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Rebecca 2014

I listed my status as "single" on my Federal Tax Returns while Married

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Filed: IR-1/CR-1 Visa Country: Romania
Timeline

Hi Everyone!

I have a question and hopefully someone can help me. I live overseas with my husband while we’re going through NVC visa process (I’m the petitioner for my husband’s visa). At the moment we are waiting for an interview date (Thank God we are almost over!).

Now I’m stressing over the taxes that I completed at the beginning of October. I chose to file as “single” because my husband does not have ssn, he is not a resident moreover I did not change my last name yet. From my understanding, I have to be in the Unites States to change my name. Unfortunately I haven’t been to Unites States in the last 1 year and a half because I wanted to return to U.S with my husband. We didn’t want to stay separated while waiting for his visa.

After I completed the taxes, a friend of mine told me that I wasn’t supposed to file as “single” and that I can get in trouble for doing so. I’m super scared now, thinking that we are going to face problems at the interview. I’ve made a mistake but What should I do now? I wanted to amend my taxes and file the 1040X form and change the filing status from “single” to “married filing separately”. Even so, it wouldn’t be correct as I will have to use my husband’s name. IRS will not be able to recognize my other name as we got married overseas. Can I use my old name and file as married? That does not make sense ….Should I amend my taxes after he is in the U.S and after I change my name on all my documents? Should I keep everything the way it is and explain the whole thing at the interview? I will be accompanying my husband to the interview.

I’m freaking out now…This process took so long already and I hope the embassy will not delay my husband’s visa or deny it. Can someone help me out with an advice please? I would greatly appreciate it!

:unsure:


CR1visa

· 10/31/2013 - Documents dropped to USCIS by FedEx

· 11/01/2013 - Documents received by USCIS (Chicago, Illinois)

· 11/05/2013 - USCIS Acceptance Confirmation Received in e-mail

· 11/16/2013 - Check was cashed

· 11 /14/2013 - NOA1 Received in mail

· 04/25/2014 - NOA2

· 05/01/2014 - Visa petition was sent to NVC

· 05/13/2014 - NVC Received Petition

· 06/16/2014 - AOS BILL

· 06/16/2014 – Submitted DS-261

· 06/20/2014 – AOS SENT

· 07/16/2014 – Received IV Bill

· 07/17/2014- Paid IV Bill

· 07/18/2014 – IV Package Sent

· 08/13/2014 – AOS Checklist Received in email

· 08/20/2014 – AOS Checklist sent to NVC

08/28/2014 - AOS Received

· 10/23/2014 – Case complete ( :oops: AOS contains some incorrect information.I-864 needs to be changed and taken to the interview.)

The original date for the interview was December the 10Th. We were able to change the date to November 18.

Interview Date : 2014-11-18 Interview Result : Approved

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Filed: IR-1/CR-1 Visa Country: Romania
Timeline

Send in a 1040x amended tax return now and make sure he has a copy of the amended tax return in case the IRS doesn't process it before the interview?


6/24/2014 - I-130 Shipped via UPS to Chicago

6/26/2014 - I-130 Received and signed for at USCIS

7/1/2014 - E-mail of acceptance with Receipt number - NoA 1 (Routed to California Service Center)

07/15/2014 - Change of Address via phone call with USCIS, confirmation via e-mail.

7/30/2014 - I-130 Approved at USCIS - NoA 2 E-mail

08/13/2014 - NVC Received Approved I-130 package from USCIS

08/21/2014 - Case Number and IIN created at NVC

08/25/2014 - Case Number and IIN received via phone call. DS-261 Available and completed online.

8/26/2014 - AoS Fee invoiced and paid online.

8/28/2014 - AoS Invoice status PAID

09/04/2014 - Expedite Request response - Must enter Beneficiary Date of Birth - Re-sent exact e-mail with requested info

09/10/2014 - Expedite Request e-mail received as "Under Review"

09/11/2014 - Expedite Request Approved - Confirmation via e-mail from U.S. Embassy in Bucharest, Romania

09/16/2014 - Embassy Received Case from NVC

09/16/2014 - Received E-mail from Embassy to Schedule our Interview and prepare documents

9/23/2014 - Medical Exam at Regina Maria - Results OK

10/01/2014 - Visa Approved!

10/03/2014 - Received Passport with Visa!

11/2/2104 - PoE Atlanta - Welcome to the US!

11/5/2014 - Paid $165 ELIS Fee

8/1/2016 - I-751 Packet sent in for Removal of Conditions!

8/15/2016 - Notice of Action 1 for I-751 - California Service Center

9/29/2016 - Received Biometrics Appointment

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Filed: Citizen (pnd) Country: Ireland
Timeline

I can't speak to as what you should do, but I can tell you that married people with different last names can file as "married" on the same return or you can also file as "married filing separately."


I-751

NOA8/11/17

 

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Filed: IR-1/CR-1 Visa Country: Romania
Timeline

I am married and living overseas with my wife and although I filed Married Filing Separately on my tax return, I made several errors because of lack of tax assistance and after research and advice I found out I wasn't even required to file.

I filled out a 1040x Amended tax return and mailed it in as soon as possible and I had the 1040x printed to submit with my AoS paperwork. I would suggest (just personal suggestion) you file Married Filing Separately, where it asks for your spouses info you should write NRA (Non-Resident Alien) for all of their information. The reason you need to file Married Filing Separately is because in order to file Jointly your husband would need an IITN from the IRS and I think that takes several weeks to create, if not longer. An IITN is basically a tax number for non residents/citizens so that they can report their income as taxable to the IRS.


6/24/2014 - I-130 Shipped via UPS to Chicago

6/26/2014 - I-130 Received and signed for at USCIS

7/1/2014 - E-mail of acceptance with Receipt number - NoA 1 (Routed to California Service Center)

07/15/2014 - Change of Address via phone call with USCIS, confirmation via e-mail.

7/30/2014 - I-130 Approved at USCIS - NoA 2 E-mail

08/13/2014 - NVC Received Approved I-130 package from USCIS

08/21/2014 - Case Number and IIN created at NVC

08/25/2014 - Case Number and IIN received via phone call. DS-261 Available and completed online.

8/26/2014 - AoS Fee invoiced and paid online.

8/28/2014 - AoS Invoice status PAID

09/04/2014 - Expedite Request response - Must enter Beneficiary Date of Birth - Re-sent exact e-mail with requested info

09/10/2014 - Expedite Request e-mail received as "Under Review"

09/11/2014 - Expedite Request Approved - Confirmation via e-mail from U.S. Embassy in Bucharest, Romania

09/16/2014 - Embassy Received Case from NVC

09/16/2014 - Received E-mail from Embassy to Schedule our Interview and prepare documents

9/23/2014 - Medical Exam at Regina Maria - Results OK

10/01/2014 - Visa Approved!

10/03/2014 - Received Passport with Visa!

11/2/2104 - PoE Atlanta - Welcome to the US!

11/5/2014 - Paid $165 ELIS Fee

8/1/2016 - I-751 Packet sent in for Removal of Conditions!

8/15/2016 - Notice of Action 1 for I-751 - California Service Center

9/29/2016 - Received Biometrics Appointment

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Filed: IR-1/CR-1 Visa Country: Romania
Timeline

Thank you guys for your answers! I 'm going to amend my taxes and give a copy to my husband.


CR1visa

· 10/31/2013 - Documents dropped to USCIS by FedEx

· 11/01/2013 - Documents received by USCIS (Chicago, Illinois)

· 11/05/2013 - USCIS Acceptance Confirmation Received in e-mail

· 11/16/2013 - Check was cashed

· 11 /14/2013 - NOA1 Received in mail

· 04/25/2014 - NOA2

· 05/01/2014 - Visa petition was sent to NVC

· 05/13/2014 - NVC Received Petition

· 06/16/2014 - AOS BILL

· 06/16/2014 – Submitted DS-261

· 06/20/2014 – AOS SENT

· 07/16/2014 – Received IV Bill

· 07/17/2014- Paid IV Bill

· 07/18/2014 – IV Package Sent

· 08/13/2014 – AOS Checklist Received in email

· 08/20/2014 – AOS Checklist sent to NVC

08/28/2014 - AOS Received

· 10/23/2014 – Case complete ( :oops: AOS contains some incorrect information.I-864 needs to be changed and taken to the interview.)

The original date for the interview was December the 10Th. We were able to change the date to November 18.

Interview Date : 2014-11-18 Interview Result : Approved

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I don't file married because my husband's its not here yet. I was approved by the nvc without a problem. Was your aos approved by the NVC? If so, I would leave it alone and just file married when you come back to the states. You have a co-sponsor, right?

Edited by LoveMyTico

Married March 9, 2013
NOA1 I-130 April 12, 2013

Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014
AMAZING !!!
PAID IV and AOS fees online April 5, 2014
Fees show paid/DS 260 avail. /DS260 submitted/AOS&IV pkg sent April 9, 2014
FEDEX delivered @ NVC April 11, 2014
Revised AOS pkg delivered April 15, 2014
AOS & IV rec'd& scanned in @ NVC April 15, 2014
Revised AOS scanned April 18, 2014
AOS checklist for income and IV pkg April 30, 2014 (checklist expected due to Lawyers mistakes)
DS260 accepted April 30, 2014
Checklist for Birth cert/police cert May 1, 2014
AOS accepted May 5, 2014

Birth cert scanned MAY 8, 2014

CASE COMPLETE JUNE 4, 2014 CC letter received via email June 11, 2014

INTERVIEW JULY 15, 2014

Waiver finally FedEx'd to Phoenix Lockbox August 21, 2014

WAIVER APPROVED December 17, 2014

Received Instruction Letter via email December 23, 2014

Final Embassy Appointment January 5, 2015 YAY !

Visa ISSUED January 12, 2015

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Filed: IR-1/CR-1 Visa Country: Thailand
Timeline

I also filed "MFS" on my 1040 and then wrote in "NRA" for my husband with no SS# as he's still in Thailand. We're in the middle of the CR1 process. You're on the right track to amend it now. It doesn't seem like it should cause a problem for you. (F)

Edited by jaiyen17

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Filed: Lift. Cond. (apr) Country: China
Timeline

***Moved from IR-1/CR-1 Progress Reports to Tax & Finances During US Immigration forum.***

**Moderator hat off**

I don't file married because my husband's its not here yet. I was approved by the nvc without a problem. Was your aos approved by the NVC? If so, I would leave it alone and just file married when you come back to the states. You have a co-sponsor, right?

The only thing I'm correcting in this post is semantics. The NVC does not approve anything, they only process forms and issue checklists if necessary. Whether or not an Affidavit of Support is accepted is at the Embassy or Consulate.


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*

 

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Filed: IR-1/CR-1 Visa Country: Romania
Timeline

Hmmmm just like I said in the first post - my last name is not changed yet. I will have to go to the SSN Office in U.S for that. I'm in Romania now. How can I amend taxes with my old name in it? If I file my taxes as “married filing separately” It does not make sense to put my old last name in it because I'm married...my last name is different. I will have to put my new name. The IRS does not know my new name yet. Is it right to file with my old name and put married? I’m confused…. I cannot change all my documents with the old name from Romania…Maybe is better to leave it as it is and not amend my taxes? Maybe I should write an explanation letter and give it to my husband at the interview? I will be at the interview as well and I can explain in person …I’m still not sure what’s the right thing to do in this situation…


CR1visa

· 10/31/2013 - Documents dropped to USCIS by FedEx

· 11/01/2013 - Documents received by USCIS (Chicago, Illinois)

· 11/05/2013 - USCIS Acceptance Confirmation Received in e-mail

· 11/16/2013 - Check was cashed

· 11 /14/2013 - NOA1 Received in mail

· 04/25/2014 - NOA2

· 05/01/2014 - Visa petition was sent to NVC

· 05/13/2014 - NVC Received Petition

· 06/16/2014 - AOS BILL

· 06/16/2014 – Submitted DS-261

· 06/20/2014 – AOS SENT

· 07/16/2014 – Received IV Bill

· 07/17/2014- Paid IV Bill

· 07/18/2014 – IV Package Sent

· 08/13/2014 – AOS Checklist Received in email

· 08/20/2014 – AOS Checklist sent to NVC

08/28/2014 - AOS Received

· 10/23/2014 – Case complete ( :oops: AOS contains some incorrect information.I-864 needs to be changed and taken to the interview.)

The original date for the interview was December the 10Th. We were able to change the date to November 18.

Interview Date : 2014-11-18 Interview Result : Approved

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Even if you may don't have issues getting the I-864 approved, if the taxes say single instead of married, you would still be lying to the IRS. The only people who can be considered "unmarried" for tax purposes while legally married, but not physically living with their spouse, are those who are eligible to file as head of household. The fact that a spouse lives abroad, doesn't mean the person should file as single, either you file as MFS, MFJ, or HOH. Hope this helps.

Edited by Ian H.

This does not constitute legal advice.

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Filed: IR-1/CR-1 Visa Country: Romania
Timeline

I understand your point but what name should I use when I amend my taxes? My old name or my new name?If I use my old name it does not make sense to me as I will be listed as " married" therefore I should use my new name. If I use my new name, the IRS will not recognize it as I did not change my documents yet.

Edited by Rebecca 2014

CR1visa

· 10/31/2013 - Documents dropped to USCIS by FedEx

· 11/01/2013 - Documents received by USCIS (Chicago, Illinois)

· 11/05/2013 - USCIS Acceptance Confirmation Received in e-mail

· 11/16/2013 - Check was cashed

· 11 /14/2013 - NOA1 Received in mail

· 04/25/2014 - NOA2

· 05/01/2014 - Visa petition was sent to NVC

· 05/13/2014 - NVC Received Petition

· 06/16/2014 - AOS BILL

· 06/16/2014 – Submitted DS-261

· 06/20/2014 – AOS SENT

· 07/16/2014 – Received IV Bill

· 07/17/2014- Paid IV Bill

· 07/18/2014 – IV Package Sent

· 08/13/2014 – AOS Checklist Received in email

· 08/20/2014 – AOS Checklist sent to NVC

08/28/2014 - AOS Received

· 10/23/2014 – Case complete ( :oops: AOS contains some incorrect information.I-864 needs to be changed and taken to the interview.)

The original date for the interview was December the 10Th. We were able to change the date to November 18.

Interview Date : 2014-11-18 Interview Result : Approved

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If you haven't changed your name with the SSA, you must use your maiden name otherwise the IRS won't be able to verify you. Once your name is changed with the SSA, you can file your taxes in your married name from then on.


This does not constitute legal advice.

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Filed: IR-1/CR-1 Visa Country: Romania
Timeline

So I should list myself as "married " and use my maidan name.

Thank you!


CR1visa

· 10/31/2013 - Documents dropped to USCIS by FedEx

· 11/01/2013 - Documents received by USCIS (Chicago, Illinois)

· 11/05/2013 - USCIS Acceptance Confirmation Received in e-mail

· 11/16/2013 - Check was cashed

· 11 /14/2013 - NOA1 Received in mail

· 04/25/2014 - NOA2

· 05/01/2014 - Visa petition was sent to NVC

· 05/13/2014 - NVC Received Petition

· 06/16/2014 - AOS BILL

· 06/16/2014 – Submitted DS-261

· 06/20/2014 – AOS SENT

· 07/16/2014 – Received IV Bill

· 07/17/2014- Paid IV Bill

· 07/18/2014 – IV Package Sent

· 08/13/2014 – AOS Checklist Received in email

· 08/20/2014 – AOS Checklist sent to NVC

08/28/2014 - AOS Received

· 10/23/2014 – Case complete ( :oops: AOS contains some incorrect information.I-864 needs to be changed and taken to the interview.)

The original date for the interview was December the 10Th. We were able to change the date to November 18.

Interview Date : 2014-11-18 Interview Result : Approved

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You can file as married filing separate, or if you have a qualifying dependent child, you can file as head of household.


This does not constitute legal advice.

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Filed: IR-1/CR-1 Visa Country: Romania
Timeline

Sounds good. Thank you!


CR1visa

· 10/31/2013 - Documents dropped to USCIS by FedEx

· 11/01/2013 - Documents received by USCIS (Chicago, Illinois)

· 11/05/2013 - USCIS Acceptance Confirmation Received in e-mail

· 11/16/2013 - Check was cashed

· 11 /14/2013 - NOA1 Received in mail

· 04/25/2014 - NOA2

· 05/01/2014 - Visa petition was sent to NVC

· 05/13/2014 - NVC Received Petition

· 06/16/2014 - AOS BILL

· 06/16/2014 – Submitted DS-261

· 06/20/2014 – AOS SENT

· 07/16/2014 – Received IV Bill

· 07/17/2014- Paid IV Bill

· 07/18/2014 – IV Package Sent

· 08/13/2014 – AOS Checklist Received in email

· 08/20/2014 – AOS Checklist sent to NVC

08/28/2014 - AOS Received

· 10/23/2014 – Case complete ( :oops: AOS contains some incorrect information.I-864 needs to be changed and taken to the interview.)

The original date for the interview was December the 10Th. We were able to change the date to November 18.

Interview Date : 2014-11-18 Interview Result : Approved

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