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giftason80

RFE on tax transcript but wife filled single

By giftason80 in Adjustment of Status from Work, Student, & Tourist Visas

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giftason80 Apprentice

giftason80   1

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Filed: AOS (pnd) Country: United Kingdom
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i had no idea she filed single cuz since she said i wasn't working so she possibly went ahead filing her return......so i just saw it now after getting an rfe from the Big boys that she filled single so am about to reply to the rfe by sending the requested transcript so >>>>> is this in anyway gonna send a wrong signal to the officers like a fraud marriage or something cuz its probably wrapped around my head right that it could flag something...but we have been marriage for over a year now anybody got a clue??

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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
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Posted (edited)

Yes it's a problem, and yes your spouse should file a 1040X correcting the filing status. If someone is married on 31st December then they are considered married for that tax year, and must file either married filing jointly or married filing separately. The embassy / USCIS are going to ask about it if it's not corrected, and it will be considered a red flag.

Edited by Hypnos

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AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
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353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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giftason80 Apprentice

giftason80   1

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Filed: AOS (pnd) Country: United Kingdom
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same here and I am worried too but I just submitted it and I am praying no red flags and everything goes well

What exactly do you mean everything goes well.....you mean they didnt ask or bother you about any of that???.......whether red flag or not!.....how did yours go?

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Fatimahalzahra Contributor

Fatimahalzahra   5

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Filed: IR-1/CR-1 Visa Country: Egypt
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What exactly do you mean everything goes well.....you mean they didnt ask or bother you about any of that???.......whether red flag or not!.....how did yours go?

I mean I hope they don't see it as a red flag

I have not gotten an interview date yet so I don't know but I will let you know how it goes

I am actually thinking of amending it , and just sending my husband a copy to take with him to the interview

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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
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Why are you just thinking about it instead of having done it already?

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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_me Explorer

_me   4

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Filed: AOS (pnd) Timeline
Posted

My husband had files his taxes as single also. He could not claim me because of lack of SSN and could not get an ITIN either becuase my native id and passport had expired. I submitted the taxes filed as single and then when I got my social security we filed our 2013 taxes as married before the interview date. I wasn't questioned about it. I agree it might not be a USCIS issue but will later be an IRS issue. So you might want to amend them.

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

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JohnR! Grand Master

JohnR!   5,495

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Filed: Country: Monaco
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i had no idea she filed single cuz since she said i wasn't working so she possibly went ahead filing her return......so i just saw it now after getting an rfe from the Big boys that she filled single so am about to reply to the rfe by sending the requested transcript so >>>>> is this in anyway gonna send a wrong signal to the officers like a fraud marriage or something cuz its probably wrapped around my head right that it could flag something...but we have been marriage for over a year now anybody got a clue??

Have her amend her taxes to either MFS or MFJ, at once, so when you have to explain it to the USCIS you will have solved the problem.

Good luck!

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www.ffrf.org




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giftason80 Apprentice

giftason80   1

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Filed: AOS (pnd) Country: United Kingdom
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Thanks a bunch guys.......also is it cool and safe to send just 2013 tax return cuz we seem to have problem accessing the irs website to download for sequence year...2011 and 2012.....so is it safe to just 2013 ans also.......i really don't know what it looks like is it the form you fill to file your tax return or its another document sent from the irs???....THANKSSS

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