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Married or single while wife isn't in US yet

By mike777 in Canada

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Wyatt's Torch Experienced

Wyatt's Torch   45

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Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
My husband got an ITIN for me for last years' taxes and I lived in Toronto -- it seems to have worked out and yeah, it took a LONG time for him to get it too... like at least a couple of months.

Will get back to you once he gets back to me, okay Wyatt?

We got my passport notarized at an H & R block for free! And you have to mail all the stuff in...

Thanks Froggie. :) I just want to get this stuff out of the way as soon as possible.

Married: 07-03-09

I-130 filed: 08-11-09

NOA1: 09-04-09

NOA2: 10-01-09

NVC received: 10-14-09

Opted In to Electronic Processing: 10-19-09

Case complete @ NVC: 11-13-09

Interview assigned: 01-22-10 (70 days between case complete and interview assignment)

Medical in Vancouver: 01-28-10

Interview @ Montreal: 03-05-10 -- APPROVED!

POE @ Blaine (Pacific Highway): 03-10-10

3000 mile drive from Vancouver to DC: 03-10-10 to 3-12-10

Green card received: 04-02-10

SSN received: 04-07-10

------------------------------------------

Mailed I-751: 12-27-11

Arrived at USCIS: 12-29-11

I-751 NOA1: 12-30-11 Check cashed: 01-04-12

Biometrics: 02-24-12

10-year GC finally approved: 12-20-12

Received 10-year GC: 01-10-13

------------------------------------------

Better to be very overprepared than even slightly underprepared!

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Married2009 Proficient

Married2009   32

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
Thanks Mal. It looks like she might OWE $1000 if she files as Married-separate, but will RECEIVE $1700 if she files as Married-joint. Such a huge difference boggles me, but...there you go.

Since my POE will probably be in the third week of March, I don't think I want to chance having my SSN before April 15th, so we'll probably go ahead and do the ITIN. I thought it had to be ME doing the filing of it though, so I'm glad I got that part cleared up. But yes -- I'll have to find a U.S. notary up here. Worst case scenario I'll have to cross the border to get it done. No biggie.

FYI - if she is getting a refund, the April 15th deadline does not apply. That deadline only applies if money is owed to the IRS.

Married: 01/02/09

I-130 filed: 11/06/09

NOA1: 11/13/09

NOA2: 02/11/10

NVC received: 02/18/10

Case complete @ NVC: 04/14/10

Interview @ Montreal: 07/13/10 - Approved

POE: Sweetgrass, MT, 08/07/10

Filed for ROC: 07/20/12

Biometrics appt: 08/24/12

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Wyatt's Torch Experienced

Wyatt's Torch   45

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
FYI - if she is getting a refund, the April 15th deadline does not apply. That deadline only applies if money is owed to the IRS.

Ohh...interesting. Hmm.

Married: 07-03-09

I-130 filed: 08-11-09

NOA1: 09-04-09

NOA2: 10-01-09

NVC received: 10-14-09

Opted In to Electronic Processing: 10-19-09

Case complete @ NVC: 11-13-09

Interview assigned: 01-22-10 (70 days between case complete and interview assignment)

Medical in Vancouver: 01-28-10

Interview @ Montreal: 03-05-10 -- APPROVED!

POE @ Blaine (Pacific Highway): 03-10-10

3000 mile drive from Vancouver to DC: 03-10-10 to 3-12-10

Green card received: 04-02-10

SSN received: 04-07-10

------------------------------------------

Mailed I-751: 12-27-11

Arrived at USCIS: 12-29-11

I-751 NOA1: 12-30-11 Check cashed: 01-04-12

Biometrics: 02-24-12

10-year GC finally approved: 12-20-12

Received 10-year GC: 01-10-13

------------------------------------------

Better to be very overprepared than even slightly underprepared!

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Wyatt's Torch Experienced

Wyatt's Torch   45

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Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
It's the same in Canada. :P

Heh...I didn't know that either. I've only had to owe ONCE...and that was with my first job back in 1997. But I always file as soon as I get my T4 back.

Married: 07-03-09

I-130 filed: 08-11-09

NOA1: 09-04-09

NOA2: 10-01-09

NVC received: 10-14-09

Opted In to Electronic Processing: 10-19-09

Case complete @ NVC: 11-13-09

Interview assigned: 01-22-10 (70 days between case complete and interview assignment)

Medical in Vancouver: 01-28-10

Interview @ Montreal: 03-05-10 -- APPROVED!

POE @ Blaine (Pacific Highway): 03-10-10

3000 mile drive from Vancouver to DC: 03-10-10 to 3-12-10

Green card received: 04-02-10

SSN received: 04-07-10

------------------------------------------

Mailed I-751: 12-27-11

Arrived at USCIS: 12-29-11

I-751 NOA1: 12-30-11 Check cashed: 01-04-12

Biometrics: 02-24-12

10-year GC finally approved: 12-20-12

Received 10-year GC: 01-10-13

------------------------------------------

Better to be very overprepared than even slightly underprepared!

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trailmix Grand Master

trailmix   77

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted
My husband got an ITIN for me for last years' taxes and I lived in Toronto -- it seems to have worked out and yeah, it took a LONG time for him to get it too... like at least a couple of months.

Will get back to you once he gets back to me, okay Wyatt?

We got my passport notarized at an H & R block for free! And you have to mail all the stuff in...

And with my husband filing married/jointly, I was a huge deduction for him -- it actually works out for the best. We did all our running around for it when I was down for a visit...

Ok, well this is interesting and I think it is the answer everyone is looking for, whether or not it is beneficial for the USC to claim the non-resident spouse, looks like the IRS looks favourably upon this! :thumbs:

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FinnLove Proficient

FinnLove   0

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Filed: IR-1/CR-1 Visa Country: Finland
 Timeline
Posted (edited)

I haven't read all the responses so I'm probably repeating everyone, but I called the IRS yesterday and was told to filed Married but Separately. We married last July, he got his visa in December, but he hasn't moved to the US yet.

Okay, now I'm reading some the responses and it makes my head spin! I didn't realize it would make a difference with the refund or anything. Guess I need to play around with TurboTax!

Edited by FinnLove

Our timeline:

2/88: We met in Sydney, Australia at a youth hostel! He's Finnish, I'm American-both were in our early 20s at the time and fresh out of college (so couldn't afford to visit each other's countries after that!). We had a three-day romance, then went our separate ways. He actually was going to Sydney a week later, but decided at the last minute to cut his trip short in another country and go early. Wow.

1988-1998: Wrote "snail mail" letters/sent Xmas cards, but lived our separate lives. I married someone else, divorced in 2006...he lived with someone for years and then that ended.

10/08: Because of a series of random life events, I Googled my Finn Man and found him (but no link to his email, and the website his name was on was in Estonian so I couldn't even read it!). It took me two weeks to find a link to someone else, who forwarded my email to him (we were both single at the time thankfully!!!!). The email went to his spam folder but he happened to check it that day and responded back to me immediately! This was after 10 years of no contact and almost 21 years of not seeing each other after we first met.

11/08-5/09: We traveled back and forth to visit each other. Love at first (second?) sight!

7/09: Married in Helsinki, Finland...after meeting randomly 21 1/2 years ago and finding each other again!!!!!

8/13/09: I-130 sent!!!!!!!!!

Rest is on my timeline!

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Married2009 Proficient

Married2009   32

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Looks like there is a $2,200 difference for us between married filing jointly, and married filing separately. So he will be filling out the W-7 and researching all the other fun stuff he will need to send me! My next quest will be to find somewhere in Calgary that he can get a copy of his passport notarized that will be accepted here in the States!

Married: 01/02/09

I-130 filed: 11/06/09

NOA1: 11/13/09

NOA2: 02/11/10

NVC received: 02/18/10

Case complete @ NVC: 04/14/10

Interview @ Montreal: 07/13/10 - Approved

POE: Sweetgrass, MT, 08/07/10

Filed for ROC: 07/20/12

Biometrics appt: 08/24/12

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Wyatt's Torch Experienced

Wyatt's Torch   45

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Just to double-check...if I have my SSN by the time she files taxes (I'd be there with her...), is that truly all *I* will need? In other words, if I skip the whole ITIN thing, is it enough for me to simply have my SSN to file jointly?

Married: 07-03-09

I-130 filed: 08-11-09

NOA1: 09-04-09

NOA2: 10-01-09

NVC received: 10-14-09

Opted In to Electronic Processing: 10-19-09

Case complete @ NVC: 11-13-09

Interview assigned: 01-22-10 (70 days between case complete and interview assignment)

Medical in Vancouver: 01-28-10

Interview @ Montreal: 03-05-10 -- APPROVED!

POE @ Blaine (Pacific Highway): 03-10-10

3000 mile drive from Vancouver to DC: 03-10-10 to 3-12-10

Green card received: 04-02-10

SSN received: 04-07-10

------------------------------------------

Mailed I-751: 12-27-11

Arrived at USCIS: 12-29-11

I-751 NOA1: 12-30-11 Check cashed: 01-04-12

Biometrics: 02-24-12

10-year GC finally approved: 12-20-12

Received 10-year GC: 01-10-13

------------------------------------------

Better to be very overprepared than even slightly underprepared!

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Wyatt's Torch Experienced

Wyatt's Torch   45

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
Yes, Wyatt. SSN trumps the ITIN.

Cool. I think we're just going to keep our fingers crossed that we get that in time then. My interview is March 5th and the check box is checked for getting one...so three weeks maximum after that puts me getting it at the end of March. So we should be fine.

Married: 07-03-09

I-130 filed: 08-11-09

NOA1: 09-04-09

NOA2: 10-01-09

NVC received: 10-14-09

Opted In to Electronic Processing: 10-19-09

Case complete @ NVC: 11-13-09

Interview assigned: 01-22-10 (70 days between case complete and interview assignment)

Medical in Vancouver: 01-28-10

Interview @ Montreal: 03-05-10 -- APPROVED!

POE @ Blaine (Pacific Highway): 03-10-10

3000 mile drive from Vancouver to DC: 03-10-10 to 3-12-10

Green card received: 04-02-10

SSN received: 04-07-10

------------------------------------------

Mailed I-751: 12-27-11

Arrived at USCIS: 12-29-11

I-751 NOA1: 12-30-11 Check cashed: 01-04-12

Biometrics: 02-24-12

10-year GC finally approved: 12-20-12

Received 10-year GC: 01-10-13

------------------------------------------

Better to be very overprepared than even slightly underprepared!

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redmen99 Collaborator

redmen99   1

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted
Cool. I think we're just going to keep our fingers crossed that we get that in time then. My interview is March 5th and the check box is checked for getting one...so three weeks maximum after that puts me getting it at the end of March. So we should be fine.

And if by some chance you don't get your card by April 15th its easy and I believe free to file an extension to file your taxes and that gives you until August to file them.

6/27/2009 Married after being together almost 2 years

USCIS Journey

I-130 package sent - 8/5/2009

I-130 package received - 8/9/2009

Check cleared my bank - 8/17/2009

NOA1 - 8/12/2009

NOA2 - 9/11/2009

NOA2 hard copy received - 9/18/2009

NVC Journey

NVC Received : 9/28/2009

Received DS-3032 / I-864 Bill : 10/2/2009

Pay I-864 Bill : 10/5/2009

Receive I-864 Package : 10/7/2009

Return Completed I-864 : 10/9/2009

Return Completed DS-3032 : 10/6/2009

Receive IV Bill : 10/20/2009

Pay IV Bill : 10/22/2009

Return Completed DS-230 Package : 10/26/2009

Log-In Fail: 11/6/2009

Case Completed at NVC : 11/9/2009

Received Interview date: 1/22/2010

Medical Exam: 2/23/2010 at 1:30 p.m. - yep he went for the latest possible appointment......

Interview date: 3/1/2010 APPROVED!!!!!

POE: 3/8/2010 - Thousand Islands

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zenaxe Rising Star

zenaxe   22

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
But would I file as married joint, or married single...if that makes any sense?

I'm in the same boat. I'll get tax advice from my accountant but you could also write a cover letter advising CRA. Also the forms generally ask for your wife's social insurance number because this is what we use and will have to add her social security number I guess.

2007 Nov 30: Met in Las Vegas, Nevada

2009 Jul 13: Proposed/Engaged in Sedona, Arizona

2009 Dec 26: Married in Tucson, Arizona

USCIS

2009 Dec 30: Filed I-130

2010 Jan 02: I-130 delivered

2010 Jan 07: NOA1 - email - CSC

2010 Jan 11: Received NOA1 hardcopy

2010 Mar 24: NOA2 - email & text - NVC

2010 Mar 29: Received NOA2 hardcopy

I-130 was approved in 76 days from NOA1 date

NVC

2010 Mar 30: NVC received - case# assigned - emails given to NVC

2010 Mar 30: Opted in - DS3032 emailed to NVC

2010 Mar 31: Received AOS bill & DS3032 - paid AOS

2010 Apr 05: Online payment portal confirms paid AOS(Apr 2 processing date)

2010 Apr 05: Sent I-864 package

2010 Apr 15: EP confirmation email

2010 Apr 15: IV bill generated & paid

2010 Apr 15: Email confirmation - receipt of DS3032

2010 Apr 16: IV bill confirmed paid - sent DS230 package

2010 Apr 19: NVC operator confirms I864 & DS230 documents have been received

2010 Apr 21: AVR confirms all documents received Apr 19th

2010 Apr 23: Email from NVC: case complete - confirmed by NVC - sign in fail

Completed in 24 days

CONSULATE

2010 May 27: Email from NVC - consulate received file - interview Montreal Jul 27th

2010 Jun 16: Medical @ Woking Medical Centre, Vancouver, Canada - APPROVED

2010 Jul 27: Interview @ US Consulate in Montreal, Canada - APPROVED

Your interview took 201 days from your I-130 NOA1 date

2010 Aug 13:POE Washington - APPROVED

REMOVAL OF CONDITIONS

2012 May 14 - mailed I-751

2012 May 16 - delivered @ CSC

2012 Jun 18 - I 551 stamp

2012 Jun 28 - biometrics appointment NOA notice date Jun 7

2012 Dec 20 - approved

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