patis

1 hour ago, Wuozopo said:

Just a little info.
The filing deadline has been moved by the IRS to May 17. (Those in OK, TX, and LA who were affected by the winter storms and declared disaster areas have until June 15.)

 

Your keep using the term filing single when I think you mean filing separately, which is for married people who don’t file jointly.

 

Did you file for work authorization along with filing for AOS? If that gets approved, she can get a SSN. 

We did file for the work authorization. We're hoping her SSN is just a couple more months away. That is why I was hoping to be able to file a late return and just be able to file a simple joint tax return. 

According to the other poster the deadline is only for those who owe taxes. Since I won't owe either way, I think we might just wait till after the deadline to file and hopefully still get the refund

43 minutes ago, Nitas_man said:

Actually you dont.  Look it up.

 

https://www.irs.gov/pub/irs-news/fs-08-12.pdf

 

 

I never knew that was the case. It looks like you are still eligible for a refund if you do this also. We might end up doing this since we do not owe

Just now, Nitas_man said:

I didnt file til August our first year.  No late penalty (or any penalty) if you dont owe 

But don't you need to have it completed by April 15th? Otherwise you need to file an extension

4 minutes ago, Nitas_man said:

Do you owe filing MFJ?

I would not owe either way I file. Single or joint

3 minutes ago, JeanneAdil said:

if you were married in 2020 , you can not file as single

And as reported on news all returns now are slowed down while IRS works on the stimulus checks 

so,  file a paper extension or file getting the ITIN and forget turbo tax now as it's not going to speed anything up

but you're not single

I found this on the IRS site. I won't be filing as single, but I'm wondering if I can just file the 4868 extension as single, then later file joint. 

If you and your spouse each filed a separate Form 4868 but later file a joint return for 2020, enter the total paid with both Forms 4868 on the appropriate line of your joint return. If you and your spouse jointly file Form 4868 but later file separate returns for 2020, you can enter the total amount paid with Form 4868 on either of your separate returns. Or you and your spouse can divide the payment in any agreed amounts.

Unless I am reading this wrong it looks like you can file an extension single and then later file your taxes jointly. 

My wife is waiting for her SSN after we submitted for the AOS back in October 2020. She still does not have a SSN and I am working of filing my taxes now. I know I will have to file an extension. 

Turbotax will let me file an extension as a single person with my own SSN. However when I state that I am married it asks for my wife's SSN which she does not have. 

My question is can I just file for the extension as a single person, and then go back and file jointly when my wife gets her SSN later on this year. I'm trying to safe myself the headache of getting an ITIN

Hi all!

My wife and I got married this august after she entered the us on a K1 visa (july 31st 2020). We filed our AOS October 2020 and there is still no response from USCIS regarding her SSN or EAD we're assuming there might be covid related delays. We are now trying to file taxes jointly and I am wondering if she would qualify for a stimulus check since she would only have an ITIN and not a social. If she's ineligible would it be wise to wait till April to file taxes hoping that she might get her SSN? or should we not risk it and file taxes jointly only with ITIN?

I had my high school diploma sent to ECE today to get evaluated hopefully it would get to us on time but I still have a couple of issues with the I-944 form.

1/ my wife had her high school education done in Tunisia and her "baccalaureate" is issued by the ministry of education and not her school. so what do we put for school name/program?

2/ due to COVID her college degree isn't issued yet there for we can't evaluate it. we thought we would write a letter of explanation explaining why we couldnt provide it and that we would be able to bring it to the onterview. is that ok?

22 minutes ago, patis said:

Thanks so much! you've been very helpful

One more question hehe! would she file it under her marriage name or her name as written on I-94

2 minutes ago, payxibka said:

Your wife files now.  You only have to file the i865 if you move again AFTER her greencard has been approved.

Thanks so much! you've been very helpful

1 minute ago, patis said:

I am sorry if my question is going to sound silly but it's only because this whole process is overwhelming for me but wouldn't the affidavit of support be inactive if we didnt submit our aos packet yet?

or does my wife submit her AR-11 now and after filing I would have to file the i-865

7 minutes ago, payxibka said:

yes.  The USC only does a COA if they have a pending case.  Also, a USC must file form I 865 if you change address AND you have an active I 864 affidavit of support on file (i.e. after greencard approval).

 

PS.  The i485 is NOT considered a pending case for the USC, as the alien is considered the primary applicant. 

I am sorry if my question is going to sound silly but it's only because this whole process is overwhelming for me but wouldn't the affidavit of support be inactive if we didnt submit our aos packet yet?

34 minutes ago, payxibka said:

Directly from the USCIS website..

 

Unless exempt, all aliens in the U.S. are required to report any change of address or new address.

 

There are exceptions:  diplomats (visa status A); official government representatives to an international organization (visa status G), and certain nonimmigrants who do not possess a visa and who are in the U.S. for fewer than 30 days are not required to file AR-11.

So it's my wife now who has to file the AR-11 right?

1 minute ago, payxibka said:

The alien is required to file a COA within 10 days of moving at anytime during the entire period they are a green card holder and not limted to just when they have a pending case.  

but she doesnt have a green card yet!

15 minutes ago, payxibka said:

The COA is supposed to be filed within 10 days of moving 

Yes but from what I've understood I'd only have to notify them if I have a pending case and since We havent filed our aos I thought it would be ok to just write it down as a current address. Plus we have no intention of changing our mailing address

Hey There!

So when my fiance first got to the us we had to stay at my parents place and that has been the only adress we've used during this whole immigration process but now that we purchased a house do I somehow notify the uscis or is it enough to just mention it as our current address in our aos forms! thank you!!!

The way I read it from the 944 instructions were that you only need equivalency's for college degrees. Since she only has a high school diploma is it okay to only submit a translation of the document?

This is the part in the instructions that made me come to this conclusion. If anyone reads it differently let me know

"

"

And

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4 hours ago, David and Anna said:

Thanks for the reply.  The OP was confusing about "where" the denial took place...i thought one thing (paris), you another (tunis) and the person I replied to yet a third (USA).  It would help if people were more detailed/clear in their posts...but no biggie.

 

I do have a follow-up about the ability to transit through EU countries when going to/from the USA.  I researched my flights to/from Turkey and found that I was able to transit both London and Frankfurt provided I stayed "airside" as a transfer and didn't enter either country so to speak.  I'm too lazy to go back and find the 2-3 sources I used to verify that, but do you happen to have a handy source for where you learned the opposite?  Its very possible I got it wrong and would be helpful to clearly know one way or the other as many of try to get to/from the USA to meet our partners...

I wouldn't advise going through Europe at all if possible. I thought the same thing. That transiting through a country would be different that actually entering the country and getting your passport stamped. The customs officers I spoke to said with a k-1 visa and previously being in the banned Europe countries they will deny entry to the US. 

Just now, Sparkle Sparkle said:

Even better.... All you have to do is arrange a flight through any country that is not a schengen state... Including UK/Ireland.. It should be easy as most flight from Tunisia get routed through Dubai etc.... She will be fine

I believe you, but the guy at the airport said no matter what country she would still be refused at the US border. Do you know where it officially says what you're saying? Because I need to send her with an official source in case some idiot airport security decides to turn her away a second time

1 hour ago, Luckycuds said:

What airline would she be flying on?

I could get any airline. All the airlines I call say that they can't tell me whether or not the K-1 is accepted at the airport security though. Delta, Turkish all those airlines say that I need to get in contact with someone at the state department . Especially if she was turned away.

I emailed the tunisian embassy and the state department is not open until monday. I'm just trying to get answers before then. The visa expires soon.

Just now, Sparkle Sparkle said:

Did she actually make it to the US border?  If she was turned away was her passport stamped in anyway? I did she get on a flight back to Tunisia? I was she asked to sign any document? 

She did not make it out of the Tunisian airport unfortunately...

2 minutes ago, Luckycuds said:

Yes, anyone can travel to the US as long as it is not from a banned country. Make sure there is no restriction from Istanbul and then she would be good to go. 

How do I triple check this? I"ve seen countries like Iran, China, EU schengen area are banned. I didn't see turkey anywhere. But also did not see where it was explicitly allowed. I'm worried we'll just be throwing more money away on useless plane tickets.

3 minutes ago, Luckycuds said:

Unfortunately at this time foreigners are not allowed to enter the US from the majority of European countries. This should have been researched while booking a ticket as well was most likely listed on the airline website. She will now have to quarantine herself for 14 days OUTSIDE a banned country and then can travel to the US.

She never made it to paris. She has been in tunisia this entire time. So you mean that K-1's can still travel to the US just as long as it does not go through a banned country? I really need to make sure before I buy a ticket that travels through istanbul