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Do I need to file tax return with my spouse who is still pending for approval?

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Filed: Timeline

I'm a permanent resident and petitioning for my wife to come to the US next year (She might be here in November 2017).


I went to my country and got married with her in May 2016.


Besides changing my marital status from Single to Married, do I need to put her name in my tax 2017 when I file it? Also, because she is not approved to come here yet, what information (SSN, green card number...) should I file for her?


Thank you.


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Filed: IR-2 Country: Philippines
Timeline

My husband didn't put my name but filed as Married jointly ang put NRA (Non Resident Alien) in the SSN part as instructed in the IRS website.

USCIS Process:
Sent I-130 (via USPS): April 28 2016
NOA1 hardcopy received: May 7, 2016
NOA2 approval text & email: July 6, 2016 (60 days from NOA1) :dancing:
Petition Recieved by NVC text & email: July 18, 2016

NVC Process:
Case number and IIN Assigned: August 3, 2016
Choice of Agent (DS-261) completed: August 3, 2016
AOS Fee Invoiced: August 4, 2016
Pay AOS Fee: August 4, 2016
AOS Fee appeared as PAID: August 5, 2016
IV Fee Invoiced: August 5, 2016
Pay IV Fee: August 10, 2016
IV Fee appeared as PAID: August 12, 2016
IV application (DS-260) completed: August 20, 2016
Sent AOS & IV packets (via Express Mail Singapore Post): September 23, 2016
Scan date: September 29,2016

3 NA in CEAC site: October 17, 2016 :dancing:
CC through phone: October 17, 2016
Confirmation of CC email received: October 24, 2016

Case "in transit": November 8,2016

Case "ready": November 17,2016

 

Interview Process:
Interview letter/P4 received via email: November 1, 2016

Medical (Singapore): November 11, 2016

Medical Sent to consulate: November 25, 2016

Interview Date: December 27, 2016

Interview Result: 221g for missing documents

Submit Documents: January 17, 2017

First Update: January 19, 2017

Submit Documents 2nd time : January 22, 2017 ( Approaching Chinese New Year )

Second Update : Feb 2, 2017

Ceac Status AP: until February 5, 2017

Ceac Status ISSUED: February 6, 2017

Visa ON HAND: February 7, 2017

POE: Philadelphia International Airport

US Entry: Feb 24, 2017

SS # received : Mar. 11, 2017

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Filed: Citizen (apr) Country: Vietnam
Timeline

Once she arrives and has her SSN worth looking into refilling an amended return if it benefits your situation.

ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

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Filed: K-1 Visa Country: Mexico
Timeline

If you want to file MFJ and receive the benefit of it, you would need to apply for an ITIN for her at the time you file the tax year 2016 return. If not and you only put NRA, the IRS will process the return without giving you the benefit of the spousal exemption and so forth.

You can also file MFS and then once she arrives and receives her SSN, file an amendment to MFJ. (Based on the projected timeline you gave, I'd probably go this route as it's much easier and less hassle.)

In either case, since you are married, you can only file MFJ or MFS (HOH is also an option if you meet the requirements). You can look up Head of Household on IRS.gov for more info on that filing status as it pertains to a nonresident alien spouse.

Maria

Maria ~ U.S. Citizen

 

K-1 & K-2 Process (Completed in 4 mos. 8 days)

 

1/19/16: I-129F Package recv'd by USCIS via FedEx overnight

4/1/16: NOA2 Approval :dancing:

5/17/16: Interview :star: - APPROVED :dance:

5/25/16 Visas in hand! :thumbs: 

8/5/16: Wedding (L)

AOS/EAD/AP Process, K-1 & K-2 (Completed in 4 mos. 15 days)

 

9/21/16: Package recv'd by USCIS via FedEx overnight [Day 1]

10/24/16: AOS Cases (I-864) RFIE recv'd hardcopy [Day 29]

12/23/16: AOS Case Status Updates - Interview Scheduled, text recv'd [Day 94] :dancing:

1/17/17: EAD/AP Combo Card recv'd via USPS Priority Mail [Day 119]

1/27/17: AOS Interview :star: - APPROVED!! :dance:  [Day 129 / 120 w/ 9day RFIE delay]

1/27/17: AOS Case status update - Approved | 1/31/17: New Card in Production | 2/1/17: Card Was Mailed

2/4/17: Green Cards Arrived :thumbs:

ROC Process, Spouse & 2 Step-Sons (Completed in 23 mos. 22 days)

 

1/25/19: Package recv'd by USCIS via FedEx overnight [Day 1]

1/29/19: NOA notice date, text & email recv'd, routed to CSC

2/1/19: NOA 18mo. Extension Letter arrived in the mail, for wife only [Day 7]

3/13/19: Filed SR for non-receipt of NOA for I-751A dependents [Day 48] | 3/21/19: Recv'd NOA for 2 stepsons [Day 56]

4/29/19: Biometrics (Scheduled) Appt Completed [Day 95]

8/28/20: Case Status Update - RFE [Day 582 ~ 19 mos. 4 days] | 11/20/20: Case Status Update - RFE response recv'd [Day 666 ~ 21 mos. 27 days]

1/7/21: Case Status Update - New Card in Production :dance: [Day 714 ~ 23 mos. 14 days] 

1/15/21: Green Cards Arrived :thumbs:[Day 722 ~ 23 mos. 22 days]

All done for now! :)

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Filed: K-3 Visa Country: Ghana
Timeline

I went to HR block they filed for ITIN numberband did the past three years for me amended. I am getting a big refund so this is worth the time and small expense to file

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