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Tax Return "Married Filing Separate"

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Hello fellow Visa Journeyers!

My Green Card is about to expire soon and I am starting to gather documents to submit for my Removal of Conditions. I will include copies of tax returns.

My questions are:

1) Do I need to submit my husband's (US citizen) tax return together with mine?

2) Is it just a copy of the W-2 Form they need?

3) Should I be worried if I filed as "Married filing Separate". I have started filing for taxes since 2013, so I have that year and 2014.

I filed both years as "Married Filing Separate" and did not claim our daughter.

Also on my W-2, I noticed that under my social security number; on taxable marital statues, it says: SINGLE. Although my company did put my Marriage name / last name.

I hope this does not affect us in a bad way. Our Marriage is legitimate and we are happily living together since he petitioned both me and our daughter.

Thanks in advance for your replies.

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Hello,

You would want to order tax transcripts from the IRS website www.irs.gov. I read somewhere that you can no longer print them directly online and would have to request them to be mailed to you. So I suggest getting on that asap. If you have the IRS transcripts (for both you and your spouse since you filed separately), then you do not need W2s. I won't even dare send W2s that show single status. So the transcripts would be the best way to go for you anyway.

Good luck!!!

Hello fellow Visa Journeyers!

My Green Card is about to expire soon and I am starting to gather documents to submit for my Removal of Conditions. I will include copies of tax returns.

My questions are:

1) Do I need to submit my husband's (US citizen) tax return together with mine?

2) Is it just a copy of the W-2 Form they need?

3) Should I be worried if I filed as "Married filing Separate". I have started filing for taxes since 2013, so I have that year and 2014.

I filed both years as "Married Filing Separate" and did not claim our daughter.

Also on my W-2, I noticed that under my social security number; on taxable marital statues, it says: SINGLE. Although my company did put my Marriage name / last name.

I hope this does not affect us in a bad way. Our Marriage is legitimate and we are happily living together since he petitioned both me and our daughter.

Thanks in advance for your replies.

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Hello fellow Visa Journeyers!

My Green Card is about to expire soon and I am starting to gather documents to submit for my Removal of Conditions. I will include copies of tax returns.

My questions are:

1) Do I need to submit my husband's (US citizen) tax return together with mine?

2) Is it just a copy of the W-2 Form they need?

3) Should I be worried if I filed as "Married filing Separate". I have started filing for taxes since 2013, so I have that year and 2014.

I filed both years as "Married Filing Separate" and did not claim our daughter.

Also on my W-2, I noticed that under my social security number; on taxable marital statues, it says: SINGLE. Although my company did put my Marriage name / last name.

I hope this does not affect us in a bad way. Our Marriage is legitimate and we are happily living together since he petitioned both me and our daughter.

Thanks in advance for your replies.

Joint returns would have been better.

Your W2 says single because your W4 is telling the company to tax your pay for single person percentage vs married or married with exemptions. Basically you are paying more taxes than is necessary but you may be getting a refund when you do your taxes as well. You'd likely get a better one by filing jointly though and you guys can amend them if you want.

I also suggest tax transcripts. You can get them online, by calling, or any IRS office.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Yes, a Form W-2 doesn't constitute your actual marital status, it indicates your withholding level. So single would be an appropriate withholding level since you pay more tax on your tax return. Your filing status is appropriate; it's not single or head of household. Your tax return is where you actually report your tax; so you should be in a good position. You are not violating tax law from what you posted. Take care!


K-1 fiance visa journey

 

July 22, 2014 - First connection through website ** March 4, 2015 - First meeting in person in a third country (first visa stress!) ** March 18, 2015 - Sent Form I-129F ** March 19, 2015 - Received by Dallas Lockbox at 8:09 AM CST ** March 24, 2015 - Received USCIS receipt confirmation text and e-mail at 9:04 PM CST - NOA1 ** April 7, 2015 - Received USCIS approval confirmation text and e-mail at 9:30 PM CST - NOA2 ** April 24, 2015 - Called NVC and confirmed receipt ** April 25, 2015 - CEAC.GOV reflecting embassy number as 'In NVC' ** April 29, 2015 - CEAC.GOV reflecting embassy number as 'In Transit' ** May 5, 2015 - Petition arrived at embassy - 'Ready' status ** June 14, 2015 - Received Packet 3 and 4 (Interview and document list combined) ** June 29, 2015 - Medical exam ** July 7, 2015 - Embassy interview!!...then...CEAC.GOV reflecting embassy number as 'Administrative Processing' ** August 4, 2015 - Received call from US Embassy to drop off his passport!! ** September 3, 2015 - CEAC.GOV reflecting embassy number as 'Ready' and Nonimmigrant!!!!!!! TOMORROW!.....no...still waiting... ** October 13, 2015 - CEAC.GOV reflecting 'Administrative Processing' ** October 15, 2015 - CEAC.GOV now says 'Issued' !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

November 10, 2015 - Dallas POE! He's here

November 16, 2015 - Our marriage :)

Adjustment of Status journey ~ ROC Date December 21, 2017 ~

 

December 9, 2015 - Mailed AOS package (Day 0) ** December 10, 2015 - Received by Chicago Lockbox at 1:06 PM CST (Day 1) ** December 14, 2015 - Initiated county name change petition ** December 22, 2015 - Received USCIS receipt confirmation text and e-mail at 11:34 PM CST - NOA (Day 13) ** January 4, 2016 - Additional information delivered to NBC at 10:10 AM CST (Day 26) ** January 11, 2016 - Fingerprint fee accepted for Form I-485 (Day 33) ** January 19, 2016 - Received Selective Service registration card ** January 20, 2016 - Service request initiated and completed for biometric appointment (Day 42) ** January 23, 2016 - Received biometric letter dated January 16, 2016 (Day 45) ** February 5, 2016 - Biometric appointment (Day 58) ** February 19, 2016 - Request for Initial Evidence for EAD/AP (Day 72) ** February 25, 2016 - Received RFIE (Day 78) ** February 26, 2016 - Mailed response to RFIE (Day 79) ** February 29, 2016 - Response to RFE delivered to NBC at 11:06 AM CST (Day 82) ** March 3, 2016 - EAD status update to RFE response received March 1, 2016 (Day 85) ** March 4, 2016 - EAD/AP approved/card being produced (Day 86) ** March 9, 2016 - EAD/AP card mailed (Day 91) ** March 12, 2016 - EAD/AP received (Day 94) ** March 21, 2016 - GC approved/card being produced (Day 103) ** March 24, 2016 - GC mailed and name change completed (should have been February 4, 2016...) (Day 106) ** March 26, 2016 - Conditional GC received (Day 108)

Removal of Conditions journey ~ USC Date December 21, 2018 ~

Spoiler

December 21, 2017 - Mailed ROC package (Day 0) ** December 26, 2017 - Received by Laguna Niguel Lockbox  at 12:40 PM CST (Day 1) ** January 2, 2018 Check cashed (Day 7) ** January 6, 2018 Received NOA1 dated December 26, 2017 (Day 11) ** February 13, 2018 - Service request initiated for biometric appointment (Day 49) ** February 23, 2018 - Received service request letter response dated January 19, 2018 instructing us to wait (Day 59) ** March 5, 2018 - Case Received at Local Office (Day 69) ** June 15, 2018 - Case Transferred to Another Office (Day 171) ** June 18, 2018 - Case Transferred and New Office Has Jurisdiction (Day 174) ** August 24, 2018 - Rec'd extended NOA1 dated August 18, 2018 (Day 241) **

 

 

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If you filed separately, it would probably be good to explain why.

Most of the time, filing jointly involves paying less tax. Some people file separately because one spouse's refund may be subject to seizure for unpaid obligations like child support. There are a few uncommon situations where separate returns result in less tax (usually one person has very significant medical expenses).

If each spouse is in the same tax bracket and the brackets are fairly low it can be immaterial to file joint or separate, but usually the default is joint.

So I'd try to explain why. Even if the reason is being inexperienced and unsophisticated tax-wise.

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If you filed separately, it would probably be good to explain why.

Most of the time, filing jointly involves paying less tax. Some people file separately because one spouse's refund may be subject to seizure for unpaid obligations like child support. There are a few uncommon situations where separate returns result in less tax (usually one person has very significant medical expenses).

If each spouse is in the same tax bracket and the brackets are fairly low it can be immaterial to file joint or separate, but usually the default is joint.

So I'd try to explain why. Even if the reason is being inexperienced and unsophisticated tax-wise.

I don't know if that's so necessary. There are legitimate and legal reasons why someone would file as MFS. At the same time, you don't need to reveal why if the reason is less than 100% kosher - fifth amendment. If you think the above suggestion is a good idea, you may want to keep your explanation concise. You can offer as much information as you feel comfortable with. Just think about give enough to prevent RFE (or whatever they call it at your stage) without opening a can of worms. :content:


K-1 fiance visa journey

 

July 22, 2014 - First connection through website ** March 4, 2015 - First meeting in person in a third country (first visa stress!) ** March 18, 2015 - Sent Form I-129F ** March 19, 2015 - Received by Dallas Lockbox at 8:09 AM CST ** March 24, 2015 - Received USCIS receipt confirmation text and e-mail at 9:04 PM CST - NOA1 ** April 7, 2015 - Received USCIS approval confirmation text and e-mail at 9:30 PM CST - NOA2 ** April 24, 2015 - Called NVC and confirmed receipt ** April 25, 2015 - CEAC.GOV reflecting embassy number as 'In NVC' ** April 29, 2015 - CEAC.GOV reflecting embassy number as 'In Transit' ** May 5, 2015 - Petition arrived at embassy - 'Ready' status ** June 14, 2015 - Received Packet 3 and 4 (Interview and document list combined) ** June 29, 2015 - Medical exam ** July 7, 2015 - Embassy interview!!...then...CEAC.GOV reflecting embassy number as 'Administrative Processing' ** August 4, 2015 - Received call from US Embassy to drop off his passport!! ** September 3, 2015 - CEAC.GOV reflecting embassy number as 'Ready' and Nonimmigrant!!!!!!! TOMORROW!.....no...still waiting... ** October 13, 2015 - CEAC.GOV reflecting 'Administrative Processing' ** October 15, 2015 - CEAC.GOV now says 'Issued' !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

November 10, 2015 - Dallas POE! He's here

November 16, 2015 - Our marriage :)

Adjustment of Status journey ~ ROC Date December 21, 2017 ~

 

December 9, 2015 - Mailed AOS package (Day 0) ** December 10, 2015 - Received by Chicago Lockbox at 1:06 PM CST (Day 1) ** December 14, 2015 - Initiated county name change petition ** December 22, 2015 - Received USCIS receipt confirmation text and e-mail at 11:34 PM CST - NOA (Day 13) ** January 4, 2016 - Additional information delivered to NBC at 10:10 AM CST (Day 26) ** January 11, 2016 - Fingerprint fee accepted for Form I-485 (Day 33) ** January 19, 2016 - Received Selective Service registration card ** January 20, 2016 - Service request initiated and completed for biometric appointment (Day 42) ** January 23, 2016 - Received biometric letter dated January 16, 2016 (Day 45) ** February 5, 2016 - Biometric appointment (Day 58) ** February 19, 2016 - Request for Initial Evidence for EAD/AP (Day 72) ** February 25, 2016 - Received RFIE (Day 78) ** February 26, 2016 - Mailed response to RFIE (Day 79) ** February 29, 2016 - Response to RFE delivered to NBC at 11:06 AM CST (Day 82) ** March 3, 2016 - EAD status update to RFE response received March 1, 2016 (Day 85) ** March 4, 2016 - EAD/AP approved/card being produced (Day 86) ** March 9, 2016 - EAD/AP card mailed (Day 91) ** March 12, 2016 - EAD/AP received (Day 94) ** March 21, 2016 - GC approved/card being produced (Day 103) ** March 24, 2016 - GC mailed and name change completed (should have been February 4, 2016...) (Day 106) ** March 26, 2016 - Conditional GC received (Day 108)

Removal of Conditions journey ~ USC Date December 21, 2018 ~

Spoiler

December 21, 2017 - Mailed ROC package (Day 0) ** December 26, 2017 - Received by Laguna Niguel Lockbox  at 12:40 PM CST (Day 1) ** January 2, 2018 Check cashed (Day 7) ** January 6, 2018 Received NOA1 dated December 26, 2017 (Day 11) ** February 13, 2018 - Service request initiated for biometric appointment (Day 49) ** February 23, 2018 - Received service request letter response dated January 19, 2018 instructing us to wait (Day 59) ** March 5, 2018 - Case Received at Local Office (Day 69) ** June 15, 2018 - Case Transferred to Another Office (Day 171) ** June 18, 2018 - Case Transferred and New Office Has Jurisdiction (Day 174) ** August 24, 2018 - Rec'd extended NOA1 dated August 18, 2018 (Day 241) **

 

 

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I don't know if that's so necessary. There are legitimate and legal reasons why someone would file as MFS. At the same time, you don't need to reveal why if the reason is less than 100% kosher - fifth amendment. If you think the above suggestion is a good idea, you may want to keep your explanation concise. You can offer as much information as you feel comfortable with. Just think about give enough to prevent RFE (or whatever they call it at your stage) without opening a can of worms. :content:

I don't mean to start a spitting contest, but I disagree.

You can always LEGALLY file separately. However, it is rare for MFS to result in lower tax than MFJ, and common for MFJ to give lower tax. So MFS usually implies some unusual tax circumstances, or a lack of trust between the spouses.

If you don't want to MFJ because your spouse is earning illegal income, you don't have to, and no one can force you (spousal immunity) or your spouse (5th amendment) to give evidence that would incriminate the spouse. However, you still forfeit the right to put a reason on the record, so USCIS will inevitably say "MFS rather than MFJ with no valid explanation."

I really don't know how big a deal this is though. I've heard this issue isn't MFJ vs. MFS, but just that you filed as married.

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I don't mean to start a spitting contest, but I disagree.

I didn't intend for my last post to seem contentious to you; I apologize if it sounded that way. I actually agree with your last post, but I wanted to add more detail and a different perspective to your suggestion to explain why MFJ wasn't elected in the tax year.


K-1 fiance visa journey

 

July 22, 2014 - First connection through website ** March 4, 2015 - First meeting in person in a third country (first visa stress!) ** March 18, 2015 - Sent Form I-129F ** March 19, 2015 - Received by Dallas Lockbox at 8:09 AM CST ** March 24, 2015 - Received USCIS receipt confirmation text and e-mail at 9:04 PM CST - NOA1 ** April 7, 2015 - Received USCIS approval confirmation text and e-mail at 9:30 PM CST - NOA2 ** April 24, 2015 - Called NVC and confirmed receipt ** April 25, 2015 - CEAC.GOV reflecting embassy number as 'In NVC' ** April 29, 2015 - CEAC.GOV reflecting embassy number as 'In Transit' ** May 5, 2015 - Petition arrived at embassy - 'Ready' status ** June 14, 2015 - Received Packet 3 and 4 (Interview and document list combined) ** June 29, 2015 - Medical exam ** July 7, 2015 - Embassy interview!!...then...CEAC.GOV reflecting embassy number as 'Administrative Processing' ** August 4, 2015 - Received call from US Embassy to drop off his passport!! ** September 3, 2015 - CEAC.GOV reflecting embassy number as 'Ready' and Nonimmigrant!!!!!!! TOMORROW!.....no...still waiting... ** October 13, 2015 - CEAC.GOV reflecting 'Administrative Processing' ** October 15, 2015 - CEAC.GOV now says 'Issued' !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

November 10, 2015 - Dallas POE! He's here

November 16, 2015 - Our marriage :)

Adjustment of Status journey ~ ROC Date December 21, 2017 ~

 

December 9, 2015 - Mailed AOS package (Day 0) ** December 10, 2015 - Received by Chicago Lockbox at 1:06 PM CST (Day 1) ** December 14, 2015 - Initiated county name change petition ** December 22, 2015 - Received USCIS receipt confirmation text and e-mail at 11:34 PM CST - NOA (Day 13) ** January 4, 2016 - Additional information delivered to NBC at 10:10 AM CST (Day 26) ** January 11, 2016 - Fingerprint fee accepted for Form I-485 (Day 33) ** January 19, 2016 - Received Selective Service registration card ** January 20, 2016 - Service request initiated and completed for biometric appointment (Day 42) ** January 23, 2016 - Received biometric letter dated January 16, 2016 (Day 45) ** February 5, 2016 - Biometric appointment (Day 58) ** February 19, 2016 - Request for Initial Evidence for EAD/AP (Day 72) ** February 25, 2016 - Received RFIE (Day 78) ** February 26, 2016 - Mailed response to RFIE (Day 79) ** February 29, 2016 - Response to RFE delivered to NBC at 11:06 AM CST (Day 82) ** March 3, 2016 - EAD status update to RFE response received March 1, 2016 (Day 85) ** March 4, 2016 - EAD/AP approved/card being produced (Day 86) ** March 9, 2016 - EAD/AP card mailed (Day 91) ** March 12, 2016 - EAD/AP received (Day 94) ** March 21, 2016 - GC approved/card being produced (Day 103) ** March 24, 2016 - GC mailed and name change completed (should have been February 4, 2016...) (Day 106) ** March 26, 2016 - Conditional GC received (Day 108)

Removal of Conditions journey ~ USC Date December 21, 2018 ~

Spoiler

December 21, 2017 - Mailed ROC package (Day 0) ** December 26, 2017 - Received by Laguna Niguel Lockbox  at 12:40 PM CST (Day 1) ** January 2, 2018 Check cashed (Day 7) ** January 6, 2018 Received NOA1 dated December 26, 2017 (Day 11) ** February 13, 2018 - Service request initiated for biometric appointment (Day 49) ** February 23, 2018 - Received service request letter response dated January 19, 2018 instructing us to wait (Day 59) ** March 5, 2018 - Case Received at Local Office (Day 69) ** June 15, 2018 - Case Transferred to Another Office (Day 171) ** June 18, 2018 - Case Transferred and New Office Has Jurisdiction (Day 174) ** August 24, 2018 - Rec'd extended NOA1 dated August 18, 2018 (Day 241) **

 

 

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