USCIS interview failed because of lack of documentation showing joint assets and liabilities

[gregcrs2 1,777]

2 minutes ago, Farrah Lawson said:

Excuse me, are you IRS staff? If you are, then it must be a huge discrepancy here. The IRS cleary instructed us what to do and what not to do.

"you still have to put your spouse name on your taxes since you're married and you're not eligible to file as single." - I am to the full extent eligible to file taxes as single. Clear instructions from IRS. Nothing wrong, nothing illegal (I did not "skipped the law").

SO you have that in writing from the IRS?  

[Roel 7,191]

2 minutes ago, Farrah Lawson said:

 I am to the full extent eligible to file taxes as single. Clear instructions from IRS. Nothing wrong, nothing illegal (I did not "skipped the law").

This is wrong and surprisingly a large number of people think is ok to file taxes as single when they are married to immigrants.. 

 

Your martial status is married so you file as married. 

[Roel 7,191]

https://www.hrblock.com/tax-center/filing/personal-tax-planning/filing-taxes-when-married-to-non-us-citizen/

 

"The IRS defers to state or foreign law to determine whether you have a valid marriage. In most cases, a marriage in a foreign country is valid for U.S. tax purposes. Married individuals are not allowed to file under the single filing status, and when you are married to a non-U.S. spouse (referred to as a nonresident spouse) you are also unable to file a joint return unless a separate election is made to do so."

 

you're not the first or last to receive a bad advice from a lawyer or irs  - truth is, some people are just not aware how those things work when us citizen marries a foreigner. 

 

fix this and provide your new taxes as married as your relationship evidence. 

[A&H2018 146]

Your spouse resides in the USA, but works on a visitor visa and not a work visa? Your spouse gets paid in europe but resides in the usa and pays no taxes in the usa?

 

huh? 

 

Or do you mean earlier this year before your spouse came to the usa?

[Farrah Lawson 9]

8 minutes ago, Roel said:

 

1. You still Have To put your spouse name on your taxes. Even if she doesn't have income. But you're not eligible to file as single. That would be good enough evidence when you file married but separate. 

2. You said you included EAD application in your AOS though. How come you never received it? 

 

Anyway. Did they ask you bring extra evidences and do second interview or do you have to file AOS again? Sorry I honestly didn't read through the whole of your long post. No matter how much you complain you still gotta do something to make your wife legal and maybe now you have more knowledge on what kind of evidences you need. 

"1. You still Have To put your spouse name on your taxes. Even if she doesn't have income. But you're not eligible to file as single. That would be good enough evidence when you file married but separate." - FALSE.  If you got this information from an "immigration attorney' do not rely on it. If you want to find out official free from ambiguity information about taxes, talk to IRS.

 

"2. You said you included EAD application in your AOS though. How come you never received it? " - USCIS did not issue anything. At the interview we were bewildered by the USCIS worker's words: "I don’t see any proof of a real marriage”. “Okay, I will see you out now!” She stood up and came next to the chairs we were sitting on waiting for us to leave.

[Farrah Lawson 9]

12 minutes ago, gregcrs2 said:

SO you have that in writing from the IRS?  

The phone conversation was on speaker and recorded (voice memo in our phones - shared afterwards through AirDrop).

[A&H2018 146]

Also field office and timeline?

[Farrah Lawson 9]

14 minutes ago, Roel said:

This is wrong and surprisingly a large number of people think is ok to file taxes as single when they are married to immigrants.. 

 

Your martial status is married so you file as married. 

An "immigration attorney" must have told you that.

[Roel 7,191]

4 minutes ago, Farrah Lawson said:

An "immigration attorney" must have told you that.

I didn't need one. I did my k1, AOS and ROC all by myself. 

 

Also good luck with your case but no point helping someone who rejects every piece of advice people try to give him. You seem to be 100% sure you're right anyway. 

[little immigrant 800]

"Single Filing Status.  Single filing status generally applies if you are not married, divorced or legally separated according to state law." 

https://www.irs.gov/newsroom/determining-your-correct-filing-status

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

Official IRS website, no immigrant lawyer. 

 

[Farrah Lawson 9]

19 minutes ago, Roel said:

Anyway. Did they ask you bring extra evidences and do second interview or do you have to file AOS again? Sorry I honestly didn't read through the whole of your long post. No matter how much you complain you still gotta do something to make your wife legal and maybe now you have more knowledge on what kind of evidences you need. 

They did not ask for anything extra as supporting evidence. "You may file a motion or appeal the USCIS decision to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA) [....]"

 

 

"No matter how much you complain you still gotta do something to make your wife legal and maybe now you have more knowledge on what kind of evidences you need." - We are not really complaining. We were hoping that well prepared lawyers or people with similar experiences could share more info with us. 

 

We do not have more knowledge now. What we  know in addition is that a USCIS worker can ignore you when talking and tell you "I don’t see any proof of a real marriage”. “Okay, I will see you out now.”  We honestly did not know that before.

[A&H2018 146]

The information about your spouse work, taxes and no alien # make little sense truly. IRS has to know all foreign income and assets someone holds annually who resides in the USA the moment you did AOS that tax treatment should change for your spouse.

[Farrah Lawson 9]

11 minutes ago, Roel said:

I didn't need one. I did my k1, AOS and ROC all by myself. 

 

Also good luck with your case but no point helping someone who rejects every piece of advice people try to give him. You seem to be 100% sure you're right anyway. 

Congratulations on your successful application on your own. Not many people have the desire to deal with USCIS without having an "immigration attorney". We have the courage that enables us to encounter difficulties and risks (we also did everything by ourselves). Numerous petitioners and applicants think that enlisting the services of a lawyer secures future benefits. It is not true.

 

"Also good luck with your case but no point helping someone who rejects every piece of advice people try to give him. You seem to be 100% sure you're right anyway." - Thank you for your good wishes. We do not reject any piece of advice relevant to our particular case. We are sure about the information we have. Everything we read or hear is checked against the official sources.  

[Unlockable 7,306]

You have to file either married filing separately or married filing jointly for your tax returns.

 

You can no longer file as single.

[gregcrs2 1,777]

The tax rates are the same whether filing Married Filing Separately or filing Single.  Common sense should prevail that if you are married, you should not be filing Single.

Edited May 17, 2018 by gregcrs2
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