I just got my receipt notice.So excited !! But I have a few questions..

[Freedove7 17]

I mailed my application on April 11th and USCIS received it on the 16th.I decided to do this in two steps so I had sent the I130 back in January.I submitted a copy of the NOA with the AOS package and wrote a letter asking them to please make my case concurrent.So I see that my priority date is January 2012...So my case did become concurrent right ?? So its like I did the one step process in January ? What date are they working on now?Also the 17th was the last day to file taxes,so since they received it on the 16th,they wont need this year's tax? My joint sponsor makes more than enough so hopefully my husband's tax return wont be needed.We went to an accountant and he said it would be difficult for my husband to file since he gets paid off the book..long story.Anyhow,we sent his tax info for the 3 most recent tax yrs he did file for...We've been married for almost 5 yrs,been together since I was a teenager,we have a kid..Since I am temporarily legal and have a valid social,do I have a good chance of being granted Permanent Residency? Im excited but im still very nervous.I waited years for this moment.It feels surreal...so if all goes well,since my priority date is January 2011,when will my interview be? I was told my application was at the National Benefits Center.What goes on there and whats next ??

Edited April 23, 2012 by Freedove7

[jdh 103]

I mailed my application on April 11th and USCIS received it on the 16th.I decided to do this in two steps so I had sent the I130 back in January.I submitted a copy of the NOA with the AOS package and wrote a letter asking them to please make my case concurrent.So I see that my priority date is January 2012...So my case did become concurrent right ?? So its like I did the one step process in January ? What date are they working on now?Also the 17th was the last day to file taxes,so since they received it on the 16th,they wont need this year's tax? My joint sponsor makes more than enough so hopefully my husband's tax return wont be needed.We went to an accountant and he said it would be difficult for my husband to file since he gets paid off the book..long story.Anyhow,we sent his tax info for the 3 most recent tax yrs he did file for...We've been married for almost 5 yrs,been together since I was a teenager,we have a kid..Since I am temporarily legal and have a valid social,do I have a good chance of being granted Permanent Residency? Im excited but im still very nervous.I waited years for this moment.It feels surreal...so if all goes well,since my priority date is January 2011,when will my interview be? I was told my application was at the National Benefits Center.What goes on there and whats next ??

How do you have a social already? Did you already have work status or something?

You shouldn't have any issues adjusting, from what I can tell...providing your original entry was legal and you have not claimed to be a US citizen on any papers...

they may very well ask for your husbands 2010 tax returns at this point...they received the application before the filing deadline but that doesn't mean anybody actually looked at it until later...I would plan on being asked for it just to be safe...some people have been asked for them, but not all.

[Freedove7 17]

How do you have a social already? Did you already have work status or something?

You shouldn't have any issues adjusting, from what I can tell...providing your original entry was legal and you have not claimed to be a US citizen on any papers...

they may very well ask for your husbands 2010 tax returns at this point...they received the application before the filing deadline but that doesn't mean anybody actually looked at it until later...I would plan on being asked for it just to be safe...some people have been asked for them, but not all.

Im currently under temporary protected status and have been since December.My husband wasn't employed in 2010.But we sent his tax returns for 2009,2008 and 2007.I have a co sponsor also.

[jdh 103]

Just an FYI, being unemployed does not preclude him from not filing taxes.

If he isn't including the most recent tax year he would have to send a letter explaining why he was exempt from filing along with an attachement displaying the applicable tax law. Likely in this case, the income charts from the 1040 instructions.

[Mike X Man 37]

Im currently under temporary protected status and have been since December.My husband wasn't employed in 2010.But we sent his tax returns for 2009,2008 and 2007.I have a co sponsor also.

Like stated above you will get an RFE if no letter (or additional evidence if needed) was provided to explain the absence of your petitioning sponsor's (husband) tax filing in 2011 or 2010 (depending when you filed.)

[Freedove7 17]

Like stated above you will get an RFE if no letter (or additional evidence if needed) was provided to explain the absence of your petitioning sponsor's (husband) tax filing in 2011 or 2010 (depending when you filed.)

We submitted a letter stating he was unemployed in 2010 and we sent the Aos package before the tax filinf deadline.They received my aos package on April 16 th.Are we in the clear for rfe's ??

[jdh 103]

Not even a little bit.

They probably haven't even looked at it yet other than opening the envelope and a filing clerk resorting it....

It's not enough just to state he was unemployed.

If you submitted the applicable tax laws that precluded him from having to file, than you might not get an RFE. Otherwise expect it. It can come anytime before and even in the interview...I also would expect them to ask for the 2011 filing. If you don't get an RFE for it they could very easily ask for it in the interview. I really would expect it given that he didn't file any in 2010.

Edited April 28, 2012 by jdh

[Freedove7 17]

Well he was unemployed.If he had no income then how can he be expected to pay taxes?We did send Irs transcripts of his 2009,2008,2007 tax returns.Do you think that will help? I expect them to consider the fact that I have a joint sponsor.When my husband applied for his citizenship ,he had no income ..Is it too late to try to solve this tax issue?An accountant said it would be a difficult process ..long story.I am hoping for the best & will stay positive.

Edited April 29, 2012 by Freedove7

[Basee 2]

Not even a little bit.

They probably haven't even looked at it yet other than opening the envelope and a filing clerk resorting it....

It's not enough just to state he was unemployed.

If you submitted the applicable tax laws that precluded him from having to file, than you might not get an RFE. Otherwise expect it. It can come anytime before and even in the interview...I also would expect them to ask for the 2011 filing. If you don't get an RFE for it they could very easily ask for it in the interview. I really would expect it given that he didn't file any in 2010.

The taxes thing is a bit sticky... i really thimk he should get something from irs for 2011 or 2010 at least. my money is on you getting an rfe.

[Freedove7 17]

The taxes thing is a bit sticky... i really thimk he should get something from irs for 2011 or 2010 at least. my money is on you getting an rfe.

Its impossible to get something for 2010 because he had no income.We filed for aos before the tax filing deadline so I heard 2011 tax return might not be needed...I hope I dont get a rfe because my co sponsor makes more than enough...

Like stated above you will get an RFE if no letter (or additional evidence if needed) was provided to explain the absence of your petitioning sponsor's (husband) tax filing in 2011 or 2010 (depending when you filed.)

How could he have filed for taxes last year if he was unemployed ? Also,we filed before the tax filing deadline.We wrote a letter explaining why he didnt submit 2010's income tax return..He had no income.He was unemployed...So what role does a co sponsor play ?

Edited April 29, 2012 by Freedove7

[Little_My 464]

Filing for taxes is different than paying taxes. Just because he wasn't working doesn't necessarily mean he is still not obligated to file. Now, he might not be - I am not an expert in US tax laws, because - thank god - my husband handles that for us now that we are married. But I did file my taxes when I was under student visa status, and I know that as a foreign student, I had to file every year whether or not I made a dime in the US. While a student I always made under the limit of not having to pay taxes, but I still had to file. And, like I said, I would have been obligated to file even if I hadn't earned anything.

Also, even if filed your paperwork before the deadline for 2011 taxes, you might still be asked to bring those tax documents to the interview, since the interview date will take place after the tax filing deadline.

Again, none of us know for sure whether or not they'll ask for these documents - people are just advising you to be prepared to produce them, should USCIS ask for them.

[jdh 103]

Indeed...

My point was that just becaus he was unemployed does not mean, necessarily, that he had no income, or had some other thing that would require him to file taxes...

This is why you supposed to include the applicable tax laws from the IrS that show why he didn't have to file. In his case, supposedly not having made any income, he would have to include the charts from the 1040 instructions that show income level requirements.

The reason you should expect an RFE, in my opinion is that you have nothing for 2010 or 2011...they don't are about 2007, 2008 or 2009.

I believe if you had 2010 but not 2011 you MIGHT have skated by, or you had 2011 and not 2010 you certainly would have been fine because they only require the last filing year...but having nothing for the past two years, I believe puts you in question. Not only do you have no taxes for 2010 or 2011 but you also conveniently filed for AOS what 1-2 days before the 2011 tax filing deadline? I would be very, very surprised if they don't ask for it. This could put a serious kink in your plans.

Frankly it doesn't matter how 'complicated' this years taxes are, he has to file them...is he planning on just not filing for this year like he did the last? That's tax fraud and speaks to, among other things, character....can you see where I am going with this? If his character is called into question it calls your whole petition into question.

Edited April 29, 2012 by jdh

[Dave&Roza 748]

Its impossible to get something for 2010 because he had no income.We filed for aos before the tax filing deadline so I heard 2011 tax return might not be needed...I hope I dont get a rfe because my co sponsor makes more than enough...

How could he have filed for taxes last year if he was unemployed ? Also,we filed before the tax filing deadline.We wrote a letter explaining why he didnt submit 2010's income tax return..He had no income.He was unemployed...So what role does a co sponsor play ?

As a USC you are require to file an income tax return every year from age 18 to death (if you have income you must file even if under 18 as I had to file when I was 14 YO and your decendants file your last tax return typically the year after your death). If I was your husband I would file a tax return for 2010 to show that he owed no income tax. Get a transcript of that return and one for 2011--you will be asked for it is my bet. Some people who are unemployed have investment income that has tax consequences. That is the pain of becoming a LPR and being a USC is filing US taxes on world wide income.

The co-sponsor is on the hook to repay the US government should you accept any means tested benefit from the US government until you reach 40 quarters of income (10 years), become a USC, leave the US abandoning your LPR status, or die.

Good luck with the AOS,

Dave

[jdh 103]

As a USC you are require to file an income tax return every year from age 18 to death...

That actually is not true...there are exceptions to being required to file, although even when not required you can file as there could be credits you can receive even though you weren't required to file because of having no income or some other thing that precluded you from filing.

For the reason that even with no income you could be required to file you do have to sumit along with your I-864 an explanation and attach the portion of law from the IRS that displays why you would be exempt.

But...I am getting into what I already said, so read my previous post.

Edited April 29, 2012 by jdh

[Freedove7 17]

That actually is not true...there are exceptions to being required to file, although even when not required you can file as there could be credits you can receive even though you weren't required to file because of having no income or some other thing that precluded you from filing.

For the reason that even with no income you could be required to file you do have to sumit along with your I-864 an explanation and attach the portion of law from the IRS that displays why you would be exempt.

But...I am getting into what I already said, so read my previous post.

In the instructions it said to attach an explanation.Thats what we did.Now if they want to deny me because my husband was unemployed then so be it.I have lived here for almost 20 years and never used or even qualified for mean contested benefits.If they don't take my co sponsor's contract and promise to provide support me or repay the government for helping me ( I strongly believe I wont rely on government assistance) then oh well.There's nothing I could do about that.