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DAgg

Will I need to file an amended tax return?

By DAgg in IR-1 / CR-1 Spouse Visa Process & Procedures

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DAgg Contributor

DAgg   14

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Timeline
Posted

My husband and I recently got married on December 2019. Because he lives outside of the country and does not have any income reported

within the US or a SSN number, I filed my 2019 taxes as single. Will this be a problem when I submit the documents at the NVC? 

 


 

Crazy Cat Grand Master

Crazy Cat   41,981

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Filed: Citizen (apr) Country: Taiwan
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Posted

You filed incorrectly......You should amend you taxes........I have not seen a case which was denied or delayed due to incorrect tax filing status.

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

Yes you will need to amend as he filed improperly.

But that is separate from anything with immigration.

Edited by geowrian

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

 

igoyougoduke Experienced

igoyougoduke   1,662

Posted
Filed: Lift. Cond. (apr) Timeline
Posted
Just now, DAgg said:

Do I send the NVC the amended taxes or what I have right now? I don’t want to delay the process by waiting for the IRS to complete my request. 

Yes you correct your filing status and than send to NVC or else you are sending incorrect tax filings so you can save time.

duh

Punisher Explorer

Punisher   40

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
3 hours ago, DAgg said:

My husband and I recently got married on December 2019. Because he lives outside of the country and does not have any income reported

within the US or a SSN number, I filed my 2019 taxes as single. Will this be a problem when I submit the documents at the NVC? 

 


 

You must correct your filing status (your husbands income or lack of SS is irrelevant). Married person can not file as single.

 

This should be fixed  before proceeding with your case to NVC. You could probably use your 1040-X (accompanied by an explanation why you had to amend) so you don't wait for the updated transcripts, which might take a very long time (16 weeks or who knows). You could bring your updated transcripts to the interview.

 

NVC may not be a problem since this is just an pre-check for paperwork accuracy and completeness. True test would come at the consular interview where the documents are looked at and adjudicated.

payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
4 hours ago, DAgg said:

My husband and I recently got married on December 2019. Because he lives outside of the country and does not have any income reported

within the US or a SSN number, I filed my 2019 taxes as single. Will this be a problem when I submit the documents at the NVC? 

 


 

Any amendment would be informational only as MFS and single tax rates are the same 

Edited by payxibka

YMMV

 
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