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

I did the stupid thing and filed single because that is what I was told to do. I want to amend, but I'm running into a huge confusion. My husband is a mariner (crew member on a passenger ship) and tax laws are slightly different for them. He is a citizen of India and I of the US. I want to amend the return to MFS, but when it asks did my husband have any income in 2012, I'm at a loss. Yes, he had income, yes it was from a US sourced company, but as per his contract, he was responsible for filing taxes on his pay upon returning to his home country as per his country's laws and regulations.

He never resided in the US as he was on a seamen's visa C1/D....does not permit any time on US land aside from work purposes or a few free hours.

He doesn't have a SSN/ITIN and doesn't receive W-2s. India does not tax mariners, so there is no proof of the income being taxed, because legally it doesn't have to be.

So do I say he had income and will the amendment ask me for proof of it? Or do I say no he had no income since he is a NRA and has no tax obligation to the US since he was following the instructions of his US contract by only reporting the income in his home country?

I understand US citizen's have to report income from wherever they are in the world, but he is an NRA with no US visa status currently...he is in the process of IR1/CR1.

We don't care about the refund...we just want to get this done as quickly and efficiently as possible. I know I shouldn't have filed single, but i followed the advice of a professional...you rarely expect that to get you in trouble. I'm trying to correct it, but I don't know how to look at his income because of the unique situation as a mariner. Even a CPA for mariners recently advised me to file as single. I'm so lost.


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04/11/13 - NOA1 for I-130
12/10/13 - NOA2 for I-130
12/20/13 - Case Received by NVC
01/17/14 - Case # & invoice # assigned (called twice per week)
01/23/14 - DS-261 available & submitted
01/24/14 - AOS payment invoiced
01/28/14 - Paid AOS fee, status "in process"
01/30/14 - AOS Fee status "PAID"
01/31/14 - IV fee invoiced & paid, status "in process"
02/03/14 - AOS Package mailed via USPS w/tracking
02/04/14 - IV Fee status "PAID", DS-260 available.
02/05/14 - DS-260 submitted, IV Package mailed via DHL w/tracking
02/06/14 - USPS tracking confirms AOS package arrived @NVC
02/07/14 - DHL tracking confirms IV package arrived @NVC
02/07/14 - AOS package entered into system
02/10/14 - IV package entered into system
03/04/14 - Checklist received for joint sponsor's I-864 (requesting 2013 tax transcripts)
03/06/14 - Mailed Response to AOS checklist
03/06/14 - Received IV Package FALSE checklist
03/10/14 - USPS tracking confirms AOS checklist response arrived @NVC
03/13/14 - AOS checklist response entered into system
03/28/14 - CASE COMPLETE with checklist for corrected joint sponsor I-864 to be carried to interview.
04/02/14 - Interview Date assigned, May 13, Mumbai!
04/13/14 - Interview complete...221g given requesting I-864a from co-sponsor's spouse
04/16/14 - FedExed I-864a and evidences to Mumbai.

Filed: Citizen (pnd) Country: China
Timeline
Posted

Post split from old thread.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

July 23, 2025:  Filed N-400 online

 

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

Usually when your husband or wife resides abroad and they make under ~$10,000 USD, they are excluded from taxes due to the foreign income exclusion. However I do not know if this would apply to your situation as it seems that your husband was paid by a US employer?
Here is the link from the IRS regarding Foreign Income Exclusion http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion
Read it over and see if it applies to your situation.

Since your husband does not have a SSN, he will need a Taxpayer Idenfication Number (TIN). More information can be found here http://www.irs.gov/Individuals/International-Taxpayers/Taxpayer-Identification-Numbers-(TIN)

Edited by AKSinghSingh79

I am the petitioner.


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

I filed married jointly last year and it was very easy. I just estimated my husband's annual income earned in India and I was not asked to provide evidence. Since the income was far below $10,000, he was eligible for the Foreign Income Exclusion.

I completed it through TurboTax.

I am the petitioner.


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Posted

Or you can file the taxes MFS without his information and write NRA in the SSN spot, print them off and mail them. This cannot be done electronically but he doesn't need an SSN or ITIN so you can file MFS, only for MFJ.

BTW the IRS is even confused about this and told my husband last year to apply for an extension as I didn't have an SSN or ITIN but they told him to NOT file as single. I kept telling him over the phone how to do it but he ignored me as he didn't want to print it out and mail it off (the man HATES sending mail... dunno why wacko.pnglaughing.gif .)

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

 
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