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featherB

Husband's W-2 shows him as married when he wasn't...

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Filed: AOS (pnd) Country: Colombia
Timeline
featherB,

Exactly,

I filed single and no dependents for withholding and married and three dependants for my actual tax return. It has been a non issue so far,

t

No big deal - one can declare to their employer pretty much whatever they want for their tax status in order to get the tax withholding taken from their salary to match the amount of tax they expect to owe come the end of the year. Their claimed marital status for tax withholding purposes does not have to be their correct marital status.

Yodrak

Hello all...

Sooo... I'm here, we're married, and we're just about ready to send off all the AOS stuff. I've just spotted something though, and am wondering if it might be a problem. My now-husband's employers still had him on their payroll system as married until recently, even though he got divorced five years ago. He never looks at his paystubs or anything, so didn't realise this until he printed a load of them out for me to take to my K-1 interview, and I noticed it said 'married' - his payroll dept. have since corrected it on the system (and have told him it makes no difference to anything), but his 2006 W-2 that we're going to send with the I-864 clearly says 'Taxable Marital Status: Married' on it. Of course, he is married now, but only as of last week!

Will this be a problem? Should we send some kind of explanation, or would that be more likely to invite trouble than avoid it? I was worried that it might be questioned at my visa interview if the CO spotted 'married' on his paystubs, and had a copy of an email exchange between him and his payroll dept. sorting out the error, in case they asked... but in the end, they didn't even look at the paystubs, let alone ask about it! If they had, though, at least I would have been able to explain on the spot... something I obviously can't do with AOS paperwork that we're sending to USCIS! So... to send an explanation, or to ignore it? I don't know, maybe this kind of thing is quite usual and I am (as ever) finding something to worry about unnecessarily - but I would like to avoid an RFE if possible!! So any thoughts would be appreciated...

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hey, small town girls need to hang together. Also, shut it. :devil:

Whatever! I also used to be a regular at a pub opposite the original Kinkos store. In fact it was were I met my wife. ;)

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I used to work for Kinkos! :P I know the Purple PromiseTM.

You met your wife at Kinkos????? :blink:

No, in the pub that is across the road from the original Kinkos. ;)

BTW - its not a Kinkos any more.

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A Brit met his bird in a pub? No way!

burp.gif

Where else are you supposed to meet them? I worked the Physics department of UCSB at the time. Hardly a place brimming with available totty! :)

Edited by Dr_LHA
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W2's do not show marital status.

W-2s are highly variable, each job I have worked gave me one that looked different, you cannot make this statement IMHO. Perhaps his W-2 does have that on it.

It does :) - although not, apparently, on the bit that actually needed sending! So I will relax about that hopefully-not-a-problem now.

Thats said as long as he didn't claim to be married on his 2006 tax return I don't see that there will be an issue.

Nope, he definitely didn't do that... I suppose this would explain why he's apparently surprised to find he owes so much tax each year, because his employers have been taking the wrong amount from his salary... at least that'll stop now! :)

featherB,

No big deal - one can declare to their employer pretty much whatever they want for their tax status in order to get the tax withholding taken from their salary to match the amount of tax they expect to owe come the end of the year. Their claimed marital status for tax withholding purposes does not have to be their correct marital status.

Yodrak

Thanks, Yodrak - that is good (and reassuring) to know - would be a nightmare to run into problems because he never double-checked that his employers had changed his taxable status years ago. As I said above, I will now (attempt to) relax about the whole thing!

2005 - We met

2006 - Filed I-129F

2007 - K-1 issued, moved to US, completed AOS (a busy year, immigration-wise)

2009 - Conditions lifted

2010 - Will be naturalising. Buh-bye, USCIS! smile.png

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Have just assembled the vast envelopeful of AOS stuff, and (once I've legged it over to Kinko's to take a copy of the whole lot) it will be in the post today - yay!

I mailed my RFE & other mail from that Fountain Sq. Kinkos as well. Crazy! ;)

Aaaaaand.... one mountain of photocopying at Kinkos later, the AOS package is sent - hurrah! I am now going to have a(nother) cup of tea, by way of celebration. That and do some laundry - and no, not *laundry* in the VJ sense, just in the usual clothes-washing sense of the word. :blush:

Oh, and incidentally: no, physics very much not sexy.

2005 - We met

2006 - Filed I-129F

2007 - K-1 issued, moved to US, completed AOS (a busy year, immigration-wise)

2009 - Conditions lifted

2010 - Will be naturalising. Buh-bye, USCIS! smile.png

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Nope, he definitely didn't do that... I suppose this would explain why he's apparently surprised to find he owes so much tax each year, because his employers have been taking the wrong amount from his salary... at least that'll stop now! :)

Definitely! The tax break for being married is huge.

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Filed: Timeline

featherB,

His employer has been doing exactly what he told them to do. There is a form, W-4, that one must submit to one's employer telling the employer how much should be withheld for income tax.

One would think that after the first year one would investigate why they were badly under-withheld.

Yodrak

...... I suppose this would explain why he's apparently surprised to find he owes so much tax each year, because his employers have been taking the wrong amount from his salary... at least that'll stop now!
Edited by Yodrak
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