I130 Approved, i485 on hold

[Khas061682 0]

Hi, we had our UCIS i-485 interview yesterday. I am a US citizen and have been filing my tax returns as single. My reason was, my wife doesn't have a social security number yet so I won't be able to claim her. I would love to claim her for a bigger refund but I know that its not right. This is causing me so much stress right now. I thought I was just being a good citizen not knowing that this would cost me so much trouble. Can anyone please help us? Should I upload a letter of explanation why I filed single on my tax return? I tried to explain it to the officer yesterday but she seemed to be in a hurry. No questions was asked about the marriage. It was all about the tax return. Thank you in advance for your help. God bless.

[Boiler 46,949]

ITIN?

 

Married filing Single?

[Crazy Cat 43,692]

56 minutes ago, Khas061682 said:

Hi, we had our UCIS i-485 interview yesterday. I am a US citizen and have been filing my tax returns as single. My reason was, my wife doesn't have a social security number yet so I won't be able to claim her. I would love to claim her for a bigger refund but I know that its not right. This is causing me so much stress right now. I thought I was just being a good citizen not knowing that this would cost me so much trouble. Can anyone please help us? Should I upload a letter of explanation why I filed single on my tax return? I tried to explain it to the officer yesterday but she seemed to be in a hurry. No questions was asked about the marriage. It was all about the tax return. Thank you in advance for your help. God bless.

If married, you should have filed either as Married Filing Separately or as Head of Household (if qualified).  However, this is an IRS matter.  It should not be a big deal for immigration.  I wouldn't worry about it.

From what status did your wife file the I-485?  K1 or Work, Student, Tourist Visa? 

It is very strange that an adjustment of status interview would focus on a tax return.  Did you have other evidence? 

Edited 17 hours ago by Crazy Cat

[JeanneAdil 6,934]

it's because he filed single/ he is married /can not file single 

OP even if do not have SS # , u can claim her 

 

for personal reasons now , file 1040x and claim your spouse 

the following site is usually for those living abroad but info can also be used for those awaiting SS# from the forms filed for AOS after marrying in the US

 

https://1040abroad.com/blog/expat-tax-how-to-file-taxes-if-spouse-does-not-have-ssn-or-itin/#:~:text=Your spouse does not need,may vary—check compatibility).

 

• File your tax return under Married Filing Separately.
• Enter “NRA” where your spouse’s Social Security Number would go.
• Your spouse does not need to get an ITIN unless you’re claiming certain dependents or a tax benefit that requires it.
• You can e-file your return as long as the IRS system accepts “NRA” in place of the spouse’s social security number (some software may vary—check compatibility)

[Crazy Cat 43,692]

5 minutes ago, JeanneAdil said:

it's because he filed single/ he is married /can not file single 

Agree.  But, I have not seen a single case denied or delayed due to improper filing status.  

[OldUser 9,070]

I'm not suprised. Telling one government agency you're married (USCIS), and the other one you're single (IRS) can raise eyebrows and question geniunity of marriage. At least that's what my immigration lawyer told me.

Especially if conversation was mostly about tax return, means officer wasn't super happy about this arrangement. I guess, out of 100 officers, 95 wouldn't pay attention to it and 5 would be obsessed with it.

 

On the other hand, if I-130 is approved, this means marriage is bonafide in the eyes of USCIS.

I-485 is all about different inadmissabilities related to immigrant's prior trips to the US, their interactions with law, security background, vaccinations etc.

 

Keep us updated @Khas061682. Hopefully it's just a small hold up.

 

 

Edited 16 hours ago by OldUser

[JeanneAdil 6,934]

4 hours ago, Crazy Cat said:

Agree.  But, I have not seen a single case denied or delayed due to improper filing status.  

probably not but officers are under new pressures we have not seen in the past 

 

and i mostly posted to let this USC understand he needs to file 1040x and amend taxes for the double monetary deduction /its worth money

[Khas061682 0]

It was an adjustment from a tourist visa, she is a permanent resident in Canada. I submitted a letter of explanation this morning via USCIS, hoping for a positive result. 2022 to 2023 tax filings was single - a cpa filed it for me online, she knew I was married, then 2024 I filed it myself as "married".

1 weird thing is, I swear I am not being racist at all (im Asian), the person that interviewed us had a heavy accent from Africa, we had a hard time understanding her since she talked so fast plus the accent... I wish we were assigned to somebody else, but it is what it is. Fingers crossed.

[Crazy Cat 43,692]

***Moved to Adjustment of Status from Work, Student, and Tourist Visas***

[Edward and Jaycel 1,495]

2 hours ago, Khas061682 said:

It was an adjustment from a tourist visa, she is a permanent resident in Canada. I submitted a letter of explanation this morning via USCIS, hoping for a positive result. 2022 to 2023 tax filings was single - a cpa filed it for me online, she knew I was married, then 2024 I filed it myself as "married".

1 weird thing is, I swear I am not being racist at all (im Asian), the person that interviewed us had a heavy accent from Africa, we had a hard time understanding her since she talked so fast plus the accent... I wish we were assigned to somebody else, but it is what it is. Fingers crossed.

 

What field office did your interview?