application). I don't know if this is correct or not, because in the Philippines, even if you are married on 12/31 you can still be fully claimed as a spouse/dependent.

Edited July 25, 2008 by island_princess

[Pisces221 0]

On Jan 3 of this year, I filed for EAD under a(9). Fortunately, there was no problem. I have my biometrics Jan 25, and got my EAD card in the mail on March 25 (or 27).

About ITR, my husband file as Head of Household since I was not able to get my ITIN with the IRS. By the way, you don't need SSn to get ITR, an ITIN will do. I arrived in the US on 09/06/2007 and my husband's accountant said that he can not claim me as dependent yet since I have been here for less than six months (during ITR application). I don't know if this is correct or not, because in the Philippines, even if you are married on 12/31 you can still be fully claimed as a spouse/dependent.

Thanks for the info.

[zsam 0]

re: tax returns..I filed in 2005 when hubby got here but without a SSN or an tax ID number. at that time, i was told he couldn't get an tax id number (or whatever it is called) since he is eligible for a SSN. What I did was I filed as married filing jointly and the return in less due to the lack of a SSN. then about a year later I filed an adjustment, explained the SSN situation and reclaimed that amount.

[Urge To Race 2]

Spouses are never dependents on federal tax returns. You can file jointly. Your accountant was wrong, if you were married on 12/31 of a particular year, you must file as married (either jointly or filing separately). No length of stay in US or length of marriage is required to file jointly if you elect to do so.

If you had a high foreign income before coming to the US, and it increases the taxes you and your spouse will owe if you expose that income as US taxable by electing to file jointly, then you might elect to file separately and get a waiver for your foreign income. To do this, you have to get into how long you were in the US, etc. But to just file jointly and let the entirety of both of your incomes be US taxable, you could easily have done that.

On Jan 3 of this year, I filed for EAD under a(9). Fortunately, there was no problem. I have my biometrics Jan 25, and got my EAD card in the mail on March 25 (or 27).

About ITR, my husband file as Head of Household since I was not able to get my ITIN with the IRS. By the way, you don't need SSn to get ITR, an ITIN will do. I arrived in the US on 09/06/2007 and my husband's accountant said that he can not claim me as dependent yet since I have been here for less than six months (during ITR application). I don't know if this is correct or not, because in the Philippines, even if you are married on 12/31 you can still be fully claimed as a spouse/dependent.