Poverty line,

[panga 1]

Hi Friends

I am really confused here...will be really thankful if somebody can help me out in this situation.

I am the beneficicary and my wife is USC. our interview done in june 2011 but my case is still pending. my questions are

1. I am working now on EAD and can easily Beat the poverty line so if my wife resign from job and we file our taxes

jointly for 2012 is it be a problem if we got another interview in 2013 after filing the taxes and the IO see that my wife didn't work in that year ....do still my wife needs to beat the poverty line by herself or our combine income will be ok in Income tax returns?

2. In the 2011 income tax returns only my wife's income is shown in joint tax returns....I didn't get 1099 at that time when we filed our taxes...but later on I got 1099 for 2500$ so do i need to file those taxes separately by myself...or just stay quiet?

Thanks for your useful replies...I will really appreciate if Harpa timsha and JIM can give me some light here because i am reading their posts almost 2 years that atre really useful.

Thanks guys and good luck who are still waiting for GC like me

[asdfg 18]

Hi Friends

I am really confused here...will be really thankful if somebody can help me out in this situation.

I am the beneficicary and my wife is USC. our interview done in june 2011 but my case is still pending. my questions are

1. I am working now on EAD and can easily Beat the poverty line so if my wife resign from job and we file our taxes

jointly for 2012 is it be a problem if we got another interview in 2013 after filing the taxes and the IO see that my wife didn't work in that year ....do still my wife needs to beat the poverty line by herself or our combine income will be ok in Income tax returns?

2. In the 2011 income tax returns only my wife's income is shown in joint tax returns....I didn't get 1099 at that time when we filed our taxes...but later on I got 1099 for 2500$ so do i need to file those taxes separately by myself...or just stay quiet?

Thanks for your useful replies...I will really appreciate if Harpa timsha and JIM can give me some light here because i am reading their posts almost 2 years that atre really useful.

Thanks guys and good luck who are still waiting for GC like me

Did you file Writ of Mandamus ? What is the reason USCIS is withholding the adjudication of your case?

They can't hold it more than certain time period and there are increasing levels of authority within USCIS (director>commissioner etc) who must approve in increments the additional 6 months period of withholding the adjudication.

An overwhelming majority of the time it's plain laziness and ineptness that causes excessive delays and your only concern at this time should be whether you want to go Pro Se or can afford to hire an attorney to file a Writ of Mandamus against USCIS. Bring them to Federal Court and have them answer why they refuse to rule on your case.

They won't be able to blow you off like on INFOPASS, they will have to give a valid and acceptable by Federal Judge answer.

Good luck.

Edited July 30, 2012 by asdfg

[Dave&Judy 3]

Hi Friends

I am really confused here...will be really thankful if somebody can help me out in this situation.

I am the beneficicary and my wife is USC. our interview done in june 2011 but my case is still pending. my questions are

1. I am working now on EAD and can easily Beat the poverty line so if my wife resign from job and we file our taxes

jointly for 2012 is it be a problem if we got another interview in 2013 after filing the taxes and the IO see that my wife didn't work in that year ....do still my wife needs to beat the poverty line by herself or our combine income will be ok in Income tax returns?

2. In the 2011 income tax returns only my wife's income is shown in joint tax returns....I didn't get 1099 at that time when we filed our taxes...but later on I got 1099 for 2500$ so do i need to file those taxes separately by myself...or just stay quiet?

Thanks for your useful replies...I will really appreciate if Harpa timsha and JIM can give me some light here because i am reading their posts almost 2 years that atre really useful.

Thanks guys and good luck who are still waiting for GC like me

to get better help and help others !!

[panga 1]

Did you file Writ of Mandamus ? What is the reason USCIS is withholding the adjudication of your case?

They can't hold it more than certain time period and there are increasing levels of authority within USCIS (director>commissioner etc) who must approve in increments the additional 6 months period of withholding the adjudication.

An overwhelming majority of the time it's plain laziness and ineptness that causes excessive delays and your only concern at this time should be whether you want to go Pro Se or can afford to hire an attorney to file a Writ of Mandamus against USCIS. Bring them to Federal Court and have them answer why they refuse to rule on your case.

They won't be able to blow you off like on INFOPASS, they will have to give a valid and acceptable by Federal Judge answer.

Good luck.

Thanks my friend....no I didn't file Writ of mandamus...What is that?

Can i do that by myself?

Thanks

[DandT14 272]

Hi Friends

I am really confused here...will be really thankful if somebody can help me out in this situation.

I am the beneficicary and my wife is USC. our interview done in june 2011 but my case is still pending. my questions are

1. I am working now on EAD and can easily Beat the poverty line so if my wife resign from job and we file our taxes

jointly for 2012 is it be a problem if we got another interview in 2013 after filing the taxes and the IO see that my wife didn't work in that year ....do still my wife needs to beat the poverty line by herself or our combine income will be ok in Income tax returns?

2. In the 2011 income tax returns only my wife's income is shown in joint tax returns....I didn't get 1099 at that time when we filed our taxes...but later on I got 1099 for 2500$ so do i need to file those taxes separately by myself...or just stay quiet?

Thanks for your useful replies...I will really appreciate if Harpa timsha and JIM can give me some light here because i am reading their posts almost 2 years that atre really useful.

Thanks guys and good luck who are still waiting for GC like me

How can your case still be pending more than a year after your interview? Have you been checking in with USCIS? Did they lose you in the system?

[panga 1]

How can your case still be pending more than a year after your interview? Have you been checking in with USCIS? Did they lose you in the system?

No they didn't lose me because i just completed my Biometrics 2nd time..so it means they know that my case is with them and still pending.... I don't know what type of investigation they are doing...they didn't send me any RFE ....and any 2nd interview yet...

I don't know what i should do now...? in january 2013....it will be 2 years to our marriage....

Stuck in USCIS processing..

[asdfg 18]

Thanks my friend....no I didn't file Writ of mandamus...What is that?

Can i do that by myself?

Thanks

It is a remedy that you can file for if your case has been held without adjudication beyond reasonable period of time.

Go to google.com and type writ of mandamus aos then click on 'search' tab. Browse the results.

Also see "Tang v. Chertoff" (where Judge Gertner "held that the

jurisdiction-stripping language in the INA only bars review of the “substance of an adjustment of

status decision,” leaving the “pacing of such a decision” subject to judicial review.6 “Further,

courts have noted that to defer to agencies on pace of adjudication would be effectively to lift the

duty to adjudicate applications altogether.”, source Abdi vs Chertoff, Civil action # 08-11302-JLT ).

There are also forums where there are many posts by various posters who successfully filed WOM's (some for AOS, most for N-400, user "Publicus" being one of the well known out there).

I don't think we are allowed to post direct links to other forums here so you will need to research it on your own.

If you are good with legal language and can muster the subject then go for it Pro Se , get the paperwork from Federal Circuit Court, read as much of relevant material as you can and do your own filing.

If you can't handle it or can afford a legal assistance then hire a lawyer but be VERY CAREFUL and SELECTIVE if you end up choosing a lawyer.

Good luck.

Edited July 30, 2012 by asdfg

[DandT14 272]

No they didn't lose me because i just completed my Biometrics 2nd time..so it means they know that my case is with them and still pending.... I don't know what type of investigation they are doing...they didn't send me any RFE ....and any 2nd interview yet...

I don't know what i should do now...? in january 2013....it will be 2 years to our marriage....

Stuck in USCIS processing..

I'm confused too. I haven't heard of anyone doing a standard AOS needing to wait a year and do 2 biometrics. Is there something unusual about your case?

If not, I think someone's screwed up somewhere.

[panga 1]

It is a remedy that you can file for if your case has been held without adjudication beyond reasonable period of time.

Go to google.com and type writ of mandamus aos then click on 'search' tab. Browse the results.

Also see "Tang v. Chertoff" (where Judge Gertner "held that the

jurisdiction-stripping language in the INA only bars review of the substance of an adjustment of

status decision, leaving the pacing of such a decision subject to judicial review.6 Further,

courts have noted that to defer to agencies on pace of adjudication would be effectively to lift the

duty to adjudicate applications altogether., source Abdi vs Chertoff, Civil action # 08-11302-JLT ).

There are also forums where there are many posts by various posters who successfully filed WOM's (some for AOS, most for N-400, user "Publicus" being one of the well known out there).

I don't think we are allowed to post direct links to other forums here so you will need to research it on your own.

If you are good with legal language and can muster the subject then go for it Pro Se , get the paperwork from Federal Circuit Court, read as much of relevant material as you can and do your own filing.

If you can't handle it or can afford a legal assistance then hire a lawyer but be VERY CAREFUL and SELECTIVE if you end up choosing a lawyer.

Good luck.

Thanks a lot for your reply my friend.... I will go trought all this stuff by myself...and if really needs a lawyer then will go with that...thanks again

I'm confused too. I haven't heard of anyone doing a standard AOS needing to wait a year and do 2 biometrics. Is there something unusual about your case?

If not, I think someone's screwed up somewhere.

Even i don't know that what to do...one of my friend he is also in same situation ...he also didn't get anything back from USCIS almost a year...we both filed in chicago and alsio living in chicago too.

Thanks

It is a remedy that you can file for if your case has been held without adjudication beyond reasonable period of time.

Go to google.com and type writ of mandamus aos then click on 'search' tab. Browse the results.

Also see "Tang v. Chertoff" (where Judge Gertner "held that the

jurisdiction-stripping language in the INA only bars review of the “substance of an adjustment of

status decision,” leaving the “pacing of such a decision” subject to judicial review.6 “Further,

courts have noted that to defer to agencies on pace of adjudication would be effectively to lift the

duty to adjudicate applications altogether.”, source Abdi vs Chertoff, Civil action # 08-11302-JLT ).

There are also forums where there are many posts by various posters who successfully filed WOM's (some for AOS, most for N-400, user "Publicus" being one of the well known out there).

I don't think we are allowed to post direct links to other forums here so you will need to research it on your own.

If you are good with legal language and can muster the subject then go for it Pro Se , get the paperwork from Federal Circuit Court, read as much of relevant material as you can and do your own filing.

If you can't handle it or can afford a legal assistance then hire a lawyer but be VERY CAREFUL and SELECTIVE if you end up choosing a lawyer.

Good luck.

But Didn't you know the answers of above three questions that i asked....

Thanks

Edited July 30, 2012 by panga

[DandT14 272]

I can't answer the questions that you asked, I'm sorry about that.

But my advice is to lay out here a detailed timeline of what happened when. That way, when more knowledgeable come by this thread, they will be able to more clearly see your situation and help you.

Also, if you haven't done an infopass appointment yet, you might want to try that. Someone owes you an explanation, I think.

[asdfg 18]

Thanks a lot for your reply my friend.... I will go trought all this stuff by myself...and if really needs a lawyer then will go with that...thanks again

You are welcome.

We actually have to bring more of these lawsuits where delay is due to incompetence, administrative error or screw up on USCIS IO part. And post/share your progress and help others do the same - take legal action and look for remedies under the laws.I am now doing what I have read those before me did and successfully sued USCIS for adjudication of their petition.

If you can get some attention at higher up levels of DHS and of Public at large , even if not for your own sake it will be a great relief for future generations of individuals, fathers, mothers, parents and children of US Citizens, who should be saved all this undue hardship and stress of going through AOS proceedings.

And let the whole world know and see that this is United States of America - everyone is equal before the Law and public servants have duty to discharge their responsibilities as much as Citizens and residents have duty to obey the laws.

Best of luck to you!

[asdfg 18]

But Didn't you know the answers of above three questions that i asked....

Thanks

1. You both earn what you earn and at the end of the year what matters is the total household income

and recent pay stubs/bank deposits. However, considering the fact that your EAD is subject to continuous approval and USCIS may take a position of "how will you maintain your current household income if we take it from you?" , you should

be ready for an answer.

2. Ask certified accountant.

We always hire one and have them do our returns.

It's also a good idea to scan and send all of your paperwork/pages/documents to CPA by email, that's what we did last time and keep everything (print out the copies) in a safe place.

If accountant makes any errors you must have evidence/proof that you did your part in a good faith.

Whatever you do just do not "stay quite". If you got any new 1099 and have any doubts immediately scan/email to CPA and ask what to do, tell them you are concerned and want to make sure all is right.

If you want a peace prepare for war.

Good luck.

Edited July 30, 2012 by asdfg

[ceadsearc 516]

I don't have an answer to the first question. As to the second, you and your wife can file an amended return to include the 1099, or if she filed married filing separately you can do the same.

[panga 1]

You are welcome.

We actually have to bring more of these lawsuits where delay is due to incompetence, administrative error or screw up on USCIS IO part. And post/share your progress and help others do the same - take legal action and look for remedies under the laws.I am now doing what I have read those before me did and successfully sued USCIS for adjudication of their petition.

If you can get some attention at higher up levels of DHS and of Public at large , even if not for your own sake it will be a great relief for future generations of individuals, fathers, mothers, parents and children of US Citizens, who should be saved all this undue hardship and stress of going through AOS proceedings.

And let the whole world know and see that this is United States of America - everyone is equal before the Law and public servants have duty to discharge their responsibilities as much as Citizens and residents have duty to obey the laws.

Best of luck to you!

I agree my friend and really appreciate your useful replies... Thanks a million..

I am about to move into the new address in the same city....So will concentrate on my case again after moving and also 1 more question....except AR-11 do i need to fill up any other form too. I am going to fill up AR-11 form and then going to call uscis to double check that they also updated address in their system.

Thanks

I don't have an answer to the first question. As to the second, you and your wife can file an amended return to include the 1099, or if she filed married filing separately you can do the same.

Thanks my friend...

I will do the same ...I talk to an accountant related this and he told me to fill up 1040X form.

Thanks again for your time.

[panga 1]

I can't answer the questions that you asked, I'm sorry about that.

But my advice is to lay out here a detailed timeline of what happened when. That way, when more knowledgeable come by this thread, they will be able to more clearly see your situation and help you.

Also, if you haven't done an infopass appointment yet, you might want to try that. Someone owes you an explanation, I think.

Thanks DANDT14... I will add up my time line within next week by look up all my documents that when i filed...documents and when they receive ..when i make infopassess etc. etc. because this week we r moving to new

address and everything is messed up ....and i don't want to open my file in this stuff... (didn't want to loose any document )

Will see you soon Thanks my friend for your reply