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sensuelle1985 Contributor

sensuelle1985   10

Posted
Filed: AOS (apr) Timeline
Posted

Hello guys,

My husband and I are in the process of filling for my change of status. we are filling I-130, I-485, I-765, I-864 x 2 (petitioner and joint sponsor) all together. We wanted to also fill for I-131 but was told that I could raise a red flag. I'm am here on a F1 visa and have been married to my husband since 2012 (at the court house with just my cousin and his mother as witness) and have a son who was born in 2010. We are having some concern as he has not file taxes since 2013. (last tax return filed was for 2012). We live in the house where I have been since 2008 so his name is not on the lease. We moved to an apartment (I still had my house) for 2 years then move back to my first place. We have a joint account since 2014, a car with both our name in it, car insurance, cable bill on his name. We have a joint sponsor who makes way above the poverty line. Also I receive food stamps for my children (they are US citizen).

1- Does him not being on the lease will be a problem?

2- we requested his tax transcript to show that his did not file taxes and have wrote a letter explaining. will that be enough as we have a joint sponsor?

3- Also I file as self employed and always files as head of household. would that be an issue? Do I have to show my taxes since he is petitioning for me and we have a sponsor?

AOS (from F-1 student visa)
09/21/2012 got married
03/29/2016 AOS package send (I-130, I-485, I-765) (day 0)
04/01/2016 Package delivered to USCIS ATTN:FBAS 131 South Dearborn-3rd Floor Chicago, IL 60603-5517 (day 0)
04/11/2016 emails and texts notification received. Case routed to NBC (day 10)

PD 04/04/2016 (official day: day 1)
04/14/2016 received NOA1's hard copies. (day 11)

04/29/2016 received biometrics letter (day 26)
05/09/2016 biometrics appointment at 10AM (day 36)

:dancing:05/05/2016 walk-in biometrics (success) at 2pm (day 32) :dancing:

06/20/2016 online service request for EAD (day 78)

06/24/2016 EAD is being produced (day 82)

06/28/2016 EAD mailed (day 86)

07/01/2016 EAD received (day 89)

08/26/2016 Interview scheduled for 09/29/2016 (day 145)

09/29/2016 Interview day (day 181)

Result:APPROVED

Useful Links
USCIS Account set up: https://egov.uscis.g...atus/landing.do
USCIS Process times: https://egov.uscis.g...sDisplayInit.do
USCIS Tel No: 1-800-375-5283
Lockbox support email: LockboxSupport@uscis.dhs.gov
Change of Address for live petitions: https://egov.uscis.g...ddressChange.do
Contact Congressman: http://www.house.gov...entatives/find/
Contact Senator: http://www.senate.go...nators/contact/
Social Security Info: https://www.ssa.gov/people/immigrants/
Civil Surgeon List: https://my.uscis.gov/findadoctor
IRS Transcripts: https://www.irs.gov/.../Get-Transcript

translation: worldaccesstrans.com

TBoneTX Grand Master

TBoneTX   45,659

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

*** Thread is moved from Introducing Our Members forum to the "AOS from WS&T Visas" main forum -- queries pertain to AOS. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Boiler Grand Master

Boiler   45,756

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Why has he not filed taxes, certainly will need to catch up.

Is he unemployed?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

sensuelle1985 Contributor

sensuelle1985   10

Posted
Filed: AOS (apr) Timeline
  • Author
Posted

@boiler, yes he is unemployed

AOS (from F-1 student visa)
09/21/2012 got married
03/29/2016 AOS package send (I-130, I-485, I-765) (day 0)
04/01/2016 Package delivered to USCIS ATTN:FBAS 131 South Dearborn-3rd Floor Chicago, IL 60603-5517 (day 0)
04/11/2016 emails and texts notification received. Case routed to NBC (day 10)

PD 04/04/2016 (official day: day 1)
04/14/2016 received NOA1's hard copies. (day 11)

04/29/2016 received biometrics letter (day 26)
05/09/2016 biometrics appointment at 10AM (day 36)

:dancing:05/05/2016 walk-in biometrics (success) at 2pm (day 32) :dancing:

06/20/2016 online service request for EAD (day 78)

06/24/2016 EAD is being produced (day 82)

06/28/2016 EAD mailed (day 86)

07/01/2016 EAD received (day 89)

08/26/2016 Interview scheduled for 09/29/2016 (day 145)

09/29/2016 Interview day (day 181)

Result:APPROVED

Useful Links
USCIS Account set up: https://egov.uscis.g...atus/landing.do
USCIS Process times: https://egov.uscis.g...sDisplayInit.do
USCIS Tel No: 1-800-375-5283
Lockbox support email: LockboxSupport@uscis.dhs.gov
Change of Address for live petitions: https://egov.uscis.g...ddressChange.do
Contact Congressman: http://www.house.gov...entatives/find/
Contact Senator: http://www.senate.go...nators/contact/
Social Security Info: https://www.ssa.gov/people/immigrants/
Civil Surgeon List: https://my.uscis.gov/findadoctor
IRS Transcripts: https://www.irs.gov/.../Get-Transcript

translation: worldaccesstrans.com

Boiler Grand Master

Boiler   45,756

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

So no problem catching up on taxes.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

sensuelle1985 Contributor

sensuelle1985   10

Posted
Filed: AOS (apr) Timeline
  • Author
Posted

So no problem catching up on taxes.

I have order his tax transcripts and since i worked from home as day (under F-1) and filed taxes but as head of household and didn't claim him as a dependent except the kids, would that cause any problem?

AOS (from F-1 student visa)
09/21/2012 got married
03/29/2016 AOS package send (I-130, I-485, I-765) (day 0)
04/01/2016 Package delivered to USCIS ATTN:FBAS 131 South Dearborn-3rd Floor Chicago, IL 60603-5517 (day 0)
04/11/2016 emails and texts notification received. Case routed to NBC (day 10)

PD 04/04/2016 (official day: day 1)
04/14/2016 received NOA1's hard copies. (day 11)

04/29/2016 received biometrics letter (day 26)
05/09/2016 biometrics appointment at 10AM (day 36)

:dancing:05/05/2016 walk-in biometrics (success) at 2pm (day 32) :dancing:

06/20/2016 online service request for EAD (day 78)

06/24/2016 EAD is being produced (day 82)

06/28/2016 EAD mailed (day 86)

07/01/2016 EAD received (day 89)

08/26/2016 Interview scheduled for 09/29/2016 (day 145)

09/29/2016 Interview day (day 181)

Result:APPROVED

Useful Links
USCIS Account set up: https://egov.uscis.g...atus/landing.do
USCIS Process times: https://egov.uscis.g...sDisplayInit.do
USCIS Tel No: 1-800-375-5283
Lockbox support email: LockboxSupport@uscis.dhs.gov
Change of Address for live petitions: https://egov.uscis.g...ddressChange.do
Contact Congressman: http://www.house.gov...entatives/find/
Contact Senator: http://www.senate.go...nators/contact/
Social Security Info: https://www.ssa.gov/people/immigrants/
Civil Surgeon List: https://my.uscis.gov/findadoctor
IRS Transcripts: https://www.irs.gov/.../Get-Transcript

translation: worldaccesstrans.com

Boiler Grand Master

Boiler   45,756

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Why did you not file as Married, so yes I would expect it to be a double issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

sensuelle1985 Contributor

sensuelle1985   10

Posted
Filed: AOS (apr) Timeline
  • Author
Posted

Why did you not file as Married, so yes I would expect it to be a double issue.

The person who do my taxes told me to file as head of household since he doesn't work and was owing child support. Now the child support issues has been modified and cancel by the court for extortion from his ex wife. I asked to amend it and file for married filing separately and she said that might be an issue

AOS (from F-1 student visa)
09/21/2012 got married
03/29/2016 AOS package send (I-130, I-485, I-765) (day 0)
04/01/2016 Package delivered to USCIS ATTN:FBAS 131 South Dearborn-3rd Floor Chicago, IL 60603-5517 (day 0)
04/11/2016 emails and texts notification received. Case routed to NBC (day 10)

PD 04/04/2016 (official day: day 1)
04/14/2016 received NOA1's hard copies. (day 11)

04/29/2016 received biometrics letter (day 26)
05/09/2016 biometrics appointment at 10AM (day 36)

:dancing:05/05/2016 walk-in biometrics (success) at 2pm (day 32) :dancing:

06/20/2016 online service request for EAD (day 78)

06/24/2016 EAD is being produced (day 82)

06/28/2016 EAD mailed (day 86)

07/01/2016 EAD received (day 89)

08/26/2016 Interview scheduled for 09/29/2016 (day 145)

09/29/2016 Interview day (day 181)

Result:APPROVED

Useful Links
USCIS Account set up: https://egov.uscis.g...atus/landing.do
USCIS Process times: https://egov.uscis.g...sDisplayInit.do
USCIS Tel No: 1-800-375-5283
Lockbox support email: LockboxSupport@uscis.dhs.gov
Change of Address for live petitions: https://egov.uscis.g...ddressChange.do
Contact Congressman: http://www.house.gov...entatives/find/
Contact Senator: http://www.senate.go...nators/contact/
Social Security Info: https://www.ssa.gov/people/immigrants/
Civil Surgeon List: https://my.uscis.gov/findadoctor
IRS Transcripts: https://www.irs.gov/.../Get-Transcript

translation: worldaccesstrans.com

Boiler Grand Master

Boiler   45,756

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Why file separately?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

sensuelle1985 Contributor

sensuelle1985   10

Posted
Filed: AOS (apr) Timeline
  • Author
Posted

Why file separately?

I know nothing about taxes all I did was follow advice from the tax person.

AOS (from F-1 student visa)
09/21/2012 got married
03/29/2016 AOS package send (I-130, I-485, I-765) (day 0)
04/01/2016 Package delivered to USCIS ATTN:FBAS 131 South Dearborn-3rd Floor Chicago, IL 60603-5517 (day 0)
04/11/2016 emails and texts notification received. Case routed to NBC (day 10)

PD 04/04/2016 (official day: day 1)
04/14/2016 received NOA1's hard copies. (day 11)

04/29/2016 received biometrics letter (day 26)
05/09/2016 biometrics appointment at 10AM (day 36)

:dancing:05/05/2016 walk-in biometrics (success) at 2pm (day 32) :dancing:

06/20/2016 online service request for EAD (day 78)

06/24/2016 EAD is being produced (day 82)

06/28/2016 EAD mailed (day 86)

07/01/2016 EAD received (day 89)

08/26/2016 Interview scheduled for 09/29/2016 (day 145)

09/29/2016 Interview day (day 181)

Result:APPROVED

Useful Links
USCIS Account set up: https://egov.uscis.g...atus/landing.do
USCIS Process times: https://egov.uscis.g...sDisplayInit.do
USCIS Tel No: 1-800-375-5283
Lockbox support email: LockboxSupport@uscis.dhs.gov
Change of Address for live petitions: https://egov.uscis.g...ddressChange.do
Contact Congressman: http://www.house.gov...entatives/find/
Contact Senator: http://www.senate.go...nators/contact/
Social Security Info: https://www.ssa.gov/people/immigrants/
Civil Surgeon List: https://my.uscis.gov/findadoctor
IRS Transcripts: https://www.irs.gov/.../Get-Transcript

translation: worldaccesstrans.com

Boiler Grand Master

Boiler   45,756

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Presumably your tax person mentioned why?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

sensuelle1985 Contributor

sensuelle1985   10

Posted
Filed: AOS (apr) Timeline
  • Author
Posted

Presumably your tax person mentioned why?

Since I am the one paying for the bills and he is not working. I asked some lawyers yesterday and they said it should not matter since I am the one being sponsored. I should not have to give my taxes return since we have a joint account who makes 10 times above the poverty line. They said I dont even need a letter of him explaining why he didn't file tax, the transcript should be enough

AOS (from F-1 student visa)
09/21/2012 got married
03/29/2016 AOS package send (I-130, I-485, I-765) (day 0)
04/01/2016 Package delivered to USCIS ATTN:FBAS 131 South Dearborn-3rd Floor Chicago, IL 60603-5517 (day 0)
04/11/2016 emails and texts notification received. Case routed to NBC (day 10)

PD 04/04/2016 (official day: day 1)
04/14/2016 received NOA1's hard copies. (day 11)

04/29/2016 received biometrics letter (day 26)
05/09/2016 biometrics appointment at 10AM (day 36)

:dancing:05/05/2016 walk-in biometrics (success) at 2pm (day 32) :dancing:

06/20/2016 online service request for EAD (day 78)

06/24/2016 EAD is being produced (day 82)

06/28/2016 EAD mailed (day 86)

07/01/2016 EAD received (day 89)

08/26/2016 Interview scheduled for 09/29/2016 (day 145)

09/29/2016 Interview day (day 181)

Result:APPROVED

Useful Links
USCIS Account set up: https://egov.uscis.g...atus/landing.do
USCIS Process times: https://egov.uscis.g...sDisplayInit.do
USCIS Tel No: 1-800-375-5283
Lockbox support email: LockboxSupport@uscis.dhs.gov
Change of Address for live petitions: https://egov.uscis.g...ddressChange.do
Contact Congressman: http://www.house.gov...entatives/find/
Contact Senator: http://www.senate.go...nators/contact/
Social Security Info: https://www.ssa.gov/people/immigrants/
Civil Surgeon List: https://my.uscis.gov/findadoctor
IRS Transcripts: https://www.irs.gov/.../Get-Transcript

translation: worldaccesstrans.com

Boiler Grand Master

Boiler   45,756

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

He has to show his tax returns or explain why he did not file.

Certainly will come up in the interview.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

sensuelle1985 Contributor

sensuelle1985   10

Posted
Filed: AOS (apr) Timeline
  • Author
Posted

He has to show his tax returns or explain why he did not file.

Certainly will come up in the interview.

thank you

AOS (from F-1 student visa)
09/21/2012 got married
03/29/2016 AOS package send (I-130, I-485, I-765) (day 0)
04/01/2016 Package delivered to USCIS ATTN:FBAS 131 South Dearborn-3rd Floor Chicago, IL 60603-5517 (day 0)
04/11/2016 emails and texts notification received. Case routed to NBC (day 10)

PD 04/04/2016 (official day: day 1)
04/14/2016 received NOA1's hard copies. (day 11)

04/29/2016 received biometrics letter (day 26)
05/09/2016 biometrics appointment at 10AM (day 36)

:dancing:05/05/2016 walk-in biometrics (success) at 2pm (day 32) :dancing:

06/20/2016 online service request for EAD (day 78)

06/24/2016 EAD is being produced (day 82)

06/28/2016 EAD mailed (day 86)

07/01/2016 EAD received (day 89)

08/26/2016 Interview scheduled for 09/29/2016 (day 145)

09/29/2016 Interview day (day 181)

Result:APPROVED

Useful Links
USCIS Account set up: https://egov.uscis.g...atus/landing.do
USCIS Process times: https://egov.uscis.g...sDisplayInit.do
USCIS Tel No: 1-800-375-5283
Lockbox support email: LockboxSupport@uscis.dhs.gov
Change of Address for live petitions: https://egov.uscis.g...ddressChange.do
Contact Congressman: http://www.house.gov...entatives/find/
Contact Senator: http://www.senate.go...nators/contact/
Social Security Info: https://www.ssa.gov/people/immigrants/
Civil Surgeon List: https://my.uscis.gov/findadoctor
IRS Transcripts: https://www.irs.gov/.../Get-Transcript

translation: worldaccesstrans.com

belinda63 Experienced

belinda63   3,041

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

If you are married you can't file as head of household so amend them as you have said you are going to do. The problem is he has to show his tax returns even if he has another sponsor or he has to explain why he did not file taxes. If you amend as married filing separately he still has to file his own as married filing separately. Or you can file as married/joint.

 
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