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2011 Tax Return Questions

By tuvaty in IR-1 / CR-1 Spouse Visa Process & Procedures

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  1. 1. How will you file your 2011 tax return?

    • Married, filing jointly (will require ITIN)
      17
    • Married, filing separately (will also require ITIN)
      2
    • Single, but will make amendment later this year
      3
    • Single, that's it
      5

37 posts in this topic

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meno-is-mine Community Regular

meno-is-mine   37

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

There's quite the confusion here...

1) If you have a SSN or ITIN for your spouse you should use it and either file married/joint or married/separately.

2) If you don't have a SSN for your spouse yet, you can apply for an ITIN using form W-7.

3) If you don't have a SSN or ITIN for your spouse and don't plan on getting one by the deadline, you can only file MARRIED FILING SEPARATELY. If you are married (in this country or any other you cannot file single - well you "can" but it can cause you more headaches in the future). When Married filing separately you can use NRA on the tax form BUT you will not be able to claim the exemption for your spouse - i.e. you probably won't get much back. Most of the online tax forms (TurboTax etc.) won't let you e-file without a SSN/ITIN so you have to mail the form in. However, as long as you file by the deadline you can amend your taxes anytime within the next 3 years, once you have a SSN or ITIN, and change to Married Filing Jointly (and get your money back!:)).

Just to clarify, you can file without the SSN/ITIN by mailing in, but you should not file Single.

Thanks for laying it all out clearly.

USCIS

Sept. 22, 2011 - NOA1

March 13, 2012 - NOA2 (via text/email)

NVC

March 19, 2012 - Case received at NVC (in building)

April 02, 2012 - Received case #, IIN, submitted email addresses

April 03, 2012 - AOS bill invoiced & paid; 'IN PROCESS'

April 03, 2012 - emailed DS-3032

April 04, 2012 - AOS fee cleared from bank account

April 06, 2012 - DS-3032 acceptance email received

April 10, 2012 - AOS payment 'PAID'; AOS package sent

April 16, 2012 - AOS accepted/completed

April 25, 2012 - IV bill invoiced & paid; 'IN PROCESS'

April 27, 2012 - IV payment 'PAID'; IV package sent

May 01, 2012 - NVC case complete!!!

May 09, 2012 - Received interview notification email

May 10, 2012 - Case was sent to embassy

May 16, 2012 - Medical Appointment

June 04, 2012 - Approved

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Clark--Kent
Clark--Kent

Writing NRA is acceptable if you are married filing seperately and you don't claim your spouse as an exemption. It's spelled out clearly in the 1040 instructions for 2011.

NigeriaorBust
NigeriaorBust

A lot of married persons would qualify for single head of household but the only other legal options are married filing jointly and married filing separately. Don't think I would want to get the gove

lizka Collaborator

lizka   3

Posted
Filed: Country: Spain
 Timeline
Posted

Thanks for the 3 scenarios Matt. I am going to do the same scenarios with my Turbo Tax.

Yup, I concur. But you can only write NRA if you're filing married but separately.

if you file online NRA is not an option, also ITIN and SSN are unavalable if the spouse is abroad. i called IRS and NVC and both concurred that you file as single, no words on ammendments, just single, it clearly satates online what you have to meet to be considered single. and for all of us who have never lived with our spouses, or havent' for the past 6 months or more, we are considered single. our spouses do not file taxes, so we are NOT filing separately, our spouse is NOT filing in the us. simple

from IRS website:

Considered Unmarried

To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests.

You file a separate return (defined earlier under Joint Return After Separate Returns ).

You paid more than half the cost of keeping up your home for the tax year.

Your spouse did not live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. See Temporary absences , later.

View Postlizka, on 28 March 2012 - 05:34 PM, said:

from IRS website:

Considered Unmarried

To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests.

You file a separate return (defined earlier under Joint Return After Separate Returns ).

You paid more than half the cost of keeping up your home for the tax year.

Your spouse did not live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. See Temporary absences , later.

also

Nonresident alien spouse. You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household.

Started Talking: December 14, 2006
Met in Person: December 27, 2008
Got married : April 30, 2011
USCIS: (160 Days)
08/23/11 - I-130 Application filed and sent
08/25/11 - I-130 NOA1 Received
02/22/12 - I-130 NOA2 Received
NVC (77 days)
03/06/2012 - AOS Invoice Received with Choice Agent Form Sent
03/12/2012 - AOS Invoice: PAID and Choice Agent Form sent
03/19/2012 - AOS Package Sent
03/20/2012 - AOS Package Received by NVC
03/20/2012 - IV Invoice Received & Paid
3/23/2012 - AOS Checklist for Proof of Assets
3/24/2012 - Resent Checklist and AOS form
03/27/2012 - IV Package Sent
03/29/2012 - AOS approved
04/03/2012 - CASE COMPLETED!!! WOOHOOO - Waiting for Interview from Madrid
04/05/2012 - Interview date assigned -May 17, 2012 at 12:30 pm
U.S Embassy (28 days)
04/26/2012 - Medical checkup
05/17/2012 - Interview; Result:APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
05/23/2012 - Visa received
United States
07/19/2012 - Port of entry: Washington Dulles
07/27/2012 - SSN applied
08/07/2012 - SSN card received & Greencard Received

Removing Conditional Residency (294 days)

4/24/2014 - I-751 SENT

4/26/2014 - I-751 RECEIVED (Proof of Signature)

4/30/2014 - THREE YEAR ANNIVERSARY!!!

5/08/2014 - Check cashed

5/09/2014 - NO1 (One Year Extension Letter) Received

5/15/2014 - Bio letter received

6/05/2014 - Bio appointment date - COMPLETED

11/14/2014 - RFE Received

01/09/2015 - Response to RFE with 70 pages of proof :)

01/26/2015 - APPROVED FINALLY!!!!

02/11/2015 - 10 Year Card IN HAND! Woohoooooooooooooooooooooooo

NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

A lot of married persons would qualify for single head of household but the only other legal options are married filing jointly and married filing separately. Don't think I would want to get the government mad about taxed while under a conditional green card.

This will not be over quickly. You will not enjoy this.

lizka Collaborator

lizka   3

Posted
Filed: Country: Spain
 Timeline
Posted

A lot of married persons would qualify for single head of household but the only other legal options are married filing jointly and married filing separately. Don't think I would want to get the government mad about taxed while under a conditional green card.

right, but the forms are IRS and the rules are IRS, plus you are giving the government MORE money by filing single, so they will not be mad to take MORE money. as long as you ammend your status when spouse gets here, HE IS NOT HERE, he pays NO taxes, he is NOT affiliated with the United States in any way financially, yet :yes::hehe:

A lot of married persons would qualify for single head of household but the only other legal options are married filing jointly and married filing separately. Don't think I would want to get the government mad about taxed while under a conditional green card.

right, but the forms are IRS and the rules are IRS, plus you are giving the government MORE money by filing single, so they will not be mad to take MORE money. as long as you ammend your status when spouse gets here, HE IS NOT HERE, he pays NO taxes, he is NOT affiliated with the United States in any way financially, yet :yes::hehe:

Started Talking: December 14, 2006
Met in Person: December 27, 2008
Got married : April 30, 2011
USCIS: (160 Days)
08/23/11 - I-130 Application filed and sent
08/25/11 - I-130 NOA1 Received
02/22/12 - I-130 NOA2 Received
NVC (77 days)
03/06/2012 - AOS Invoice Received with Choice Agent Form Sent
03/12/2012 - AOS Invoice: PAID and Choice Agent Form sent
03/19/2012 - AOS Package Sent
03/20/2012 - AOS Package Received by NVC
03/20/2012 - IV Invoice Received & Paid
3/23/2012 - AOS Checklist for Proof of Assets
3/24/2012 - Resent Checklist and AOS form
03/27/2012 - IV Package Sent
03/29/2012 - AOS approved
04/03/2012 - CASE COMPLETED!!! WOOHOOO - Waiting for Interview from Madrid
04/05/2012 - Interview date assigned -May 17, 2012 at 12:30 pm
U.S Embassy (28 days)
04/26/2012 - Medical checkup
05/17/2012 - Interview; Result:APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
05/23/2012 - Visa received
United States
07/19/2012 - Port of entry: Washington Dulles
07/27/2012 - SSN applied
08/07/2012 - SSN card received & Greencard Received

Removing Conditional Residency (294 days)

4/24/2014 - I-751 SENT

4/26/2014 - I-751 RECEIVED (Proof of Signature)

4/30/2014 - THREE YEAR ANNIVERSARY!!!

5/08/2014 - Check cashed

5/09/2014 - NO1 (One Year Extension Letter) Received

5/15/2014 - Bio letter received

6/05/2014 - Bio appointment date - COMPLETED

11/14/2014 - RFE Received

01/09/2015 - Response to RFE with 70 pages of proof :)

01/26/2015 - APPROVED FINALLY!!!!

02/11/2015 - 10 Year Card IN HAND! Woohoooooooooooooooooooooooo

lizka Collaborator

lizka   3

Posted
Filed: Country: Spain
 Timeline
Posted

how many of you who filed SINGLE have had problems?

Started Talking: December 14, 2006
Met in Person: December 27, 2008
Got married : April 30, 2011
USCIS: (160 Days)
08/23/11 - I-130 Application filed and sent
08/25/11 - I-130 NOA1 Received
02/22/12 - I-130 NOA2 Received
NVC (77 days)
03/06/2012 - AOS Invoice Received with Choice Agent Form Sent
03/12/2012 - AOS Invoice: PAID and Choice Agent Form sent
03/19/2012 - AOS Package Sent
03/20/2012 - AOS Package Received by NVC
03/20/2012 - IV Invoice Received & Paid
3/23/2012 - AOS Checklist for Proof of Assets
3/24/2012 - Resent Checklist and AOS form
03/27/2012 - IV Package Sent
03/29/2012 - AOS approved
04/03/2012 - CASE COMPLETED!!! WOOHOOO - Waiting for Interview from Madrid
04/05/2012 - Interview date assigned -May 17, 2012 at 12:30 pm
U.S Embassy (28 days)
04/26/2012 - Medical checkup
05/17/2012 - Interview; Result:APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
05/23/2012 - Visa received
United States
07/19/2012 - Port of entry: Washington Dulles
07/27/2012 - SSN applied
08/07/2012 - SSN card received & Greencard Received

Removing Conditional Residency (294 days)

4/24/2014 - I-751 SENT

4/26/2014 - I-751 RECEIVED (Proof of Signature)

4/30/2014 - THREE YEAR ANNIVERSARY!!!

5/08/2014 - Check cashed

5/09/2014 - NO1 (One Year Extension Letter) Received

5/15/2014 - Bio letter received

6/05/2014 - Bio appointment date - COMPLETED

11/14/2014 - RFE Received

01/09/2015 - Response to RFE with 70 pages of proof :)

01/26/2015 - APPROVED FINALLY!!!!

02/11/2015 - 10 Year Card IN HAND! Woohoooooooooooooooooooooooo

Terca Collaborator

Terca   6

Posted
Filed: IR-1/CR-1 Visa Country: Dominican Republic
 Timeline
Posted

I filed as single one year without problems with uncle sam. BUT I amended this return from single to "married filing separate" because I didn't want it to be an issue during the interview process when the consul noticed I filed as single while being married.

Now I know it wasn't going to be an issue, but back then I did not want to take the chance.

wuha.jpgdU2lm5.png

 

N400 Mailed: 12/09/2016

Priority Date: 12/13/2016

Biometrics Appmt: 01/13/17

 

lizka Collaborator

lizka   3

Posted
Filed: Country: Spain
 Timeline
Posted

I filed as single one year without problems with uncle sam. BUT I amended this return from single to "married filing separate" because I didn't want it to be an issue during the interview process when the consul noticed I filed as single while being married.

Now I know it wasn't going to be an issue, but back then I did not want to take the chance.

awesome thank you, for the 1040x it says to put spouse name ONLY if filing jointly, but i'm not, filing separeately, but i'm still going to write his name and NRA in the social security section right? this is the only thing changing so everything else should remain the same no?

Started Talking: December 14, 2006
Met in Person: December 27, 2008
Got married : April 30, 2011
USCIS: (160 Days)
08/23/11 - I-130 Application filed and sent
08/25/11 - I-130 NOA1 Received
02/22/12 - I-130 NOA2 Received
NVC (77 days)
03/06/2012 - AOS Invoice Received with Choice Agent Form Sent
03/12/2012 - AOS Invoice: PAID and Choice Agent Form sent
03/19/2012 - AOS Package Sent
03/20/2012 - AOS Package Received by NVC
03/20/2012 - IV Invoice Received & Paid
3/23/2012 - AOS Checklist for Proof of Assets
3/24/2012 - Resent Checklist and AOS form
03/27/2012 - IV Package Sent
03/29/2012 - AOS approved
04/03/2012 - CASE COMPLETED!!! WOOHOOO - Waiting for Interview from Madrid
04/05/2012 - Interview date assigned -May 17, 2012 at 12:30 pm
U.S Embassy (28 days)
04/26/2012 - Medical checkup
05/17/2012 - Interview; Result:APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
05/23/2012 - Visa received
United States
07/19/2012 - Port of entry: Washington Dulles
07/27/2012 - SSN applied
08/07/2012 - SSN card received & Greencard Received

Removing Conditional Residency (294 days)

4/24/2014 - I-751 SENT

4/26/2014 - I-751 RECEIVED (Proof of Signature)

4/30/2014 - THREE YEAR ANNIVERSARY!!!

5/08/2014 - Check cashed

5/09/2014 - NO1 (One Year Extension Letter) Received

5/15/2014 - Bio letter received

6/05/2014 - Bio appointment date - COMPLETED

11/14/2014 - RFE Received

01/09/2015 - Response to RFE with 70 pages of proof :)

01/26/2015 - APPROVED FINALLY!!!!

02/11/2015 - 10 Year Card IN HAND! Woohoooooooooooooooooooooooo

 
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