February 2017 AOS from Work, Student, & Tourist Visas

[jnicolel 10]

I have not found a post specific to AOS from student, work, and tourist visas for February 2017. There is one over in the AOS from family based visas section. I thought I'd start a post here.  

[jnicolel 10]

My husband is adjusting from B-2 visitor status. Our application was sent via FedEx on the Thursday the 23rd. It was delivered to USCIS in Chicago on Monday, the 27th via FedEx.  I have not yet received any NOA text messages nor have the checks been cashed. I am now on day 11 from delivery of my package.  Our local field office is in the San Fernando Valley, not the Los Angeles proper office.  

[Nelly17 10]

- Application mailed 2/14/17

- package delivered 2/16/17

- Checks cashed and messages received 2/27/17

- NOA received 3/4/17

- biometric letter received today Scheduled for bio appt 3/20/17

 

I came here with an F1 visa, living in Philadelphia PA

[kat&eddie 6]

Hi everyone  

 

I'm adjusting from visitor visa 

 

- package sent to Chicago lockbox on 02/06 

-  package delivered on 02/10

- noa 1 via text / email received on 02/20

- hardcopies in mail on 02/24

 

since then I'm waiting for a biometric appointment, my local office for biometrics is Austin, Texas 

 

im also not able to track my case online, but according to the immigration officer I talked to everything is perfectly fine and I shouldn't worry about the missing notice date/ birth date on my Noa1 , he said it's not important 

 

are y'all able to check your case online?

 

best of luck for everyone

kat

Edited March 11, 2017 by kat&eddie

[rosecloud 43]

Hi everyone!

 

I'm adjusting from F-1 as well. 

 

Application sent (I-130, I-485, I-131, I-765): 02/14/2017

Application received: 02/15/2017

Text NOA1: 02/22/2017

Paper NOA1: 02/24/2017

Biometrics scheduled: 03/24/2017

 

I would also like to note that all 4 notices were missing dates (I booked an infopass appointment for March 20th about that). And I'm also not able to check any of my receipt numbers online, which totally sucks. 

[gallegamericana 8]

My husband came to the US with me in 2015 on an F1 visa. We got married on December 30, 2016.

 

Application sent (I-130, I-485, I-765): 02/20/2017

Application received: 02/21/2017

Checks cashed: 02/28/2017

Text NOA1: 03/01/2017

Paper NOA1: 03/06/2017

Sent I-131 (we forgot to!) -03/08/17

RFE message posted on USCIS check my status: 03/10/2017 -Haven't received paper RFE

Biometrics letter received: 03/10/2017

Biometrics scheduled: 03/24/2017

 

So, it's my understanding that the whole AOS process is put on hold for now and restarts once we send in our RFE paperwork. I am assuming it is because I only sent my W2s for the 2016 year and not my tax returns. I'm currently working on my tax returns with my accountant, but I've hit a road block because my husband and I were married on December 30, 2016. Technically I have to file as married now, but I don't know how to file! Jointly or separately? He never worked, but would have to get an ITIN in order for us to file jointly and I'm unsure if he can still file as exempt on his F1 if we file separately, now that we are married. 

 

Does anyone have any insight on how they filed their 2016 returns having gotten married?

I'm also assuming they will be asking for my tax returns, but it could be something else!

 

I'm just a little worried because we have a family event in his home country in July.

[gallegamericana 8]

Another question for all of you F1 students out there... are any of you doing an OPT? My husband applied for one before we got married and was just approved. He has one alien number for that OPT EAD and now has another one for our AOS process... Is that bad? Should I call USCIS?

[rosecloud 43]

8 minutes ago, gallegamericana said:

My husband came to the US with me in 2015 on an F1 visa. We got married on December 30, 2016.

 

Application sent (I-130, I-485, I-765): 02/20/2017

Application received: 02/21/2017

Checks cashed: 02/28/2017

Text NOA1: 03/01/2017

Paper NOA1: 03/06/2017

Sent I-131 (we forgot to!) -03/08/17

RFE message posted on USCIS check my status: 03/10/2017 -Haven't received paper RFE

Biometrics letter received: 03/10/2017

Biometrics scheduled: 03/24/2017

 

So, it's my understanding that the whole AOS process is put on hold for now and restarts once we send in our RFE paperwork. I am assuming it is because I only sent my W2s for the 2016 year and not my tax returns. I'm currently working on my tax returns with my accountant, but I've hit a road block because my husband and I were married on December 30, 2016. Technically I have to file as married now, but I don't know how to file! Jointly or separately? He never worked, but would have to get an ITIN in order for us to file jointly and I'm unsure if he can still file as exempt on his F1 if we file separately, now that we are married. 

 

Does anyone have any insight on how they filed their 2016 returns having gotten married?

I'm also assuming they will be asking for my tax returns, but it could be something else!

 

I'm just a little worried because we have a family event in his home country in July.

I'm not sure about the tax question, and I'm kind of in the same boat as far as filing goes. Sorry to be of no help.

 

But as for the AP situation and needing to travel in July, on average I-131 takes about 3 months to be approved. So if you filed at the beginning of March, hopefully you'll receive your AP in June, early July at the latest. But of course, it depends on other factors. I wouldn't worry just yet.

[gallegamericana 8]

7 minutes ago, rosecloud said:

I'm not sure about the tax question, and I'm kind of in the same boat as far as filing goes. Sorry to be of no help.

 

But as for the AP situation and needing to travel in July, on average I-131 takes about 3 months to be approved. So if you filed at the beginning of March, hopefully you'll receive your AP in June, early July at the latest. But of course, it depends on other factors. I wouldn't worry just yet.

Thanks, Rosecloud. Fingers crossed that our RFE doesn't affect the AP process!

[kat&eddie 6]

2 hours ago, gallegamericana said:

My husband came to the US with me in 2015 on an F1 visa. We got married on December 30, 2016.

 

Application sent (I-130, I-485, I-765): 02/20/2017

Application received: 02/21/2017

Checks cashed: 02/28/2017

Text NOA1: 03/01/2017

Paper NOA1: 03/06/2017

Sent I-131 (we forgot to!) -03/08/17

RFE message posted on USCIS check my status: 03/10/2017 -Haven't received paper RFE

Biometrics letter received: 03/10/2017

Biometrics scheduled: 03/24/2017

 

So, it's my understanding that the whole AOS process is put on hold for now and restarts once we send in our RFE paperwork. I am assuming it is because I only sent my W2s for the 2016 year and not my tax returns. I'm currently working on my tax returns with my accountant, but I've hit a road block because my husband and I were married on December 30, 2016. Technically I have to file as married now, but I don't know how to file! Jointly or separately? He never worked, but would have to get an ITIN in order for us to file jointly and I'm unsure if he can still file as exempt on his F1 if we file separately, now that we are married. 

 

Does anyone have any insight on how they filed their 2016 returns having gotten married?

I'm also assuming they will be asking for my tax returns, but it could be something else!

 

I'm just a little worried because we have a family event in his home country in July.

Hey

 

my husband and I just went through that process 

 

the first tax year he applies for an ITIN, you HAVE to file married jointly, he has to fill out the form W-7 ( on the IRS website) and send it in together with your tax returns for 2016 and along with documents that proofs his identity 

 

you can can look on the IRS website it describes it very good

 

if if you have questions feel free to ask

 

oh and the documents for his identity need to be notharized or you bring everything in person to an IRS office and show he shows his passport there, that works too

 

Good luck!

Edited March 12, 2017 by kat&eddie

[gaop0988 4]

Here's my timeline good luck everyone! 

 

AOS FROM B1/B2 

2/13/17    Packet sent in the mail to Chicago Lockbox via USPS through my lawyer.

2/14/17    Packet received 

2/21/17    Both Checks cashed

2/25/17 NOA

3/10/17 Biometricis for 3/21/16

Edited March 13, 2017 by gaop0988

[gallegamericana 8]

20 hours ago, rosecloud said:

I'm not sure about the tax question, and I'm kind of in the same boat as far as filing goes. Sorry to be of no help.

 

But as for the AP situation and needing to travel in July, on average I-131 takes about 3 months to be approved. So if you filed at the beginning of March, hopefully you'll receive your AP in June, early July at the latest. But of course, it depends on other factors. I wouldn't worry just yet.

Glad to hear someone else is in the same timeline boat! Fingers crossed that the RFE isn't ridiculous and we are only set back a week... so strange that we got that and the biometrics together! It's as if they are not actually stopping the process (which we would be great!)

 

Good luck to you!

[gallegamericana 8]

18 hours ago, kat&eddie said:

Hey

 

my husband and I just went through that process 

 

the first tax year he applies for an ITIN, you HAVE to file married jointly, he has to fill out the form W-7 ( on the IRS website) and send it in together with your tax returns for 2016 and along with documents that proofs his identity 

 

you can can look on the IRS website it describes it very good

 

if if you have questions feel free to ask

 

oh and the documents for his identity need to be notharized or you bring everything in person to an IRS office and show he shows his passport there, that works too

 

Good luck!

Hi kat &eddie! My husband has not filed for an ITIN yet. He is still an F1 student as his AOS is processing and was an F1 student (unmarried) for all of 2016, so while I have to legally file as married now because of being married for two days in 2016, he should still be able to file as an F1 student without income (meaning he doesn't actually have to file, but he will). Right now we are going to file as married, but separate. It's more expensive, but it's quicker and I'd rather not slow down our process!

[kat&eddie 6]

25 minutes ago, gallegamericana said:

Hi kat &eddie! My husband has not filed for an ITIN yet. He is still an F1 student as his AOS is processing and was an F1 student (unmarried) for all of 2016, so while I have to legally file as married now because of being married for two days in 2016, he should still be able to file as an F1 student without income (meaning he doesn't actually have to file, but he will). Right now we are going to file as married, but separate. It's more expensive, but it's quicker and I'd rather not slow down our process!

 

We had exactly the same situation, we also married on the 30th December

and my husband had to file married jointly, even the IRS website says the first year needs to be filed jointly. I'll copy the link for you. Since he had no income as a student , filing jointly will also bring you the most tax return since you have two deductions (one for you and one for your husband) and you'll get more money back 

 

he definitely has to apply for an ITIN, you have to do a paper return (not online or via TurboTax etc) and in the field where his ssn or itin is required you just write "applying for itin" 

 

If you have any questions feel free to text me

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse-treated-as-a-resident

 

please see the second point:

• You must file a joint income tax return for the year you make the choice (but you and your spouse can file joint or separate returns in later years), and 

 

 

since he had no income it will benefit you the most so I'd definitely recommend filling jointly (also IRS says it's a must for the first year, see above)

 

also don't be worried , filing jointly is not complicated at all and won't take longer 

 

Best luck

Edited March 13, 2017 by kat&eddie

[kat&eddie 6]

2 hours ago, gaop0988 said:

Here's my timeline good luck everyone! 

 

AOS FROM B1/B2 

2/13/17    Packet sent in the mail to Chicago Lockbox via USPS through my lawyer.

2/14/17    Packet received 

2/21/17    Both Checks cashed

2/25/17 NOA

3/10/17 Biometricis for 3/21/16

Lucky you  I still haven't received my letter for biometrics 

 

may i ask what local office you have for biometrics ?