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Posted (edited)

So I have to file my I-751 in October, I wrote a post a few months ago about a problem I have encountered. My husband and I did our taxes and the stupid accountant filed my husband as single. We amended his tax return to married filing separate as we had wanted to do originally. We did the amendments in May, I have now called New York and North Carolina and they said they haven't done the amendments yet. Better yet North Carolina says it can take up to 6 months for them to do the amendment which means it won't be done until November and my papers have to be sent in by October. New York has told me that if we haven't received any notice in the mail yet that they may not have received our amendment. The Federal adjustment seems to have been done as it says on their website. I am almost in tears. What if the amendments haven't been done by October when I need to file my I-751? What will happen? Will I be denied and sent back to my country? I don't know what to do. Do I need proof of the amendments to send to them with all my documents for my I-751? This whole mess is because of this lousy accountant recommended to us. 

Edited by AmericanDreamer23
Posted
4 minutes ago, AmericanDreamer23 said:

So I have to file my I-751 in October, I wrote a post a few months ago about a problem I have encountered. My husband and I did our taxes and the stupid accountant filed my husband as single. We amended his tax return to married filing separate as we had wanted to do originally. We did the amendments in May, I have now called New York and North Carolina and they said they haven't done the amendments yet. Better yet North Carolina says it can take up to 6 months for them to do the amendment which means it won't be done until November and my papers have to be sent in by October. New York has told me that if we haven't received any notice in the mail yet that they may not have received our amendment. The Federal adjustment seems to have been done as it says on their website. I am almost in tears. What if the amendments haven't been done by October when I need to file my I-751? What will happen? Will I be denied and sent back to my country? I don't know what to do. This whole mess is because of this lousy accountant recommended to us. 

First of all, take a deep breath. This situation is not that difficult. 

2 solutions.

A. If your deadline is on October based on your conditional green card expiry date and you cannot file beyond that then just print the amendment document from website (since you mentioned it shows in federal website). USCIS will definitely understand it and explain in your cover letter. 

B. If you can wait some more time (again based on your conditional expiry date) then get the amended tax return and then file with everything complete and you might as well collect more documents by then. 

 

 

Filed: Citizen (apr) Country: Turkey
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Posted
11 minutes ago, AmericanDreamer23 said:

So I have to file my I-751 in October, I wrote a post a few months ago about a problem I have encountered. My husband and I did our taxes and the stupid accountant filed my husband as single. We amended his tax return to married filing separate as we had wanted to do originally. We did the amendments in May, I have now called New York and North Carolina and they said they haven't done the amendments yet. Better yet North Carolina says it can take up to 6 months for them to do the amendment which means it won't be done until November and my papers have to be sent in by October. New York has told me that if we haven't received any notice in the mail yet that they may not have received our amendment. The Federal adjustment seems to have been done as it says on their website. I am almost in tears. What if the amendments haven't been done by October when I need to file my I-751? What will happen? Will I be denied and sent back to my country? I don't know what to do. Do I need proof of the amendments to send to them with all my documents for my I-751? This whole mess is because of this lousy accountant recommended to us. 

Is state tax return a requirement now? A lot of people only submit their Federal Return transcripts. If federal is done, you are good to go.

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Posted

Just explain in a cover letter and attach a copy of your amended Federal return....problem solved..

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted

You'd be surprised what you can explain with a cover letter.  I showed scanned news paper articles from our wedding announcement saying we got married in Branson MO.  And half my wedding paperwork said Branson Missouri.

 

Yet where we actually got married was in Ridgedale Missouri, less than 10 minutes away (and about the size of a fart for a town).  I submitted cover letters explaining what was going on, no RFE's.  When asked by immigration officer where we got married, said well I tell people Branson because everybody has heard of Branson, yet technically it's Ridgedale Missouri of which nobody knows where that is.

 

Mistakes can happen.  I also had paperwork showing for some reason the auto insurance had me married on one form, and single on the other with my wifes name below it.  Another cover letter, another explanation, and no RFE.

 

If you're that worried about it, have your accountant sign a affidavit saying they goofed 

I-129F Date: September 24th 2013
I-129F delivered (via USPS update): September 27th 2013 4:40 am
Check cashed: 10/2/2013 
NOA1 email: 10/2/2013
NOA1 hardcopy arrived: 10/7/2013

Alien registration number recieved: 10/21/2013
NOA2 email: 11/7/2013  only 37 days between NOA1 and NOA2...

NOA2 hard copy recieved: 11/12/2013
USCIS shipped I-129F approved petition to NVC: 12/9/2013
NVC receives petition: 12/17/2013

NVC ships petition to London embassy: 12/19/2013
London receives petition: 12/23/2013

CEAC marked as ready: 12/23/2013
Random CEAC status updated date: 12/27/2013

Readiness of Action form submitted: 3/11/2014 (original medical date of 3/12 delayed...)
Medical in London: 4/16/2014
Packet 4 received: 4/28/2014
Interview date: 5/12/2014 APPROVED!!! 

Enter US:  August 2014

Married:  October 2014

Adjustment of status paperwork sent:  End October 2014

Biometrics:  November 2014

Letter from USCIS telling us backlog, expecting an answer in 6 months:  Feb 2015

Interview with USCIS:  August 2015.  Agent says will be approving

Receive Greencard:  Sep 2015

File for Removing of Conditions:  7/27/17

NOA1 Letter:  Dated 8/1, receive 8/5

 

 

Posted (edited)
41 minutes ago, AmericanDreamer23 said:

So I have to file my I-751 in October, I wrote a post a few months ago about a problem I have encountered. My husband and I did our taxes and the stupid accountant filed my husband as single. We amended his tax return to married filing separate as we had wanted to do originally. We did the amendments in May, I have now called New York and North Carolina and they said they haven't done the amendments yet. Better yet North Carolina says it can take up to 6 months for them to do the amendment which means it won't be done until November and my papers have to be sent in by October. New York has told me that if we haven't received any notice in the mail yet that they may not have received our amendment. The Federal adjustment seems to have been done as it says on their website. I am almost in tears. What if the amendments haven't been done by October when I need to file my I-751? What will happen? Will I be denied and sent back to my country? I don't know what to do. Do I need proof of the amendments to send to them with all my documents for my I-751? This whole mess is because of this lousy accountant recommended to us. 

No way it can take 6 months. When we filed our tax return, a tax agent wrote my daughter's name instead of mine and got wrong my husband's DOB. IRS amended it straight away after I sent them the  amended document. Soon after they sent us back the document that confirms the amendment. I suggest you not to drag it but send them the  amended return now and I believe you should receive a corrected return sooner than Oct. 

 

oh oh sorry I missed that part that you already sent the amended return. Reading from my cell phone. Hopefully they will amend it soon. 

I have no idea why they said it could take them that long. When I called IRS, they told me it's not a big deal to correct since those were not maths mistakes. 

 

 

Edited by Lenchick

Posted (edited)

You are missing one vital thing: tax returns are not a required document for the I-751.

Sure, USCIS put them in their example list and they think they make a great piece of evidence of bona-fide-ness (I think I might trademark that word), but there is no legal requirement to submit them. 

 

If you do get an RFE or an interview, then with current processing times they should be all amended by then and you can submit/produce them should you wish.

 

 

 

EDIT- I see @Cookiecat posted exactly the same above. That will teach me to skim read on a phone...

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Posted

Ok but if the federal tax return has been amended you are saying it doesn't matter that the North Carolina and New York state tax returns are not? I know that it counts as bonafide evidence but I am also worried about another thing, me and my husband have decided to use separate bank accounts. We do have a joint account that we have had since I ever got my green card but it isn't used constantly on a day to day basis, and its just his income coming in there. I do however have my name on the account. We also have a credit card which my husband has kind of maxed out.....so kind of worried that the fact that we don't have a joint bank account that we are using on a constant basis might be a problem...we did actually open a new account with our names both on it but I decided that it looks even worse If we try and do that now. We legit use our own bank accounts like a lot of other married couples. Do you think this will be an issue combined with my IRS issue? 

Posted

I am just worried that this won't look good, I have plenty of other evidence, 2 year lease, joint tax return from 2015, furniture joint card account, photos, insurance - medical and home, same gym, telephone account, credit card, the joint bank account that we have not been using on a constant basis, life insurance, utility bills in both our names.........

Posted
2 hours ago, charmander said:

Is state tax return a requirement now? A lot of people only submit their Federal Return transcripts. If federal is done, you are good to go.

Well if that is the case I am good to go then! So do I need to just send in my husbands amended tax return then? I have the amended tax return that the accountant did and I can print out the status on the federal website. Would I send in the original one where they put my husband as single too? Your help is greatly appreciated. 

Posted
4 minutes ago, AmericanDreamer23 said:

I am just worried that this won't look good, I have plenty of other evidence

Well stop worrying then!

 

You don't live your life according to some bloody USCIS checklist that some intern gimp probably devised on their lunch break. 

 

Tax returns are not a mandatory requirement, you don't have it, and you can't provide it. 

 

You cant provide what doesn't exist!

 

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Posted
Just now, mindthegap said:

Well stop worrying then!

 

You don't live your life according to some bloody USCIS checklist that some intern gimp probably devised on their lunch break. 

 

Tax returns are not a mandatory requirement, you don't have it, and you can't provide it. 

 

You cant provide what doesn't exist!

 

Haha thank you

Posted
1 minute ago, CookieCat said:

Just to make absolutely clear what some of us are saying here....It DOES matter that you amend your state tax returns. However you don't have to wait or worry about submitting your state tax returns if they're not amended in time when you send your I-751 package. As long as your fed taxes are amended and you have tax returns or transcripts in hand, you're good to go. 

Ok when you say I have tax returns or transcripts in hand what do you mean? I have my husband's incorrect 1040 federal income tax return and his amended one that I was given by the lousy accountant but as of right now no confirmation from the IRS that its been done. On the IRS website it said it was done in July, if I print this off would that be good enough? Hopefully by October I will have received some kind of written confirmation from the IRS.....

 
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