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laowainelson

Amend Tax Return after spouse arrives in the US

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My wife and I married in 2017. For my 2017 tax filing, I had to file as "married filing separate" due to the fact that my wife did not have an SSN or ITIN as she was residing out of the country at the time.

She is now here with me in the US as a PR. Is it advisable to amend my tax return for 2017 to change our status to married filing jointly?

 

Very thankful in advance for your advice.

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You don't have to do that.  Honestly jointly or separate doesn't matter that much. As long as you filed as "married" not "single", you're fine.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Just now, Roel said:

You don't have to do that.  Honestly jointly or separate doesn't matter that much. As long as you filed as "married" not "single", you're fine.

Thank you for your answer. What about if my refund for 2017 will increase as a result of the amend?

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1 minute ago, laowainelson said:

Thank you for your answer. What about if my refund for 2017 will increase as a result of the amend?

Well, that's up to you.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Honestly I wouldn't even touch them. 


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifgiphy.gif     

 

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You can amend your return to Married filing jointly and get a good money back.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Indeed amend your return that is what we did.

 

Mind you if your wife was working - you will have to declare her world wide income too. 


ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

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Yes, yes, yes! Get your maximum refund with MFJ for all back tax years possible. Sending an amended return is a snap and they'll process it in due time. By the way, I did this exact thing when I had to file MFS, 5 years ago, due to not having an SSN nor ITIN for my wife.

 

Not really sure why others in this thread are reluctant to give you this sound tax advice.


Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

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1 hour ago, Russ&Caro said:

Yes, yes, yes! Get your maximum refund with MFJ for all back tax years possible. Sending an amended return is a snap and they'll process it in due time. By the way, I did this exact thing when I had to file MFS, 5 years ago, due to not having an SSN nor ITIN for my wife.

 

Not really sure why others in this thread are reluctant to give you this sound tax advice.

I see. Then I think I will look into filing an amendment. Thank you for your reply.

 

And also thank you all who left a comment.

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