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MiltonAnaya

Help ! Does my husband have to be on my taxes to be able to file for his green card?

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His visa (K-1) expired in Nov . We hadn't filed for AOS because of financial issues. We finally got the money but when I went to file my taxes , the notary told me I can't file mine until he got his tax ID..... Because I need to file my taxes with him..... We requested this taxID more than a month ago and it hasn't arrived..... So now time is continuing to run and he continues to have no status...

Is this true ? Our can I just file my taxes and find his someone to do a affidavit?

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Did you get a Social Security Number for him?

How did a Notary get involved in your taxes?

No, when I went it was too late for his SSN . The notary is a friend of my mom who has filed my mothers taxes always . Since I had never filed my taxes, I went to that person. But she told me I HAD to file with my husband because of immigration reasons and she requested the tax ID

Now I'm wondering if I actually have to wait for that to file my taxes because I'm really trying to move along with his AOS

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My spouse and I filed together the taxes and I was not asked for a Tax ID, but I did have my SSN...hmm..I guess I will be making some calls.

Filing the joint taxes does helps the immigration process, during our AOS interview in February this year, we were asked about taxes, if filing separated or together..my spouse said together, but have not filed yet because we were waiting for some tax forms from that were needed to complete the process.

Edited by abby12

10/08/2014 - AOS/EAD/AP filed

10/16/2014 - NOAs:

11/18/2014 - Bio. Appointment

11/25/2014 - AOS Update (Ready for Interview)

12/30/2014 - EAD Approved (Card in production)

12/30/2014 - AP Approved

01/06/2015 - EAD/AP Card Mailed

01/07/2015 - EAD/AP Card Received

01/14/2015 - AOS Update (Interview scheduled)

02/18/2015 - AOS Interview (Approved!)

02/18/2015 - AOS Updated (Card is being produced)

02/19/2015 - Welcome Notice Mailed

02/24/2015 - Welcome Notice Received

02/24/2015 - Card mailed

02/27/2015 - GREEN CARD RECEIVED!

**

12/27/2016 - ROC filed (California Service Center)

12/28/2016 - NOA

01/08/2017 - Bio. Appointment Notice received

01/25/2017 - Bio. Appointment done.

12/12/2017 - I-551 Stamp on passport

06/12/2017 - "Approval Notice" DHS website (notice mailed)

06/12/2018 - Card in production

06/16/2018 - Approval Notice/Notice of Action received in the mail.

06/19/2018 GREEN CARD RECEIVED!

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Why dont you file single and adjust at a later time. The more you wait the more is gonna be a problem.


Before my husband entered the US I filed single because I didnt want to wait for the Tax ID.....And that is what I did and when hubby finally was here I adjusted my taxes

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I just got off the phone with USCIS and they told me that my taxes aren't even needed to AOS.... So now I feel like the person that told me that, doesn't know what she was even talking about. I will be filing AOS soon.

My husband is in the states tho .. Should I still file single and then adjust

I just got off the phone with USCIS and they told me that my taxes aren't even needed to AOS.... So now I feel like the person that told me that, doesn't know what she was even talking about. I will be filing AOS soon.

My husband is in the states tho .. Should I still file single and then adjust

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No you husband does not have to be on taxes to file for GC, cuz some people get her and adjust before tax season.

As far as your tax question, I would consult a CPA. I would want the deduction for filing married, but I guess it would matter if you are getting a refund or having to pay in when to file.

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If you were married in 2014 your options are married joint, married separate or single head of household if you have a qualifying dependent and your hubby was considered a NRA.

Yes we got married June 2014. What is a NRA ? We have a daughter that I planned on filing with . If I file married separate , would that bring about any questioning later on ? Or should I do single and just adjust later

If you were married in 2014 your options are married joint, married separate or single head of household if you have a qualifying dependent and your hubby was considered a NRA.

Yes we got married June 2014. What is a NRA ? We have a daughter that I planned on filing with . If I file married separate , would that bring about any questioning later on ? Or should I do single and just adjust later

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WE FILED AOS IN FEBRUARY AND HAD NOT FILED MY TAXES YET, I JUST SENT MY PREVIOUS TAX RETURNS AND THIS YEARS W-2S. I FILED AN EXTENSION ON MY TAXES UNTIL WE GET HIS SSN WHICH WILL BE NEXT MONTH. YOU HAVE TO FILE MARRIED ON YOUR TAXES, NO WAY AROUND IT, BUT SINCE HE DOES NOT HAVE A SSN OR TAX ID YOU CAN EITHER WAIT OR MAIL YOUR RETURNS AND WRITE NRA(NON-RESIDENT ALIEN) WHERE IT ASKS FOR HIS SSN. I WENT THRU A LOT OF INFORMATION BEFORE I FILED MY EXTENSION. MY BEST BET WAS TO WAIT FOR HIS SSN, WHICH WE WILL HAVE NOW THAT IS WORK VISA HAS BEEN APPROVED.

Edited by GinaYCarlos

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Qualifying to file as Head of Household

Filing as Head of Household may provide additional tax benefits for single U.S. citizens or resident aliens caring for a child or other related persons such as parents. Unmarried persons may be able to file as Head of Household if you meet all of the following requirements:

  • You are unmarried or considered unmarried on the last day of the year and file a separate tax return with a qualifying child. See A Qualifying Child and Who is a qualifying person? in the following sections.
  • You are considered unmarried if a spouse did not live in the home during the last 6 months of the year and your home was the main home of your child, stepchild, or foster child for more than half the year.
  • You paid more than half the cost of keeping up a home for the year.
  • The child or dependent lived with you — see the next section, Who is a qualifying person?

This will not be over quickly. You will not enjoy this.

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I just got off the phone with USCIS and they told me that my taxes aren't even needed to AOS.... So now I feel like the person that told me that, doesn't know what she was even talking about. I will be filing AOS soon.

My husband is in the states tho .. Should I still file single and then adjust

I just got off the phone with USCIS and they told me that my taxes aren't even needed to AOS.... So now I feel like the person that told me that, doesn't know what she was even talking about. I will be filing AOS soon.

My husband is in the states tho .. Should I still file single and then adjust

You are married so wouldn't file "SINGLE".

However, you mentioned you have a child so therefore you qualify to file as "Head of Household".

If for some reason you do not qualify to file as "Head of Household" then you would choose "Married Filing Separately"

NRA stands for None Resident Alien. When filing for Married Filing Separate you would put NRA where it requests for your spouses SSN.


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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You can file as Married Filing Separately or Head of Household for now, then amend it later when he has his SSN.


ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

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Yes we got married June 2014. What is a NRA ? We have a daughter that I planned on filing with . If I file married separate , would that bring about any questioning later on ? Or should I do single and just adjust later

Yes we got married June 2014. What is a NRA ? We have a daughter that I planned on filing with . If I file married separate , would that bring about any questioning later on ? Or should I do single and just adjust later

Im confused. .....how did you marry in June but say K1 expired in November? The period is 90 days from entry to marry. If he entered and married in June, the deadline would be in September. ....correct?

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