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TAX Question Please Advise

By RumbaBumba in IR-1 / CR-1 Spouse Visa Process & Procedures

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RumbaBumba Enthusiast

RumbaBumba   4

Posted
Filed: IR-1/CR-1 Visa Country: Cuba
 Timeline
Posted

Hello Everyone,

I've yet to see this question on the forum.

Can the applicant claim their status as Married while the beneficiary (spouse) is still in the Cr-1 Visa application process? Or is it fraud?

Event Date

Service Center : California Service Center

Consulate : Switzerland

Marriage (if applicable): 2009-07-28

I-130 Sent : 2010-08-07

I-130 NOA1 : 2010-08-10

LotofPatience Veteran

LotofPatience   65

Posted
Filed: IR-5 Country: India
 Timeline
Posted

Hello Everyone,

I've yet to see this question on the forum.

Can the applicant claim their status as Married while the beneficiary (spouse) is still in the Cr-1 Visa application process? Or is it fraud?

Of course. If your status is married by the end of Dec 31, you can opt for 'Married Filing Jointly' or 'Married Filing Separately' for that fiscal IRS year. Physical presence of the spouse in the U.S is NOT needed.

MFJ is better for 'fat refund' and another evidence of 'bonafide' marriage in the IRS tax transcript.

Loto

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

RumbaBumba Enthusiast

RumbaBumba   4

Posted
Filed: IR-1/CR-1 Visa Country: Cuba
 Timeline
  • Author
Posted

Hey Loto,

Given that I will have to take a leave of absence before i go to Cuba, I need to get my finances straight.

Married Filing Seperately? I need to plan all my monthly payments while I am away. :) I am lost as to where to start. I didnt know she didnt have to be a US Citizen for me to claim myself married. Do you have a source guide or information where I can get started without askign a million questions on this Wonderful, Useful Board. :)?

Event Date

Service Center : California Service Center

Consulate : Switzerland

Marriage (if applicable): 2009-07-28

I-130 Sent : 2010-08-07

I-130 NOA1 : 2010-08-10

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted (edited)

absolutely !!!! can do MFJ, but if first time, ever, for you two -

then be prepared to submit IRS form W-7 along with any 1040 or 1040X return, all paper-filed (no electronic anything) to the special W-7 address in Austin, TX .

the 'sad' part, is that anyone with an ITIN isn't counted for 'stimulus monies' for prior years, but

if you wish to wait until AFTER she's IN the USA, with SSN in hand, can then file a new 1040X, get some more $$$$ from our Uncle.

I suggest you prep two or three versions 'just for fun' - see which 'method' (ITIN vs SSN) gets you two more monies on income tax refund, then make yer decision on 'what to do', later.

many people 'do this' to show bonafide relationship evidence, and in the same breath, refile yet another 1040X once the SSN is in hand (so that's 2 to 3 tax returns for the same year - one original, one amended to get ITIN with MFJ status, then another amended after in USA with SSN) .

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

LotofPatience Veteran

LotofPatience   65

Posted
Filed: IR-5 Country: India
 Timeline
Posted (edited)

Hey Loto,

Given that I will have to take a leave of absence before i go to Cuba, I need to get my finances straight.

Married Filing Seperately? I need to plan all my monthly payments while I am away. :) I am lost as to where to start. I didnt know she didnt have to be a US Citizen for me to claim myself married. Do you have a source guide or information where I can get started without askign a million questions on this Wonderful, Useful Board. :)?

Rumba,

You can file married filing jointly this year by filling W-7 with it to get her ITIN (Individual Tax Identification Number) along with her passport copy and all.

For W-7: http://www.irs.gov/pub/irs-pdf/fw7.pdf

For your satisfaction, fill out this IRS questionnaire and see: http://www.irs.gov/i...=219892,00.html

If your wife works in Cuba, you need to show her "foreign income" also when you do MFJ.

Loto

Edited by LotOfPatience

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

 
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