February 2020 AOS Filers

[Sarge2155 4,590]

9 minutes ago, S_&_M said:

We finally got my husbands EAD card today! On his birthday! (NZ time) 🥳

 

Biometrics - March 17

EAD approval - July 29

Card mailed - August 11

EAD card received - August 14

 

 

Let's rock congratulations!

[igoyougoduke 1,674]

If any one is serious about going to court for relief here is a sample case and you can lookup all court cases on this page 

 

https://www.govinfo.gov/app/search

 

Also congress has it in law all peititons USCOURTS-cand-3_20-cv-02163-0.pdfmust be adjudicated within 180 days of filing. if only all immigrants know about it https://www.law.cornell.edu/uscode/text/8/1571

 

Here is a sample case where an immigrant file a Writ of Mandamus for failing to adjudicate her petition. 

 

Iam looking into doing this soon.

 

 

 

Edited August 15, 2020 by James120383

[osally1 41]

I was expecting my biometric letter in the mail all I got today was my social. 

[MelOe 187]

7 hours ago, mvasantos said:

Unfortunately if you filed the taxes and you didn't have a SSN, your husband/spouse who's the US Citizen won't receive the stimulus check. I'm on the same boat, my wife has SSN and I have ITIN and she's not eligible for it because of that. But, if you get your SSN before filing next year taxes, you and your husband will be eligible to ask for the credit. If you don't get your SSN by then, he'd need to file separately and ask for the stimulus check credit. It sucks and it doesn't make sense that our spouses (US Citizen) can't get it because of us, it's straight up discriminatory.

I didn't file taxes in the US yet. I arrived in February on a k visa, immediately requested an ssn (and married, and filed AOS...), but had to wait about six weeks before I received it. During those six weeks the stimulus checks were decided on. My husband filed his taxes in 2018 and 2019 alone

[Cornflake 108]

1 hour ago, James120383 said:

If any one is serious about going to court for relief here is a sample case and you can lookup all court cases on this page 

 

https://www.govinfo.gov/app/search

 

Also congress has it in law all peititons USCOURTS-cand-3_20-cv-02163-0.pdfmust be adjudicated within 180 days of filing. if only all immigrants know about it https://www.law.cornell.edu/uscode/text/8/1571

 

Here is a sample case where an immigrant file a Writ of Mandamus for failing to adjudicate her petition. 

 

Iam looking into doing this soon.

 

 

 

Wow! What's falling under "benefit application"? 

[mvasantos 67]

1 hour ago, MelOe said:

I didn't file taxes in the US yet. I arrived in February on a k visa, immediately requested an ssn (and married, and filed AOS...), but had to wait about six weeks before I received it. During those six weeks the stimulus checks were decided on. My husband filed his taxes in 2018 and 2019 alone

If your SSN says the DHS thing you're not eligible neither your husband if filed together but he should've gotten it with his 2018 taxes, it's weird.

[Ayrton 965]

4 hours ago, mvasantos said:

If your SSN says the DHS thing you're not eligible neither your husband if filed together but he should've gotten it with his 2018 taxes, it's weird.

That is incorrect.

 

Only ITINs are ineligible (and their SSN spouses when filed jointly).

 

I have a SSN with the DHS thing and I received the Stimulus check.

[Ayrton 965]

6 hours ago, MelOe said:

I didn't file taxes in the US yet. I arrived in February on a k visa, immediately requested an ssn (and married, and filed AOS...), but had to wait about six weeks before I received it. During those six weeks the stimulus checks were decided on. My husband filed his taxes in 2018 and 2019 alone

What was his income for 2018 and 2019?

[Sarge2155 4,590]

1 hour ago, Ayrton said:

That is incorrect.

 

Only ITINs are ineligible (and their SSN spouses when filed jointly).

 

I have a SSN with the DHS thing and I received the Stimulus check.

Correct my wife had the DHS thing to on her SS card and got the check also!

[mvasantos 67]

3 hours ago, Sarge2155 said:

Correct my wife had the DHS thing to on her SS card and got the check also!

Sorry then, I read somewhere ppl that had the DHS didn't get the stimulus. Well, if you have SSN you get it then!

[Letspaintcookies 2,310]

For the first stimulus they looked at the taxes from 2018. If there will be another one IRS will probably look at the 2019 taxes to see who is eligible. If one of those were filed jointly ( with SSN as mentioned before ) then both spouses will get the check. If filed single or separate then only the one who filed will get the check.

 

Nonetheless when the foreign spouse files their taxes for 2020 next year they can claim the stimulus then. It's a tax relief for the 2020 tax year and the check that already came in or will come again soon can be treatened as a early tax present. I hope my explanation makes sense and helps to clear the question 😊

[Manuel94 72]

18 minutes ago, mvasantos said:

Sorry then, I read somewhere ppl that had the DHS didn't get the stimulus. Well, if you have SSN you get it then!

You get a check only if you are a “resident for tax purposes” for the IRS, and you can be one if you pass their substantial presence test: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

 

What does this mean? You must be present in the country for a specific number of days, have a SSN (not ITIN) and you must have filed taxes for 2018 or 2019. I for example, was eligible for the check even before I met my wife, having a SSN in itself alone does not make you a resident for tax purposes.

[Tensheets 17]

I got my biometrics appt finally today for 8/27. Receipt date was 2/24, original appt was sometime in March, cancelled of course. Family based. Fort Smith ASC. Haven’t made any calls or appeals or anything. There is hope people! 

[Amaterasu 137]

20 minutes ago, Tensheets said:

I got my biometrics appt finally today for 8/27. Receipt date was 2/24, original appt was sometime in March, cancelled of course. Family based. Fort Smith ASC. Haven’t made any calls or appeals or anything. There is hope people! 

Glad to see another UK Bentonville expat! Good luck with your biometrics, I had mine last week.

Fort smith is certainly different to Bentonville...

[Tensheets 17]

12 minutes ago, Amaterasu said:

Glad to see another UK Bentonville expat! Good luck with your biometrics, I had mine last week.

Fort smith is certainly different to Bentonville...

Yeah I’ve had the good fortune to have to visit there before for another reason so I know what you mean....