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Wife Filed tax 2011 as Single, is there impact on Visa issuance

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Rujby Proficient

Rujby   23

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Filed: Lift. Cond. (apr) Country: Haiti
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People I have read all that u guys said, amend or not?

Married---07/30/2011

USCIS Stage

11/07/2011-----I-130 Sent

11/10/2011---- NOA1 email received

11/14/2011---- Touched

1/4/2012 ------ RFE ( Request for Evidence ) email received

1/13/2012------ RFE document mailed to USCIS

1/25/2012------ NOA2 APPROVED ( Yahoooooooo )

NVC Stage

1/31/2012-------Case received at NVC

2/08/2012------- Case number received, IIN, both petitionner and benificiary email given

2/08/2012------- DS 3032 ( choice of agent ) emailed to NVC

2/10/2012------- AOS fee bill paid ( status: in progress)

2/13/2012--------DS 3032 accepted

2/14/2012-------- AOS fee bill shows " PAID" and IV fee bill invoiced

2/16/2012-------- IV fee bill shows " PAID"

2/17/2012-------- IV package sent via USPS

2/24/2012-------- IV package reviewed and accepted

3/27/2012-------- AOS checklist express mailed via USPS

3/28/2012-------- AOS Checklist received by NVC

3/30/2012-------- Case Complete ( Thank you Lord )

Medical / Consulate / POE

5/11/2012-------- Medical Exam

6/12/2012-------- Interview date / APPROVED

6/21/2012 -------- POE Newark, NJ

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VanessaTony
VanessaTony

Yes it's a problem. She is married NOT single. She must file "married filing separately" or "married filing joint". Separately would be better if she isn't in the US. She can file for head of househol

Gary and Alla
Gary and Alla

This is what happens when you ask Tax people about immigration issues. You CAN file married and you do NOT need an SSN to do it. BUT you cannot file electronically this way, you have to file a paper

pushbrk
pushbrk

Filing as Single and then later amending the return once the spouse arrives and has an SS# is a common, though technically improper practice in circumstances like yours. It's what I and many of us di

VisaJourney2011 Rising Star

VisaJourney2011   14

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

People I have read all that u guys said, amend or not?

I'm going to file an Amend today. I got it started yesterday.

I don't want to take any chance and also i'm at NVC yet so i think i've some time. also i filed single last week, so only 1 week has gone by.

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Shenzhen Community Regular

Shenzhen   34

Posted
Filed: K-3 Visa Country: China
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Posted (edited)

Greetings,

My wife filed her tax of 2011 as single. She was advised to do so by the local office. The guy give as reason: your husband is not yet in the US. Will that cause a problem people?

Thank you in advance for your opinions

Just file an amended return when you get here there are no consequences. She will need the last 3 years of tax returns which includes 2011. Trying to file late and waiting until you get here is quick way to a blue slip. Without a 2011 tax return for the USC you will not get a visa.

Edited by Shenzhen
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hindustani24 Enthusiast

hindustani24   7

Posted
Filed: Lift. Cond. (pnd) Country: India
 Timeline
Posted

Filing as single is common because it involve less paper work for the tax preparer and also for someone who is doing their own taxes. However, I was on the same boat last year and filing for ITIN (W7) was so easy that I wonder why do it any other way (I got around $5600 return because of that, instead of paying IRS couple hundred bucks had I filed single).

In my opinion filing as a single would not negatively impact the visa case because I never heard anyone denied just because of that. People in the embassy knows that this is common route people that because they don't want to do the paperwork to file for W7/ their tax preparer does not know any better.

All in all it could help your case if you file as a married/joint but I can't see it being negatively affecting the case if you do single. In my opinion, if you have already filed as a single then no need to amend it right away, wait till your spouse is in US.

I am almost out of TSC blackhole.

Marriage : 2010-06-27

I-130 NOA1 : 2010-07-14

Transferred to Blackhole : 2010-11-02

NOA2 : Feb 15, 2011

NVC:

2/25/11 - received case number, IIN, and gave e-mail IDs.

2/25/11 - Send DS-3032 E-mail

2/28/11 - I-864 (AOS) bill invoiced and paid

3/01/11 - AOS payment status "PAID"

3/02/11 - DS-3032 : Email accepted

3/04/11 - IV bill invoiced (e-mail at 2:30 AM) and paid

3/07/11 - IV payment status "PAID"

3/08/11 - AOS and IV packet sent

3/22/11 - AOS in the system and reviewed that triggered false RFE for IV packet

3/28/11 - DS-230 in the system and SIF

3/29/11 - Case Completed at NVC

4/13/11 - Interview date assigned

5/17/11 - Interview- Approved

5/18/11 - Passport & Visa Picked up from VFS Delhi

5/31/11 - POE (JFK)

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batista1880 Explorer

batista1880   3

Posted
Filed: IR-1/CR-1 Visa Country: Dominican Republic
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Posted

well been married for almost 4 years and my spouse lives in Dominican Republic every year when i file my taxes my preparer always tells me to file as Head of Household and also on my w2 i file married, so i really dont recommend anyone in process of an visa to file single there are other options..................Just make sure you go to the right tax preparer so this wont affect u in the long run.....

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July15 Enthusiast

July15   4

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

I'm going to file an Amend today. I got it started yesterday.

I don't want to take any chance and also i'm at NVC yet so i think i've some time. also i filed single last week, so only 1 week has gone by.

You can do an amend anytime after filing, just remember that an amend to be processed by IRS takes a few months (4-5). I did one in 2008 and it took for ever to get my return.

USCIS
July 15, 2011 - NOA 1, Jan 24, 2012 - NOA 2

NVC
Feb 8, 2012 - NVC # & Invoice ID # Received
Feb 8, 2012 - Emailed NVC DS-3032 ( choice of agent ) Accepted!
Feb 9, 2012 - AOS Fee Paid
Feb 10, 2012 - AOS bill shows Paid :-)
Feb 10, 2012 - IV bill Paid (In Process)
Feb 14, 2012 - IV bill shows In Process, Fee was withdrawn from Bank Account. So,is PAID :-)
Feb 14, 2012 - IV bill shows Paid.
Feb 17, 2012 - AOS and IV Packages Sent to NVC, same envelope :-)
Feb 21, 2012 - AOS and IV Packages RECEIVED by NVC
Feb 24, 2012 - AOS Accepted.
Feb 24, 2012 - IV RFE "Original Marriage Certificate" It was included. Waiting for supervisor to review Marriage Certificate (10 - 15 days)
Mar 20, 2012 - RFE Sent
Mar 22, 2012 - CASE COMPLETE

Embassy ~ New Delhi
April 10, 2012 - Received Email, Interview Date: May 9th! Yeeey!
April 16, 2012 - Medical Exam
May 09, 2012 - INTERVIEW = AP
Jul 03, 2012 - Called DoS AP OVER, VFS's website says passport was handed over to Blue Dart, Waiting for delivery :-)

Jul 06, 2012 - VISA IN HAND (Visa was issued on July 2nd)

POE
Jul 17, 2012 - SAN DIEGO

July 28, 2012 - Welcome Letter Received
July 31, 2012 - Green Card Received
Aug. 01, 2012 - Applied for SSN
Aug. 07, 2012 - Received SSN Card :-) yeeeeeeey! Time to look for a job!

ROC I-751

May 08, 2014 - Sent I-751 to CSC

May 14, 2014 - NOA Received (Dated: 5/09/2014)

May 14, 2014 - Check Cashed

June 12, 2014 - Biometrics Appt.

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July15 Enthusiast

July15   4

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

People I have read all that u guys said, amend or not?

Rujby, I don't think it will cause a problem for you, because you and your wife are having a baby. It could be for others that do not have that "tie". I say do file an amendment. It will take looong to get her return, but at least you can prove that her intention was not to file as single but that's what she was told.

USCIS
July 15, 2011 - NOA 1, Jan 24, 2012 - NOA 2

NVC
Feb 8, 2012 - NVC # & Invoice ID # Received
Feb 8, 2012 - Emailed NVC DS-3032 ( choice of agent ) Accepted!
Feb 9, 2012 - AOS Fee Paid
Feb 10, 2012 - AOS bill shows Paid :-)
Feb 10, 2012 - IV bill Paid (In Process)
Feb 14, 2012 - IV bill shows In Process, Fee was withdrawn from Bank Account. So,is PAID :-)
Feb 14, 2012 - IV bill shows Paid.
Feb 17, 2012 - AOS and IV Packages Sent to NVC, same envelope :-)
Feb 21, 2012 - AOS and IV Packages RECEIVED by NVC
Feb 24, 2012 - AOS Accepted.
Feb 24, 2012 - IV RFE "Original Marriage Certificate" It was included. Waiting for supervisor to review Marriage Certificate (10 - 15 days)
Mar 20, 2012 - RFE Sent
Mar 22, 2012 - CASE COMPLETE

Embassy ~ New Delhi
April 10, 2012 - Received Email, Interview Date: May 9th! Yeeey!
April 16, 2012 - Medical Exam
May 09, 2012 - INTERVIEW = AP
Jul 03, 2012 - Called DoS AP OVER, VFS's website says passport was handed over to Blue Dart, Waiting for delivery :-)

Jul 06, 2012 - VISA IN HAND (Visa was issued on July 2nd)

POE
Jul 17, 2012 - SAN DIEGO

July 28, 2012 - Welcome Letter Received
July 31, 2012 - Green Card Received
Aug. 01, 2012 - Applied for SSN
Aug. 07, 2012 - Received SSN Card :-) yeeeeeeey! Time to look for a job!

ROC I-751

May 08, 2014 - Sent I-751 to CSC

May 14, 2014 - NOA Received (Dated: 5/09/2014)

May 14, 2014 - Check Cashed

June 12, 2014 - Biometrics Appt.

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barath20 Contributor

barath20   1

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

Filing as single is common because it involve less paper work for the tax preparer and also for someone who is doing their own taxes. However, I was on the same boat last year and filing for ITIN (W7) was so easy that I wonder why do it any other way (I got around $5600 return because of that, instead of paying IRS couple hundred bucks had I filed single).

In my opinion filing as a single would not negatively impact the visa case because I never heard anyone denied just because of that. People in the embassy knows that this is common route people that because they don't want to do the paperwork to file for W7/ their tax preparer does not know any better.

All in all it could help your case if you file as a married/joint but I can't see it being negatively affecting the case if you do single. In my opinion, if you have already filed as a single then no need to amend it right away, wait till your spouse is in US.

If you filing your Tax with your spouse ITIN then how you do with State Tax, what you tell them that you applied for ITIN? do you send same ITIN application with State return?

This is confusing to me, please help.

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VisaJourney2011 Rising Star

VisaJourney2011   14

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

You can do an amend anytime after filing, just remember that an amend to be processed by IRS takes a few months (4-5). I did one in 2008 and it took for ever to get my return.

I'm okay with late returns due to my Amend.

I just want to Submit the correct Tax transcript to NVC.

Correct Tax transcript would be the Amended one 1040x (married filing jointly) which i will submit to NVC.

Edited by VisaJourney2011
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barath20 Contributor

barath20   1

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

I'm okay with late returns due to my Amend.

I just want to Submit the correct Tax transcript to NVC.

Correct Tax transcript would be the Amended one 1040x (married filing jointly) which i will submit to NVC.

why married filing separately(if your spouse cant get ITIN) is not correct to submit to NVC?

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
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Posted

in the end - on interview day -

the impact can be gauged by the Visa Officer's comments.

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.

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
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Posted

Well i have never seen any debate about it before. There are hundreds of topics here. i Can not read them all and be aware of everything.

Try the 'advanced search' tool from a pc, sometime. it's swell !

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 !

 

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Kehinde Proficient

Kehinde   45

Posted
Filed: K-1 Visa Country: Gambia
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Posted

I filed as Head of household cos i was told that if he did not live in your house during the year and does not have a SS# then you cannot claim him on your taxes. And we have been married for 2 years, I even used my maiden name. (Until he gets here and get a SS#,) the government does not even know he exist.

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
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Posted

Rujby, I don't think it will cause a problem for you, because you and your wife are having a baby. It could be for others that do not have that "tie". I say do file an amendment. It will take looong to get her return, but at least you can prove that her intention was not to file as single but that's what she was told.

His WIFE is having a baby. There is no proof it is his. A child is NOT proof of relationship. It's proof the woman had sex (or in this day and age IVF) and that is all. There is a post where the woman is trying to file some immigration paperwork even though she's married and pregnant with another man's child (she had an affair).

If your advice would be that anyone without a child should amend then this person should amend. The foetus is not involved in the equation.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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July15 Enthusiast

July15   4

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

His WIFE is having a baby. There is no proof it is his. A child is NOT proof of relationship. It's proof the woman had sex (or in this day and age IVF) and that is all. There is a post where the woman is trying to file some immigration paperwork even though she's married and pregnant with another man's child (she had an affair).

If your advice would be that anyone without a child should amend then this person should amend. The foetus is not involved in the equation.

Ooops! Totally correct. I just said that because of what he's been posting. But yes, you are right.

USCIS
July 15, 2011 - NOA 1, Jan 24, 2012 - NOA 2

NVC
Feb 8, 2012 - NVC # & Invoice ID # Received
Feb 8, 2012 - Emailed NVC DS-3032 ( choice of agent ) Accepted!
Feb 9, 2012 - AOS Fee Paid
Feb 10, 2012 - AOS bill shows Paid :-)
Feb 10, 2012 - IV bill Paid (In Process)
Feb 14, 2012 - IV bill shows In Process, Fee was withdrawn from Bank Account. So,is PAID :-)
Feb 14, 2012 - IV bill shows Paid.
Feb 17, 2012 - AOS and IV Packages Sent to NVC, same envelope :-)
Feb 21, 2012 - AOS and IV Packages RECEIVED by NVC
Feb 24, 2012 - AOS Accepted.
Feb 24, 2012 - IV RFE "Original Marriage Certificate" It was included. Waiting for supervisor to review Marriage Certificate (10 - 15 days)
Mar 20, 2012 - RFE Sent
Mar 22, 2012 - CASE COMPLETE

Embassy ~ New Delhi
April 10, 2012 - Received Email, Interview Date: May 9th! Yeeey!
April 16, 2012 - Medical Exam
May 09, 2012 - INTERVIEW = AP
Jul 03, 2012 - Called DoS AP OVER, VFS's website says passport was handed over to Blue Dart, Waiting for delivery :-)

Jul 06, 2012 - VISA IN HAND (Visa was issued on July 2nd)

POE
Jul 17, 2012 - SAN DIEGO

July 28, 2012 - Welcome Letter Received
July 31, 2012 - Green Card Received
Aug. 01, 2012 - Applied for SSN
Aug. 07, 2012 - Received SSN Card :-) yeeeeeeey! Time to look for a job!

ROC I-751

May 08, 2014 - Sent I-751 to CSC

May 14, 2014 - NOA Received (Dated: 5/09/2014)

May 14, 2014 - Check Cashed

June 12, 2014 - Biometrics Appt.

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