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hopfulsoul

Seems like another interview

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I applied for AOS,wife is a USC.We had our interview on April 18th,the IO was very hostile and strict,he never once smiled throughout the 15 min interview.Anyway,my wife received a mail last week with the title "INTENT TO DENY". They are asking for more documents such as 2009 tax transcripts and W2s, my wife already included a notarized letter in the application that we couldn't file that year cus she way going to school full time. We did file together last year and provided proof of that at the interview. She is asked to report with the documents on July 12th or the application will be denied based on the evidence they have.We have all the other documents requested except for the 2009 tax transcript;what can we do? Will i also be allowed to go in there with her since the mail was addressed to my wife? Your contributions are appreciated.

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Filed: Citizen (apr) Country: Australia
Timeline

Get the notarised letter and take that. Perhaps proof of her being in school. Were you married in 2009? If so maybe they're asking why YOU didn't file taxes? Or maybe she filed single when it should be married?

Also take more evidence of relationship. Yes you should DEFINITELY attend with her.

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Thanks for your reply. No we were not married in 2009,we got married in 2010. She did not file in 2009 but i filed as single, i intend to take my tax returns with me though just in case.

Get the notarised letter and take that. Perhaps proof of her being in school. Were you married in 2009? If so maybe they're asking why YOU didn't file taxes? Or maybe she filed single when it should be married?

Also take more evidence of relationship. Yes you should DEFINITELY attend with her.

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I applied for AOS,wife is a USC.We had our interview on April 18th,the IO was very hostile and strict,he never once smiled throughout the 15 min interview.Anyway,my wife received a mail last week with the title "INTENT TO DENY". They are asking for more documents such as 2009 tax transcripts and W2s, my wife already included a notarized letter in the application that we couldn't file that year cus she way going to school full time. We did file together last year and provided proof of that at the interview. She is asked to report with the documents on July 12th or the application will be denied based on the evidence they have.We have all the other documents requested except for the 2009 tax transcript;what can we do? Will i also be allowed to go in there with her since the mail was addressed to my wife? Your contributions are appreciated.

Just to be clear, being a student isn't a reason to not file taxes.

What does make someone unable to file, if they choose to, is the fact that their income doesn't meet the requirements to file, which is the case for the majority of students-- but not all. If her income met the requirements and she was a student, then she still needs to have filed.

I guess wording is important when dealing with the USCIS.

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

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Filed: Citizen (apr) Country: Australia
Timeline

Thanks for your reply. No we were not married in 2009,we got married in 2010. She did not file in 2009 but i filed as single, i intend to take my tax returns with me though just in case.

The poster above (Chris) makes a valid point. Did she earn any income while being a student? My husband for example worked full time while studying full time. He of course filed taxes because his income was above the threshold. If she DID work, does she have a copy of her W2 showing low income?

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Actually, F1 students are required to file taxes in the US whether or not they make any income - even if she did not make a dime while on the F1 visa, she still should have filed taxes. If she didn't work, she just needed to file the 8843 form – Statement for Exempt Individuals and Individuals with a Medical Condition. If she made income, she should have filed the 1040NR or 1040NR-EZ – Nonresident Alien Income Tax Return.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Filed: IR-1/CR-1 Visa Country: China
Timeline

ya, there's that - for a F1 student - but the IO is complaining about the USCitizen's tax stuff, not the applicant.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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i think she can still file back taxes for that year

6/29/12 AOS Package mailed Chicago Lockbox

7/01/12 Package delivered

7/09/12 NOA email notification

7/14/12 Received hard copy of NOA in the mail

7/16/12 Received biometric appointment letter for 8/01/12

7/23/12 Successful walk in Biometrics

8/15/12 Received email for interview notice

8/17/12 Received interview notice in the mail

9/10/12 EAD card ordered, (didnt get email or text checked it on USCIS website)

9/18/12 EAD card received in the mail

9/18/12 Interview done, approved on the spot!

9/19/12 Got email that approval notice was mailed out on 9/18/12

9/22/12 Received Approval notice in the mail

9/24/12 Got email that greencard was sent in the mail

9/26/12 Received greencard in the mail, thank you lord!

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