Notice of Intent to Deny just received

[S2N 417]

42 minutes ago, JD2 said:

Is it a work around?

 

IRS Publication 17 page 23 literally states "Select this filing status by checking the 'Married filing separately' box on the Filing Status line near the top of Form 1040 or 1040-SR. Enter your spouse's full name and SSN or ITIN in the entry space at the bottom of the Filing Status section. If your spouse doesn't have and isn't required to have an SSN or ITIN, enter 'NRA' in the space for your spouse's SSN."

 

How can it be a work around if it's in the IRS's own publication?  https://www.irs.gov/pub/irs-pdf/p17.pdf.  Assuming the beneficiary isn't legally required to file a tax return, they wouldn't be required to have an SSN or ITIN.

It’s an approved workaround, but it’s still a workaround. Like entering 1 in the interest income box if you want to file taxes when you have no income. I linked you to the policy on foreign spouses above. It clearly states it’s required on all returns, even MFS. That’s been the longstanding guidance.

Just like the publication you linked to provides a way not to do that if the NRA spouse doesn’t have any tax ID. That makes it a sanctioned workaround.

 

Its unfortunately an area where there’s tension in the IRS’ guidance on what people should do. If OP is being told they can’t just write “NRA” on a return or amendment, that’s in line with what the agency has published. Not taking a hard line on that particular issue would also be in line with what they’ve published.

 

Sometimes it’s easier just to do what the government officials say than argue with them which of their multiple sets of instructions they should be following.

[JD2 171]

35 minutes ago, S2N said:

If OP is being told

I'm no expert just going by what I went through when I did it.  I assumed the OP didn't really speak directly with the IRS but was being told by accountant that an ITIN is needed.  Because when I tried to do it, I discovered it was basically an issue of whether an accountant knew how to do it and if they had software that let them e-file without an SSN or ITIN.

[S2N 417]

8 minutes ago, JD2 said:

I'm no expert just going by what I went through when I did it.  I assumed the OP didn't really speak directly with the IRS but was being told by accountant that an ITIN is needed.  Because when I tried to do it, I discovered it was basically an issue of whether an accountant knew how to do it and if they had software that let them e-file without an SSN or ITIN.

It doesn’t help that the guidance is contradictory as to what to do. An accountant that told you to do either would be right. Some states take a hard stance on this, though.
 

My general view is that there are several ways to file things that are accepted by the IRS but not on the forms as written. All 9s, NRA, declaring 1 as interest income if you have 0 in order to file, etc. those are workarounds that the IRS permits as they don’t materially impact tax, but the standard is to follow the form as written. 99/100, this type of thing doesn’t matter, but we’re dealing with the 1/100 where it might.

 

Rather than argue about the theoretical here, it’s best to look at what would help OP. An MFS filing as NRA wouldn’t help OP for immigration purposes as it doesn’t show joining of finances. It also could hurt them for tax purposes, and they’d need to amend again once their spouse is here to get MFJ. There’s really just no benefit to the MFS status for them at all at this point, and it’d be better just to wait to amend.

 

 

[W199 489]

OP needs to answer the question if he received an RFE before the NOID, and if so what did he send it?

 

It would be odd if he is married in May, then filed in June they would expect so much .. seems like there was a RFE that he didn't reply to.

[Rasputin 1]

1 hour ago, W199 said:

OP needs to answer the question if he received an RFE before the NOID, and if so what did he send it?

 

It would be odd if he is married in May, then filed in June they would expect so much .. seems like there was a RFE that he didn't reply to.

Sorry, life is crazy right now. I never received an RFE. That is why I am so upset. 

[Rasputin 1]

On 9/2/2025 at 10:23 AM, JeanneAdil said:

is the house in the USA showing her intent to move here

 

and you amend taxes with a W 7 for ITIN instead of SS #

 

Families approve ;then send affidavits from them (with English translations)

Ohio has dower rights, one of the few states that does. That means she is entitled to half the house if married, so I had to get a POA signed and notarized by the Swedish consulate when I was over there last December so I could sign for her on the title over here in the states. However, that hasn't been submitted as evidence yet since they never asked for an RFE, they just went straight to denial. I am compiling evidence now.

[Rasputin 1]

Appreciate the responses here. I am getting my composure back at this point and working on getting things straightened out with evidence.

 

One question I have is regarding adding her to some of my financial accounts. Is that something that they (USCIS) will know if I just added her? I have never added anybody before, and I imagine it isn't going to be easy with her not having a SSN. That said, I'm just curious on whether things like that if it could be counterproductive. For example, if I was to add her to a life insurance policy that would be effective in the next two weeks.

[pushbrk 13,744]

2 hours ago, Rasputin said:

Appreciate the responses here. I am getting my composure back at this point and working on getting things straightened out with evidence.

 

One question I have is regarding adding her to some of my financial accounts. Is that something that they (USCIS) will know if I just added her? I have never added anybody before, and I imagine it isn't going to be easy with her not having a SSN. That said, I'm just curious on whether things like that if it could be counterproductive. For example, if I was to add her to a life insurance policy that would be effective in the next two weeks.

Stick to real evidence.  Yes, they can detect contrived evidence.  Compare what primary evidence you could have sent to what you did send,and provide it. Primary evidence is passport stamps and boarding passes for visits, your actual joint mortgage paperwork and similar.  Photos together during those visits are also good but they are secondary.  Send them.

[Rasputin 1]

5 minutes ago, pushbrk said:

Stick to real evidence.  Yes, they can detect contrived evidence.  Compare what primary evidence you could have sent to what you did send,and provide it. Primary evidence is passport stamps and boarding passes for visits, your actual joint mortgage paperwork and similar.  Photos together during those visits are also good but they are secondary.  Send them.

What are you basing this off of? Not doubting your opinion, but are you just coming from a commonsense standpoint or do you actually know for a fact that they would contact a utility company to find out when I added my wife - or the mortgage payment account - or credit cards/banks? I can see the life insurance thing, because that has an effective date, but for the others that seems like going to an awful extent on their end. I'm going through my HR right now to hopefully get her properly added as a bene and emergency contact. They are a fortune 10 corp that has everything as self-service but don't accept foreign phone numbers, TINs instead of SSNs etc. Submitted a help desk ticket but hope to screenshot all that appropriately when and if we can get her added correctly.

 

What do folks think about enacting a will? This is something I admittedly have been lazy about, but that has to be a pretty serious case of evidence - no? I mean, even if I am just now doing these things, who would do that with a fraudulent marriage? I have also been putting that off for a while because my ex is still on the half ####### one I created a few years back.

 

The irony of this is it has gotten me off my behind to do many of the administrative things I have been putting off for us and also getting my paperwork organized and in order. Most of my free time has been spent working on my house since I moved cross country along with my job. Plus, I have to talk to her every day for an hour or to right after work while it is midnight over there usually. Like I have said, I originally submitted the evidence I had at the time and just figured they would ask for an RFE once they finally reviewed the case, not an intent to deny.

 

Today has been encouraging. Told my boss this is now priority number one in my life for the next month and that the job has to take a backseat for a bit while I work through this bureaucracy and he is totally understanding. He also agreed to be a witness/affiant if needed. I found a ton of stuff that I have saved and am working with my mortgage guy on the actual signing via POA of our house title/mortgage and her name is listed. Who would bring someone over here fraudulently only to give them half of their home? I've got love cards from wife and stepdaughter along with their gifts, records of me shipping my stepdaughter a laptop I bought for her graduation along with receipts, all money transactions between us all, gifts, everything from my last trip to Sweden - btw, USCIS seems to really want that as it shows we connected in person since the marriage. Funny that they want us to provide shared entitlements but then just assume everyone has enough money to head over to Europe to visit on a whim. 3 trips there put me way in debt.

 

Anyway, there is more, but I am feeling pretty confident at this point. I also have vetted my local congressman, and they already have automation set up for this sort of request.

 

I really would like to enact some sort of change in this process if possible. The snarky, nasty letter that they sent me is absolutely inappropriate. We have both sacrificed a ton and for a hardworking, tax paying former military man to be treated this way is bs. An RFE is one thing, but to be threatened like this is pathetic. She is an RN and this country needs those desperately. We are literally the exact case of where legal immigration should go smoothly. The fact that the USCIS expects two professional people from across the world to share things like utility bills and finances is insane until they get into the states. If they need money, I send it. As a victim of cyber stalking and theft, one can't be too careful sharing financial accounts, especially overseas and especially dealing with Filipinas who may not be the most technical and don't always understand account security.

 

There are tons of pics from our trips, our wedding photo album she shipped me, gobs of other evidence. The IRS thing is a hiccup and I have timelines I have of that and the attempted amendment. I am more concerned about that in regards to getting it straightened out moving forward. Appreciate your input man, you seem like a solid dude.

[pushbrk 13,744]

In my 20 years dealing with USCIS related issues, I've learned the difference between primary and secondary relationship evidence. I did not suggest USCIS will contact a utility company.  If you secured a joint mortgage, that's easy to document and it's dated.  The other primary evidence I suggested is also dated. Don't try to contrive anything.  They would see right through that, and its not going to help.

[W199 489]

This is really strange. You filed the I-130 just a month after the marriage, and you said you included evidence and such.  They can't possibly expect you to co-mingle everything while she is still overseas and only married for a month.  That is one reason it is a CR-1 and not an IR-1. 

 

It almost seems like the adjudicating officer was new and got confused that this is a CR-1 and you were just married. Hence, it could just be a simple mistake. 

 

Or else there is something very suspicious and odd about what you submitted that made them think this is fraudulent. If that is the case, you need to figure out what that is to overcome it.

 

Or maybe they lost all the evidence you submitted and got angry that you submitted nothing? Or maybe you didn't include it properly, for example, did you write the names, dates, and location on the back of all photos? Did you include photos with her family? Usually people put 4 per sheet and add a caption with minimum names, date, locations. 

 

I would suggest including a very clear letter explaining your relationship timeline, your Wife is overseas and you just got married, and how you have been preparing for her arrival in usa to start your life together.

 

Unfortunately, at this point, you should submit the kitchen sink with this. Include an inventory letter for all the different evidence. 

 

I would suggest you take your package and review it with a top immigration lawyer to make sure.  You don't want to cut any corners, need to overkill it, and cover every possible angle

 

[Rasputin 1]

5 hours ago, W199 said:

This is really strange. You filed the I-130 just a month after the marriage, and you said you included evidence and such.  They can't possibly expect you to co-mingle everything while she is still overseas and only married for a month.  That is one reason it is a CR-1 and not an IR-1. 

 

It almost seems like the adjudicating officer was new and got confused that this is a CR-1 and you were just married. Hence, it could just be a simple mistake. 

 

Or else there is something very suspicious and odd about what you submitted that made them think this is fraudulent. If that is the case, you need to figure out what that is to overcome it.

 

Or maybe they lost all the evidence you submitted and got angry that you submitted nothing? Or maybe you didn't include it properly, for example, did you write the names, dates, and location on the back of all photos? Did you include photos with her family? Usually people put 4 per sheet and add a caption with minimum names, date, locations. 

 

I would suggest including a very clear letter explaining your relationship timeline, your Wife is overseas and you just got married, and how you have been preparing for her arrival in usa to start your life together.

 

Unfortunately, at this point, you should submit the kitchen sink with this. Include an inventory letter for all the different evidence. 

 

I would suggest you take your package and review it with a top immigration lawyer to make sure.  You don't want to cut any corners, need to overkill it, and cover every possible angle

 

Thank you! I swear, either this dude reviewing my case did not see what I initially submitted or misread something or is on some political bent. It is insane to me. When I tell people about it, they are floored. I submitted very solid evidence for what I had at the time, which was in June 2024. My assumption was if they needed more, they would give me an RFE - and back then many were saying not to inundate them too much. Wife and I are both shocked by this, and I am not talking immigration attorney, I am talking bigger than that. This is not the American way whatsoever

 

This is a hugely fishy case of either incompetence or potential political bias if this person delved into my personal life. Bottom line, I am going to obliterate them with evidence to the point where any civil jury would never side with them. We are literally the optimal situation.

 

I really want Congressman Joyce to get a taste of this personally from me, because I feel like the USCIS has folks who may be weaponizing against those they don't agree with based off of the ridiculously nasty letter response. Thanks for getting the common sense of what I am saying.

 

[Rasputin 1]

10 hours ago, pushbrk said:

In my 20 years dealing with USCIS related issues, I've learned the difference between primary and secondary relationship evidence. I did not suggest USCIS will contact a utility company.  If you secured a joint mortgage, that's easy to document and it's dated.  The other primary evidence I suggested is also dated. Don't try to contrive anything.  They would see right through that, and its not going to help.

Okay, but I have a feeling you may not have lived life to the point where you can get effed like this guy is trying to do to me. You see everything in black and white - which is both good and bad - . This is a case worker picturing me as a political enemy. You think these folks can't look up every detail of your life at any time? Read the poster above this. It is almost like the person reviewing this has the wrong account or something weirder than that. <Deleted> Some are good folk who work hard...

 

Whatever, I am going to arm myself with proof and if there is any way possible, which there may be, I am going after this life wrecker wannabe in court. This is how we clean this country up. 

 

I will roll with the mortgage thing and to your point, why would I add all these extras? Bottom line is I love my wife and we have plenty of proof of that. If some bureaucrat blocks that in this day and age, there are recompenses, and they will pay.

Edited Thursday at 09:56 AM by Crazy Cat

[Crazy Cat 45,145]

***Offensive language removed from one comment****

[appleblossom 4,821]

5 hours ago, Rasputin said:

This is a case worker picturing me as a political enemy

I really think you’re reading too much in to this and taking it too personally. The letter wasn’t ‘nasty’, it’s a standard one from a template.  This isn’t anybody taking action for political reasons, it sounds like a case worker that somehow missed the evidence or just made a mistake. Or as said above, there’s something that’s raised a red flag for them - is there a large age gap for instance?

I know it’s easier said than done but step back, take the emotion out of it, and just give them the evidence they’ve asked for. I’m sure you’ll be approved in no time. 
 

Best of luck.