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Julia & Leo

Filing Taxes

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In that case, you can file as married filing jointly if he elects to be treated as a resident alien (http://www.irs.gov/businesses/small/international/article/0,,id=96370,00.html), or married filing separately (write down his info and "nonresident alien" under the space for his social if he does not have one), or head of household if you meet the requirements which you may as you have a child (http://www.irs.gov/businesses/small/international/article/0,,id=96729,00.html).

Determine what is easiest and gives you the biggest tax break and make your choice from there.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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No way H&R block advised you to file single when you are married? Not legal.

You can either apply for an ITIN number for your husband and file "married jointly" or file "married separately", wait for your husband to arrive and receive a SS number, then go back and file an ammended return to "married jointly"

If you file head of household or single now then you will raise a big, big flag at AOS time when they want to see your tax return and see that you filed under a single status to the IRS after you were married but filed a marriage date for immigration benefits corresponding to the same period of time.

Not good.

OK SO I (THE PETIONER) WAS THE ONLY ONE WHO HAS EVER WORKED, MY HUSBAND(18) NEVER WORKED HE WENT TO SCHOOL WE JUST GOT MARRIED IN SEPTEMBER WHEN I WENT IN TO H & R BLOCK THEY TOLD ME TO FILE SINGLE AND WHEN MY HUSBAND GETS BACK WE WILL REFILE TOGETHER AS MARRIED..AND THEY WOULLD WRITE A LETTER STATING THAT IS WHAT I WOULD DO. IS THIS RIGHT ? WOULD I RUN INTO ANY PROBLEMS WITH IMMIGRATION

 

i don't get it.

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