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income tax

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porcs Contributor

porcs   0

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Filed: IR-1/CR-1 Visa Country: Philippines
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hi VJ!i'm married to a USC since 2003 but he got his naturalization last dec 2011, now we are applying for I130 and k-3 visa. but ever since my husband filed his income tax he usually writes SINGLE as per advised by his accountant for the reason i do not live in US, i don't have an SSN and TIN. i'm just worried if this would be an issue during the interview or even when NVC requested for the income tax documents. if so, what can we do now? my NO1 is january 9, 2012. so i guess we have ample time to do something about it. i hope you can help me, any suggestions please...

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tan&tuyet Explorer

tan&tuyet   15

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Filed: IR-1/CR-1 Visa Country: Vietnam
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You been married to him since 2003 and you just now started the visa process? Anyways I think it was ok for him to file single because you didn't have a SSN. That is my thinking but not sure maybe someone with more knowledge of taxes can help. BTW good luck with this process just remember its a marathon not a sprint.

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porcs Contributor

porcs   0

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Filed: IR-1/CR-1 Visa Country: Philippines
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You been married to him since 2003 and you just now started the visa process? Anyways I think it was ok for him to file single because you didn't have a SSN. That is my thinking but not sure maybe someone with more knowledge of taxes can help. BTW good luck with this process just remember its a marathon not a sprint.

yes we waited until he became a us citizen before we applied for a spouse visa and unmarried child under 21. because we believed those who advised to us that it will take forever for a LPR to petition a wife. and he stayed for a while in the phil after we got married under a re-entry permit. well going back to my problem...i read here in VJ some members were able to put married in their income tax..tnx tan&tuyet for your reply much appreciated..

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Inky Grand Master

Inky   1,110

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Filed: Citizen (apr) Country: Canada
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You been married to him since 2003 and you just now started the visa process? Anyways I think it was ok for him to file single because you didn't have a SSN. That is my thinking but not sure maybe someone with more knowledge of taxes can help. BTW good luck with this process just remember its a marathon not a sprint.

WRONG.

He has to file married if he is married. There is no choice to file single when you are married.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Inky Grand Master

Inky   1,110

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Filed: Citizen (apr) Country: Canada
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Inky my accountant told me the same thing too she said she has to have a SSN first before I could file that I am married. She meaning my wife.

No the accountant is wrong you do not have to have an SSN. You file married separate or get an ITIN.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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ceadsearc Proficient

ceadsearc   516

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Filed: Lift. Cond. (apr) Country: Bolivia
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Married is married. Only in rare cases (like legally separated but not divorced) can someone file as single when married. Check the IRA website guidelines for more information.

The options are married filing separately, or file jointly with an ITIN.

He can take care of the mistake by filing amended returns for the improperly filed years with the 1040X.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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porcs Contributor

porcs   0

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

Married is married. Only in rare cases (like legally separated but not divorced) can someone file as single when married. Check the IRA website guidelines for more information.

The options are married filing separately, or file jointly with an ITIN.

He can take care of the mistake by filing amended returns for the improperly filed years with the 1040X.

anybody here got RFE, denied or AP because of the "single" issue on income tax documents?. i called my husband about this and i emailed all your comments and past discussions about this and he said he talked to his lawyer and the lawyer said it's ok to put single just attached a letter why he wrote single on the affidavit of support. i'm so confuse about this matter..anybody had an actual experience about this....thanks in advance.. im so grateful there is VJ, great help!

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ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

anybody here got RFE, denied or AP because of the "single" issue on income tax documents?. i called my husband about this and i emailed all your comments and past discussions about this and he said he talked to his lawyer and the lawyer said it's ok to put single just attached a letter why he wrote single on the affidavit of support. i'm so confuse about this matter..anybody had an actual experience about this....thanks in advance.. im so grateful there is VJ, great help!

I haven't seen any cases of anyone getting denied, but maybe someone else can confirm or deny that. USCIS is probably not going to deny based on an error in his tax returns if they were indeed filed. The issue is with IRS, they may audit and cause problems. The other issue is that it does not look 'good' in terms of proving a bonafide marriage to file as single, especially when that is not even really an option except when filing was done incorrectly.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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porcs Contributor

porcs   0

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

I haven't seen any cases of anyone getting denied, but maybe someone else can confirm or deny that. USCIS is probably not going to deny based on an error in his tax returns if they were indeed filed. The issue is with IRS, they may audit and cause problems. The other issue is that it does not look 'good' in terms of proving a bonafide marriage to file as single, especially when that is not even really an option except when filing was done incorrectly.

oh thank you ceadserc. i have to convince my husband to amend his incometax.

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