Farrah Lawson

On 5/24/2018 at 12:04 PM, isa_bella said:

I came across this dilemma 2 months ago too, but managed to get around it. I have no Ssn and not eligible to apply for itin as I have a ssn application pending (AOS applicant). We filed Married Filing Separately. Filled it out on TurboTax online and printed it out for a mailed return. For my ssn, we put NRA. No problems with it and our return as been processed and being mailed to us now. 

Our state doesn't require taxes, so I didn't have to do state filing. Might be different for you.

Thank you.

1 hour ago, MelandJason said:

Farrah we used married filing jointly, and NO I dont have SSN or ITIN and we got back the check in the mail, we just add the form that I told you before  and mailed physically

We will go in person to the IRS local field office and submit the amended taxes (married filing jointly) along with the Form W-7, application for an ITIN (if eligible). We already applied for a SSN through the Form I-765, Application for Employment Authorization, but USCIS has never initiated the filing. Social Security Administration has never received an application for a SSN on my spouse's name.

11 hours ago, MelandJason said:

Hi Farrah I am going to tell you our experience, my husband has an accounting person that make his taxes return every year, sooo he made 2017 and he send to is the forma ready to print and "mail it" sooo we had to print and send by mail 3 packages because he has his living adress in one State, his working adress in other State; sooo was like this

1.- X state tax income with a check (he always pay money)

2.- Y state tax income

3.- IRS federal tax income

 

And  we add the form Form 8948, Preparer Explanation for Not Filing Electronically

 

But told us that when I get my SSN we need to send to him a copy.

 

I hope this help you 

How does your husband file, which status does he use for taxes? Married filing separately (MFS) or Married filing jointly (MFJ)?

Do you have an ITIN? Did you get your Employment Authorization card?

Thank you.

22 hours ago, MyJourney said:

You are on the right track Farrah. Go to the Local Assistance Center, they will verify passports for free (unlike certified acceptance agents) and will review your application as a whole as well. If there are any shortcomings, they will ask you to fix them and then hey will put a rectangular stamp on your application and they will forward it on to the necessary IRS addresses, you don't have to do anything afterwards. Also, I think that stamp can help a lot in the process. 
Those centers are there to help and assist taxpayers, don't ever hesitate to use their services. Good luck.  

Do we get the application with that stamp back?

1 hour ago, NikLR said:

No one is attacking.  I did EVERYTHING in my journey legally and by the book.  But instead of calling federal agencies, I did the research myself and read the publications and instructions. Even if someone suggested something here, or elsewhere, I still research it myself.  The first year I was here I had to do taxes in two countries, on paper.  It sucks when you don't have a program to fill everything out for you, but you certainly learn how to do it. 

We are trying to get the ITIN. We will amend the taxes as well.

We made an appointment with the local Taxpayer Assistance Center (TAC) but it takes 5 weeks. The IRS operator told us that a Certified Acceptance Agent could sort it out for us and we wouldn't have to wait. We called one and they said that they only fill out the W-7 form and checks the Form 1040 Individual Income Tax Return. They give us back the W-7 and we are responsible for submitting the documentation to IRS. So that means that we still need an appointment. We can submit the documentation by mail, but we don't want to send the passport in original. If we go in person, we get the passport back same day.

1 hour ago, MyJourney said:

you need to apply for and get ITIN if you wish to get the tax deduction as married, filing jointly. You can get the ITIN in about 4-5 weeks, if you file properly. 

Duly noted.

Thank you.

3 hours ago, NikLR said:

I understand that.  The IRS phone line is like the USCIS phone line, notoriously erroneous.  I am explaining to you, that what you were told, was incorrect. 

People do what they are told by the revenue service of the US Federal Government and afterwards these people (who want to do everything legally, by the book) bear the consequences.

And when the situation is described here, many posters are in a rush to criticize and attack.

45 minutes ago, arken said:

That means you aren’t getting correct information from whoever been telling these things to you. 

 

If you don’t want to go thru the hassle of ITIN, you can just file married filing separately by just putting NRA in place of SSN like the previous poster mentioned.

 

You are trying to get ITIN for your spouse for tax filing purpose and you want documentation showing exception for your spouse’s tax filing requirement???

Most posters said that for the ITIN my non-resident alien spouse will need the form W-7 and the passport.

IRS says that it will not issue an ITIN if the applicant does not file "a valid U.S. Federal income tax return" at the same time. This income tax return must be submitted along with the form W-7, application for ITIN and the passport. We don't know what exactly what can my spouse file as income tax return as the income. 

All ITIN applications (including those submitted by Acceptance Agents) must have an original valid U.S. Federal income tax return attached to Form W-7. ITINs will not be assigned prior to the taxpayer filing a valid U.S. Federal income tax return (Form 1040, 1040A, 1040EZ, 1040NR, 1040NR-EZ, 1040X), to pay or claim withheld taxes unless an “exception” to the tax return filing requirement is met (see “Exceptions” later in this publication) or you are renewing your ITIN.

Generally a U.S. Federal income tax return must accompany the ITIN application, unless the individual meets one of the “exceptions” (see "Exceptions", later) or is renewing an existing ITIN. Caution: Applications for individuals who are applying for a new ITIN as a spouse or a dependent of a primary taxpayer, must attach a valid U.S. Federal income tax return to the Form W-7. ITINs are issued regardless of immigration status because both resident and nonresident aliens may have United States Federal tax filing and payment responsibilities under the Internal Revenue Code.

14 hours ago, JayDGODITRUST said:

As stated by a fellow VJ that they got theirs done by applying for an ITIN. This is it you’re in process but you don’t have it as yet (SSN) taxes to be done file and apply for the ITIN you can submit your W7 form along with the passport or if you wanna make an appointment and go to the IRS office with a completed tax return filled out and apply in person for the ITIN that way it eliminates you from mailing your passport to irs and have to wait for them to send it back to you. 

Thats what we did attend the IRS office by appointment and got it done. 

Good luck 

We need to find out what what documentation is needed to prove that my non-resident spouse meets an exception to the tax return filing requirement. We are preparing the form W-7 now but we read that IRS requires an income tax return along with the form W-7 and the passport.

Generally a U.S. Federal income tax return must accompany the ITIN application, unless the individual meets one of the “exceptions” or is renewing an existing ITIN. Caution: Applications for individuals who are applying for a new ITIN as a spouse or a dependent of a primary taxpayer, must attach a valid U.S. Federal income tax return to the Form W-7. 

All ITIN applications (including those submitted by Acceptance Agents) must have an original valid U.S. Federal income tax return attached to Form W-7. ITINs will not be assigned prior to the taxpayer filing a valid U.S. Federal income tax return (Form 1040, 1040A, 1040EZ, 1040NR, 1040NR-EZ, 1040X), to pay or claim withheld taxes unless an “exception” to the tax return filing requirement is met or you are renewing your ITIN.

15 hours ago, missileman said:

You can amend the STATUS from "single" to "married filing separately".  You then list your spouse's name and enter "NRA" in the space for his/her SSN.   This method allows you to file under the correct status if you previously filed as "single".

 

You cannot file "married filing joint" if he does not have a SSN.

We have been told that I can file as "married filing separately" only if both parties itemize. My non-resident alien spouse has nothing to itemize.

14 hours ago, EandH0904 said:

My husband still lives overseas. I filed for an ITIN and had his itin sent to me in the mail within 4 weeks. 

 

Had nothing showing he didn't qualify for SSN.  Sent a certified copy of his passport, had an accountant fill out a certificate or accuracy (maybe it was certificate of authenticity) with the W7 and had zero problems. 

Thank you for your prompt reply.

Did your husband file an income tax return as well when you filed for the ITIN?  If he didn't, what documentation did IRS ask from you to prove that he met an exception to the tax return filing?

All ITIN applications (including those submitted by Acceptance Agents) must have an original valid U.S. Federal income tax return attached to Form W-7. ITINs will not be assigned prior to the taxpayer filing a valid U.S. Federal income tax return (Form 1040, 1040A, 1040EZ, 1040NR, 1040NR-EZ, 1040X), to pay or claim withheld taxes unless an “exception” to the tax return filing requirement is met (see “Exceptions” later in this publication) or you are renewing your ITIN. https://www.irs.gov/pub/irs-pdf/p1915.pdf

8 minutes ago, EandH0904 said:

As I wrote above, my ITIN number came in 4 weeks. You can submit your amended return with your ITIN. They will send the return on after they attach the number to it. 

I believe we have to go together at the Taxpayer Assitance Center (IRS local office) so my spouse will submit the form W-7 and the passport in original and I will submit my amended taxes together (with my spouse's W-7 application). Can I give my amended taxes paperwork to my spouse to submit them along with the W-7 form? My medical condition makes difficult any movement.

31 minutes ago, JayDGODITRUST said:

As stated by a fellow VJ that they got theirs done by applying for an ITIN. This is it you’re in process but you don’t have it as yet (SSN) taxes to be done file and apply for the ITIN you can submit your W7 form along with the passport or if you wanna make an appointment and go to the IRS office with a completed tax return filled out and apply in person for the ITIN that way it eliminates you from mailing your passport to irs and have to wait for them to send it back to you. 

Thats what we did attend the IRS office by appointment and got it done. 

Good luck 

Thank you for your reply.

So if my non-resident alien spouse goes in person at an IRS local office they will give the passport back same day? 

How long until you got the ITIN?

When can I submit my amended taxes in my capacity as US citizen spouse? Do I need to wait for my non-resident alien spouse's ITIN to arrive in our mail and after that I file my taxes (amended)?

Thank you so much.

32 minutes ago, missileman said:

You can amend the STATUS from "single" to "married filing separately".  You then list your spouse's name and enter "NRA" in the space for his/her SSN.   This method allows you to file under the correct status if you previously filed as "single".

 

You cannot file "married filing joint" if he does not have a SSN.

The IRS processes returns showing SSNs or ITINs in the blanks where tax forms request SSNs. The IRS no longer accepts, and will not process, forms showing “SSA205c”, “applied for”, “NRA”, blanks, etc.   https://www.***removed***/newcomer/itin.html  (link suggested by VJ users)

Hello, 

We have been advised by numerous VJ users to amend my taxes as I did not filed as married. They say that we need to apply for an ITIN for my spouse in order to amend my U.S. Federal income tax return.

We checked on the IRS official website and it says: 

If you have an application for a SSN pending, do not file Form W-7/W7(SP). Complete Form W-7/W-7(SP) only when the SSA notifies you that a SSN cannot be issued. Proof that the SSA denied your request for a SSN must be included with your submission of Form W-7/ W-7(SP), whether you are attaching your U.S Federal income tax return or requesting an ITIN under one of the “exceptions”. 

When we filed concurrently, we also submitted Form I-765, Application for Employment Authorization. We applied for a SSN through that form (on page 1, Item 10. "Do you want the SSA to issue you a Social Security Card?"

How can I amend my taxes if my spouse does not have:

1. a SSN issued;

2. a notification from SSA that a SSN cannot be issued;

3. an ITIN (as we cannot apply for an ITIN since SSA did not notified us that a SSN cannot be issued)?

Thank you.

1 hour ago, N-o-l-a said:

 

A lot of people have this, but in the OP's defense at one year married and the entire time living together, we only had 2 joint bank accounts and that was only because my husband had a SSN and was working legally in the US.  

 

We didn't have any of this joint tenancy, joint insurance, joint cards, joint assets else than the accounts, etc.

 

Gosh, it wasn't until 1 - 2 years that we got joint health insurance and life insurance.

 

We still don't have joint ownership or lease of a house and we've been married more than 5.5 years.  I own the house.

 

The only reason we jointly own a car is a misunderstanding at the car dealership and my laziness in fixing that.  Otherwise, again, it'd be just mine.

 

Otherwise, pretty much everything would be in my name.

 

In defense of the OP, I could see that a person might not assume that you need those things, because some of us don't.   Frankly, I think it is kind of stupid to put an immigrant spouse on all of your assets.  That isn't the reason I haven't, it is just my pre-marriage money and I'd rather not co-mingle it.  USCIS has never had a problem with that.

A lot of people don't see it that way. Neither USCIS. Or especially USCIS. However, I don't have a problem putting my spouse's name on my bank accounts, or a lease. We have tried, the answers were negative. It is easy to be judgmental especially when you don't know the people and everything is based on statements made here or information provided through USCIS forms.

We tried to obtain joint bank accounts ownership and we couldn't. We tried to find out about leases and we could get on my name only. 

We called USCIS and IRS about filing taxes, we received instructions, we filed accordingly. We did what we have been told. 

We didn't know that we could submit pictures with the AOS package. We thought that they were necessary at the interview. Based on inaccurate information (advice without official verification) we made the mistake of bringing digital content at the interview.

The USCIS worker did not allow us to come back (or submit the pictures-printouts at a later time). At the beginning of the interview she made a phone call to a person (while we were talking, and there was no apologize for interruption) who just had the interview that morning and asked her to return "before 2 PM" with some documents. We could have done the same but were not allowed. She just said no to everything else. 

She did not consider anything other than our passport copies. She did the oath thing with us and she asked us dates of birth, first names of parents and when the marriage took place. 

I asked her if my spouse could get a driving license provided the EAD was issued. She looked at us and asked if we even filed the Form I-765, Application for Employment Authorization. We filed concurrently everything, the whole package (Form I-130, Petition for Alien Relative, and Form I-130A, Supplemental Information for Spouse Beneficiary, Form G325a, Form I-485, Application to register permanent residence or adjust status, I-864, Affidavit of Support Under Section 213A of the INA, I-765, Application for Employment Authorization and I-131, Application for Travel Document). 

How is that acceptable for a USCIS worker who deals with a very serious legal matter not tot check all the forms submitted prior to our interview? She did not even read our case. Basically she just went in search of property documents (joint assets ownership) as the first consideration or point. There was a note written in red color attached to our paperwork. She took that note and started inquiring repeatedly for joint assets, property documentation, cars, house, joint bank accounts, lease and taxes. The same question was asked multiple times and afterwards she said "I see no proof of a real marriage. OK, I will see you out now."  She stood up and waited for us to do the same and exit the office. That's that.

2 hours ago, Going through said:

If you are filing AOS from within the US, then yes she has an "official US address"---the address where she physically lives with you.  

We went to the bank for joint accounts ownership thing, they saw on the passport the admission stamp as visitor (non-immigrant) and it didn't help. That was before submitting the paperwork. We told them that we needed joint accounts ownership (after reading online about AOS) and they asked for SSN and utility bills on my spouse's name. We told them that this was a catch 22 as we would not get those without having joint bank accounts ownership. They apologized and said that that was the policy. We did not look for other banks to check their policies. My medical condition doesn't really let me run too much.

So we sent our AOS package (concurrent filing) without joint bank accounts, no lease and taxes filed on my name alone as per IRS instructions received over the phone. We did call USCIS and IRS before doing that as we wanted to do everything that is required officially.

Now, after filing and after the interview, how can we prove the official US address to a bank or any other institution? With the copies of the USCIS forms submitted where we have the physical address and the mailing address? They are just photocopies without any stamp or authorized USCIS signatures... With the Forms I-797C, Notice of Action?

How can we make the bank accept those? We just called the bank and they confirmed that a SSN and utility bills on my spouse's name are required. We can have utility bills on my name only. We didn't say anything about having copies of the USCIS forms submitted and  Forms I-797C, Notice of Action.

We also looked for leases and rental agreements, made phone calls... They would not put my spouse's name on the lease until we have something issued by the US Government such as SSN, EAD, etc. 

Thank you for you assistance with this matter. We are grateful and appreciate all the advice received from all the VJ members here.Took notes and trying to fix things now. So far we get the same answers (from the bank and about leases).

16 minutes ago, Going through said:

Perhaps affidavits from family members will help showing you live together as a married couple, how long you stay with each of them, etc.

We had those affidavits and the USCIS worker refused to consider them. She did not touch them. She did not read them.

She insisted on property documents, joint bank accounts, a lease, and taxes filed together.

We tried to explain why  there are no properties and a lease, she said "I don’t see any proof of a real marriage”. “Okay, I will see you out now.”  and kicked us out.

51 minutes ago, Rusty72 said:

Then your just wasting everyones time...

 

 

Rusty72, joint assets are not an official requirement. Joint assets or liabilities are not mandatory. There is no such thing stated anywhere.

I sold my properties many years ago and now I'm enjoying my retirement (hopefully it will be better after the surgery). My spouse is the beneficiary of my life insurance, there are joint credit cards and many other proof of a legitimate / real / valid marriage.

USCIS cannot force me to buy again a house and cars. We have a place in Europe, a car and watercraft. In the US we stay at the hotel and at our relatives. We use their cars. Why should we need a lease or properties? 

53 minutes ago, gregcrs2 said:

Doing the same old thing will likely get you the same old results!  Sorry, but the more of your responses I read, the more I agree with the IO's decision.  

gregcrs2, we met outside of the US 2 years ago. I have a place in Europe. I do not own property in the US any longer. We stay at the hotel near a hospital due to my medical condition and between family members. There are many houses where we are always welcome together with our dog.

I sold my house, my cars, my watercraft, my motorcycle. Everything else is in storage units in different states.

There is no need to get a lease showing joint tenancy of a common residence since we have so many family members that we stay at and they let us use their cars as well.

I will not buy a house nor cars just to please some USCIS worker. I made a decision long time ago about not having properties in this country anymore. It is my right and I will not reverse that because USCIS might like it.

1 hour ago, RLA said:

Indeed, there is a difference.  Joint assets are not a must, and in theory you could do without them.  However, most other types of evidence are considered pretty weak (even if USCIS' official instruction don't say that), see the post linked below.  Excerpt:

 

"Photos are good, kind of expected, but NOT primary evidence. [...] Affidavits from friends or family do not have a lot of weight. None of these things are BAD and in conjunction with other evidence are fine, but not enough to prove anything themselves."

 

It seems that you only presented "weak" evidence, and so it's no wonder you got denied.  

 

 

RLA, thank you for your reply to our comment and for the link.

Joint bank accounts, joint tax returns, joint ownership of property, cars. Joint leases. Joint insurance. Named as beneficiaries on life insurance and medical insurance. Joint credit cards. Any other joining of financial interests (the theory is that if one is willing to risk your property and money the relationship is more likely valid) Government documents showing common address, drivers lisence, etc. 

Answer:  We have joint credit cards showing that I and my spouse have combined our financial resources.

We have my life insurance document - showing that my spouse and my son are the beneficiaries.

We have invoices, receipts, proof of payments processed, records of money transfers, etc. - showing that we share financially responsibility.

We have Government issued documents showing name change after marriage (Social Security Card, passport, driving license, professional licenses). My spouse can not have an official US address as there are no other documents than the passport showing that the admission was as a visitor (B-2) at the last arrival in the US. My spouse entered the US on a temporary basis (non-immigrant visa).

Any other joining of financial interests (the theory is that if one is willing to risk your property and money the relationship is more likely valid)  - The joint credit cards show exactly that. Moreover, I have given my spouse a check at our wedding that can be used at anytime to debit my bank account for the amount of the check. There are also records of money transfers and a lot of gifts (including payments proof for jewelry and diamond certificates).

The USCIS worker's exact words were: “I don’t see any proof of a real marriage”. That is more than a sign of suspicion on her part as to the bona fides of our marriage, that means that our marriage is a fraud in her eyes. But there was no scrutiny from the federal government as we expected. There was no real investigation on our case.

I would like to mention again that during that interview there were no questions on each other about: 

• Wedding (place, time, how did we get to the ceremony, who attended, witnesses, reverend, cake, drinks, our song, gifts, etc.);
• Wedding ring and bands (when and where we purchased them, how we paid, diamond certificate, etc.);
• Name change on the official documents after marriage (ID’s, Social Security Card, professional licenses);
• Our families, if we know each other’s family and if we stay in touch with the family members;
• My son (if he knows my spouse, if he was at our wedding, if we visit each other and stay in touch);
• The places where we lived before and after marriage;
• The items bought together before and after marriage;
• My medical problem (diagnosis, referring MD, surgeon, treatment, recovery period, health insurance company, etc.);
• Tattoos, scars, unusual marks (I have tattooed my spouse’s name on my body before we got married);
• Our friends;
• Our jobs, salary, workplace, colleagues, our companies, managers, etc.;
• Nothing personal (sexual life, eating habits, diet, food and beverages preferences, habits, tics/ habitual twitching, colors, TV shows and movies, hobbies and activities, pets, life style, dressing style, daily routine, shared memories about passed away parents, grandparents, etc.).

Beyond what has been said, if the USCIS denies a marriage-based application because it suspects marriage fraud, why don't they pay a house visit? Why they don't interview our family (US citizens)? 

2 hours ago, cyberfx1024 said:

This is a common misconception among people that the USCIS accepts any kind of electronic device either at the NVC, Embassy, or a field office. This is because that field agent does not know what's on the flash drive, dvd, phones, or laptops. You could have a virus on your equipment that is now directly on the network if they plugged it in to their computer. Did you have physical wedding pictures or electronic ones? It sounds like you brought everything electronically and nothing physical but car/room keys. This is a big no no and you should have known this if you went with a lawyer.

Redo your whole packet and include more actual evidence this time in the packet when you send it in.

cyberfx1024  thank you for your reply to our comment.

This is a common misconception among people that the USCIS accepts any kind of electronic device either at the NVC, Embassy, or a field office. This is because that field agent does not know what's on the flash drive, dvd, phones, or laptops. You could have a virus on your equipment that is now directly on the network if they plugged it in to their computer.

Answer:  Do you really think that the US Governement is afraid to use an usb flash drive received during an official meeting?

Firstly, the authorities do not use their main network for non-internal unsecured devices. Those computers are locked down or the USB ports are disabled. There are removable media use policies in place and designated workstations. I have worked for different private companies that had this type of systems in place. I believe that the federal governement is ahead of most private companies.

We think too much of these "threats". It happens when we watch many espionage movies. 

Did you have physical wedding pictures or electronic ones? It sounds like you brought everything electronically and nothing physical but car/room keys. This is a big no no and you should have known this if you went with a lawyer.

Answer: We had digital files, no printouts. The USCIS worker did not want to see anything anyway and we asked if we could submit printed pictures and she said no. The documents required at the interview (as per Form I-797C, Notice of Action - Request for applicant to appear for interview ) were not received. The lady declined to accept all the documents listed by the Interview Notice. She seemed very annoyed by the fact that we did not submit documentation regarding joint assets or liabilities. She specifically asked for property documents, joint bank accounts, a lease showing joint tenancy of a common residence and taxes filed together. She didn't want to hear anything else. She wouldn't listen to anything we had to say. She rejected as useless all the other documentation that we had, as if it was unworthy of acceptance, of no value, completely worthless, NIL.

Redo your whole packet and include more actual evidence this time in the packet when you send it in.

Answer: The pictures would be the only thing done differently - printouts, not digital files. That would be at the interview anyway. The new "whole packet" would be exactly the same as the initial one. We will not have joint assets. 

17 minutes ago, geowrian said:

Correct. They are one form of evidence.

Commingling of finances is one part of showing a bona fide marriage. It is not the only way, neither is it a requirement. When you get the official denial or a NOID, it will list other reasons for the refusal.

 

Why change anything? Get a new account at another bank if they won't cooperate and use that for joint expenses. It certainly seems a lot simpler and easier than arguing with somebody who has decision making power over your spouse's ability to live in the same country with you.

 

ITIN works just as well for background checks, credit checks, bad-tenant checks, etc. However, I still highly doubt an SSN is required as there are many legal immigrants who come to the US (including Florida) and don't have an SSN yet but rent just fine. Most immigrants don't have an SSN before entering the US.

Also, usually a larger (multi-month) security deposit can be substituted for credit checks.

 

Says who? They are listed as one form of evidence that you can provide. Nowhere does it say they are required. Reread what you quoted..."should" and "one or more" are crucial. It does not mean you have to provide one of each form of evidence.

No, they don't say they want hard / verifiable evidence. Yes, they still want hard / verifiable evidence.

 

Photos and such are perfectly fine to include. But nowhere does that say "explicit content" as claimed.

You sent 13,500 files? Weird since they can't receive any files...they only accept documents with a physical form.

Weird that they would say you had no evidence and that was it if you provided so many images. It's not weird that they wouldn't look through all that (how much did that cost to send???), but weird that they would just say there was no evidence.

 

Nobody who is currently married (and not separated) on the last day of the filing year can properly file as single. It's just not a valid option. It makes no sense to be married and file as single.

One can always write NRA on the tax return for the spouse's SSN/ITIN and do MFS. This is listed in the 1040 instructions.

Or they can apply for an ITIN.

 

FYI, Florida is a dual consent state regarding wiretapping laws. I'm assuming you informed them that you were recording the conversation before proceeding.

Commingling of finances is one part of showing a bona fide marriage. It is not the only way, neither is it a requirement. 

Answer: We have little information about this aspect. We will try to get more information. Thank you.

Why change anything? Get a new account at another bank if they won't cooperate and use that for joint expenses. It certainly seems a lot simpler and easier than arguing with somebody who has decision making power over your spouse's ability to live in the same country with you. 

Answer: I guess we will have to find out if there is a minimum balance required or that would make USCIS happy? If the USCIS worker is not happy with the balance, we will highly likely hear again "I don’t see any proof of a real marriage. I will see you out now.” 

ITIN works just as well for background checks, credit checks, bad-tenant checks, etc." "Also, usually a larger (multi-month) security deposit can be substituted for credit checks. 

Answer: We will check that. Thank you again.

However, I still highly doubt an SSN is required as there are many legal immigrants who come to the US (including Florida) and don't have an SSN yet but rent just fine. Most immigrants don't have an SSN before entering the US. 

Answer:  As I previously stated, my spouse did not come into the US as an immigrant. My spouse was inspected and admitted as visitor (B-2) at the last arrival in the US. 

We currently stay at a hotel and at our family members who witnessed and have direct personal knowledge of the bona fides of our marital relationship and many other events and circumstances in our life together. These relatives are US citizens and they are not parties to the immigration benefit sought.

However, why should we get a lease showing joint tenancy of a common residence when my family always welcomes us to stay at their places as long as we want? Until we get a final decision from USCIS, we don't see the point of getting such lease since there are 9 houses available in the US (FL, CA, MA, MN, NV) for us at any time. When we have the appointments at the hospital, they take care of our dog. We also use their cars. USCIS cannot tell anyone what to rent and what to not rent. We have everything we need right now as the family supports us so much. We do not need to rent anything really.  

I know plenty of married and unmarried couples (US citizens) that don't have a lease showing joint tenancy. My sister and cousin are part of them. They have been living together with their chilrdren for 21-26 years now and the houses or the lease are not on both spouses' names.

That doesn't mean that there is no poof of a common residence, that they are not always living at the same address together.  

Photos and such are perfectly fine to include. But nowhere does that say "explicit content" as claimed.

You sent 13,500 files? Weird since they can't receive any files...they only accept documents with a physical form.

Weird that they would say you had no evidence and that was it if you provided so many images. It's not weird that they wouldn't look through all that (how much did that cost to send???), but weird that they would just say there was no evidence.

Answer: Explicit content shows without doubt or question that there is an ongoing marital status. Holding hands and smiling in a picture doesn't really show that, right?

We did not sent 13,500 files. We had them available for the interview on usb flash drive, dvd and we also brought our laptops and phones of course. The USCIS worker refused to look at them, any of them (not even wedding pictures).

Her saying that she didn't see "any proof of a real marriage" but declining to accept any of the new documents we brought at the interview (documents required as per Interview Notice) or items (photos, videos, keys from the houses, car keys, hotel room key cards and the letter from the Manager,records of written and oral communication - plenty of voice memos and videos) is very weird.

Nobody who is currently married (and not separated) on the last day of the filing year can properly file as single. It's just not a valid option. It makes no sense to be married and file as single.

One can always write NRA on the tax return for the spouse's SSN/ITIN and do MFS. This is listed in the 1040 instructions.

Or they can apply for an ITIN.

Answer: The IRS mentioned these things and their instructions were not to file as married couple nor anything on his name as he was just a tourist in the US without any current income (only savings).

FYI, Florida is a dual consent state regarding wiretapping laws. I'm assuming you informed them that you were recording the conversation before proceeding.

Answer: We were in MN when we called the IRS. Even if we were in FL at that time, I would still have had recorded the entire thing. I record almost everything (that is the reason for which we have over 1,800 explicit content videos). I record even insignificant stuff (when our dog goes outside so we can assess her poop - she's a puppy and has some medical issues). 

39 minutes ago, A&H2018 said:

Your spouse resides in the USA, but works on a visitor visa and not a work visa? Your spouse gets paid in europe but resides in the usa and pays no taxes in the usa?

 

huh? 

 

Or do you mean earlier this year before your spouse came to the usa?

My spouse does not resides officially in the US. My spouse entered the US on a temporary basis (non-immigrant visa) and now there is the intention of residing in the country on a permanent basis. That is why we filed concurrenlty with USCIS. We want legal residence. 

My spouse does not work on a visitor visa. My spouse is on vacation and stays with me. The last wage was processsd 7 months ago. Until we get a final USCIS decision my spouse will not resume work with the company in Europe and will not work in the US as there is no EAD issued.

11 minutes ago, Roel said:

I didn't need one. I did my k1, AOS and ROC all by myself. 

 

Also good luck with your case but no point helping someone who rejects every piece of advice people try to give him. You seem to be 100% sure you're right anyway. 

Congratulations on your successful application on your own. Not many people have the desire to deal with USCIS without having an "immigration attorney". We have the courage that enables us to encounter difficulties and risks (we also did everything by ourselves). Numerous petitioners and applicants think that enlisting the services of a lawyer secures future benefits. It is not true.

"Also good luck with your case but no point helping someone who rejects every piece of advice people try to give him. You seem to be 100% sure you're right anyway." - Thank you for your good wishes. We do not reject any piece of advice relevant to our particular case. We are sure about the information we have. Everything we read or hear is checked against the official sources.