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Filing of tax as married for spousal visa(merged)

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Is it ok if my USC husband wasn't able to declare as married when he filed his taxes? We already submitted our I-130 this March. If no, how can he file as married since I don't have SSN yet and still in my home country.

 

Thank you.

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32 minutes ago, MadamG said:

Hi everyone!!!! My husbands I-130 has been approved!!!! It only took 342 from the Nebraska Service Center! I’m very thankfully and it took a lot of patience. I’m hoping the NVC part speeds up lol. Just wanted to share my wait. If you want you are free to reply with your wait time and where you are with the process! 

Hi. We just sent ours this March and I'm just wondering if it's okay if my USC wasn't able to file his taxes as married since I don't have SSN yet. Thanks.

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16 minutes ago, Tsh said:

Is it ok if my USC husband wasn't able to declare as married when he filed his taxes? We already submitted our I-130 this March. If no, how can he file as married since I don't have SSN yet and still in my home country.

 

Thank you.

He should have filed married filing separate.   How did he file?


YMMV

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Posted (edited)
12 minutes ago, Tsh said:

Hi. We just sent ours this March and I'm just wondering if it's okay if my USC wasn't able to file his taxes as married since I don't have SSN yet. Thanks.

If you were married as if Dec 31 2018, he is required to file as married. Your lack of SSN does not change this requirement. I’m not sure if this needs to be corrected prior to the I864 bring completed. He can refill as MFS or get you an ITIN number for you 

https://www.google.com/amp/s/ttlc.intuit.com/questions/2973712-i-m-married-but-my-spouse-doesn-t-have-a-ssn-she-lives-outside-the-country-and-she-is-not-either-us-citizen-or-permanent-resident/amp

Edited by Lil bear

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Posted (edited)
26 minutes ago, Tsh said:

Is it ok if my USC husband wasn't able to declare as married when he filed his taxes? We already submitted our I-130 this March. If no, how can he file as married since I don't have SSN yet and still in my home country.

 

Thank you.

If you were married before December 31, 2018, you husband MUST have submitted his taxes as either "married filing jointly" or "married filing separately".  If you were married after December 31, 2018, he will file "Single". If married before, your husband should have filled out a form for a Temporary Tax Identification Number for you and submitted it with his tax forms if "married filing jointly". (You cannot do this electronically. It must be filed by mail.)  This will give you problems as you cannot file single if you are married. He needs to file an amendment right away for his taxes, or even better, pay the $100 to talk to a tax attorney or accountant. 

My wife is also out of the country and we filed "jointly". We had to fill out a form for a Tax Identification Number and send it to the IRS stapled with my Federal Return. 

Edited by SMcC

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10 minutes ago, Tsh said:

Hi. We just sent ours this March and I'm just wondering if it's okay if my USC wasn't able to file his taxes as married since I don't have SSN yet. Thanks.

Hi,

You already posted your question on another forum. It is not nice to hijack another person's post with a vastly different question and derail members from helping the OP.


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GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
GREEN CARDS RECEIVED: 23-SEP-2016
 
I-751 FILER   
FILED REMOVAL OF CONDITIONS: 25-JUN-2018
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35 minutes ago, Tsh said:

Is it ok if my USC husband wasn't able to declare as married when he filed his taxes? We already submitted our I-130 this March. If no, how can he file as married since I don't have SSN yet and still in my home country.

 

Thank you.

even if you do not have a SSN your husband could have filed married filing joint.

 

do them on paper and write in NRA in the SSN spot for you.

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~~Hijacked post from another members thread merged with posters own thread.~~


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38 minutes ago, Amadia said:

Hi,

You already posted your question on another forum. It is not nice to hijack another person's post with a vastly different question and derail members from helping the OP.

I am very sorry, but i ddnt mean to that. I saw her post and just asked her since she got approved recently. Just go ahead and merge or delete, no problem. 

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1 hour ago, Tsh said:

Is it ok if my USC husband wasn't able to declare as married when he filed his taxes? We already submitted our I-130 this March. If no, how can he file as married since I don't have SSN yet and still in my home country.

 

Thank you.

When I filed my taxes I filed head of household and it was accepted by IRS and also USCIS without an issue. 

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9 minutes ago, MrsRamirez said:

When I filed my taxes I filed head of household and it was accepted by IRS and also USCIS without an issue. 

and when you have dependents and you are not living with your spouse filing HOH is fine, however if you have no dependents you must file married filing separate and put NRA in the ssn spot

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5 hours ago, Tsh said:

Is it ok if my USC husband wasn't able to declare as married when he filed his taxes? We already submitted our I-130 this March. If no, how can he file as married since I don't have SSN yet and still in my home country.

 

Thank you.

Submit a corrected tax return either as married filing separately (write NRA where it asks for your SSN), or as married filing jointly (write ITIN applied for where it asks for SSN), and attach a W-7 ITIN application form to the corrected tax return and send to Austin by mail.  Your husband needs to do more research on this on the IRS website.  Good luck!

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You follow instructions on IRS site to file married with alien spouse 

 

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

 

alien spouse fills out W7 and with that applicaiton and supporting documents , you will have ITIN for tax purposes

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