Emendez

I got ahead of myself and submitted an affidavit of support along with my I130 petition for my husband. I understand now that I was supposed to submit it to the NVC. Additionally, I incorrectly filled out the form.

First. Our case was just approved. When the case arrives to NVC, will they simply request a new affidavit of support because I submitted early or will I receive a check list for completing it incorrectly. Is there a way for me to inform them so that they can disregard the first form and I can send in a correct affidavit of support. (1) I want to file with I864EZ instead of I864. (2) I answered some of the questions incorrectly on the original affidavit of support . (3) I filed a joint tax return after I submitted the I 130 petition and need to reflect my income for 2014 .

Second. For 2014, my husband and I filed a joint tax return through the W7 /ITIN process. On the affidavit of support, however, I only want to use my salary when stating current income. Is this OK? Or do I have to use our combined income because we filed joint? I ask because he doesn't get W-2s in his country so it would be more difficult to obtain all of the backup documentation. Naturally, my current income will be my wages and will not match the adjusted gross income because his is included on the tax return. Does this matter? Note: My income is above the poverty level.

Third: I filed the original I 130 petition for my spouse in my maiden name. Since then I have changed over to my married name and all of my current documents including passport and tax return etc. are in my married name. I am the petitioner - so it's not a matter of me having a green card issued in the correct name. My concern is will I cause confusion in the process . When submitting documentation, such as the I864 and DS360 - do I use my married name? I thought to use my maiden name for consistency, but my taxes are filed in my married name. How do I update the application to my married name? Do I need to? Will it slow up the process? Do I have to submit my new passport copies? In my original I 130 I submitted my passport in my maiden name to verify my US citizenship .

Thank you.

Thanks and CONGRATS on your interview!!! Your story made my day!!! I told my husband - we can't wait!!! God bless you both!

What is the criteria for filing for an expedited visa? How do I know if we are eligible?

And Congrats!!!

I'm starting this thread about taxes and filing jointly while waiting for visa approval.

Hopefully this will help someone.

My husband and I were married on December 1, 2014. If you are married one day in the calendar year for which you are filing taxes, you must file married.

Deciding married joint or separate: In our case, filing married separate would have caused me to owe. Filing married joint gave us a return .

You CAN file married joint even if your spouse is not yet in the U.S. and has not yet received their visa.

In order to file taxes in the U.S. - you either need a Social Security number or a T I N number. A TIN number is an identification number the IRS gives to a non-resident alien for tax purposes ONLY.

To file jointly, your non-resident alien spouse must sign an affidavit that they would like to be treated as a US citizen for tax purposes only. The US spouse agrees to pay the worldwide tax for their non-alien resident spouse. Because my husband, who is from the Dominican Republic, did not have a large income - the tax I paid for his wages was minimal. When I say the tax I paid I don't mean a physical payment of money. On my tax return we simply added my wages plus his wages and I adjusted my taxes on both combined.

How to apply for a TIN and file joint:

Step one: complete your tax return. Include your alien spouses wages. Include an affidavit from your spouse stating that he or she wishes to be treated as a US citizen for tax purposes only. You will be filing a paper return.

Step two: Download the W7 form from the IRS webpage. Complete the form and attach your completed tax return. Your Alien spouse must sign the W7 form.

Step three: go to an IRS walk in center. Bring the signed W7 form, the paper copy of your IRS return (that includes the affidavit from your spouse) and your alien spouse's passport.

Step four: The IRS walk in center will receive your W7, tax return and alien spouses passport. They will file the documents together as a package.

Receiving TIN #: Within 4 to 7 weeks you will receive your alien spouses TIN number. Separately (within one week) you will receive the original passport in the mail .

Tax Return: After your TIN number has been assigned, the IRS will automatically file your return on your behalf. Once approved you should receive your return within 4 to 6 weeks.

Note: if your alien spouse is in the US - he or she can go with you to the IRS walk in center and present his passport in person. They will make a copy and return it to your spouse immediately.

Wish you well.