2010 Decemberite K-1 AOSers

[bobbyA 20]

time to whine, after almost 5 months, no green card, i've called uscis a dozen of times, they say my local office is delayed, and they cant do anything... i thought the transfer was supposed to expedite the process :/ oh well. i hate to be out of status, i cant get a student loan... more waiting, i think this k1 process is all wrong and broken.

end of whining.

my husband is awesome, he is worth all this #######

Wow, you've waited 5 months. I've only waited a little over 3 months on my wife's I-485 and I'm impatient

You've given me the idea to call USCIS, and I might do it this week.

I looked at your timeline, and your biometrics at your local office did take awhile. But I don't know how your local office could affect your I-485 since it was transferred to CSC. Well, I'm no expert, so it's just a guess or vent on my part

My wife's biometrics appointment was done within a month after we filed her AOS, and her case was transferred to CSC around that time, but we have not heard anythings since.

My wife passed her TOEFL exam in December but was advised by 2 state universities to apply for admissions to grad school after she has her green card in order to get residence tuition. Anyway it was too late to apply for the current semester in December. The local community college wouldn't even let her enroll in classes until she has her green card Fortunately she was able to take her written test for driving with her EAD card and she's taking driving lessons now.

It's so wonderful to hear that you are very happy in your marriage!! Congratulations!!

Edited January 9, 2012 by bobbyA

[Mochamich 7]

Interesting!! I never thought about "tax advantage" besides the benefit of proof as a couple when filing jointly. I'm looking ahead to ROC 2 years from now for my wife, so having joint tax returns for the next 2 years is important to me

Hate to sound like a commercial but Turbo Tax is really helpful when self filing. There are all these forums (similar to VJ) that help you with any questions. Could be a great help.

[bobbyA 20]

Hate to sound like a commercial but Turbo Tax is really helpful when self filing. There are all these forums (similar to VJ) that help you with any questions. Could be a great help.

Yes, I used Turbo Tax for many years. I like how my previous year's information is automatically brought over each year. I haven't been to any forums with regards to taxes. Perhaps my tax is simple and straightforward

[DiZZyLoX 114]

Yes, I used Turbo Tax for many years. I like how my previous year's information is automatically brought over each year. I haven't been to any forums with regards to taxes. Perhaps my tax is simple and straightforward

Turbo tax is where it's at!

[DiZZyLoX 114]

Hi guys!! I hope everyone had a great holiday season and is doing well. This was the best Christmas I think I have ever had! Okay, now it's 2012 and I am thinking about taxes, some of you must have researched this. Is there any tax advantages out there floating around while we are in this AOS filing stage? So far my wife doesn't seem like a tax liability but adding her to the family last fall does not seem to help either? Seems like the most information I have seen is on the IRS web page but I was surprised that I couldn't find anything on visajourney? Any thoughts??

Lee

I'm wondering when to add my hubby. I'm not even sure, myself. I think i'm going to add him for 2012 but yeah...i'm right there with you in the research phase. Married filing separate or Married filing jointly...dunno yet!

[bobbyA 20]

I'm wondering when to add my hubby. I'm not even sure, myself. I think i'm going to add him for 2012 but yeah...i'm right there with you in the research phase. Married filing separate or Married filing jointly...dunno yet!

Great to hear from you! Just noticed your signature announcing the arrival of your first baby Congratulations once again!!

[DiZZyLoX 114]

Great to hear from you! Just noticed your signature announcing the arrival of your first baby Congratulations once again!!

I'm so excited!!!! Thank you!!

[Gsummit 14]

Wow, you've waited 5 months. I've only waited a little over 3 months on my wife's I-485 and I'm impatient

You've given me the idea to call USCIS, and I might do it this week.

I looked at your timeline, and your biometrics at your local office did take awhile. But I don't know how your local office could affect your I-485 since it was transferred to CSC. Well, I'm no expert, so it's just a guess or vent on my part

My wife's biometrics appointment was done within a month after we filed her AOS, and her case was transferred to CSC around that time, but we have not heard anythings since.

My wife passed her TOEFL exam in December but was advised by 2 state universities to apply for admissions to grad school after she has her green card in order to get residence tuition. Anyway it was too late to apply for the current semester in December. The local community college wouldn't even let her enroll in classes until she has her green card Fortunately she was able to take her written test for driving with her EAD card and she's taking driving lessons now.

It's so wonderful to hear that you are very happy in your marriage!! Congratulations!!

It's so good to know we are not alone in this AOS journey. You are to be given a patience medal for 5 months, we've been waiting since 2 months and I'm starting to tick like Smeagal again lol. My husband had his Biometrics on November 22 and we still haven't heard anything. He is being so patient but I know that being alone at home without work is stressful for someone that is as hardworking as he is. I keep checking uscis.gov and it hasn't been touched since November 24. Maybe I will call too.

[bobbyA 20]

It's so good to know we are not alone in this AOS journey...... we've been waiting since 2 months and I'm starting to tick like Smeagal again lol. My husband had his Biometrics on November 22 and we still haven't heard anything. He is being so patient but I know that being alone at home without work is stressful for someone that is as hardworking as he is. I keep checking uscis.gov and it hasn't been touched since November 24. Maybe I will call too.

Yes, it's good to know that we're not alone

The last update on USCIS for my wife's I-485 was October 27th.

My wife and I called the USCIS a few days ago and was told to allow 4 months from the time her file was transferred to CSC to hear anything about her I-485. So we're supposed to wait till sometime in February before they'll put in a service request

[Mochamich 7]

I couldn't help myself all this talk about taxes I am curious to know how we should file since we are all now Married. Here's what I found out.

QUESTION: Recently married my husband is an immigrant, in process to receive green card. However, we have not received anything from INS. And his status has now turned to illegal alien. Can I still claim him in this coming years taxes?

ANSWER: You can file a joint return with him, but he will need a taxpayer identifying number or social security number for you to do so. Use IRS Form W-7 to apply for a Taxpayer Identifying Number. A copy is here: http://www.irs.gov/pub/irs-pdf/fw7.pdf

The application is mailed with your tax return. From the IRS:

"What are the revised application standards for ITINs?

Effective immediately, each ITIN applicant must now:

* Apply using the revised Form W-7, Application for IRS Individual Taxpayer Identification Number ; and

* Attach a federal income tax return to the Form W-7.

Any applicants who meet an exception to the requirement to file a tax return (see the instructions for Form W-7) must provide documentation to support the exception."

The tax return and W-7 are mailed to:

Internal Revenue Service

Austin Service Center

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

Also: "You may also apply using the services of an IRS-authorized Acceptance Agent or visit an IRS Taxpayer Assistance Center in lieu of mailing your information to the IRS in Austin. TACs in the United States provide in-person help with ITIN applications on a walk-in or appointment basis. Applicants outside the United States should contact an overseas IRS office to find out if that office accepts Form W-7 applications. The IRS's ITIN Unit in Austin issues all numbers by mail."

( Answered 10/18/11 10:23am ,Views by community 60 )

You can also file Married filed separtely but it truly depends on the couple. Hope this info is helpful.

[lee&jeniebee 23]

I couldn't help myself all this talk about taxes I am curious to know how we should file since we are all now Married. Here's what I found out.

QUESTION: Recently married my husband is an immigrant, in process to receive green card. However, we have not received anything from INS. And his status has now turned to illegal alien. Can I still claim him in this coming years taxes?

ANSWER: You can file a joint return with him, but he will need a taxpayer identifying number or social security number for you to do so. Use IRS Form W-7 to apply for a Taxpayer Identifying Number. A copy is here: http://www.irs.gov/pub/irs-pdf/fw7.pdf

The application is mailed with your tax return. From the IRS:

"What are the revised application standards for ITINs?

Effective immediately, each ITIN applicant must now:

* Apply using the revised Form W-7, Application for IRS Individual Taxpayer Identification Number ; and

* Attach a federal income tax return to the Form W-7.

Any applicants who meet an exception to the requirement to file a tax return (see the instructions for Form W-7) must provide documentation to support the exception."

The tax return and W-7 are mailed to:

Internal Revenue Service

Austin Service Center

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

Also: "You may also apply using the services of an IRS-authorized Acceptance Agent or visit an IRS Taxpayer Assistance Center in lieu of mailing your information to the IRS in Austin. TACs in the United States provide in-person help with ITIN applications on a walk-in or appointment basis. Applicants outside the United States should contact an overseas IRS office to find out if that office accepts Form W-7 applications. The IRS's ITIN Unit in Austin issues all numbers by mail."

( Answered 10/18/11 10:23am ,Views by community 60 )

You can also file Married filed separtely but it truly depends on the couple. Hope this info is helpful.

Don't use the term "illegal alien" there is a huge legal difference between illegal alien" and "out of status." I am looking at filing as "head of household" that seems to be the best I have seen so far. I was hoping to claim my wife as a dependent but it looks like that can not be done.

[DiZZyLoX 114]

Don't use the term "illegal alien" there is a huge legal difference between illegal alien" and "out of status." I am looking at filing as "head of household" that seems to be the best I have seen so far. I was hoping to claim my wife as a dependent but it looks like that can not be done.

Of course you can! I'm filing "Married, filing jointly" will attach a statement that my husband will be considered a permanent resident for 2011 and I'm claiming Married, 2 (technically Married - 3 since he's not working) on my W4.

You can totally claim her as a dependent.

Check this out: http://www.irs.gov/businesses/small/international/article/0,,id=96734,00.html

Edited January 18, 2012 by DiZZyLoX

[DiZZyLoX 114]

Don't use the term "illegal alien" there is a huge legal difference between illegal alien" and "out of status." I am looking at filing as "head of household" that seems to be the best I have seen so far. I was hoping to claim my wife as a dependent but it looks like that can not be done.

correction, i dont know if dependent is the right term, but you could married /jointly.

[lee&jeniebee 23]

correction, I don't know if dependent is the right term, but you could married /jointly.

Dizzy, your right, I ran it both ways and Married filing jointly is much better. I may have screwed up when I Efiled, it asked "resident alien" or "non-resident alien" and I checked Non-Resident alien, oh well, it's filed now.. I should have checked the "resident alien" because since Aug. 13 she (Jen) has been residing here... just love taxes!!

[Mochamich 7]

Don't use the term "illegal alien" there is a huge legal difference between illegal alien" and "out of status." I am looking at filing as "head of household" that seems to be the best I have seen so far. I was hoping to claim my wife as a dependent but it looks like that can not be done.

Oh I agree with you on the term "Illegal alien". Our partners are not illegal aliens. I should point out though that these were not my words. I simply researched on the turbotax website and this was the closest I could find to our present status/situation. Overall I'm just looking forward to filing and learning about how our new Marrital status effects us all this year.