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Does it matter if I file for AOS right after we get married?

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Filed: H-1B Visa Country: China
Timeline

We are planning to get married on Jan 2nd and I hope to file for GC as soon as Jan 3rd, after we receive marriage certificate copy. In Houston, they say you can get the certified copy on the same day.

I wonder if this would be a red flag. The reason we are doing this is because we don't want to file this year, to avoid marriage penalty. Our marriage is pushed to 2017 so we can remain single in 2016 and enjoy lower tax rate.

Is this going to be an issue? Should we address this concern in the cover letter or something?

Thank you all! :dancing:

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This is a non-issue. Good luck! :)

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Filed: AOS (apr) Country: Philippines
Timeline

Nope should be no problem

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

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We are planning to get married on Jan 2nd and I hope to file for GC as soon as Jan 3rd, after we receive marriage certificate copy. In Houston, they say you can get the certified copy on the same day.

I wonder if this would be a red flag. The reason we are doing this is because we don't want to file this year, to avoid marriage penalty. Our marriage is pushed to 2017 so we can remain single in 2016 and enjoy lower tax rate.

Is this going to be an issue? Should we address this concern in the cover letter or something?

Thank you all! :dancing:

What am I missing.... Don't you get two exemptions if you file Married jointly

..? It's supposed to be the most advantageous...

I'm learning so pls tell me if I'm wrong :)

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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What am I missing.... Don't you get two exemptions if you file Married jointly

..? It's supposed to be the most advantageous...

I'm learning so pls tell me if I'm wrong :)

You'd have to chat to an accountant because it depends on your individual circumstances.

Filing married jointly isn't always as tax advantageous as filing married filing seperately. The OP can always file separately instead of jointly if they want to, so I wouldn't be surprised to find an accountant tell them they don't really need to wait to marry in 2017 if they didn't want to.

https://turbotax.intuit.com/tax-tools/tax-tips/Family/When-Married-Filing-Separately-Will-Save-You-Taxes/INF22492.html

Tax in America is really confusing compared to the tax systems we're used to in Europe. :) My best advice is to get an accountant, at least for the first couple of years until you understand the weirdness.

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Filed: H-1B Visa Country: China
Timeline

well, what I referred to is "marriage penalty". Basically, two people who make similar income are placed in a higher tax bracket than we file as single status individually. This does not apply for a couple with one person earns most income, though.

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well, what I referred to is "marriage penalty". Basically, two people who make similar income are placed in a higher tax bracket than we file as single status individually. This does not apply for a couple with one person earns most income, though.

I see...But this doesn't have to mean that what you save from being in a lower bracket is more than the extra exemptions? I'm not questioning your decision/calculation, just rly curious about these things.. :)

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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You'd have to chat to an accountant because it depends on your individual circumstances.

Filing married jointly isn't always as tax advantageous as filing married filing seperately. The OP can always file separately instead of jointly if they want to, so I wouldn't be surprised to find an accountant tell them they don't really need to wait to marry in 2017 if they didn't want to.

https://turbotax.intuit.com/tax-tools/tax-tips/Family/When-Married-Filing-Separately-Will-Save-You-Taxes/INF22492.html

Tax in America is really confusing compared to the tax systems we're used to in Europe. :) My best advice is to get an accountant, at least for the first couple of years until you understand the weirdness.

Hahaha :) yes I've noticed! I spent half a week researching and reading irs publications so far... I like to do things myself, very stubborn that way... ;)

Yes am aware of married filing separately... but it does strike me as rarely being more advantageous..

Also... first year of being in US (K1 here) I'm thinking my best option is to be treated as resident for the whole year... and us filing jointly and filing also for some foreign income tax credits.. but I'm still researching this...

It's a djungle for sure! 0.0

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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Filed: Citizen (apr) Country: Mexico
Timeline

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: Citizen (pnd) Country: Morocco
Timeline

We are planning to get married on Jan 2nd and I hope to file for GC as soon as Jan 3rd, after we receive marriage certificate copy. In Houston, they say you can get the certified copy on the same day.

I wonder if this would be a red flag. The reason we are doing this is because we don't want to file this year, to avoid marriage penalty. Our marriage is pushed to 2017 so we can remain single in 2016 and enjoy lower tax rate.

Is this going to be an issue? Should we address this concern in the cover letter or something?

Thank you all! :dancing:

In Houston, the marriage certificate has to be recorded at the Country Clerks office first, before you can obtain a certified copy.. This takes 7-10 days after they receive it from the person who marries you, as they have to sign it, then send it to the country for recording the event.

 

Formally Known as Paris Heart   A long, long time ago       france paris GIF

 

 

N-400  APPLIED FOR CITIZENSHIP:    Interview will be Houston Tx office.

Mailed:  11/13/2023

Delivered to USCIS Lock Box:  11/15/2023

Credit Card payment processed:  11-16-2023

Received Receipt #   via Text:  11-17-2023

I-797C Receipt received:  11-27-2023

Biometrics  will be reused per letter: 11-27-2023

 

 

 

 

 

FILED  AOS FROM AN EXPIRED VISITORS VISA:

 

Sent: 9/12/16: I-130 + I-485 + I-765 (USPS)

Delivered: Sept. 15th 2016 to Chicago Lock Box

Interview Feb  21st, 2018 for I-485

Interview  May 13th, 2019 for I-130 Stokes interview ( 2 minutes)

NOID issued May 17th 2019

June 5th,2019   USCIS received my response on the  NOID// Addressed the NOID myself, No lawyer ever used in case.

July 1st, 2019  10 YEAR GREEN CARD APPROVED

July 5th, 2019   Approval letters for I-130 & I-485 received in the USPS  mail.

July 11th 2019   Green Card in Hand

 

 

 

 

     happy tom and jerry GIF

 

 

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Filed: H-1B Visa Country: China
Timeline

They told me that i can get a certified copy on the same day. The real certificate comes in the mail after a couple weeks. But you don't use the real copy. I called them and asked them in person as well. Hopefully it is not too optimistic.

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