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By Awalnet in Tax & Finances During US Immigration

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Awalnet Apprentice

Awalnet   1

Posted
Filed: IR-1/CR-1 Visa Country: Nigeria
 Timeline
Posted

We got married June 2018 and I came to the state November 2019 with CR1 visa... I am the green card holder... My wife filed her 2018 and 2019 taxes has single but will be filing married jointly for 2020... I will be removing condition on my green card by August 2021 this year... I don't know if I should submit only the 2020 tax return after filing or should also submit the one for 2019 which she filed has single...

Crazy Cat Grand Master

Crazy Cat   41,979

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

Your wife used the incorrect filing status for 2018 and 2019. She should amend those returns to Married filing Separately.  Why did she not file a joint return for 2019?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

mushroomspore Proficient

mushroomspore   3,044

Posted
Filed: Citizen (apr) Timeline
Posted
42 minutes ago, Awalnet said:

We got married June 2018 and I came to the state November 2019 with CR1 visa... I am the green card holder... My wife filed her 2018 and 2019 taxes has single but will be filing married jointly for 2020... I will be removing condition on my green card by August 2021 this year... I don't know if I should submit only the 2020 tax return after filing or should also submit the one for 2019 which she filed has single...

She needs to get the tax returns amended. As Lucky Cat asked, why did she file as "single" for 2019?

da95826 Rising Star

da95826   387

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

You both can file amended tax returns for 2019 to Married filed jointly tax return contact a tax preparer to help you with that. Then you will have two years of joint tax returns to submit as proof to USCIS.

 

Looks like will need to amend the 2018 tax retunes also to married filing separately. 

 

It would be best to fix the issue with IRS.

 

K1 Visa Arrived USA July 2017

Married August 2017

AOS Approved July 2018

 

Filed for i751 joint application May 2020

Fingerprints reused October 2020, and February 2021 and June 2021 (Yes 3 fingerprint notices)

Case move to National Benefits Center December 2020 for quicker processing from California Service Center

Oct 2021 out of processing time inquiry made, response May 5th 2022 that our i751 case will be addressed at our n400 interview

Combo interview May 16th 2022, in Sacramento

Approved June 08, 2022

 

Filed for Naturalization May 2021

Fingerprints reused May 2021

Combo interview May 16th 2022, in Sacramento, 

Approved June 08, 2022

Oath Ceremony completed June 29th 2022

 

mindthegap Experienced

mindthegap   2,590

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted

Tax returns are not a mandatory document for removal of conditions. they do make excellent evidence, but they are by no means essential. 

This is an IRS issue not an USCIS issue 

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Awalnet Apprentice

Awalnet   1

Posted
Filed: IR-1/CR-1 Visa Country: Nigeria
 Timeline
  • Author
Posted

okay thank you very much I will let her know... Do you know how long it will take the Irs to make the amends? Married filling separately or married filing jointly... Also should we do both 2018 and 2019 or just 2019?

 

da95826 Rising Star

da95826   387

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

If you were out of the USA for the whole year she would file separately (you would not file USA taxes at all when out of USA) she would amend her tax return to married filing separately. 

 

You and her would file 2019 amended tax return filing married filed jointly because you and her were in USA together for part of the year 2019. 

 

And you and her will file 2020 tax return married filing jointly. 

 

That should fix your tax issue and give you good proof of your bonified marriage.  

 

K1 Visa Arrived USA July 2017

Married August 2017

AOS Approved July 2018

 

Filed for i751 joint application May 2020

Fingerprints reused October 2020, and February 2021 and June 2021 (Yes 3 fingerprint notices)

Case move to National Benefits Center December 2020 for quicker processing from California Service Center

Oct 2021 out of processing time inquiry made, response May 5th 2022 that our i751 case will be addressed at our n400 interview

Combo interview May 16th 2022, in Sacramento

Approved June 08, 2022

 

Filed for Naturalization May 2021

Fingerprints reused May 2021

Combo interview May 16th 2022, in Sacramento, 

Approved June 08, 2022

Oath Ceremony completed June 29th 2022

 

Crazy Cat Grand Master

Crazy Cat   41,979

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
7 minutes ago, da95826 said:

You and her would file 2019 amended tax return filing married filed jointly because you and her were in USA together for part of the year 2019. 

 

And you and her will file 2020 tax return married filing jointly.

You are making assumptions which may or may not benefit the OP.  Depending on the new immigrant's foreign income, etc. it might be beneficial for her to file Married-Filing Separately for 2019.    That's what my accountant recommended for us my wife's first year.

I am moving this thread to Taxes and Finance during US Immigration.

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

ekim Explorer

ekim   10

Posted
Filed: Timeline
Posted
13 hours ago, Awalnet said:

I will ask her to amend it to married filing separately for just 2019 then 2020 we both file married filing jointly... Thanks...

I think you can amend both 2018 and 2019 to Married filing jointly. You have 3 years to amend your returns from filing date. This is more beneficial especially if you did not earn any income during these tax periods. Expect to get some refunds from IRS.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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