How late can i file ROC?

[ntcb 1]

My 90 day window to send in starts 12/22/2015 and ends 3/21/2016. How late can i send in paperwork? I only have one year of tax return (2014), so I was thinking of waiting till next tax season to file for 2015. Reasoning being I didn't receive my SS# in time for 2013 filing. What should I do?. Thanks

[aleful 1,905]

hi

before your GC expires

you have to give it time until they send you the NOA1 with the 1 year extension

[Lainie B 465]

You can always refile for 2013 as MFJ (might get some money back that way too).

[ntcb 1]

Ok thanks guys, will look into it.

[Pitaya 2,577]

Welcome to the forum.

From page 1 of the Form I-751 instructions:

1. Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90 day period immediately before your conditional residence expires.

REF: http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

There are more form filing specifics mentioned in the form instructions that may be of use to you.

Good luck on your immigration journey.

[ntcb 1]

Will I be able to refile 2013 taxes,even if we were married in May 2013?

[Pitaya 2,577]

https://www.irs.gov/uac/Newsroom/Determining-Your-Correct-Filing-Status

https://www.irs.gov/uac/Newsroom/Ten-Facts-on-Filing-an-Amended-Tax-Return

[NikLR 13,227]

You don't just want to file before the green card expires, you want to make sure they RECEIVE the file before the green card expires. The NOA1 date is normally the day or the day after your file is received by the USCIS. Just because you send it, doesn't mean they have it.

[ntcb 1]

Should I send with only one tax return?. Do you think its ok if I send the ROC the beginning of March 2016... (My GC expires March 21st 2016

[NickD 203]

Called the IRS the year we applied for AOS for my income taxes, were approved to stay here, but didn't have SS numbers, said I didn't need them, wife was still an exemption, stepdaughter was a dependent. This was our first tax return.

Following years, they received their conditional green cards, got their SS card instantly, for that year, our second tax return.. Next year greens cards were a year old, 3rd tax return, Year after had to apply for ROC, had four tax returns, but they only wanted three.

Bush brought up illegal immigration, politically incorrect so called the undocumented persons, our state jumped the band wagon, and insisted schools and employers show proof of residency. We submitted our I-751 with a stack of evidence 89 days before their conditional green cards, only to receive that extention letter.

Will quote this from my wife's employer, school district, and the DMV, what in the hell is an extension letter, your green cards are expired! Our governor just created a state immigration department with people that knew nothing about how the USCIS operates, this required a lot of explaning on our parts. Wife's employer could have been fined $16,300.00 for employing an undocumented person, their legal department didn't know anything about the USCIS either, and neither did the DMV. These were very hectic times for us. But we got through it and with help from our senators office.

If this wasn't bad enough, their one year extension letter was about to expire, still no permanent green cards, don't know where they got that name from, only good for ten years. We had to make an infopass appointment to get I-551 stamps in their foreign passport books to keep them legal. then a few weeks later, their cards finally came in.

We also applied for US citizenship for my wife, it was two weeks after her interview that she finally received her green card. Good thing her interviewer understood that one year extension notice already expired and that I-551 stamp in her foreign passport book or she would have been in deep trouble. Two weeks after the, she did receive her US citizenship with a two week old green card, had to give that back.

We did make one trip with her extension letter, thank God when we came back the POE officer understood this. So no problems getting back in.

We did not receive any letters from the USCIS that their cards were about to expire nor their one year extension letter, its up to us to stay legal. We did however receive a letter from the USCIS requesting updated evidence, so it turned out what we submitted for her citizenship was exactly the same for ROC. Wife told me at her interview, saw her file, was over 3 1/2" thick, practically all redundant information.

What I found to be a very bad joke was that paper reduction act at the rear of each instruction form.