Consulate interview

[ZOUHAIR514 4]

Hey everybody,

 

 

I just received the NVC notice and I have a question and hopping I get an answer for it. I filed my taxes the past 3 years since I got married. And I filed them as a head of household because I have 6 years old son. Is that going to be an issue for my wife on her interview? Thank you

[JeanneAdil 6,541]

You married in December 2018 and should have followed IRS site to file MFJ or MFS as you are married

and yes casa knows we can file this way 

u can amend with 1040x and proof of marriage with marriage certificate and copy of her ID

follow instructions from the site below

 

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

 

Will it be an issue?   who knows

Casa CO knows we can file taxes as married which start the commingling of finances process 

so,  the CO will look closer at other evidence like amount of time you have spent together 

Ages of both

and if she is of child bearing age

since you married in Morocco i am sure religion is not an issue

and if you married on 1st trip

 

your case will be at NVC for some time awaiting the interview date so file the 1040 x especially for the most recent year and when you file for 2021 file as married / u should do all 3 years but make sure u do 2020 and she has the copies

 

if she gets interview before 4/22 provide her with copy of 1040x and your W2 (for 2020) and most recent pay stubs as you will not have the IRS trancripts fast enough 

if after 4/22 she will need 2021

 

how many trips have you made to be with her

[JeanneAdil 6,541]

In a nutshell (meaning very simply)

from the IRS site

 

https://www.irs.gov/faqs/filing-requirements-status-dependents/filing-status/filing-status#:~:text=No%2C you may not file,end of the tax year.&text=If you

 

No, you may not file as head of household because you weren't legally separated from your spouse or considered unmarried at the end of the tax year. ... If you use the married filing separately filing status, you may not claim the earned income tax credit.Mar 18, 2021

[ZOUHAIR514 4]

So I have to do amended return and pay back IRS the tax credit that I got for my son?

[Chancy 6,241]

On 8/14/2021 at 12:07 AM, Zizou514 said:

I filed them as a head of household because I have 6 years old son. Is that going to be an issue for my wife on her interview?

 

Did you live in the same house as your wife for more than 6 months in the tax year?  If so, then you should have filed as Married (either filing Jointly or Separately), not as Head of Household.

 

If you and your wife lived separately in different countries for most of the tax year, then yes, you may file as Head of Household.  No issue with IRS -- https://www.irs.gov/publications/p501#en_US_2020_publink1000220727

 

"Married persons living apart.  If you live apart from your spouse and meet certain tests, you may be able to file as head of household even if you aren't divorced or legally separated. If you qualify to file as head of household instead of as married filing separately, your standard deduction will be higher. Also, your tax may be lower, and you may be able to claim the earned income credit."

 

As for the visa interview, it depends on your other evidence of bona fide relationship.  If you have a lot of other evidence, filing as HoH would not matter much.  But if you don't have much evidence, filing as Married would have helped.

 

[ZOUHAIR514 4]

Thank you so much for your help. I believe I have enough evidences such as money transfer to support my wife, pictures together, added her on my auto insurance, screen shots of conversations..