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Honey&Bunny

Do I include my husband in my taxes?

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Hi guys, I am sorry for the crazy question. I am trying to file my 2014 taxes, and I am confused. Am I supposed to file married? My husband is not here, so I don't know if it counts or not. If anyone has done their taxes while their spouse still waiting for the immigration process to be over, please let me know. I have no money, and I am trying to do things on my own. I use the short form. Thank you guys.

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Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration forum.

Edited by Ryan H

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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HI I WAS TOLD NOT TO BY MY LAWYER BECAUSE THAT WOULD BE LYING TO IRS IF THEY ARE NOT HERE IN THE STATES IF THEY ARE HERE THEN THEY CAN USE THE ITIN NUMBER

SO TO STAY ON THE SAFE SIDE I DIDNT INCLUDE HER OR MY 2 CHILDREN DID MY TAXES AS MARRIED AND WILL HAVE TO AMMEND ONCE THEY ARE HERE. THATS HOW MY LAWYER PROCEEDED. YES!!!! FILE AS MARRIED!!!!

MUCHA SUERTE!!!

Edited by loscharros

Met June 2011

Baby 1 dob      Jan 28, 2013

Baby 2 dob     March 15, 2014

Baby 3 dob     May 11, 2018

Got married February 5, 2014:

USCIS: February 1, 2014:

Sent I-130: February 17, 2014:

NOA1 to NVC August 18, 2014:

Case Complete NVC March 17, 2015

Letter and instructions from NVC for INTERVIEW March 27, 2015

__________________________________________________________

Medical Exam May 26, 2015

Bio-metrics Appt. May 27, 2015 -

INTERVIEW DAY May 28, 2015 - APPROVED!!!!!!!!

VISA RECEIVED: June 4, 2015

Point of Entry: JULY 14, 2015

SS Card Received: JULY 22, 2015

Green Card Received: AUGUST 27, 2015

__________________________________________

LIFTING CONDITIONS

Date Filed: April 15, 2017

Bio Appt:    June 1, 2017

I551 Stamp: YES - November 17, 2017

NOA:   Feb 16, 2018

Approved: Aug 2, 2018

10yr GC rec'd: AUG 9, 2018

 

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HI I WAS TOLD NOT TO BY MY LAWYER BECAUSE THAT WOULD BE LYING TO IRS IF THEY ARE NOT HERE IN THE STATES IF THEY ARE HERE THEN THEY CAN USE THE ITIN NUMBER

SO TO STAY ON THE SAFE SIDE I DIDNT INCLUDE HER OR MY 2 CHILDREN DID MY TAXES AS MARRIED AND WILL HAVE TO AMMEND ONCE THEY ARE HERE. THATS HOW MY LAWYER PROCEEDED. YES!!!! FILE AS MARRIED!!!!

MUCHA SUERTE!!!

Your lawyer is wrong.

OP,

You must file as married, these are your options:

  • Married filing separately, write "N R A" in the section for your spouses SSN (NRA stands for non-resident alien).
  • Obtain an ITIN number and file jointly.

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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HI I WAS TOLD NOT TO BY MY LAWYER BECAUSE THAT WOULD BE LYING TO IRS IF THEY ARE NOT HERE IN THE STATES IF THEY ARE HERE THEN THEY CAN USE THE ITIN NUMBER

SO TO STAY ON THE SAFE SIDE I DIDNT INCLUDE HER OR MY 2 CHILDREN DID MY TAXES AS MARRIED AND WILL HAVE TO AMMEND ONCE THEY ARE HERE. THATS HOW MY LAWYER PROCEEDED. YES!!!! FILE AS MARRIED!!!!

MUCHA SUERTE!!!

Sorry but your lawyer doesn't know what they are talking about. But many accountants are ill informed also.

Honey&Bunny you are married you can not file single That is a BIG mistake that may do. You can either file MFS(married filing separate) where no SS or ITIN is required but you can;t electronic file you must mail in and NRA (Non-Resident Alien) is written in place of the SS# when you send in.

One thing with filing MFS its like filing as a single and the tax liability is about the same. But good news is once he is here you get to amend your taxes for all the years apart as MFJ once he gets SS# and many get a nice payday.

Millions of us file this way. For those who went the ITIN route you can file MFJ (Married filing Jointly. If you have dependents you get to do head of household. But no you should not be filing single.


Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.
Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

:goofy:


Come join the current Interview thread: 

 

Case-Complete-to-Interview-November-2018/

Case Complete to Interview Form
Case Complete to Interview Spreadsheet
NVC Filers Wiki Process

 

 

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HI I WAS TOLD NOT TO BY MY LAWYER BECAUSE THAT WOULD BE LYING TO IRS IF THEY ARE NOT HERE IN THE STATES IF THEY ARE HERE THEN THEY CAN USE THE ITIN NUMBER

SO TO STAY ON THE SAFE SIDE I DIDNT INCLUDE HER OR MY 2 CHILDREN DID MY TAXES AS MARRIED AND WILL HAVE TO AMMEND ONCE THEY ARE HERE. THATS HOW MY LAWYER PROCEEDED. YES!!!! FILE AS MARRIED!!!!

MUCHA SUERTE!!!

Get a new lawyer. Hope they aren't helping with your immigration. Unless you just did a really bad job explaining what your lawyer said.

Edited by Shauneg

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SHE IS HOPE SHE IS RIGHT????


Met June 2011

Baby 1 dob      Jan 28, 2013

Baby 2 dob     March 15, 2014

Baby 3 dob     May 11, 2018

Got married February 5, 2014:

USCIS: February 1, 2014:

Sent I-130: February 17, 2014:

NOA1 to NVC August 18, 2014:

Case Complete NVC March 17, 2015

Letter and instructions from NVC for INTERVIEW March 27, 2015

__________________________________________________________

Medical Exam May 26, 2015

Bio-metrics Appt. May 27, 2015 -

INTERVIEW DAY May 28, 2015 - APPROVED!!!!!!!!

VISA RECEIVED: June 4, 2015

Point of Entry: JULY 14, 2015

SS Card Received: JULY 22, 2015

Green Card Received: AUGUST 27, 2015

__________________________________________

LIFTING CONDITIONS

Date Filed: April 15, 2017

Bio Appt:    June 1, 2017

I551 Stamp: YES - November 17, 2017

NOA:   Feb 16, 2018

Approved: Aug 2, 2018

10yr GC rec'd: AUG 9, 2018

 

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Sorry but your lawyer doesn't know what they are talking about. But many accountants are ill informed also.

Honey&Bunny you are married you can not file single That is a BIG mistake that may do. You can either file MFS(married filing separate) where no SS or ITIN is required but you can;t electronic file you must mail in and NRA (Non-Resident Alien) is written in place of the SS# when you send in.

One thing with filing MFS its like filing as a single and the tax liability is about the same. But good news is once he is here you get to amend your taxes for all the years apart as MFJ once he gets SS# and many get a nice payday.

Millions of us file this way. For those who went the ITIN route you can file MFJ (Married filing Jointly. If you have dependents you get to do head of household. But no you should not be filing single.

THANK YOU SO MUCH FOR THIS GREAT INFORMATIONS!

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One other thought. If you think your honey bunny will be here before October 2015, you can get an extension to file (which is not an extension to pay), then get his ITIN/SSN and file jointly before the October 15, 2015 filing due date. If he qualifies for his SSN, then you don't get an ITIN. It will save you from having to jump through the hoops.

If you are due a refund, are already married, and you and your spouse intend to file jointly, that means that you already paid your tax liability and can even file your return after the October due date if he will be here after October.

Getting an ITIN is not too difficult, but there are extra steps that may be cumbersome - but then again, you managed to file a spousal visa - so it won't be more difficult that that!!!


K-1 fiance visa journey

 

July 22, 2014 - First connection through website ** March 4, 2015 - First meeting in person in a third country (first visa stress!) ** March 18, 2015 - Sent Form I-129F ** March 19, 2015 - Received by Dallas Lockbox at 8:09 AM CST ** March 24, 2015 - Received USCIS receipt confirmation text and e-mail at 9:04 PM CST - NOA1 ** April 7, 2015 - Received USCIS approval confirmation text and e-mail at 9:30 PM CST - NOA2 ** April 24, 2015 - Called NVC and confirmed receipt ** April 25, 2015 - CEAC.GOV reflecting embassy number as 'In NVC' ** April 29, 2015 - CEAC.GOV reflecting embassy number as 'In Transit' ** May 5, 2015 - Petition arrived at embassy - 'Ready' status ** June 14, 2015 - Received Packet 3 and 4 (Interview and document list combined) ** June 29, 2015 - Medical exam ** July 7, 2015 - Embassy interview!!...then...CEAC.GOV reflecting embassy number as 'Administrative Processing' ** August 4, 2015 - Received call from US Embassy to drop off his passport!! ** September 3, 2015 - CEAC.GOV reflecting embassy number as 'Ready' and Nonimmigrant!!!!!!! TOMORROW!.....no...still waiting... ** October 13, 2015 - CEAC.GOV reflecting 'Administrative Processing' ** October 15, 2015 - CEAC.GOV now says 'Issued' !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

November 10, 2015 - Dallas POE! He's here

November 16, 2015 - Our marriage :)

Adjustment of Status journey ~ ROC Date December 21, 2017 ~

 

December 9, 2015 - Mailed AOS package (Day 0) ** December 10, 2015 - Received by Chicago Lockbox at 1:06 PM CST (Day 1) ** December 14, 2015 - Initiated county name change petition ** December 22, 2015 - Received USCIS receipt confirmation text and e-mail at 11:34 PM CST - NOA (Day 13) ** January 4, 2016 - Additional information delivered to NBC at 10:10 AM CST (Day 26) ** January 11, 2016 - Fingerprint fee accepted for Form I-485 (Day 33) ** January 19, 2016 - Received Selective Service registration card ** January 20, 2016 - Service request initiated and completed for biometric appointment (Day 42) ** January 23, 2016 - Received biometric letter dated January 16, 2016 (Day 45) ** February 5, 2016 - Biometric appointment (Day 58) ** February 19, 2016 - Request for Initial Evidence for EAD/AP (Day 72) ** February 25, 2016 - Received RFIE (Day 78) ** February 26, 2016 - Mailed response to RFIE (Day 79) ** February 29, 2016 - Response to RFE delivered to NBC at 11:06 AM CST (Day 82) ** March 3, 2016 - EAD status update to RFE response received March 1, 2016 (Day 85) ** March 4, 2016 - EAD/AP approved/card being produced (Day 86) ** March 9, 2016 - EAD/AP card mailed (Day 91) ** March 12, 2016 - EAD/AP received (Day 94) ** March 21, 2016 - GC approved/card being produced (Day 103) ** March 24, 2016 - GC mailed and name change completed (should have been February 4, 2016...) (Day 106) ** March 26, 2016 - Conditional GC received (Day 108)

Removal of Conditions journey ~ USC Date December 21, 2018 ~

Spoiler

December 21, 2017 - Mailed ROC package (Day 0) ** December 26, 2017 - Received by Laguna Niguel Lockbox  at 12:40 PM CST (Day 1) ** January 2, 2018 Check cashed (Day 7) ** January 6, 2018 Received NOA1 dated December 26, 2017 (Day 11) ** February 13, 2018 - Service request initiated for biometric appointment (Day 49) ** February 23, 2018 - Received service request letter response dated January 19, 2018 instructing us to wait (Day 59) ** March 5, 2018 - Case Received at Local Office (Day 69) ** June 15, 2018 - Case Transferred to Another Office (Day 171) ** June 18, 2018 - Case Transferred and New Office Has Jurisdiction (Day 174) ** August 24, 2018 - Rec'd extended NOA1 dated August 18, 2018 (Day 241) **

 

 

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I just mailed my return off today by certified mail filing Married Filing Separate. I used Tax Act for free and because it allows you to designate your spouse as a Non Resident Alien. Once my husband is here I will amend the return to claim the filing status Of Married Filing Jointly and claim the larger refund.

My original plan was to file for an extension. I decided that I'd rather have a simpler Affadavit of Support package to not raise any concerns, not that it would have, many do with no problems. I just wanted the simple and carefree submission of paperwork so I'm keeping it simple.

Edited by Elle&Kev

I-751 Removal of Conditions

*************************************************
4/15/17: I-751 Packet sent to CSC 
4/18/17: CSC Received
5/04/17: Check Cashed
5/05/17: NOA
5/11/17: Biometrics Notice Received
5/26/17: Biometrics Appointment
4/18/18: Still Pending - Extension Stamp in Passport good for 6 months
8/25/18: Received an 18 month extension in the mail
 
N 400 Application / Submitted Online
************************************************
Application Support Center: Las Vegas, NV
4/19/18: N400 Application Submitted Online - $725 fee paid
4/20/18: Biometrics Notice Received (Online)
5/04/18: Biometrics Completed / Early Walk In - Scheduled appointment was for 5/11/18 ( estimated completion March 2019 10 months)
 
 
 
 
 
 
 

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Also, you won't be able to use the short form (1040EZ) for the status of Married filing Separate.


I-751 Removal of Conditions

*************************************************
4/15/17: I-751 Packet sent to CSC 
4/18/17: CSC Received
5/04/17: Check Cashed
5/05/17: NOA
5/11/17: Biometrics Notice Received
5/26/17: Biometrics Appointment
4/18/18: Still Pending - Extension Stamp in Passport good for 6 months
8/25/18: Received an 18 month extension in the mail
 
N 400 Application / Submitted Online
************************************************
Application Support Center: Las Vegas, NV
4/19/18: N400 Application Submitted Online - $725 fee paid
4/20/18: Biometrics Notice Received (Online)
5/04/18: Biometrics Completed / Early Walk In - Scheduled appointment was for 5/11/18 ( estimated completion March 2019 10 months)
 
 
 
 
 
 
 

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**Hijack posts removed or split off. When posting in this thread, you need to address the OP's questions. If you have you own questions, you need to start your own thread. Anymore posters who hijack this thread with their own questions will have their posts removed without being split and a thread ban imposed.**


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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