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Jeanne Adil

file married jointly with foreign spouse

By Jeanne Adil in Tax & Finances During US Immigration

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
17 minutes ago, GAMAJM said:

Please help!!  I am so confused about what to do..so I am hoping someone has a clear answer. I filed my tax return in January as single,  no dependents, and already got my refund:( I married my husband in August 24, 2018. He has no SS # lives in India and has been unemployed for the past couple of years. He does not have a tax ID for India.

 

My PD is September 2018, (Nebraska) so I think I have time to make any changes before the NVC process. I spoke with a tax consultant and she said fining single was ok because it was the end of the year. I now read the IRS website and that doesn't appear to be true. So do I need to amend my tax return? :( 

The tax consultant was outright wrong. What you read is correct.

Not an immigration issue, but file a 1040X to amend the return for the IRS.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Jeanne Adil
Jeanne Adil

since it it tax time and the only time you can get ITIN (individual taxpayer ID number) to claim your "out of the US spouse", i am covering the subject again follow the IRS site to do this  

Paul & Mallory
Paul & Mallory

I'm happy to see a new post about this topic! I have been doing research everywhere, including here on the forums, for helpful tips related to our particular situation, and have not come across one th

Jeanne Adil
Jeanne Adil

he is not a dependent  he is spouse  you are filing married joint /better than head of household (i think but check both ways) a spouse does not need to show an income if there is none

GAMAJM Collaborator

GAMAJM   320

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

The tax consultant was outright wrong. What you read is correct.

Not an immigration issue, but file a 1040X to amend the return for the IRS.

Do I also need to do the W7? He did not work and it seems most people do this if their spouse has an income. I just looked at the form and the 1040X asks for SS #? So do I write NRA? Thanks

 

NOA 1:           September 18, 2018

NOA 2:           August  20, 2019 

Sent NVC:      September 11, 2019

Rec NVC:       September 18, 2019

Case #           October 16, 2019

Docs Sub:      October 21, 2019

Doc Qual.       October  22, 2019 

IL:                    January 23, 2020

INT. Date:       February 11, 2020

APPROVED

POE  Date      March 11, 2020

GC Received  July 3, 2020

 

 

 

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
3 minutes ago, GAMAJM said:

Do I also need to do the W7? He did not work and it seems most people do this if their spouse has an income. I just looked at the form and the 1040X asks for SS #? So do I write NRA? Thanks

W-7 would be if you want him to get an ITIN and file jointly.

You can file Married Filing Separately and write in "NRA" for the SSN/ITIN.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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GAMAJM Collaborator

GAMAJM   320

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted
1 minute ago, geowrian said:

W-7 would be if you want him to get an ITIN and file jointly.

You can file Married Filing Separately and write in "NRA" for the SSN/ITIN.

Thank you so much! I am assuming that my tax transcript will update before the interview later this year since we have time. I just hope there isn't an issue when I get to the NVC part of uploading all of my finances if it is not corrected in the system by then since it could take a couple of months to process the amended form.

 

NOA 1:           September 18, 2018

NOA 2:           August  20, 2019 

Sent NVC:      September 11, 2019

Rec NVC:       September 18, 2019

Case #           October 16, 2019

Docs Sub:      October 21, 2019

Doc Qual.       October  22, 2019 

IL:                    January 23, 2020

INT. Date:       February 11, 2020

APPROVED

POE  Date      March 11, 2020

GC Received  July 3, 2020

 

 

 

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