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Married filing jointly, non-resident spouse

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Hello, having finally received a social security # for my wife, I was in a rush to file my 2014 fed and state tax returns, from which I should receive a sizable refund because my withholdings for the year were quite high. My wife and I were married in Feb 2014, so we do qualify to file jointly even though she was a non-resident throughout the remainder of the year as we waited for our CR-1 application to process. I sent my returns yesterday, but today in doing some research, I uncovered this IRS directive. I seem to recall reading the first part of it, pasted below. But what I either missed or forgot was the 2nd part where they outline "How to Make the Choice", which includes submitting a signed declaration with the return.

Should I file an amended return with the signed declaration, immediately? Thanks in advance for any advice.

Nonresident Spouse Treated as a Resident

If, at the end of your tax year, you are a U.S. citizen or a resident alien (even if you were NOT for the whole year) and married to a nonresident alien, you can choose to treat your nonresident spouse as a U.S. resident for U.S. Federal Individual Income Tax purposes.

If you make the choice for your nonresident spouse to be treated as U.S. resident in a particular tax year:

  • You and your spouse are treated as residents for that entire tax year for the purpose of your federal individual income tax return, and for the purpose of withholding U.S. federal income tax from your wages. However, you may still be treated as a nonresident alien for other U.S. withholding taxes such as (1) Chapter 3 withholding or (2) Social Security and Medicare tax withholding. Refer to Aliens Employed in the U.S. – Social Security Taxes.
  • You must file a joint income tax return for the year you make the choice (but you and your spouse can file joint or separate returns in later years).
  • For the year to make the choice, you and your spouse are both taxed on worldwide income.
  • Generally, neither you nor your spouse can claim tax treaty benefits as a resident of your foreign spouse’s country for the tax year for which the choice is in effect. However, there may be exceptions on certain tax treaties that allow a resident alien to claim a tax treaty benefit on certain specified income.

CAUTION! If you file a joint return under this provision, the special instructions and restrictions for dual-status taxpayers do not apply to you.

How to Make the Choice

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:

  1. A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year
  2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

Marriage: 2014-02-23
CR1 started : 2014-06-06
CR1 completed : 2015-07-13 (POE)
ROC started : 2017-04-14 - CSC

N400 started: 2018-04-24

N400 interview: 2018-08-16 - Albuquerque - Approved N400 & ROC

Oath ceremony: 2018-09-24 - Albuquerque

 

April 2017 I-751 Filers Spreadsheet

https://docs.google.com/spreadsheets/d/1t335PrkwxPk7sRryv02NH3vrWHy0vlkBxjmPy5VYJO8/edit#gid=0

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If she has her green card, she is a resident alien. This is only applicable if she does not have a green card. Based on your timeline, I think the resident alien rules apply to her, which means that you don't need to take any action.

But see if any others agree or disagree with me.


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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Hello, having finally received a social security # for my wife, I was in a rush to file my 2014 fed and state tax returns, from which I should receive a sizable refund because my withholdings for the year were quite high. My wife and I were married in Feb 2014, so we do qualify to file jointly even though she was a non-resident throughout the remainder of the year as we waited for our CR-1 application to process. I sent my returns yesterday, but today in doing some research, I uncovered this IRS directive. I seem to recall reading the first part of it, pasted below. But what I either missed or forgot was the 2nd part where they outline "How to Make the Choice", which includes submitting a signed declaration with the return.

Should I file an amended return with the signed declaration, immediately? Thanks in advance for any advice.

If you were married in the year 2014 and you have an ITIN or SSN for your spouse, then you can file a 2014 joint return. It doesn't matter where she lived or her immigration status (in 2014) because you each will sign the statement saying you choose for her to be treated as a resident alien for tax purposes.

If she had income in her country, you must report it as income when you file jointly. It will be in Line 7 on a 1040 added to your income. Then you use Form 2555EZ Foreign Income Exclusion to exclude it and subtract it out on the 1040. Shown as a negative number on Line 21.

You filed Married Filing Separately. When you work out a Married Filing Jointly return, your refund will be bigger.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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If you were married in the year 2014 and you have an ITIN or SSN for your spouse, then you can file a 2014 joint return. It doesn't matter where she lived or her immigration status (in 2014) because you each will sign the statement saying you choose for her to be treated as a resident alien for tax purposes.

I think the immigration status does matter. If she is LPR, they don't need to sign a statement - she is already a resident alien for tax purposes. If she is not an LPR, then they need the statement to elect to treat her as a resident alien for tax purposes.


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 think the immigration status does matter. If she is LPR, they don't need to sign a statement - she is already a resident alien for tax purposes. If she is not an LPR, then they need the statement to elect to treat her as a resident alien for tax purposes.

I was answering to the Op's situation specifically.

He was asking about tax year 2014.

He was married in 2014.

His wife did not get a visa or enter the U.S. until last month-- July 2015.

She was not an LPR for 2014 tax year, but her status does not matter for 2014 because they can sign a statement for her to be resident alien for tax purposes even if she had never stepped foot in the U.S. that tax year.

I agree an LPR is a resident alien and does not need to request resident alien treatment. But in 2014 she was not resident and not an LPR.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Thank you to all who replied. I really appreciate your advice/perspective.

In the end, I submitted an amended return with the declaration, as I had forgotten a required form involving a credit. I was surprised at the significant difference that married jointly made on my taxes. Unfortunately, I wasn't able to take advantage of it immediately because the IRS rejected our application for an ITIN and we had to wait for the SSN, which only came last week.


Marriage: 2014-02-23
CR1 started : 2014-06-06
CR1 completed : 2015-07-13 (POE)
ROC started : 2017-04-14 - CSC

N400 started: 2018-04-24

N400 interview: 2018-08-16 - Albuquerque - Approved N400 & ROC

Oath ceremony: 2018-09-24 - Albuquerque

 

April 2017 I-751 Filers Spreadsheet

https://docs.google.com/spreadsheets/d/1t335PrkwxPk7sRryv02NH3vrWHy0vlkBxjmPy5VYJO8/edit#gid=0

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I was answering to the Op's situation specifically.

He was asking about tax year 2014.

He was married in 2014.

His wife did not get a visa or enter the U.S. until last month-- July 2015.

She was not an LPR for 2014 tax year, but her status does not matter for 2014 because they can sign a statement for her to be resident alien for tax purposes even if she had never stepped foot in the U.S. that tax year.

I agree an LPR is a resident alien and does not need to request resident alien treatment. But in 2014 she was not resident and not an LPR.

2014....doink! I agree.

Yeah, MFJ is typically more tax-advantaged. I'm sure waiting for my MFJ this year! And my guy is going to be taking classes too! That's what I am talking about!

Edited by Amhara

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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Yeah, I've noticed the direct write off of tuition. That will be nice when we eventually take advantage of it. We were pleasantly surprised when we discovered that the local community college offers 7 levels of english (as a 2nd language) for free. :joy: Just a $25 registration fee each semester. My wife is going to work on her english for about a year and then take courses to get certified as a nurse here in the states.


Marriage: 2014-02-23
CR1 started : 2014-06-06
CR1 completed : 2015-07-13 (POE)
ROC started : 2017-04-14 - CSC

N400 started: 2018-04-24

N400 interview: 2018-08-16 - Albuquerque - Approved N400 & ROC

Oath ceremony: 2018-09-24 - Albuquerque

 

April 2017 I-751 Filers Spreadsheet

https://docs.google.com/spreadsheets/d/1t335PrkwxPk7sRryv02NH3vrWHy0vlkBxjmPy5VYJO8/edit#gid=0

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Yeah, I've noticed the direct write off of tuition. That will be nice when we eventually take advantage of it. We were pleasantly surprised when we discovered that the local community college offers 7 levels of English (as a 2nd language) for free. :joy: Just a $25 registration fee each semester. My wife is going to work on her English for about a year and then take courses to get certified as a nurse here in the states.

Awesome! That's a great career for her! She can take that anywhere. Tuition can be used as a tax credit - it's not really a direct write off of taxes. There is also a deduction before adjusted gross income, but that one is not so beneficial to most individuals.

Look into your community college's residency requirements. I was hoping that we might be able to get my guy registered at the in-county rate since I've lived at the same address for nearly three years; however, I don't think that will be the case. Your's might be different, but if we were married for at least a year, then we could use our marriage to count him as in-district even if he was out of the country waiting on the visa. I am thinking that we can only afford about $1,000 for tuition and that should cover 4-6 classes, but with out-of-state rates, that will only cover two classes.

May your marriage have a long, long, and enjoyable journey!!!!


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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Similar situation- I am on F1 status and I have an ssn as I work on campus. Husband is a permanent resident. We were married in 2014 and filed MFJ for that year. We used turbo tax and only saw the instructions to attach a note after the fact. What should we do? Our case was just transferred from Vermont to California.

Edited by Chejemmie

Chejemmie Timeline:​
7/31/2013​ - Moved to US on F1 visa
4/16/2014​ - Married LPR; in relationship for 12yrs
12/30/​2014 - Applied for F2A visa on I-130 (Vermont)
12/31/2014 - P​D
1/5/2015 - NOA1 received
8/27/2015 - Case transferred to California
9/22/2015 - Petition approved (NOA2) Case send to NVC
10/22/2015 - Filed AOS application at Chicago Lockbox.
10/27/2015 - Case received by NVC
11/2/2015 - Received welcome letter.<p>
11/4/2015 - Received receipt notice for I-485 and EAD via text and email
12/07/15 - inquiry on status of biometric
12/21/15 - response via mail that case in pre-processing stage
12/28/15 - inquiry on status of EAD
12/29/15 - response via mail; in suspension until bio is done. Also received bio appointment for 01/12/16.

01/12/16- bio appointment successful

01/12/16-received rfe via mail for joint sponsor and proof of imm. status

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Will be doing much the same once my wife gets over her - just file an amended tax return once she arrives and receives her ssn then include her income for 2014. Then we are golden. ;)


ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

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Will be doing much the same once my wife gets over her - just file an amended tax return once she arrives and receives her ssn then include her income for 2014. Then we are golden. ;)

We went the long way with the ITIN. Started the paperwork in May and will finally be getting the refund for the 2013 ammended return this week. Already got the 2014 refund and used that transcript for the AOS.


2013/05/03 Married

2013 CFO seminar to change name

2013 Passport issued in married name

USCIS

2015/06/27 Sent I-130

2015/06/29 Priority Date

2015/0701 NOA1

2015/08/05 NOA2

NVC

2015/08/17 Package received at NVC

2015/08/26 Received DS-261/AOS bill

2015/08/29 Sent AOS/IV

2015/08/31 AOS/IV scan date

2015/09/01 DS-260 submitted

2015/09/21 3 n/a (CC)

2015/09/28 Receive confirmation email of CC waiting interview date

2015/10/01 Interview date scheduled (P4)

Manila Embassy

2015/10/12 SLEC Medical, required to get doctor certificate and return the 30th.

2015/10/19 Went to hospital to get the doctors certificate for SLEC

2015/10/30 Appointment with doctor at SLEC for evaluation

2015/11/03 Completed medical

2015/11/05 Interview scheduled - APPROVED

2015/11/06 CEAC changed to issued

2015/11/11 Passport and visa delivered

2015/11/12 Passport stamped at CFO

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Thank you to all who replied. I really appreciate your advice/perspective.

In the end, I submitted an amended return with the declaration, as I had forgotten a required form involving a credit. I was surprised at the significant difference that married jointly made on my taxes. Unfortunately, I wasn't able to take advantage of it immediately because the IRS rejected our application for an ITIN and we had to wait for the SSN, which only came last week.

Hi,

This is precisely the tread I was looking for. I arrived on a K-1 (fiancé) visa in October 2015, got married and my wife filed MFJ early in 2016 but we forgot to include the statement/declaration for me to be treated as an alien resident (since I applied for my green card but haven't received it yet). Should we send an amended tax return (even if the actual values on the form will remain the same) and attach the statement or will the IRS raise a flag and get in touch and ask us to send it later?

Thanks!

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Hi,

This is precisely the tread I was looking for. I arrived on a K-1 (fiancé) visa in October 2015, got married and my wife filed MFJ early in 2016 but we forgot to include the statement/declaration for me to be treated as an alien resident (since I applied for my green card but haven't received it yet). Should we send an amended tax return (even if the actual values on the form will remain the same) and attach the statement or will the IRS raise a flag and get in touch and ask us to send it later?

Thanks!

I would go ahead and send in the election statement because you wouldn't want something like this to come back to you in the future. Possible consequences are they deny the election and tack on interest to the extra monies that were refunded and you'll have to pay back even more.


Maria ~ U.S. Citizen Petitioner

 

11/28/15: Engaged (L)

K-1 & K-2 Process (Completed in 4 mos. 8 days)

 

1/19/16: I-129F Package recv'd by USCIS via FedEx overnight

1/21/16: NOA1 notice date, routed to CSC (1/28 recv'd hardcopy)

3/18/16: RFE Notification (3/23 recv'd hardcopy)

3/28/16: RFE Response Recv'd notification (3/26 delivered via USPS priority)

4/1/16: NOA2 Approval :dancing: (4/6 recv'd hardcopy)

4/25-4/26/16: NVC received case & assigned no. (5/2 recv'd hardcopy dated 4/29)

4/28/16: Left NVC, "In Transit" to consulate

5/2/16: Consulate Receives via DHL

5/9/16: Fiancée travels to CDJ to clear Case # issue & recv'd hardcopy appt letter

5/13/16: Medical & Biometrics Appt.

5/17/16: Interview Appt. - APPROVED :dance:

5/19/16: CEAC Status changed from "Ready" to "Issued"

5/23/16: Recv'd DHL tracking info via email

5/25/16 @10am: Package ready for pickup at DHL office; @3pm: Fiancée picks up packages - Visas in hand! :thumbs: 

8/5/16: Wedding (L)

AOS/EAD/AP Process, K-1 & K-2 (Completed in 4 mos. 15 days)

 

9/21/16: Package recv'd by USCIS via FedEx overnight [Day 1]

9/29/16: NOA1 notice date, text/email recv'd, routed to NBC, 10/4 case status avail [Day 9]

10/6/16: NOA1 Hardcopies recv'd [Day 16]

10/15/16: Biometrics Notice recv'd, NOA date 10/7, postmark 10/12 [Day 25]

10/19/16: AOS Cases (I-864) RFIE Notification, text recv'd, 10/24 recv'd hardcopy [Day 29]

10/27/16: Biometrics (Scheduled) Appt for AOS/EAD - Success [Day 37]

11/2/16: AOS Cases, RFIE Response Recv'd case status update, 10/28 delivered via FedEx) [Day 43]

12/14/16: EAD Cases, Filed SR w/ Tier 2, approaching regulatory timeframe [Day 85 / 76 w/ 9day RFIE delay]

12/21/16: EAD Cases, Filed 2nd SR w/ Tier 2, 1st SR hadn't even been looked at [Day 92]

12/23/16: AOS Case Status Updates - Interview Scheduled, text recv'd [Day 94] :dancing:

1/5/17: AOS Interview Appt Hardcopies recv'd, notice date 12/21/16 (Based on notice date, I believe 2nd SR prompted action on AOS cases) [Day 107]

1/9/17: EAD Cases Status Updates - New Card in Production, email recv'd [Day 111 / 102 w/ 9day RFIE delay]

1/12/17: EAD Cases Status Updates - Card Was Mailed, no email/txt [Day 114 / 105 w/ 9day RFIE delay]

1/14/17: AP Cases - Approval notice hardcopies recv'd, no email/txt/online update [Day 116 / 107 w/ 9day RFIE delay]

1/17/17: EAD/AP Combo Card recv'd via USPS Priority Mail [Day 119 / 110 w/ 9day RFIE delay]

1/27/17: AOS Interview :star: - APPROVED!! :dance:  [Day 129 / 120 w/ 9day RFIE delay ~ 4 mos.]

1/27/17: AOS Case status update - Approved | 1/31/17: New Card in Production | 2/1/17: Card Was Mailed

2/4/17: Green Cards Arrived :dancing:

ROC Process (Window opens up Oct 2018)

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