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Btranquilo

Need advice - tax return submitted with I-864 orI-864EZ

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I am the petitioner and sponsor for a visa for my wife. I am looking at the information on financial documents needed to support the I-864 / I-864EZ. When I filed my federal income taxes for 2013 I (stupidly) did not file "Married filing separately" but instead filed "Single". My only excuse is that we married on Dec. 3, 2013 and so were married for only 29 days in 2013, my wife has never entered the US or paid any US taxes, etc and it (unfortunately) just did not register to file a married status.

And now I have compounded the problem by waiting until today (Nov, 28, 2014) to file an amended return indicating "married filing separately". As I "read ahead" and prepared to follow the steps of the NVC process to obtain the visa for my spouse I realized that USCIS most likely I would run into a problem with the "Single" filing status. The instructions on the 1040X form indicate it will take 8-12 weeks to process the amended return. So I am "kicking myself" for not thinking this through earlier and only now filing the amended return.

I am wondering if the best course of action is to submit the transcript of the 2013 tax return which indicates "Single filing status" and also include a photo copy of the amended return indicating a change of filing status to "Married filing separately" or should I wait until IRS has processed the amended tax return and obtain a transcript of the amended tax return. Waiting will likely result in a delay in completing the submission of the documents to NVC.

Does anyone have experience and / or advice on this. Thanks in advance,

Btranquilo

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

Since your file is now at the NVC, USCIS has nothing to do with anything at this juncture since they have already approved the petition.

You don't need to wait on the IRS to finish processing the amended return before filing your Affidavit of Support. With the speed that the NVC is moving at, the amended return will be processed before an interview is scheduled. Furthermore, the NVC has no say in whether or not a visa is approved, that is at the sole discretion of the CO conducting the interview.

FWIW, even if the amended return is not processed in time for the interview, chances are very remote that it will even be an issue. Even though filing single when married is technically improper (and you are working to correct it) other members have also filed this way and most (not all) have not had it negatively affect the interview result.


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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