beloved_dingo

Without an ITIN or SSN, the return has to be filed "MFS" (unless HOH applies, but that's not very common). However, the return has to be paper-filed. E-filing doesn't allow leaving the other spouse's ITIN/SSN blank, so paper is the only option. For people who have a spouse that may obtain an SSN soon, you can also request an extension so that you've got until October to file and potentially avoid having to amend anything later.

These situations always unlock a rant from me but I'll try to refrain and just say @Mike E is correct, you MUST file as married when you are married. If you do not have ITIN/SSN you file MFS and can amend later to MFJ once your spouse has an SSN to reap the additional tax benefits. The general rule of thumb with amendments is to let the original one process and then file an amendment, but I don't know the full implications for your immigration process so will defer to others on that.

If you don't get anything this week, I'd do an inquiry about the missing notice. https://egov.uscis.gov/e-request/displayNDNForm.do?sroPageType=ndn&entryPoint=init

They are saying the 48 month extension letter is likely already on its way. Many people have received it in the last week or so (we got ours yesterday). I would just wait for the extension letter at this point, and if you haven't received it in the next few weeks, then do an inquiry about "missing notice".

The letter was dated 3/1 btw.

The package is likely on its way back to you. You won't be able to just mail another payment. Either wait for the first package to return and resend with another payment method, or put a new package together and resent with another payment method. Are you saying that you have not yet received a receipt notice/extension letter? What date did you file?

Sure, I'll update later once I have it in hand.

Nope - no change or update on the I-751.

Informed Delivery shows that we're getting something from USCIS today. I assume it will be the 48 month extension.

Yes that means it's in transit and you need to check the tracking number at USPS to see the exact status/estimated delivery etc.

Yes, it is common for I-751s to get transferred after filing N-400.

This is the crux of the issue. But CBP also believed she intended to return home in May, and she apparently really did intend to return home since she didn't understand the situation at hand. Does her intent matter more or less than her misunderstanding of AOS rules? Not sure.

If the CO gets even the slightest whiff that you two are married, you'll get a denial. We have seen it many times here on VJ and ALWAYS caution people not to 1) have religious ceremonies 2) refer to each other as spouses, use the married last name, etc. 3) or provide any pictures or documentation that remotely could be construed to depict a marriage ceremony. To add to this issue, even if you manage to pass the interview, we have also seen reports of people with K-1 visas get denied entry to the U.S. by CBP. In one such case, it was because CBP looked through their phone and saw them referring to each other as "hubby" and things like that. So keep that in mind - CBP can look at photos, texts, etc. and STILL deny entry even if you get the visa. Here are some relevant threads: If you read through these, I think you'll understand why you are getting these responses.

I'd like to ask some clarifying questions. 1. You said your mom returned to the U.S. in Nov. 22. When did you all learn that her leaving the country abandoned AOS? 2. Did your mom know, when she returned in Nov. 22, that her AOS was abandoned, or did she believe everything was fine with the I-485 at that point? 3. Did your mom actually plan to return to her home country in May when she arrived back in the U.S.? Or did she know she would likely be staying indefinitely? Regardless of the answers to the above questions, there is a Catch-22 created by this sitation which is why people are cautioning that this could be misrepresentation. To further explain: 1. If your mom thought her AOS was still valid and processing normally when she returned in Nov. 22, then she also knew she wasn't just visiting. Adjusting status is not "tourism". 2. If your mom thought her AOS was abandoned when she returned in Nov. 22, then she likely either a) thought she should no longer AOS and planned to just visit or b) she knew that she would try AOS again. If a) is true she could be fine refiling but if b) is true there could be misrep. 3. If your mom did not understand that she could not leave and return to visit as she pleased, then she could possibly have planned to just visit AND also believed her AOS application would still process as normal. This wouldn't be misrep imo BUT the burden is on her to know the rules, and this could still cause issues because USCIS may not believe it was all through pure ignorance. It is often said here that CBP and USCIS presume immigrant intent by default, and the burden is on the immigrant to demonstrate otherwise. This is the hurdle you are facing. So, imo yes there is a chance that filing another I-485 would work out in the end with no major issues if the more favorable scenarios above apply to her and USCIS believes it. However, there is also a chance that USCIS determines she misrepresented herself. If that happens she could get a lifetime ban. Consular processing could be safer, but obviously she would have to leave and visiting on a B2 in the meantime is always at the discretion of CBP.

It typically takes longer than just 2-3 days to get the I-797. Could be a week, could be longer.

Use tax transcripts instead.

It depends. Our field office is in a city is about a 2 hour drive, but the bio appointment was at a local ASC in the city where we live. That's normal. N-400 is a more efficient process in pretty much every way compared to I-751.

So sorry for your loss. But luckily, especially with that explanation, I believe you are 100% okay with the slightly late I-751 filing.

People have posted about it here in several I-751 threads, and in the specific thread about the 48-month extension letters. Here are some: https://www.visajourney.com/forums/topic/795228-extension-letters-now-being-increased-to-48-months-merged/page/11/?tab=comments#comment-10807300 https://www.visajourney.com/forums/topic/749037-i-751-october-2020-filers/page/86/?tab=comments#comment-10807861 https://www.visajourney.com/forums/topic/740623-june-2020-i-751-filers/?do=findComment&comment=10808142 https://www.visajourney.com/forums/topic/742447-july-2020-i-751-filers-merged/?do=findComment&comment=10808487

Perhaps I am wrong, but the way I read the original post is that they are both outside the U.S. right now together ("I've had to convince her to move to the US with me"), and not long distance. Unless OP decides to clarify any of this though, it's anyone's guess.

I don't know if this really frames the situation correctly...it makes it sound like his wife is somehow in the wrong for not wanting to uproot her current life to move to a foreign country away from her support system that exists outside of her marriage - a marriage of only ~1 year as well. OP has given us no information about why they seemingly have no choice but to move to the U.S., and it seems he knew before marriage that she didn't want to move. If I were her, I would see it as a red flag that my spouse is basically forcing me to leave my home but is "terrified" of having to sign a document pledging to support me.

First, to address this statement: "I could be on the hook for a lifetime of financial support if we get divorced (It doesn't end after 10 years as most possible think)." The I-864 obligation ends if the immigrant becomes a U.S. Citizen or is credited with 40 quarters of work (which is usually 10 years). So, yes the obligation CAN last longer than 10 years, but it won't if either of these conditions are met. Second, I disagree that the I-864 "incentivizes sponsored immigrants to not work" but I won't debate that. In your situation only one immigrant matters. This immigrant is also your wife. What causes you to fear that in the event of a divorce, that she would stop working? Does she not have a desire to work or a good work ethic?

Have any of the Nov. 2021 filers received a 48 month extension yet? Seems like a lot of folks received theirs this week.

I believe you're fine because: 1) You technically mailed it on time (1 day early) 2) You enclosed an explanation for the late filing 3) Your I-751 was received only a few days late Out of curiously, what reasons did you include in the explanation letter?

The zip code 60124 is Elgin, Campton Hills and several others. Many addresses can have different interchangeable cities/towns and still be correct. In this case, Campton Hills is a part of Elgin.