No EAD - wondering if we should reschedule interview.

[NateM 0]

(Note: I've italicized some of the main points and questions to help clarify my primary concerns, though reading the entire post is necessary to fully understand them.) My wife arrived here on a K-1 in March 2009, and we sent in her AOS application toward the end of June 2009. We got her Social Security Number/card during that time period, but after getting married, we were unable to change it to her new last name (because her I-94 had only two weeks left before expiration).

From what I had read in the forum, I learned that we had to wait for her EAD to arrive before we could get her Social Security info updated. I also was under the impression that this had to be done before we could get a joint bank account and other things to help prove our relationship (I've recently learned I was mistaken regarding this, but that's what I thought at the time). So... We waited for the EAD to arrive. And waited… We received other things in the mail, such as her NOA1, Advanced Parole approval, etc., but no EAD. We just assumed that the USCIS was taking it's time. Then...

A few days ago, we received a notice in the mail of our interview date, which is only a month from now! We feel quite unprepared, as we don't have a lot of stuff to suggest we are married, other than our marriage certificate and wedding pictures (along with a moderate number of other pictures of us together). We are opening a joint bank account tomorrow, but it will have only been opened a month before our interview, which I hope won't look "weird." Also, because we live with one of our relatives, we help with the bills, but none of the bills are in our name. And I don't think we can file a joint tax return if my wife has been unable to work all this time.

Maybe I'm worrying too much, but I'm wondering if we should possibly reschedule our interview, to allow us time to obtain more "evidence" like the type noted above. I know people are not supposed to reschedule without having a very good reason, but do you think this is a good reason? I'm unsure how picky about this type of evidence they are (though I'm guessing quite picky). I called the USCIS and asked about this, but the lady I spoke with seemed to know nothing and to be speaking from some sort of flow chart. It was ridiculous. She kept saying, "Only the officer at the interview can make that determination." I asked her if we went to the interview and the officer determined more evidence was needed, if he or she would give us time to come back with that evidence, or if my wife would simply be told to leave the country in 30 days (a question I still don't know the answer to - does anyone know?). I suppose those are my main questions, though I'm also curious how common it is for someone to not receive their EAD prior to their AOS interview (perhaps this can be sort of a bonus question). Any input would be greatly appreciated, as we are feeling rather stressed about all of this.

[Starburst 4]

Hey,

I would not reschedule your interview! You are one of the lucky ones who got to have it so quickly!

What you can do, is when you open your joint bank, get a letter from them stating that you have a joint account, and that it's active.

Also get a family member to write a signed letter stating that you live with them, that you pay approx XX a month towards bills.

I didn't have any bank statements when I went for my interview at all. He seemed to like that we brought tons of pictures. I had originally sent in a lot, but on top of that I made a small photo album/scrapbook, and he told us he really enjoyed it. So maybe you can make something like that.

I didn't have my name on one single bill, sans the health insurance.

Sign up for any type of membership that you can, and bring copies of the cards, or letters from the places.

I'm pretty sure these officers understand that the interview came fast, and you didn't have much time to prepare.

I also think however, that you will get your EAD before the interview. I only had mine a few short weeks before my interview.

Anyways just gather what you can, and do your best. If they ask you why you don't have more evidence, just explain that you haven't got your EAD yet (if you don't get it) or explain you just got it recently, and were unable to add her name to a lot of things before the interview.

Good Luck!!

[SunDrop 59]

Hey,

I would not reschedule your interview! You are one of the lucky ones who got to have it so quickly!

I'm pretty sure these officers understand that the interview came fast, and you didn't have much time to prepare.

I also think however, that you will get your EAD before the interview. I only had mine a few short weeks before my interview.

Hang on, how is an AOS interview filed in June 09 fast if it'll be 1 year since the beneficiary entered the country? By most standards, the EAD should have arrived by end of September on average.

Once you interview, and your CGC is ordered, the EAD becomes null and void. If you'd asked the question several months ago, you may have received suggestions to make an INFOPASS appointment, which can be done through the USCIS website. They would have been able to tell you if the EAD had been ordered and therefore lost in the post? It's rather a moot point now that your interview is only 1 month away.

To the best of my understanding, you can file jointly, irrespective of whether she worked or not. Fact is, you spent most of 2009 living as a married couple. So go for it. She has a SSN, so you won't need an ITIN, which is a good thing as it'll speed processing up. If she'd arrived on December 30 and you were married December 31, you could file jointly as a married couple for the whole of 2009 and obviously she wouldn't have been working. There is a Tax Thread that historically is full of useful information, though I haven't read this year's thread yet. A quick glance over the forums should show it on the first page, as it's quite a hot topic at the moment.

As a PP stated, notarized statements from your family saying that you have been living together at that address. What about any mail received in both your names? I'm already on my fiance's blockbuster and bestbuy accounts, maybe they could print a screen shot of those memberships for you. Gym memberships, store cards with secondary cards in her name, the fact that you have a joint account now is fine. What about car deeds and insurance? Family plan cell phones and records showing calls/ texts between phones?

If at interview, the IO decides they want more proof, you should get more time to provide evidence and while her AOS is still pending, she wouldn't be deported. It's up to you to make absolutely certain that any additional documentation that could be requested is received by the deadline.

Look into filing your taxes jointly and start thinking outside of the box for anything that ties you together as a couple.

Edited February 9, 2010 by SunDrop

[NateM 0]

Hi guys,

Thanks for the replies - I really appreciate it. I'm reading this very late at night, and may have some follow-up questions on this thread once I'm rested. One quick question for now. One of you mentioned, "She has a SSN, so you won't need an ITIN, which is a good thing as it'll speed processing up." This made me begin wondering... I had my taxes done professionally last year, but this year I will likely have to prepare them myself to save money. What exactly should I have ready to show them by the time of the interview? Would a photocopy of our 1040 or 1040s suffice, and do the taxes actually have to be showing in the government/IRS computer system as well by the interview date? I ask because I know there is some lag time before the info gets into the computer system if I mail the 1040 in, and the date is already fast approaching. It seems filing electronically could solve this problem, but if I do this, what physical document would I show for proof? (IRS Tax Transcripts perhaps? I'm not sure if those are generated instantly upon electronic filing or what..). If anyone knows, your input would be greatly appreciated.

[Starburst 4]

Hi,

We submitted ours online this year (and he has done his every year online)

When we submitted our application, if you use Turbo Tax, they give you a PDF file of your tax return.

That's all we sent in with our W2's and we had no problem at all.

So maybe you can do that?

It's very cheap. I think around $20 to do through them!

Good Luck

[edp333 9]

A photocopy of your 1040 will suffice. The 2009 transcripts will not be available for awhile. As previously mentioned, TurboTax allows you to print a copy of your 1040 and you can save the pdf file too.

[VanessaTony 3,567]

There's a few of things you haven't thought of so fear not!

- One big thing they like is the bank account which you've now dealt with. You can always explain the bank issue if they look at dates. I don't know if they need that though. We'll just be taking a bank statement showing joint names.

- I assume you guys are on a phone plan together? Take a copy of that. You can add her to the mailing address section (we did, we're with Verizon) so the account isn't in my name, but the bill comes to both our names

- What about health insurance? Or Wills or anything like that?

- affidavits from friends

- affidavit from your parents regarding living with you

- letters (like christmas/birthday cards or other things) that have been mailed to the same address

- membership cards & their mailing address

- wedding album & any other pics

- If she has a gym membership or any other membership and it's been coming out of your account

Think of ANYTHING with joint names.

Good luck I wouldn't postpone.

A photocopy of your 1040 will suffice. The 2009 transcripts will not be available for awhile. As previously mentioned, TurboTax allows you to print a copy of your 1040 and you can save the pdf file too.

Yep. 2009 isn't due until April 15 2010 so until then the "current" tax year that they MUST have is 08. After April 15 the will be asking for 09.

Edited February 11, 2010 by Vanessa&Tony

[Anh map 2,098]

Yes, you will want to submit a copy of your 2009 joint tax return. No need for a transcript. As stated before you can print a copy of your return to submit along with copies of other schedules and W2's/1099's. Don't forget to sign the tax return.

Bring a letter from your bank if you haven't received a statement by that time. You may have to explain why you only recently opened the account.

An affidavit from your relative who owns the house stating how long you both have lived there will be good. That is what we supplied at the AOS interview.

Some photos of the both of you with family and friends, at events are good. Don't be overly dependent on photos. If you've traveled anywhere include boarding passes, etc.

Gather all the evidence of your comingled lives since marriage. Mail addressed to the both of you, joint accounts/memberships, car insurance, driver's license showing the same address, etc. Did you add your spouse to your health insurance? If so, supply copies of the cards. If you've done wills supply copies. If your spouse is the beneficiary of any insurance policy send evidence of that.

Edited February 12, 2010 by Anh map

[Darnell 8,479]

And I don't think we can file a joint tax return if my wife has been unable to work all this time. totally false. Go ahead and file.

[Brother Hesekiel 2,236]

You worry too much. Waaaaayyyyyyyyyyyyy tooooooo much.

Complete hogwash. AOS for K-1s is a formality where the I.O. tries to figure out if you are "real."

I can figure that out without a piece of paper within 5 minutes by just looking at your body language, and so can they.

[Gary and Alla 3,694]

(Note: I've italicized some of the main points and questions to help clarify my primary concerns, though reading the entire post is necessary to fully understand them.) My wife arrived here on a K-1 in March 2009, and we sent in her AOS application toward the end of June 2009. We got her Social Security Number/card during that time period, but after getting married, we were unable to change it to her new last name (because her I-94 had only two weeks left before expiration).

From what I had read in the forum, I learned that we had to wait for her EAD to arrive before we could get her Social Security info updated. I also was under the impression that this had to be done before we could get a joint bank account and other things to help prove our relationship (I've recently learned I was mistaken regarding this, but that's what I thought at the time). So... We waited for the EAD to arrive. And waited… We received other things in the mail, such as her NOA1, Advanced Parole approval, etc., but no EAD. We just assumed that the USCIS was taking it's time. Then...

A few days ago, we received a notice in the mail of our interview date, which is only a month from now! We feel quite unprepared, as we don't have a lot of stuff to suggest we are married, other than our marriage certificate and wedding pictures (along with a moderate number of other pictures of us together). We are opening a joint bank account tomorrow, but it will have only been opened a month before our interview, which I hope won't look "weird." Also, because we live with one of our relatives, we help with the bills, but none of the bills are in our name. And I don't think we can file a joint tax return if my wife has been unable to work all this time.

Maybe I'm worrying too much, but I'm wondering if we should possibly reschedule our interview, to allow us time to obtain more "evidence" like the type noted above. I know people are not supposed to reschedule without having a very good reason, but do you think this is a good reason? I'm unsure how picky about this type of evidence they are (though I'm guessing quite picky). I called the USCIS and asked about this, but the lady I spoke with seemed to know nothing and to be speaking from some sort of flow chart. It was ridiculous. She kept saying, "Only the officer at the interview can make that determination." I asked her if we went to the interview and the officer determined more evidence was needed, if he or she would give us time to come back with that evidence, or if my wife would simply be told to leave the country in 30 days (a question I still don't know the answer to - does anyone know?). I suppose those are my main questions, though I'm also curious how common it is for someone to not receive their EAD prior to their AOS interview (perhaps this can be sort of a bonus question). Any input would be greatly appreciated, as we are feeling rather stressed about all of this.

Do not re-schedule your interview. You do not need to update SS info before opening a bank account. She has an SSN?

Here is how this worked for us. Alla applied for her SSN 16 hours after arriving. The next morning we called the SS office from my cell phone in the bank parking lot and she was given her SS NUMBER (the number never changes) she hung up and we walked into the bank and added her to my account exactly 40 afters after she arrived, her bags were not completely unpacked.

We received her green card before we received her EAD, it made no difference at the interview.

Do not change anything, do not wait to add her to your bank account (if she has an SSN) Do not call USCIS, you are correct to surmise the person you talked to knows nothing. She has a menu card of 14 answers (not kidding)

[Gary and Alla 3,694]

Hi guys,

Thanks for the replies - I really appreciate it. I'm reading this very late at night, and may have some follow-up questions on this thread once I'm rested. One quick question for now. One of you mentioned, "She has a SSN, so you won't need an ITIN, which is a good thing as it'll speed processing up." This made me begin wondering... I had my taxes done professionally last year, but this year I will likely have to prepare them myself to save money. What exactly should I have ready to show them by the time of the interview? Would a photocopy of our 1040 or 1040s suffice, and do the taxes actually have to be showing in the government/IRS computer system as well by the interview date? I ask because I know there is some lag time before the info gets into the computer system if I mail the 1040 in, and the date is already fast approaching. It seems filing electronically could solve this problem, but if I do this, what physical document would I show for proof? (IRS Tax Transcripts perhaps? I'm not sure if those are generated instantly upon electronic filing or what..). If anyone knows, your input would be greatly appreciated.

You CAN file jointly (SSN or not) and you can present a photocopy of this years taxes (2009) if you want to. Transcripts are optional and will not be available for 2009 for a few months.

Stop worrying.

[nurminen 0]

My wife and I just filed jointly and I wasn't working. If the two of you combined made under $50K last year, go to the IRS website and find a list of free online tax software. We filed our federal taxes for free using the H&R Block software found there. Additionally, the software allowed us to file state taxes for only $9.95.