Case held for Review

[Babsido 0]

Hi everyone.
Thanks for this wonderful, ever so informative website that I have been scouring since I started my immigration journey. I finally joined a few minutes ago because I am in need of your help.
I have a few issues I need help with but I think it'd be best if I posted them separately. This turned to be a much longer post than I expected as it is.
My main questions are: A) How long does it normally take for gonorrhea test REF to be sent out? B) Normally, how long before we get results for our case?  
Here are more details of our story:
My husband and I have been married for six month. We filed AOS a coupled of months since the wedding and our interview was beginning of March.
Our proof of co-mingling were: Club memberships, Health insurance, Store cards, like Sam's club, mail addressed to both of us and photos, IO didn't want the printed text conversations we brought. He had suggested we open up a joint bank account where we would save our vacation money, we travel a bit together. That didn't happen because, whenever I brought that up, reminding him about actually going to the bank, he would come up with an excuse like, we can get better benefits from certain banks through his employer; I should wait until he enquires more about that. Then, he would tell me we need $3 000 to open up a bank account in America. I know that's not true because I have lived in America for several years. Long story, short, I finally realized that he didn't want to have a joint bank account.
He filed joint taxes this year, listing me as a dependent. I work part time, and he takes care of the rent bill. I pay for the smaller bills and food. He stalled the actual submission of his taxes until the last minute. One day, when he was angry, he brought up that, he didn't want immigrations to know about his IRS stuff. I assume that's why he made sure those papers weren't ready by the time of interview.
The house we live in is owned by family, I asked him to see if they can write some form of an affidavit stating that we both live here together as a married couple etc. He cut me off before I could even finish and told me that that's not necessary. We are legitimately married and that should be enough.
I mention all the above to tell you that the IO kept asking for those three documents. He would go over my stuff and keep asking if I didn't bring any of the above. That stung through my heart because I knew we needed them and there was no co-operation from husband. 
The interviewer gave me a note and told me that he needed gonorrhea test done. My doctor hadn't done that apparently it was  new when I went for my medical exam. I was to wait for a REF before mailing the gonorrhea results back. IO also told me that he will hold my application for review, to wait 120 days for results. A week later, we received an approval notice for our I130 application that apparently is not a green card approval. 
IT's been a little more than two weeks since the interview and I haven't received the REF yet. I already have the gonorrhea results in new medical exam results for them. 
Thanking you in advance!

[Villanelle 4,122]

Im so sorry for everything you are going through...   I read both your threads and am going to reply on the other one as well. 

 

Honestly, I think you are in good shape for an approval! You do need to wait for the RFE. But heres the thing- if the RFE is ONLY for the updated medical, then once you submit it, you should be approved! If the Officer was NOT satisfied with your proof for AOS (the things you talked about missing from co-mingling) your RFE is going to be for the medical AND more co-mingling stuff. 

 

So a whole lot is going to depend on the RFE. If its just the medical then even though you were missing 'common' items- you satisfied him in the interview and can and will be approved once the medical issue is resolved. If the RFE is for medical+ additional proof---- well, then you have a problem. Youll need to come up with more stuff to get approved.

 

Personally 2 weeks waiting for the RFE is pretty common. But due to your situation you dont want to wait forever! One user here with a straightforward case that for some reason USCIS is making complicated waited over a month for her RFE and only got it because she went to the local office on an infopass appt and they gave it to her. Who knows how long she wouldve waited if she didnt. Now her case is abnormal.

 

Keep checking your case status online. It will show when the notice is/was mailed. Did you sign up for alerts? If by next week you dont have the RFE make an appt for infopass. Actually make the appt now for next week and you can cancel if you get the notice before then. When you go you can explain to the Officer in the window that you have the medical update and see if they are able to either accept it (they may not want to) or get the RFE printed out. You have to realize that the RFE is going to be generated by the Officer that interviewed you. No one else can make it. Sometimes the Officers (being busy) push it to the side and will generate them every week or so. Theres nothing wrong with going to infopass and POLITELY asking if theres any way you can get the RFE done asap. They often will take a break when the front desk Officer tells them you are there looking for it and generate it. They dont have to- so being as polite and humble and charismatic as you can- can get results. Of course they can tell you no and send you home. Its really a shot in the dark but you seem to have a flexible schedule so theres no reason to give it a try! 

[Babsido 0]

@Damara 

Thank you so much for taking the time to read and respond. He told us the RFE wasn't just for the medical. He just needed to review it. I did ask him how things were looking, good?  He told me, 'it's looking good'. Of course I won't quote him on that. Even though I just did. Husband asked if he could send the tax papers with the medical, the guy was like, 'meh. U can if u want to'. I later asked my husband if he was still planning on doing that. He told me he was lying to that guy. 

Yes, I have alerts and check my case online often. I also check the mailbox a gazillion times a day. 

 

I like the infopass idea. I'll do it today for sure. Thank you.

 

Yes, I have a flexible schedule and there are immigration offices less than 5mins drive from our place. 

 

Thanks for everything.  Just so you know, you made someone's day to day!

 

 

 

 

[Villanelle 4,122]

Also just so you know, there's no such thing as listing your spouse as a dependent on tax forms. People use that terminology but it's incorrect. Anyone knowledgeable about taxes in the US will understand what one means if they say I listed my spouse and kids as dependents. But technically when you list a spouse it's as an equal (according to the IRS). They don't consider spouses dependents. 

 

So as a married individual you can file JOINTLY or separately. Filing joint means you get credits/deductions for both spouses. Hence why  many view it as the spouse is a dependent. But again it's technically not.

 

If a joint return was filed YOU are legally responsible for any amounts  owed or due back. This also means YOU are entitled to a copy of the return as it was BOTH of your tax return, not just his. Technically you signed it! Because most do taxes online no one actually puts pen to paper anymore but he clicked the buttons to enter your signature. 

 

You should obtain a copy of the return and check it for accuracy. You can get a copy online but if it was just filed the IRS may not have transcripts ready yet. Look up where your local IRS taxpayer center is. They have walk in hours. Probably limited or busy right now since it's so close to due date. Bring ID and see if they can give you a copy of the joint return. Get it now so you'll have it for the rFE if needed and also for peace of mind. If you do end up divorcing at a later date you will need to know if money is owed to the iRS as a couple since they won't care if u divorce and will come after you for it. 

 

[Babsido 0]

I don't think he was intending to tell me about jointly filing taxes. I am the one who brought it up when collecting evidence for the interview. That's when he mentioned that because he had been supporting me, he added me on there as a dependent.I didn't think about what you mentioned about the fact that if he owes IRS, that means I owe too. That's a very big eye opener. I appreciate you telling me. He goes to tax offices and they take care of the filing for him. It's just that he keeps telling me they haven't called him back. His appointment date has passed already. 

 

It sucks that I have to go so much trouble for things I am entitled to like tax copies. If he get more money back because of me, he can have it. There was an instance before where he pretty much forced me to complain and go after a bill company; a bill I pay around the house. Eventually, when the complaint had been escalated, he wanted to talk to the manager, I gave him the contacts, he got them to send the check to his name. I never saw the check. I asked him one day, when I thought he would have received it and had noticed he stopped talking about that case. He told me he did receive the check. That was the end of it. At first, He had told me that they were sending us a check and he was going to split it halfway with me. I guess he changed his mind.

 

By the way, won't he need my ss # to add me to his taxes? 

 

Thanks again @Damara

[Villanelle 4,122]

Hmm is there a reason why you dont think he has or knows your SSN?... Yes, he would need it to file taxes, but your spouse knowing your SSN number is not uncommon. Its actually ODD for you to not know your spouses SSN.  For some couples/families one spouse is in charge of the bills and insurances and stuff like that and often they have every members SSN memorized by heart. (even some people that share responsibility have the numbers memorized). Theres nothing wrong with NOT having it memorized though!! Im not saying that- but there is something wrong if the numbers are 'kept' from each other. Thats a major trust issue and would lead one to believe its not a legit marriage. 

 

Also you say 'tax office'. That can mean a lot of things. Technically the IRS is the only government 'tax office'. They have locations just like the USCIS does in every area. Some people call tax preparation service offices or accountant the 'tax office'. They are private for hire companies/individuals that are licensed to prepare taxes (on the customers behalf). They can also represent you in tax hearings. But make no mistake they are private entities and NOT the government. A person can choose to file their taxes on their own or hire someone to assist/prepare it for them. 

 

If he went to a tax service then they shouldve asked for both of you to sign something or be there in person because like I said even if one files electronically- the taxpayer or taxpayers (if joint) are both entering their signature electronically. It would be irresponsible of the tax service to simply 'take his word for it' that you were both on board with the return and enter YOUR signature electronically with out speaking to you or having some other form of permission from you. Totally possible it could happen. People are generally trusting and it wouldnt be odd for a man to come in with both his tax documents and his wifes and ask for a joint return to be done and they do it. Im just saying its a shame if they prepared a joint return and electronically signed it with out your permission.

 

Anyway, if a tax return was done by a tax service and it was a joint return- they should also be able to give you a copy of it. They may charge you for a reprint of it- where the IRS does not charge for transcripts- however if you complain that you did not give permission for your signature electronically on it- they may give you a copy to satisfy you and possibly prevent you from complaining. (it might also get back to him that you obtained a copy from them which would likely cause an issue. If you get one directly from the IRS he would have no idea unless he finds it in your possession)

 

If there are issues with the taxes and money being owed- there is a variety of forms you can fill out with the IRS under the heading of injured spouse relief. Its something you may have to explore- again it can be done on your own or you can hire a tax professional to help you if needed.  

--

 

 

[Babsido 0]

There hasn't been an instance where he needed my ss #

He does his taxes with a private company that he pays to do his taxes for him. I will ask for the copy.

 

Thanks again.

 

Also, I have set up an infopass appointment for next week. Thanks for all your help

 

 

[Babsido 0]

Info pass didn't work out. Something about my zip code and my receipt number. I was sent back home to cancel and apply for another info pass. My Next infopass appointment is next week

@chicago1987

[Dublindave 52]

On 17/3/2017 at 11:43 AM, Babsido said:

There hasn't been an instance where he needed my ss #

He does his taxes with a private company that he pays to do his taxes for him. I will ask for the copy.

 

Thanks again.

 

Also, I have set up an infopass appointment for next week. Thanks for all your help

 

 

If he married filed jointly using ur social number you can log on create an IRS account and view the transcript for 2016. I just did it. 

[Babsido 0]

2 minutes ago, Dublindave said:

If he married filed jointly using ur social number you can log on create an IRS account and view the transcript for 2016. I just did it. 

Thanks, I'm on it!