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Immigration
Adjustment of Status - I-485
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Request For Initial Evidence
Hi everyone,
I need some help/advice about a RFIE. But first, let me give you a bit of background.
I am a US citizen. My husband is a Venezuelan citizen.
My then fiancé came to the USA May 24, 2018 on a K1 Fiancé Visa.
We were married August 18, 2018.
We applied for I-765 (EAD) and I-485 (AOS) and they were received to NBC on Oct. 25.
Nov. 21 biometrics appointment.
March 1 RFIE for I-485.
The case status for the I-765 still states "Case Received."
The RFIE for the I-485 says:
"The petitioner/sponsor's household member on Form I-864 or Form I-864A must submit a complete Federal Income Tax return submitted to the Internal Revenue Service for the most recent tax year." There is also a handwritten note that says "Submit Form I-864 from a qualifying joint sponsor."
I am trying to complete my taxes, but I am not sure how to do it since my husband does not have a SSN or an ITIN. He is not working (since he does not yet have permission) and has no income. Am I correct that I cannot file as "single?" And is it true that my husband will need an ITIN so that I can file my taxes?
I am afraid that applying for an ITIN will just add several more weeks of waiting before being able to respond to the RFIE. Will I have to wait for my husband to receive the ITIN before I can respond to the RFIE?? From what I am seeing, that could be 7 weeks minimum.
My other question...is it okay for us to use a different joint sponsor than we used for the K1 visa? Or does it have to be the same one? The original joint sponsor was my father, but he is currently out of the country, so it will be difficult to get all of the required information from him.
This whole situation has become very difficult and stressful. It is hard for my husband not to be able to work or do anything, and relying on solely my income. We don't want to add any more waiting time to this than is necessary.
Any help/advice about the RFIE would be wonderful! Thank you in advance!
I need some help/advice about a RFIE. But first, let me give you a bit of background.
I am a US citizen. My husband is a Venezuelan citizen.
My then fiancé came to the USA May 24, 2018 on a K1 Fiancé Visa.
We were married August 18, 2018.
We applied for I-765 (EAD) and I-485 (AOS) and they were received to NBC on Oct. 25.
Nov. 21 biometrics appointment.
March 1 RFIE for I-485.
The case status for the I-765 still states "Case Received."
The RFIE for the I-485 says:
"The petitioner/sponsor's household member on Form I-864 or Form I-864A must submit a complete Federal Income Tax return submitted to the Internal Revenue Service for the most recent tax year." There is also a handwritten note that says "Submit Form I-864 from a qualifying joint sponsor."
I am trying to complete my taxes, but I am not sure how to do it since my husband does not have a SSN or an ITIN. He is not working (since he does not yet have permission) and has no income. Am I correct that I cannot file as "single?" And is it true that my husband will need an ITIN so that I can file my taxes?
I am afraid that applying for an ITIN will just add several more weeks of waiting before being able to respond to the RFIE. Will I have to wait for my husband to receive the ITIN before I can respond to the RFIE?? From what I am seeing, that could be 7 weeks minimum.
My other question...is it okay for us to use a different joint sponsor than we used for the K1 visa? Or does it have to be the same one? The original joint sponsor was my father, but he is currently out of the country, so it will be difficult to get all of the required information from him.
This whole situation has become very difficult and stressful. It is hard for my husband not to be able to work or do anything, and relying on solely my income. We don't want to add any more waiting time to this than is necessary.
Any help/advice about the RFIE would be wonderful! Thank you in advance!
All Replies (2)
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