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Mr T

income tax return by USC spouse , confused situation

By Mr T in IR-1 / CR-1 Spouse Visa Process & Procedures

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Mr T Apprentice

Mr T   1

Posted
Filed: Other Country: India
 Timeline
Posted

Hi everyone,

I have a question regarding my wife tax return who is USC and i am her alien spouse as my 130 petition got received i was reading and collecting info for visa process and found out she needed to put my details in her tax return too is it true? we got married last year in July and as i was reading info on visa process and as soon as i read that with AOS WE NEED HER TAX RETURNS FOR VISA PROCESS AS WELL IS IT TRUE? AND I ASKED HER HOW DID SHE FILLED HER TAX RETURN THIS YEAR AND SHE SAID HEAD OF HOUSEHOLD BUT DIDNT INCLUDED MY DETAILS IN IT I AM CONFUSED PLEASE HELP IS IT GONA B OK IF SHE DIDNT PUT MY DETAILS IN HER TAX RETURN AND APPLIED AS HOH ?

Rc123rc Rising Star

Rc123rc   528

Posted
Filed: Timeline
Posted

The short answer. You are married and therefore the IRS treats you as married for the entire tax year regardless if you are living in the U.S. or abroad. I would suggest she see a tax specialist to file an amended return as soon as possible. You would have to apply for a U.S. Tax ID. Form W7 unless you already has a SSN. She can still claim Married Head of Household if she has dependents living with her. Otherwise, the status is Filing Married Jointly or Married Filing Separately. Regardless, your details need to be on the tax return.

 
 

 

 

aaron2020 Grand Master

aaron2020   11,652

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Hi everyone,

I have a question regarding my wife tax return who is USC and i am her alien spouse as my 130 petition got received i was reading and collecting info for visa process and found out she needed to put my details in her tax return too is it true? we got married last year in July and as i was reading info on visa process and as soon as i read that with AOS WE NEED HER TAX RETURNS FOR VISA PROCESS AS WELL IS IT TRUE? AND I ASKED HER HOW DID SHE FILLED HER TAX RETURN THIS YEAR AND SHE SAID HEAD OF HOUSEHOLD BUT DIDNT INCLUDED MY DETAILS IN IT I AM CONFUSED PLEASE HELP IS IT GONA B OK IF SHE DIDNT PUT MY DETAILS IN HER TAX RETURN AND APPLIED AS HOH ?

The US tax system is self reporting; meaning the filer makes the decision on how to file. The IRS would only catch the mistake in filing status if the person is audited.

Your wife would need a qualified dependent to file as HOH. You are not a qualified dependent.

Your immigration visa requires her to file US tax returns. Immigration is not the IRS and will not audit her return for correctness.

Your wife may have an IRS problem.

MordecaiRigby Contributor

MordecaiRigby   29

Posted
Filed: Citizen (pnd) Country: Poland
 Timeline
Posted

Hi everyone,

I have a question regarding my wife tax return who is USC and i am her alien spouse as my 130 petition got received i was reading and collecting info for visa process and found out she needed to put my details in her tax return too is it true? we got married last year in July and as i was reading info on visa process and as soon as i read that with AOS WE NEED HER TAX RETURNS FOR VISA PROCESS AS WELL IS IT TRUE? AND I ASKED HER HOW DID SHE FILLED HER TAX RETURN THIS YEAR AND SHE SAID HEAD OF HOUSEHOLD BUT DIDNT INCLUDED MY DETAILS IN IT I AM CONFUSED PLEASE HELP IS IT GONA B OK IF SHE DIDNT PUT MY DETAILS IN HER TAX RETURN AND APPLIED AS HOH ?

We consulted an accountant about the tax situation. He filled my husband's tax returns - he put "married filing separately" (as I'm not a resident in the US yet). There was no need to even put my name or SSN (which I don't have yet) on the tax return. Instead of my name he just put "NRA" (non-resident alien).

January 2011 - met in USA

Sep 28, 2013 - wedding in Poland

USCIS:

Sep 23, 2015 - mailed I-130 package to Chicago lockbox

Nov 3, 2015 - I-130 approved (29 days from NOA1)

Nov 12, 2015 - received NOA2 via snail mail

NVC:

Jan 2, 2016 - DS-261 submitted

Feb 6, 2016 - DS-260 submitted

CONSULATE:

Apr 26, 2016 - medical exam

May 10, 2016 - interview at the Embassy in Warsaw, Poland - result: APPROVED!

May 16, 2016 - visa in hand

POE:

Jul 23, 2016 - POE: Chicago O'Hare

NATURALIZATION:

Dec 16, 2019 - filed N-400 online

Feb 24, 2020 - naturalization interview in Phoenix, AZ

Mar 10, 2020 - naturalization oath ceremony in Phoenix, AZ

Ryan H Grand Master

Ryan H   3,900

Posted
Filed: Citizen (pnd) Country: China
 Timeline
Posted

~~~Hijack posts removed.~~~

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*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

July 23, 2025:  Filed N-400 online

 

 
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