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MiltonAnaya

Help ! Does my husband have to be on my taxes to be able to file for his green card?

By MiltonAnaya in Tax & Finances During US Immigration

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MiltonAnaya Collaborator

MiltonAnaya   7

Posted
Filed: K-1 Visa Country: Dominican Republic
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Im confused. .....how did you marry in June but say K1 expired in November? The period is 90 days from entry to marry. If he entered and married in June, the deadline would be in September. ....correct?

His I-94 said Nov 30 .. Meaning that after Nov 30 he would have no status. It was explained to me like . He entered April so we had 90 days from then to get married..

Fuji1978 Explorer

Fuji1978   33

Posted
Filed: IR-1/CR-1 Visa Country: Ghana
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Posted

His I-94 said Nov 30 .. Meaning that after Nov 30 he would have no status. It was explained to me like . He entered April so we had 90 days from then to get married..

Ok, so they actually extend the I-94 so you have time to adjust status if you marry on day 89, I never knew that. Thank you

Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
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Posted

I just got off the phone with USCIS and they told me that my taxes aren't even needed to AOS.... So now I feel like the person that told me that, doesn't know what she was even talking about. I will be filing AOS soon.

My husband is in the states tho .. Should I still file single and then adjust

I just got off the phone with USCIS and they told me that my taxes aren't even needed to AOS.... So now I feel like the person that told me that, doesn't know what she was even talking about. I will be filing AOS soon.

My husband is in the states tho .. Should I still file single and then adjust

Of course your filed taxes are needed for AOS, whoever told you that you don't need them is very wrong !!!!

Never trust the USCIS "misinformation line."

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

NikLR Grand Master

NikLR   13,230

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Jointly filed taxes are good evidence of a genuine marriage.

You get the ITIN by filing the W7 with your tax return or going to an IRS office to get one

http://www.irs.gov/Individuals/General-ITIN-Information

I suggest doing it ASAP since you are late filing your taxes.

The alternative is to file as married filing separately and writing NRA in the SSN spot (NRA stands for non-resident alien) or filing head of household if you qualify.


Ok, so they actually extend the I-94 so you have time to adjust status if you marry on day 89, I never knew that. Thank you

You do not have to adjust your status within 90 days of arrival (the day you arrive is day 1)

You have to get married within 90 days of arrival. The AOS can happen any time after that without an I-130 needed.

If you marry after the 90 days, then you need to send an I-130 with your adjustment of status paperwork.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

chulo Apprentice

chulo   1

Posted
Filed: K-3 Visa Country: Dominican Republic
 Timeline
Posted

I just got off the phone with USCIS and they told me that my taxes aren't even needed to AOS.... So now I feel like the person that told me that, doesn't know what she was even talking about. I will be filing AOS soon.

My husband is in the states tho .. Should I still file single and then adjust

I just got off the phone with USCIS and they told me that my taxes aren't even needed to AOS.... So now I feel like the person that told me that, doesn't know what she was even talking about. I will be filing AOS soon.

My husband is in the states tho .. Should I still file single and then adjus

is he your husband or fiancee K-1? have you married within the 90 days? he needs a soc security Number????? rule of thumb no friends, family in immigration business. talk to a immigration lawyer or tax consulant not affiliated as family friends.

  • 2 weeks later...
EM_Vandaveer Experienced

EM_Vandaveer   2,408

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted

I just got off the phone with USCIS and they told me that my taxes aren't even needed to AOS.... So now I feel like the person that told me that, doesn't know what she was even talking about. I will be filing AOS soon.

My husband is in the states tho .. Should I still file single and then adjust

I just got off the phone with USCIS and they told me that my taxes aren't even needed to AOS.... So now I feel like the person that told me that, doesn't know what she was even talking about. I will be filing AOS soon.

My husband is in the states tho .. Should I still file single and then adjus

is he your husband or fiancee K-1? have you married within the 90 days? he needs a soc security Number????? rule of thumb no friends, family in immigration business. talk to a immigration lawyer or tax consulant not affiliated as family friends.

You can't file "single" because you are not single! Your choices are: "married filing jointly", "married filing separately" or "head of household".

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

 
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