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Posted

Hello everyone,

I filed for AOS about two weeks ago and today my husband (who is my sponsor) received a letter from the IRS saying his tax return for 2013 may be incorrect. It is listed as Cancellation of debt and the amount is about $5,500.00 and it says he owes about $1,100.00 to the IRS for that. He says he didn't know that cancelled debt needed to be reported to the IRS.

So my question is this: how will/could this affect my AOS? We sent his tax returns for 2013 with the AOS packet but based on the letter we received from the IRS today his tax return for 2013 is incorrect.

Can I be denied because of this? Or am I going to get a RFE? Anyone been in the same situation?

Thanks for your replies

Spoiler

My AOS journey

Date Filed : 2014-11-26

NOA Date : 2014-12-06

RFE: 2014-12-26 (Translation of my international BC)

Bio. Appt. : 2014-12-31

RFE response received by USCIS: 2015-01-06

EAD/AP approved: 2015-02-18

NPIW letter: 2015-03-17

Service request: 2015-09-17

Response to service request: None

Service request 2: 2015-10-23

Service request 2 response: 2015-11-03 - USCIS anticipates a delay

EAD/AP renewal forms sent: 2015-11-04

Letter to Congressman sent: 2015-11-06

EAD/AP renewal electronic NOA1: 2015-11-10 (saying USCIS received and accepted my applications on 2015-11-06)

Email from Congressman's office - reviewing my case, will contact me with info: 2015-11-13

Received No Biometrics Required letter: 2015-11-20

Received letter of continuance asking for another translation of my BC (long story): 2015-11-20 (online status never changed)

Responded to letter of continuance: 2015-11-30

USCIS/DHS in Sacramento received my response (delivery confirmation): 2015-12.01

Received interview letter from Chatsworth office, CA: 2016-01-30

Received response from my congressman: 2016-02.02

AOS interview: 2016-02-10 Result:: RFE for medical

Medical done: 02/20/2016 - 03/03/2016

Medical Received By USCIS (UPS delivery confirmation): 2016-03-08

AOS approval date/Resident since: 2016-03-12

Card received: 2016-03-18

AOS took 15 months, 2 weeks and one day.

 

ROC:

Petition sent: 2018 - 02 - 22

Petition received by USCIS Laguna Niguel: 2018 - 02 - 23

 

 

Filed: AOS (pnd) Country: China
Timeline
Posted

Hello everyone,

I filed for AOS about two weeks ago and today my husband (who is my sponsor) received a letter from the IRS saying his tax return for 2013 may be incorrect. It is listed as Cancellation of debt and the amount is about $5,500.00 and it says he owes about $1,100.00 to the IRS for that. He says he didn't know that cancelled debt needed to be reported to the IRS.

So my question is this: how will/could this affect my AOS? We sent his tax returns for 2013 with the AOS packet but based on the letter we received from the IRS today his tax return for 2013 is incorrect.

Can I be denied because of this? Or am I going to get a RFE? Anyone been in the same situation?

Thanks for your replies

I would verify if that tax is actually owed to IRS with a tax accountant,

and if so, file an amendment to IRS with owe money.

And should you get RFE on it, then just send the updated fileing

with the copy of the IRS letter along with explanation on what happened.

I have a hunch that USCIS is not crossing checking with IRS...at least not for all cases,

otherwise why would they ask for it from us, if they can simply access it themselves.

I think part will be OK with as long as poverty guidelines are met.

10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

Posted

Thank you so much for the reply! I certainly hope it will not delay my EAD and AP.

I would verify if that tax is actually owed to IRS with a tax accountant,

and if so, file an amendment to IRS with owe money.

And should you get RFE on it, then just send the updated fileing

with the copy of the IRS letter along with explanation on what happened.

I have a hunch that USCIS is not crossing checking with IRS...at least not for all cases,

otherwise why would they ask for it from us, if they can simply access it themselves.

I think part will be OK with as long as poverty guidelines are met.

Spoiler

My AOS journey

Date Filed : 2014-11-26

NOA Date : 2014-12-06

RFE: 2014-12-26 (Translation of my international BC)

Bio. Appt. : 2014-12-31

RFE response received by USCIS: 2015-01-06

EAD/AP approved: 2015-02-18

NPIW letter: 2015-03-17

Service request: 2015-09-17

Response to service request: None

Service request 2: 2015-10-23

Service request 2 response: 2015-11-03 - USCIS anticipates a delay

EAD/AP renewal forms sent: 2015-11-04

Letter to Congressman sent: 2015-11-06

EAD/AP renewal electronic NOA1: 2015-11-10 (saying USCIS received and accepted my applications on 2015-11-06)

Email from Congressman's office - reviewing my case, will contact me with info: 2015-11-13

Received No Biometrics Required letter: 2015-11-20

Received letter of continuance asking for another translation of my BC (long story): 2015-11-20 (online status never changed)

Responded to letter of continuance: 2015-11-30

USCIS/DHS in Sacramento received my response (delivery confirmation): 2015-12.01

Received interview letter from Chatsworth office, CA: 2016-01-30

Received response from my congressman: 2016-02.02

AOS interview: 2016-02-10 Result:: RFE for medical

Medical done: 02/20/2016 - 03/03/2016

Medical Received By USCIS (UPS delivery confirmation): 2016-03-08

AOS approval date/Resident since: 2016-03-12

Card received: 2016-03-18

AOS took 15 months, 2 weeks and one day.

 

ROC:

Petition sent: 2018 - 02 - 22

Petition received by USCIS Laguna Niguel: 2018 - 02 - 23

 

 

 
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