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Astig11 Contributor

Astig11   1

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

Hello,to all VJ members my husband is going to file his IRS income tax,in united states.the question is is he going to report or apply it to the states that he is single or married?can he amended it when i gets there..i,am here still in philippines.pls need your advice...thanks..we are married last april 2010.

Edited by gfmcc
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naypime Enthusiast

naypime   8

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

Hello,to all VJ members my husband is going to file his IRS income tax,in united states.the question is is he going to report or apply it to the states that he is single or married?can he amended it when i gets there..i,am here still in philippines.pls need your advice...thanks..we are married last april 2010.

yes sis he can file as single and just file an ammended tax return when you get in states when you have your ssn already...or he can apply for ITIN for you so he can file his tax return as married...

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jkelly07 Mentor

jkelly07   120

Posted
Filed: K-3 Visa Country: Colombia
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Posted

if your married then you file as married .filed as not joint. some married couples file single for different reasons,like husbans back taxes,or you own a business,etc, it's better to file as married jointy it is a better refund, and better for you when the time to remove conditions, and citizenship for evidence as a married couple,

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Darnell Grand Master

Darnell   8,478

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

*** not a K-3 visa topic, moving to 'General Immigration Related Discussion ' forum ***

Edited by Darnell

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Jojo92122 Experienced

Jojo92122   1,924

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Filed: Timeline
Posted

yes sis he can file as single and just file an ammended tax return when you get in states when you have your ssn already...or he can apply for ITIN for you so he can file his tax return as married...

This is wrong. A married person can NEVER file as single. A married person who wish to file a tax return without his/her spouse must do so as married filing separately.

http://taxes.about.com/od/filingstatus/qt/FilingStatus.htm

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Myopia Rising Star

Myopia   93

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

Hello,to all VJ members my husband is going to file his IRS income tax,in united states.the question is is he going to report or apply it to the states that he is single or married?can he amended it when i gets there..i,am here still in philippines.pls need your advice...thanks..we are married last april 2010.

Your husband can file with you as a non resident alien. Married filing jointly.

You will need to get an ITIN which he can apply for from within the USA.

If you are working in the Philippines he will have to declare your taxes too, so married filing separately may be better if that is the case.

He will get more of a return filing married joint as opposed to married filing separatelyy.

If he has any USC kids that he claims on his taxes he will not be able to get the EITC refund until you are in the US with a social security number.

IRS

Alternatively he can file head of household (if there are children) but he can not file single.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Alternatively he can file head of household (if there are children) but he can not file single.

Head of household filing status is for single parents. He can't file head of household if he's married.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

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Myopia Rising Star

Myopia   93

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted (edited)

Head of household filing status is for single parents. He can't file head of household if he's married.

If you do not choose to treat your nonresident alien spouse as a U.S. resident, you may be able to use head of household filing status. To use this status, you must pay more than half the cost of maintaining a household for certain dependents or relatives other than your nonresident alien spouse. For more information, see Publication 501.

That's what the IRS have on their government website. If you click the link you will see.I dont understand why they allow it but its obviously a possibility.

Edited by Myopia

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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Myopia Rising Star

Myopia   93

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

You are considered unmarried for head of household purposes if your spouse is a non resident alien at any time during the year and you do not wish to treat your spouse as a resident alien.

If your spouse didn't live in your home during the last six months of the tax year then you are considered unmarried for head of household purposes.

Publication 501

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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