I-751 November 2011 Filers

[menina 50]

Same for Virginia. When I went for biometrics they told me the NOA extends my GC by a year, but the DMV said it is just a year from the date on the NOA. I guess that is correct and the biometric techs don't know anything lol.

If they pick you for interview how much notice do you get?

We had about 2 weeks notice for our interview.

[popthecork 0]

Congratulations to all those who have been receiving approvals!! We are stuck in VT processing so we will be waiting with the others.

I did want to tell my VJ friends that my husband and I have travelled back to his home country recently. We came back separately. We had cancelled my husbands original return ticket and had to purchase a one way trip back with connections and returning to a different airport than origination. With all of these changes I was very worried that he would get denied entry because of his expired GC and the NOA1. He came back two days ago and had the nicest guy at the airport. He had no trouble at all entering the country. We hear so many bad stories of people in our situation, I wanted to share the good story.

[M -and- A 3]

Received RFE today dated 04/30. (The first RFE in our entire journey)

(1) You submitted one joint 2010 Federal tax returns [sic]. Please submit tax returns for the 2 years conditional residence period.

At first, I thought, that's strange! I could not have possibly submitted a tax return for year 2011 at the time I submitted the petition. Then my wife pointed out that perhaps it was just timing - if our petition was processed after the 4/17 federal tax submission deadline, maybe they would require both years. That'd be bad news for everyone else still waiting. Then, upon reflection, I remember I only submitted a partial copy (perhaps only 1 page) of the 2010 tax transcript. I don't know why I did that, but this is the price I'll have to pay for it. I have until July 23 to submit both returns, but I'll almost certainly submit sooner, probably this week.

[MikeInWyoming 2]

Received RFE today dated 04/30. (The first RFE in our entire journey)

(1) You submitted one joint 2010 Federal tax returns [sic]. Please submit tax returns for the 2 years conditional residence period.

At first, I thought, that's strange! I could not have possibly submitted a tax return for year 2011 at the time I submitted the petition. Then my wife pointed out that perhaps it was just timing - if our petition was processed after the 4/17 federal tax submission deadline, maybe they would require both years. That'd be bad news for everyone else still waiting. Then, upon reflection, I remember I only submitted a partial copy (perhaps only 1 page) of the 2010 tax transcript. I don't know why I did that, but this is the price I'll have to pay for it. I have until July 23 to submit both returns, but I'll almost certainly submit sooner, probably this week.

You should have submitted both the complete 2009 (filed in April 2010) and the complete 2010 (filed in April 2011) Your original filing USCIS filing for AoS would have been before the 2009 tax filing.

[vartanarsen2 2]

You should have submitted both the complete 2009 (filed in April 2010) and the complete 2010 (filed in April 2011) Your original filing USCIS filing for AoS would have been before the 2009 tax filing.

Lol ..... just went back to check my package

[Hedi 24]

We sent in our package at the end of January (1/30) and included the 2009 and 2010 tax returns. Since we didn't have the 2011 tax return at that time, we submitted our appointment letter with our tax accoutant for the 2011 taxes instead. Fortunately we had that letter and I thought I might as well put that in the packet, just to show we will be filing our 2011 taxes together.

On the other hand a friend of ours and his wife just went through this process last August/September and didn't include any tax returns (they forgot), and they still got the green card approval. One never knows.

[M -and- A 3]

You should have submitted both the complete 2009 (filed in April 2010) and the complete 2010 (filed in April 2011) Your original filing USCIS filing for AoS would have been before the 2009 tax filing.

My wife didn't arrive in the states until January 2010, so I don't think supplying a 2009 tax return would have provided any evidence of a entering a good faith marriage or continuing to share a life together since the time she received her conditional green card.

[MikeInWyoming 2]

My wife didn't arrive in the states until January 2010, so I don't think supplying a 2009 tax return would have provided any evidence of a entering a good faith marriage or continuing to share a life together since the time she received her conditional green card.

I'm sorry and I guess it's none of my business, but your sig/timeline says:

2009-10-25: AOS bill shows PAID online

In light of that, I have one question: How do you file for an AoS for a person who hast yet to arrive in the US?

IMHO, the USCIS is looking at the filing date for the AoS and saying you are short a tax return and indeed you are! If there is a legal way to file for an AoS for a woman who has yet to enter the country, you need to explain that as part of the RFE along with your 2009 return which shows your legal status at the time.

Edited May 6, 2012 by MikeInWyoming

[Tygrys 143]

I'm sorry and I guess it's none of my business, but your sig/timeline says:

2009-10-25: AOS bill shows PAID online

In light of that, I have one question: How do you file for an AoS for a person who hast yet to arrive in the US?

IMHO, the USCIS is looking at the filing date for the AoS and saying you are short a tax return and indeed you are! If there is a legal way to file for an AoS for a woman who has yet to enter the country, you need to explain that as part of the RFE along with your 2009 return which shows your legal status at the time.

They did CR-1/IR1 process, not AOS from K-1.

AOS fee was paid to NVC well before she interviewed, received her visa or entered at POE.

[MikeInWyoming 2]

They did CR-1/IR1 process, not AOS from K-1.

AOS fee was paid to NVC well before she interviewed, received her visa or entered at POE.

That being the case, and I sure am not an expert of such matters, the 2009 tax return would still need to be submitted with the accompanying explanation. The rules have no nuance, even if the process permits nuanced actions. Note Mike & Sachie initial post and the language they quoted.

Mike & Sachie, on 05 May 2012 - 10:20 PM, said:

Received RFE today dated 04/30. (The first RFE in our entire journey)

(1) You submitted one joint 2010 Federal tax returns [sic]. Please submit tax returns for the 2 years conditional residence period.

The RoC assumes two years of residency. It is up to Mike and Sachie to explain why that does not exist.

[OrangeNation 0]

I have a question: If something is wrong with your application, does the USCIS send you the RFE first then the interview request later? Is there any chance that the USCIS send you an interview request without the RFE first?

I'm just really worried because I haven't heard from them yet.

[Tygrys 143]

That being the case, and I sure am not an expert of such matters, the 2009 tax return would still need to be submitted with the accompanying explanation. The rules have no nuance, even if the process permits nuanced actions. Note Mike & Sachie initial post and the language they quoted.

The RoC assumes two years of residency. It is up to Mike and Sachie to explain why that does not exist.

His wife's residency has not started until arrival at POE in January 2010, but I agree that it's up to OP to explain.

As we all know, sometimes RFEs are kind of confusing and I think they are maybe asking for 2010 and 2011 tax years? For tax year 2009, the OP should have filed as 'Married filed separately', so I don't know how that would help... on the other hand can't hurt sending them tax transcripts for all 3 years in response to RFE.

[Tygrys 143]

I have a question: If something is wrong with your application, does the USCIS send you the RFE first then the interview request later? Is there any chance that the USCIS send you an interview request without the RFE first?

I'm just really worried because I haven't heard from them yet.

You only get RFE is something is missing from your application or USCIS wants more documentation.

You have no timeline, so it would be really hard to tell if you should be worried or not (timewise).

[MikeInWyoming 2]

His wife's residency has not started until arrival at POE in January 2010, but I agree that it's up to OP to explain.

As we all know, sometimes RFEs are kind of confusing and I think they are maybe asking for 2010 and 2011 tax years? For tax year 2009, the OP should have filed as 'Married filed separately', so I don't know how that would help... on the other hand can't hurt sending them tax transcripts for all 3 years in response to RFE.

Personally I would send all three, but 2009 is critical along with an attached affidavit explaining why it is not a joint filing. It is always best to send more than they need as opposed to deciding for them what they need!

[Liudan1004 0]

How come I didn't get the confirmation letter (NOA1?) ?

I mailed the package on 11/13/2011. The 1st letter they sent to me, the only letter I got so far, was the finger print appointment. I did it in Dec2011.

Also I checked online, my case was under initial review and they said they received my case on 11/28/2011.

So they do filed my case. My problem is I can't go aboard without Noa1.

What can I do now?

Package sent: 11/13/2011 (Vermont center)

Noa1: ?

Finger print: 12/31/2011

Edited May 8, 2012 by Liudan1004