NVC Documentation and Interview

[Trex_and_RS 0]

Hello,  My wife and I are almost to the stage of interviewing for her visa.  Two questions have come up while researching and I cannot find the specific answers for them, hopefully someone insightful can assist.  From a tax perspective, I have never claimed her on my taxes here in the US as we are living separately currently, will this be an issue?  (I don't believe so but wanted to double check).

As far as the interview process, will I as the petitioner be required to be present for the interview?  I am the US citizen in the relationship and the petitioner on the I-130 and subsequent documents.  According to NVC (https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/interview/applicant-interview.html)  "Your sponsor/petitioner does not attend the visa interview." but it also mentions that your spouse will need to be present previous to that, this is where my confusion comes from.  So will I need to travel to my spouses country and attend the interview at the embassy selected by the NVC?

 

Thank you for the help!! This community has been incredibly helpful. 

[arken 4,197]

No issues with nit claiming your spouse in the tax filing but i hope you didn’t file your tax return as single.

 

Some embassies allow the petitioner to accompany the beneficiary while some don’t. 
 

the spouse part from NVC you quoted is not the petitioner spouse but the spouse of the beneficiary who is also immigrating to the US like in cases of sibling or parents petition.

 

 

[Trex_and_RS 0]

6 hours ago, arken said:

No issues with nit claiming your spouse in the tax filing but i hope you didn’t file your tax return as single.

 

Some embassies allow the petitioner to accompany the beneficiary while some don’t. 
 

the spouse part from NVC you quoted is not the petitioner spouse but the spouse of the beneficiary who is also immigrating to the US like in cases of sibling or parents petition.

 

 

Arken, we have never lived together and she lives in a different country as of right now.  We have not had any financial gains from one another nor do we transfer wealth in anyway.  Do you think this still would apply to the filing taxes as single?

So to the second part, me as the citizen, spouse, and petitioner, I do not need to be present for the interview that will be scheduled for her based on what they are saying correct?

[LilyJ 1,258]

2 hours ago, Trex_and_RS said:

Arken, we have never lived together and she lives in a different country as of right now.  We have not had any financial gains from one another nor do we transfer wealth in anyway.  Do you think this still would apply to the filing taxes as single?

So to the second part, me as the citizen, spouse, and petitioner, I do not need to be present for the interview that will be scheduled for her based on what they are saying correct?

Yes it still applies, if you are married on or before Dec 31 of the tax year you are filing for, you cannot file as single. You must file either married filing separately or married filing jointly, or head of household if you qualify for it. But never single.

[Murph4865 597]

4 hours ago, LilyJ said:

Yes it still applies, if you are married on or before Dec 31 of the tax year you are filing for, you cannot file as single. You must file either married filing separately or married filing jointly, or head of household if you qualify for it. But never single.

Then my CPA does not know what he is talking about after 30plus yrs in the business. My wife lives over seas and does not have a SS number yet I can not file married even though we are legally married.

[LilyJ 1,258]

5 hours ago, Murph4865 said:

Then my CPA does not know what he is talking about after 30plus yrs in the business. My wife lives over seas and does not have a SS number yet I can not file married even though we are legally married.

Yes you’re right, he doesnt know what he’s talking about then. You can absolutely file married without an SSN. Print out the completed form, write “NRA” for nonresident alien where your wife’s SSN would usually go, and file by mail. Or, apply for an ITIN for your wife and file joint. That’s the correct way to do it.

[RCable 75]

9 hours ago, Murph4865 said:

Then my CPA does not know what he is talking about after 30plus yrs in the business. My wife lives over seas and does not have a SS number yet I can not file married even though we are legally married.

You can 100% file as married when they don't have an SSN, I just did it myself with no issues. You can either apply for an ITIN for them. Or you can file as married filing separately, and put "NRA" in their SNN box. You will have to mail in your returns, you won't be able to e-file. 

Edited January 30, 2020 by RCable