Taxes and Interview in Manila

[jamster0105 7]

I just recently received my approval letters for both the I-130 and I-129F. I also recently filed my taxes online for 2008. On H and R Blocks website, it would not allow me to file as married since my Filipina wife has never been to the US and does not have an SS number. So, I went ahead and filed as single....

Is this going to cause problems for her interview at the US embassy in Manila? I want to make sure it's ok to do this and I would like to know if anyone else is in the same situation as me.....

Another question....not that I am going to do this, but since my wife is due to give birth in the middle of april and is able to get a K-3 interview soon, is it possible to us a joint sponser for the AOS I-134 form?? Any feedback would be extremely helpful. Thank you all and good luck to everyone

[YuAndDan 153]

The embassy in Manila sometimes has problems with co-sponsors for I-134, however, if you keep the I-130 (CR-1) process moving through NVC you can use a Joint-sponsor for the I-864 used by NVC, and avoid dealing with a possible rejection of I-134 co-sponsor at the embassy, and will get the superior CR1 visa and avoid having to file I-485 to adjust status from a K-Visa.

This has been happening often, USCIS approves both I-130 and I-129F at same time, this tends to kill one of the reasons for K-3, (Waiting for I-130 approval)

Keep the I-130 moving through NVC (Answer I-864 and IV (DS-230) Fee Bill) this will keep the CR-1 visa process moving. I-129F will just pass through NVC to consulate in a month or so, which results in K-3 visa. IF I-130 makes it to consulate before K-3 interview, or if you delay responding to K-3 packets, the consulate will drop the K-3 in favor of the superior CR-1 visa.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Keep this in mind in this economy, the CR-1 with it's instant green-card looks very attractive considering the cost savings, and the ability of the immigrant being able to take a job shortly after entry to the USA. K-3 has the down-side of added cost, and NOT being able to legitimately take a job untli they have EAD of green-card, EAD can take 90 days or longer to get.

[I AM NOT THAT GUY 5,715]

I just recently received my approval letters for both the I-130 and I-129F. I also recently filed my taxes online for 2008. On H and R Blocks website, it would not allow me to file as married since my Filipina wife has never been to the US and does not have an SS number. So, I went ahead and filed as single....

Is this going to cause problems for her interview at the US embassy in Manila? I want to make sure it's ok to do this and I would like to know if anyone else is in the same situation as me.....

Another question....not that I am going to do this, but since my wife is due to give birth in the middle of april and is able to get a K-3 interview soon, is it possible to us a joint sponser for the AOS I-134 form?? Any feedback would be extremely helpful. Thank you all and good luck to everyone

You should be able to file an amended return, and get back some money for your 2008 taxes. There is no reason should not have been able to file a joint return. Single was incorrect, the other choice was married, filing seperately. You need an ITIN for your spouse.

[dale_trisha 3]

I just recently received my approval letters for both the I-130 and I-129F. I also recently filed my taxes online for 2008. On H and R Blocks website, it would not allow me to file as married since my Filipina wife has never been to the US and does not have an SS number. So, I went ahead and filed as single....

Is this going to cause problems for her interview at the US embassy in Manila? I want to make sure it's ok to do this and I would like to know if anyone else is in the same situation as me.....

Another question....not that I am going to do this, but since my wife is due to give birth in the middle of april and is able to get a K-3 interview soon, is it possible to us a joint sponser for the AOS I-134 form?? Any feedback would be extremely helpful. Thank you all and good luck to everyone

You should be able to file an amended return, and get back some money for your 2008 taxes. There is no reason should not have been able to file a joint return. Single was incorrect, the other choice was married, filing seperately. You need an ITIN for your spouse.

Mister Bill is correct. 2 things. To get the ITIN you will need to file a W7 for her. Then you can also claim her a fulltime resident - see IRS Pub 519.

[jamster0105 7]

I'm definately going to file the amended return for IRS purposes and I'm aware that I have a 3 year window to do that.....My main concern is will this cause a problem at USEM for my wife's interview if I put it on hold until after she arrives??? I feel so drained from all of this stuff as is and I just want to make sure they are not going to put my case on hold due to filing single.....

[I AM NOT THAT GUY 5,715]

I'm definately going to file the amended return for IRS purposes and I'm aware that I have a 3 year window to do that.....My main concern is will this cause a problem at USEM for my wife's interview if I put it on hold until after she arrives??? I feel so drained from all of this stuff as is and I just want to make sure they are not going to put my case on hold due to filing single.....

I don't know. Perhaps you can make a statement outlining your intentions should the subject come up. A joint return implies comingling of assets, I suppose. I am not that familiar with the K-3 issues you might run into. Maybe, they are more concerned about your income, so as long as that is sufficient, you are okay there, and look for something else to proof your bonafides.

[ruby_jade 0]

what is an amended tax return? can anybody give me an idea or links?

thanks

[Loolie 56]

for me its better to file as married..me and my husband tried to file online but it wont allow coz i dont have ssn yet...so we didnt continue it and we are just waiting for my ssn in mail..try to get ITIN for your wife.

God bless you.

[Rocky_nBullwinkle 6]

what is an amended tax return? can anybody give me an idea or links?

thanks

Topic 308 - Amended Returns

If you discover an error after your return has been mailed, you may need to amend your return. The service center may correct errors in math on a return and may accept returns with certain forms or schedules left out. In these instances, do not amend your return! However, do file an amended return if your filing status, your income, your deductions or credits were incorrect.

Use Form 1040X (PDF), Amended U.S. Individual Income Tax Return, to correct a previously filed Form 1040 (PDF), Form 1040A (PDF), Form 1040EZ (PDF), Form 1040EZ-T, Form 1040NR (PDF), or Form 1040NR-EZ (PDF). If you are filing to claim an additional refund, wait until you have received your original refund (you may cash that check). To avoid penalty and interest, if you owe additional tax for a current year amended return, file Form 1040X and pay the tax by April 15 of the current year. If the due date falls on a Saturday, Sunday, or legal holiday, the due date is delayed until the next business day. The Form 1040X Instructions list the addresses for the service centers.

File a separate Form 1040X for each year you are amending. Mail each form in a separate envelope. Be sure to enter the year of the return you are amending at the top of Form 1040X. The form has three columns. Column A shows original or adjusted figures from the original return. Column C shows the corrected figures. The difference between Columns A and C is shown in Column B. There is an area on the back of the form to explain the specific changes being made and the reason for each change. Attach any forms or schedules that are affected by the change. Generally, to claim a refund, Form 1040X must be filed within 3 years from the date of your original return or within 2 years from the date you paid the tax, whichever is later. Returns filed before the due date (without regard to extensions) are considered filed on the due date.

• Attach copies of any forms or schedules that are being changed as a result of the amendment including any Form(s) W-2 received after the original return was filed.
• Tax forms can be obtained by calling 800–829–3676 or visiting www.irs.gov
• Normal processing time for Forms 1040X is 8 to 12 weeks from the IRS receipt date.

Please Note: Your state tax liability may be affected by a change made on your federal return. For information on how to correct your state tax return, contact your state tax agency.

[yumi20 0]

My husband sent me a copy of w7 form and he told me bring xerox copy of my passport, original copy of marriage cert and birth cert and make them authenticate at u.s embassy manila. Do you have any idea how much it cost it? and what time should I go there? is there any schedule time?

thanks in advance!