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

Hello guys ..i have another question regarding I-864 ..I got married on dec/24/2011 but i filled single for the year 2011.. i thought i should file single because my wife is not a U.S resident and she does not have a SSN# . would this be a problem for the AFFIDAVIT OF SUPPORT ?

Posted

If you were married as of Dec 31 2011, you should have filed as either MFS (Married Filing Separately) or MFJ (Married Filing Jointly).

I don't know if this will be a problem for NVC or the Embassy - but you can always file an amended return (MFS) or look into your options for getting her an ITIN (and filing MFJ). Besides knowing you did it correctly for your filing status, you'll probably also get some extra $ back. The difference between my wife and I filing MFS and MFJ was an additional $1500 refunded (MFJ with her ITIN).

Filed: Other Country: China
Timeline
Posted

If you were married as of Dec 31 2011, you should have filed as either MFS (Married Filing Separately) or MFJ (Married Filing Jointly).

I don't know if this will be a problem for NVC or the Embassy - but you can always file an amended return (MFS) or look into your options for getting her an ITIN (and filing MFJ). Besides knowing you did it correctly for your filing status, you'll probably also get some extra $ back. The difference between my wife and I filing MFS and MFJ was an additional $1500 refunded (MFJ with her ITIN).

Correct, not a problem for the affidavit of support or for the interview but you'll probably want to file an amended return once your spouse is here and has a social security number.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

This happened with us as well. We will have to file an amended return as soon as I have a SSN. We still have our interview on November 30.

Service Center : California Service Center (CSC)

Marriage: 2011-12-29 in Salt Lake City, UT - USA

2012-07-18: I-130 Sent

2012-07-25: USCIS Received

2012-07-26: I-130 NOA1

2012-08-06: I-130 Approved (11 days)

2012-08-23: NVC Received (17 days)

2012-08-25: Return Completed DS-3032

2012-09-04: Received DS-3032 / I-864 Bill

2012-09-04: Pay I-864 Bill

2012-09-06: Receive I-864 Package

2012-09-06: Received IV Bill

2012-09-07: Pay IV Bill

2012-09-12: Return Completed I-864

2012-09-12: IV Packet Sent

2012-09-20: AOS RFE

2012-09-22: AOS RFE Sent (from US - scanned)

2012-09-24: AOS RFE Sent (from BR - originals)

2012-09-24: IV Accepted

2012-10-04: AOS RFE (to be presented at interview)

2012-10-04: Case Completed at NVC(42 Days)

2012-10-12: Received Instruction Package

2012-11-30: Interview Date

2012-11-30: Interview Result: APPROVED

2012-12-04: Visa Received

2012-12-12: US Entry

2012-12-22: SSN Received

2013-01-02: Greencard Received

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

If you were married as of Dec 31 2011, you should have filed as either MFS (Married Filing Separately) or MFJ (Married Filing Jointly).

I don't know if this will be a problem for NVC or the Embassy - but you can always file an amended return (MFS) or look into your options for getting her an ITIN (and filing MFJ). Besides knowing you did it correctly for your filing status, you'll probably also get some extra $ back. The difference between my wife and I filing MFS and MFJ was an additional $1500 refunded (MFJ with her ITIN).

yea but i heard some embassies will not take amended tax returns is this correct ?.. also if i would do an amended, should i do it now or later when she is here in the states ?

how hard is it to get ITIN# for her ? would it affect our case any how or at any stage ? and how long did it take you to get her one ? i was just looking at that a while ago . thank you .

Correct, not a problem for the affidavit of support or for the interview but you'll probably want to file an amended return once your spouse is here and has a social security number.

thanks man .

This happened with us as well. We will have to file an amended return as soon as I have a SSN. We still have our interview on November 30.

good luck in your interview .

Posted

yea but i heard some embassies will not take amended tax returns is this correct ?.. also if i would do an amended, should i do it now or later when she is here in the states ?

how hard is it to get ITIN# for her ? would it affect our case any how or at any stage ? and how long did it take you to get her one ? i was just looking at that a while ago . thank you .

As mentioned above - your tax situation isn't likely an issue for your interview - so don't stress it.

If you're set on amending your return now, you could always send your IRS "Account Transcript" and not your "Return Transcript" with your I-864 - since the former includes any adjustments made since originally filing. I had to make an adjustment to my return and this is what I did - approved without issue.

Getting an ITIN takes time and there are a number of things you'd need to collect to get one. Lots of threads here have more info about the process. I filed for my wife's ITIN at the same time I filed my annual return and it took about 6 weeks to get it. YMMV. I'd probably wait and file an amended return once your wife has her SSN - it's one less thing to mess with.

Filed: Other Country: China
Timeline
Posted

As mentioned above - your tax situation isn't likely an issue for your interview - so don't stress it.

If you're set on amending your return now, you could always send your IRS "Account Transcript" and not your "Return Transcript" with your I-864 - since the former includes any adjustments made since originally filing. I had to make an adjustment to my return and this is what I did - approved without issue.

Getting an ITIN takes time and there are a number of things you'd need to collect to get one. Lots of threads here have more info about the process. I filed for my wife's ITIN at the same time I filed my annual return and it took about 6 weeks to get it. YMMV. I'd probably wait and file an amended return once your wife has her SSN - it's one less thing to mess with.

An "account transcript" is not an acceptable substitute for a complete tax return. It's complete tax return or tax return transcript. No need to amend the return now. You can amend it when she's here and has a SSN.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

An "account transcript" is not an acceptable substitute for a complete tax return. It's complete tax return or tax return transcript. No need to amend the return now. You can amend it when she's here and has a SSN.

Thanks for pointing that out. To clarify, I meant you could include your "Account Transcript" with your complete amended return (all forms and attachments) - showing that you did indeed actually file the amended return and the IRS processed it.

 
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