May 2020 AOS Filers

[Sarge2155 4,586]

10 minutes ago, taximan683 said:

Well, I looked into it further and I can't claim the K-2 as a dependent because she was in the USA only 177 days in 2019 and would not be considered an resident alien. She has to be in the USA 183 days, so that 6 days cost me about $3,000. She doesn't qualify as a dependent if she is a non-resident alien. I thought about filing with her as a resident alien and hope they don't notice, but to get the ITIN you have to provide a document showing the date she entered the country.

 

That made things easier anyway. I just left the K-2 off of the return and filed jointly with my K-1. That's a load off my mind. I was afraid to send her passport to the IRS, and I didn't want to pay an acceptance agent for the ITIN.

 

Taxes done, that's one less thing to worry about now.

Good going, you can catch the K2 next tax season!

[Indie2020 35]

38 minutes ago, taximan683 said:

Well, I looked into it further and I can't claim the K-2 as a dependent because she was in the USA only 177 days in 2019 and would not be considered an resident alien. She has to be in the USA 183 days, so that 6 days cost me about $3,000. She doesn't qualify as a dependent if she is a non-resident alien. I thought about filing with her as a resident alien and hope they don't notice, but to get the ITIN you have to provide a document showing the date she entered the country.

 

That made things easier anyway. I just left the K-2 off of the return and filed jointly with my K-1. That's a load off my mind. I was afraid to send her passport to the IRS, and I didn't want to pay an acceptance agent for the ITIN.

 

Taxes done, that's one less thing to worry about now.

Just one thing - how many days in the US during 2018 and 2017? I ask because you may file taxes under the 'substantial presence test'. worth checking out. 

 

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

[taximan683 75]

26 minutes ago, Indie2020 said:

Just one thing - how many days in the US during 2018 and 2017? I ask because you may file taxes under the 'substantial presence test'. worth checking out. 

 

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Unfortunately, she was not in the USA before 2019. You are right though, and it's good to post that in case someone else is in the same situation. Thank you!

[Zack619 2]

On 8/13/2020 at 9:13 PM, Eshoesco24 said:

Hi all! We received the biometrics appointment letter in the mail today for August 19th. The website did not update so just be patient! Our local office is Detroit, MI.

Hi, my asc center is Detroit my NOA date is June 03 2020. Did u file both I130 and I485 together? Hope I get my biometrics appointment soon. 🤞 

Edited September 3, 2020 by Zack619

[Kai & Jer 14]

On 8/29/2020 at 12:36 PM, Ruan & Emmanuel said:

Hey y'all,

 

I just got my EAD/AP combo card. I'm so hyped! 😄

Waiting for the SSN card now so I can start doing things.

 

Congratulations! I saw your timeline says you expedited your combo card, do you mind sharing the experience? I tried to expedite too but they said my situation is not emergent enough or something and denied it.

[Kai & Jer 14]

6 hours ago, Ally&Axel said:

Hi Guys,

 

I'm glad it's going faster for you guys than me, and I have a few questions.

 

• For those of you that have their case at the NBC, have any of you received fingerprints appointment yet?
• Also how do you know for sure where your case is at? I'm assuming it's at the NBC because that's what my NOA says under "USCIS office address" but who knows..
• Uscis processing time says it should take 28 to 37 month to process EAD. What is this timelines?? If I recall it was like 5 to 7 months about a month ago.

 

You can check which service center is processing your case by looking at your receipt notice.

Also if your receipt number starts with "MSC" then it's at National Benefit Center (NBC).

 

 

[Rearviewmirror 397]

Is it  just me or does it feel like not much moved this week other than for folks who filed  expedites?

[Sarge2155 4,586]

13 minutes ago, Rearviewmirror said:

Is it  just me or does it feel like not much moved this week other than for folks who filed  expedites?

Lots of them in fact!

[Ally&Axel 43]

10 hours ago, Kai & Jer said:

 

Thank you for clarifying. I wish it wasn't stuck at the NBC but in Texas instead where I'm applying from. The NBC is the slowest apparently.

[Ayrton 965]

31 minutes ago, Ally&Axel said:

Thank you for clarifying. I wish it wasn't stuck at the NBC but in Texas instead where I'm applying from. The NBC is the slowest apparently.

All cases are first adjudicated at the NBC. They're are the ones checking the forms, giving RFEs out, approving EAD/AP. Your local office will only receive your AOS application when you're ready to have an interview, because that's basically the only thing the local office does. All the timelines you see takes in consideration the time the application was first at the NBC and then moved to your local office.

[Kai & Jer 14]

31 minutes ago, Ayrton said:

All the timelines you see takes in consideration the time the application was first at the NBC and then moved to your local office.

Does this mean, on the Processing Times page, when you select I-485 then field office, that 24-36 or however many months only starts counting once your case is transferred from NBC to the field office?

So the total processing time from submission to GC approval = NBC processing time + Field Office processing time?

 

Edit: I found answer to my own question, on uscis website it says:

"This time range is how long it is taking USCIS to process your case from the date we received it. We generally process cases in the order we receive them, and we will update this page each month. The estimated time range displayed is based on data captured approximately two months prior to updating the page."

Edited September 3, 2020 by Kai & Jer

[Ayrton 965]

55 minutes ago, Kai & Jer said:

Does this mean, on the Processing Times page, when you select I-485 then field office, that 24-36 or however many months only starts counting once your case is transferred from NBC to the field office?

So the total processing time from submission to GC approval = NBC processing time + Field Office processing time?

 

Edit: I found answer to my own question, on uscis website it says:

"This time range is how long it is taking USCIS to process your case from the date we received it. We generally process cases in the order we receive them, and we will update this page each month. The estimated time range displayed is based on data captured approximately two months prior to updating the page."

Like I said it's the whole thing: NBC+Local Office.

[taximan683 75]

1 hour ago, Ayrton said:

All cases are first adjudicated at the NBC. They're are the ones checking the forms, giving RFEs out, approving EAD/AP. Your local office will only receive your AOS application when you're ready to have an interview, because that's basically the only thing the local office does. All the timelines you see takes in consideration the time the application was first at the NBC and then moved to your local office.

Is this correct? 28.5 Months to 37 Months for EAD at NBC for K-1 and K-2? Our receipt numbers all start with MSC.

Edited September 3, 2020 by taximan683

[Ayrton 965]

1 hour ago, taximan683 said:

Is this correct? 28.5 Months to 37 Months for EAD at NBC for K-1 and K-2? Our receipt numbers all start with MSC.

Nobody knows. It used to be 4-6 months. When they had issues printing the cards, and a judge told them they should produce cards I'm 7 days, they changed the processing time to that. But I think they only did that so people wouldn't complain it's taking too long.

[Ruan & Emmanuel 84]

17 hours ago, Kai & Jer said:

Congratulations! I saw your timeline says you expedited your combo card, do you mind sharing the experience? I tried to expedite too but they said my situation is not emergent enough or something and denied it.

I firstly requested to expedite my travel document cause my grandma fell ill in my home country. I faxed the medical reports translated and certified to USCIS.

The following day I had a confirmation of travel document expedited. Same day I requested to expedite my EAD based on a job offer that I received that day.

3 days after they approved my request and mailed the EAD/AP combo card.