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WJC

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  1. I thought I had everything I needed, but we hit a snafu when filling out the DS-261, we entered the dates that my spouse studied abroad in Germany which then required criminal history checks for Germany.  We went ahead and requested the documents from Germany and are awaiting their reply.  They say it can take up to a month, which will then delay our records review.  

     

    Lesson learned:  If you spend 12 months or more in any other country, that is not your own, you will require a criminal history check from that country.  

     

    The waiting continues.  

     

     

  2. I did the exact same thing.  I was married in November 2017 and asked the person doing my taxes about it and they said to file single, but I did not even think about the repercussions on the AOS and the status.  When i realized it, I immediately contacted my tax preparer and they prepared an amended 1040X, which I signed and place in the mail to my spouse who needs to sign it and send it to a person in their home country that will request the ITIN number and file my taxes.  

     

    The amended 1040X actually helped me gain a significant tax break and will give me a huge tax refund check, but I hear it will take a while to get and have it processed.  I hope that when my spouse goes to the embassy for the interview that this topic will not be questioned, but if it does he will have a copy of the amended return.  

     

    I hope this information helps out.  Best of luck.

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