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Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted (edited)
9 minutes ago, pushbrk said:

Based on my experience of never heard it being asked about in the 12 years I've been a member here, I'm willing to bet the Consular Officer will NOT ask about it, BECAUSE they already know the answer, and are fine with it, after seeing it hundreds of times already. Yes, really.

We should follow with @Pushbrk  Answer .He is telling with experience

Edited by pghknr
Filed: IR-1/CR-1 Visa Country: Belarus
Timeline
Posted
5 minutes ago, pushbrk said:

No, I'm only saying what I said.  USCIS has nothing to do with it as they never saw your tax return.  I'm saying the Consular Officer won't care about it, because they've seen it hundreds of times and know already EXACTLY why you filed that way.

What makes you think that they all know it?

Posted
16 minutes ago, pushbrk said:

No, I'm only saying what I said.  USCIS has nothing to do with it as they never saw your tax return.  I'm saying the Consular Officer won't care about it, because they've seen it hundreds of times and know already EXACTLY why you filed that way.

 

20 minutes ago, Springrain22 said:

So, to confirm: you're saying that if it has passed USCIS and NVC and reached to the embassy, the CO will NOT ask for the amended tax return because it already has been reviewed and completed at the NVC? I am sure it will be true, just trying to avoid any delays (I just cannot have them). So is it worth to amend it now (I have about 1 month until interview) or just forget as they won't ask about it?

Well i had time to amend mine, and my financials didn't change with the amendment. 

October 31, 2016 I-130 sent to Chicago Lockbox

November 4, 2016 Received text case sent to Nebraska

November 10, 2016 Received Hard copy of NOA1

Filed: IR-1/CR-1 Visa Country: Belarus
Timeline
Posted
Just now, Mary Lou said:

 

Well i had time to amend mine, and my financials didn't change with the amendment. 

Question is not about financials, but about STATUS. Amendment will actually give me MORE money from the government. My only concern is filing status which is single when I am married for 4 years already.

Posted
6 minutes ago, Springrain22 said:

Question is not about financials, but about STATUS. Amendment will actually give me MORE money from the government. My only concern is filing status which is single when I am married for 4 years already.

Ok I understand now

October 31, 2016 I-130 sent to Chicago Lockbox

November 4, 2016 Received text case sent to Nebraska

November 10, 2016 Received Hard copy of NOA1

Filed: Other Country: China
Timeline
Posted

What changes is the tax obligation, not the income or any other financial information.  Other than the always one or more persons who just can't abide the idea of any small error, the concern that need not concern anybody is whether the Consular Officer will think the filing status of Single indicates ANYTHING negative about the relationship bona fides.  I assure you, they don't.  It's part of both their TRAINING and EXPERIENCE.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Other Country: China
Timeline
Posted (edited)
11 minutes ago, Springrain22 said:

Question is not about financials, but about STATUS. Amendment will actually give me MORE money from the government. My only concern is filing status which is single when I am married for 4 years already.

Actually, the correct status means LESS money TO the government.  Taxes are a - not a + on a financial statement.  A tax "refund" (more money FROM the government) is ACTUALLY a reflection of over-payment of taxes, not some benefit from the government.

 

People like me who are self employed and don't pay quarterlies, NEVER have any money we actually PAID to the government be "refunded".  :huh:

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: IR-1/CR-1 Visa Country: Belarus
Timeline
Posted
1 minute ago, pushbrk said:

Actually, the correct status means LESS money TO the government.  Taxes are a - not a + on a financial statement.  A tax "refund" (more money FROM the government) is ACTUALLY a reflection of over-payment of taxes, not some benefit from the government.

So what I am saing is that I would get MORE money back from IRS if I filed as married than when I filed as single. I filed as single and had some amount back and if I amend it I will get around $1-2K from IRS because my tax will be LESS if I am married.

Filed: Other Country: China
Timeline
Posted

I know what you mean.  Your tax will be less.  Period.  Whether you previously overpaid your taxes through withholding is based on personal circumstance, not general fact.

 

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Other Timeline
Posted

I filed Head of Household as I met all the requirements below: 

 

If you were still legally married as of December 31, you are considered unmarried (and therefore eligible for Head of Household) if all 5 of these conditions apply:

  1. You won't be filing jointly with your spouse; and
  2. Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count); and
  3. Your home was your child's, stepchild's, or foster child's main home for more than half the year; and
  4. You paid more than half the costs of keeping up your home during the tax year; and
  5. You meet the qualifications to claim the child as your dependent, even if the other (noncustodial) parent is actually claiming the child as a dependent on their return.  

You can also be "considered unmarried" for Head of Household if your spouse was a nonresident alien at any time during the tax year and you're not treating them as a resident alien.

Married filers who are "considered unmarried" cannot file with Head of Household status if their dependent is somebody other than a child, for example a parent.

 

Would I need to adjust anything? 


 

Filed: Lift. Cond. (apr) Country: India
Timeline
Posted
5 minutes ago, August97 said:

I filed Head of Household as I met all the requirements below: 

 

If you were still legally married as of December 31, you are considered unmarried (and therefore eligible for Head of Household) if all 5 of these conditions apply:

  1. You won't be filing jointly with your spouse; and
  2. Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count); and
  3. Your home was your child's, stepchild's, or foster child's main home for more than half the year; and
  4. You paid more than half the costs of keeping up your home during the tax year; and
  5. You meet the qualifications to claim the child as your dependent, even if the other (noncustodial) parent is actually claiming the child as a dependent on their return.  

You can also be "considered unmarried" for Head of Household if your spouse was a nonresident alien at any time during the tax year and you're not treating them as a resident alien.

Married filers who are "considered unmarried" cannot file with Head of Household status if their dependent is somebody other than a child, for example a parent.

 

Would I need to adjust anything? 

May I ask the source of this info? Those 5 conditions apply to me, so I'm curious now. I filed MFJ and applied for a ITIN for my husband (which we just received). 

 

Thanks. 

 “Rivers know this: there is no hurry. We shall get there someday.” - WTP 

Spoiler

USCIS
09/07/16: I-130 mailed
09/12/16: NOA1 email
01/11/17: Received an RFE
02/20/17 RFE Response
03/01/17: NOA2 / I-130 Approved (letter)

NVC 

03/17/17: NVC received

03/21/17: Submitted DS-261 (Online Choice of Address and Agent)

03/22/17: Received DS-261+ AOS Bill
03/22/17: AOS Bill Paid
03/27/17: Received + Paid IV Bill

04/20/17: PCC + New Birth Certificate received (took 4+ weeks)
04/25/17: Sent AOS + IV Package
06/27/17: CC confirmed on the phone (NVC)
06/28/17: Interview date confirmed on the phone (NVC)
06/30/17: P4 Letter received (via email)
07/06/17: Second identical P4 email received
07/10/17: Our case left NVC
07/13/17: Case arrived at New Delhi Consulate

07/18/17: Email received from New Delhi Embassy about Biometrics/VAC

07/18/17: Email received from New Delhi Embassy (missing Marriage Certificate - must have lost it since we included this in the RFE during the USCIS stage + got approved!)

07/18/17: Biometrics scheduled via UStraveldocs site
07/21/17: Biometrics completed

07/25/17: Medical scheduled (Max in Lajpat)

07/26/17: Medical completed (will be ready to pick up in 3-4 days)
08/01/17: Medical papers ready for pickup

08/16/17: Interview Day

08/16/17: Visa Approved - Woohoo! 💕

08/17/17: Visa issued + passport ready for pickup

08/18/17: Passport and sealed envelops picked up

08/19/17: Immigration Fee ($220) paid via ELIS
08/25/17: Plane ticket purchased (POE on Sep) 😍
09/14/17: POE at Dulles 

ROC

09/10/19: I-751 Packet sent 🤘
09/20/19: NOA I-797 received! 

Here is our Embassy review and interview details http://www.visajourney.com/reviews/view-dos-cis-reviews.php?entry=22377

Filed: Other Timeline
Posted
9 minutes ago, amul said:

May I ask the source of this info? Those 5 conditions apply to me, so I'm curious now. I filed MFJ and applied for a ITIN for my husband (which we just received). 

 

Thanks. 

https://ttlc.intuit.com/questions/2567672-can-a-married-person-claim-head-of-household-filing-status

 

And this is from the official IRS site:

 

https://www.irs.gov/individuals/international-taxpayers/u-s-citizens-and-resident-aliens-abroad-head-of-household


 

Posted

While I lived abroad, my husband filed as Married Filing Separately and put NRA in my SSN field. That meant he had to paper file, but other than that there was no issue.

 

After I moved to the US and got my SSN, we amended that year's return to joint and got more money back. We used a 2555EZ form to exclude my already-taxed-in-my-home-country income.

 

If your spouse isn't here yet then you could do what my husband did above if you want to amend the single return you filed. I opted not to do the W7/ITIN form as another poster stated, it seemed like a real PITA at the time.

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. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

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:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

Posted

I went through the same exact situation and had a specialist look into my case. It turns out, if you want to file properly ( not saying your's is wrong or anything) and avoid any possible problem during the interview in the embassy.

You must retract your current filing and apply an ITIN number for your wife in lure of SSN and file as married. It is possible that the interviewer would ask why you filed single and not married when you are clearly married. 
Even spouse that live in different countries must file either joint or separate.  USC that live and earn in another country are still required to pay taxes to the US gov. 

04/21/2016 : Married

11/17/2016 : I-130 sent ( NSO marriage certificate took forever) 

11/23/2016 : I-130 case accepted notified by email NOA1

01/27/2017 : USCIS APPROVED NOA2

02/04/2017 : NOA2 hardcopy received in mail

02/28/2017 : Case received by NVC

03/02/2017 : Agent assigned 

03/07/2017 : Case number assigned with invoice

03/28/2017 : Fees paid (IV and AOS)
04/05/2017 : DS260 online form completed
04/09/2017 : IV and AOS package sent to NVC
04/12/2017 : Requested for NVC expedite
04/17/2017:  NVC expedite approved 

04/18/2017:  In Transit 

04/20/2017: Received in Manila (may schedule for interview)
05/11/2017: SLEC -CLEARED 
05/25/2017: Interview @ Manila Embassy - APPROVED

05/30/2017: VISA on hand plus packet

06/08/2017: POE: California  

06/14/2017: Social Security card received through DS260 filing

06/24/2017: Green card received 

 

CRBA 

04/10/2017: CRBA sent to Embassy via FedEx 

04/19/2017: Appointment scheduled 

05/04/2017: Interviewed and approved 

05/17/2017: CRBA certificate on hand

05/26/2017: U.S Passport on hand

06/02/2017: Paid for ECC and Extension fees

06/08/2017: POE

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted
14 minutes ago, sy1983 said:

I went through the same exact situation and had a specialist look into my case. It turns out, if you want to file properly ( not saying your's is wrong or anything) and avoid any possible problem during the interview in the embassy.

You must retract your current filing and apply an ITIN number for your wife in lure of SSN and file as married. It is possible that the interviewer would ask why you filed single and not married when you are clearly married. 
Even spouse that live in different countries must file either joint or separate.  USC that live and earn in another country are still required to pay taxes to the US gov. 

Wife is in another country, How ITIN number she will get?  @sy1983

 
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