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Wife Filed tax 2011 as Single, is there impact on Visa issuance

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

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Amanda & Juan Contributor

Amanda & Juan   1

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Filed: Other Country: Mexico
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I am going through the same thing right now. I filed head of house hold since we didn’t live together for more the half of the year and my lawyer actually advised me to have my taxes amended because they could deny his visa for that. It has to do with proof of relationship stuff. She did say its not 100% that they would deny us over this but we are not taking any chances and having our taxes amended.

Green Card issued 9/28/2014 after filing I-601 Wavier

Removal of Conditions
6/6/2014 - Meeting with Lawyer to start process
7/15/2014 - ROC mailed
7/24/2014 - Received at USCIS
8/11/2014 - Biometric appointment notice received
8/18/2014 - Biometric appointment

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VanessaTony
VanessaTony

Yes it's a problem. She is married NOT single. She must file "married filing separately" or "married filing joint". Separately would be better if she isn't in the US. She can file for head of househol

Gary and Alla
Gary and Alla

This is what happens when you ask Tax people about immigration issues. You CAN file married and you do NOT need an SSN to do it. BUT you cannot file electronically this way, you have to file a paper

pushbrk
pushbrk

Filing as Single and then later amending the return once the spouse arrives and has an SS# is a common, though technically improper practice in circumstances like yours. It's what I and many of us di

venezoameri Newbie

venezoameri   1

Posted
Filed: Other Country: Venezuela
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Posted

Greetings,

My wife filed her tax of 2011 as single. She was advised to do so by the local office. The guy give as reason: your husband is not yet in the US. Will that cause a problem people?

Thank you in advance for your opinions.

Hi, you shouldn't have any problem. they advised her that because were not in the US and to file as married they needed your signature and your application for an ITIN, which provides you with a SS just for taxes purposes.

The IRS has nothing to do with USCIS and they do not share immigration related information.

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Rujby Proficient

Rujby   23

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Filed: Lift. Cond. (apr) Country: Haiti
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OKthankyou

Married---07/30/2011

USCIS Stage

11/07/2011-----I-130 Sent

11/10/2011---- NOA1 email received

11/14/2011---- Touched

1/4/2012 ------ RFE ( Request for Evidence ) email received

1/13/2012------ RFE document mailed to USCIS

1/25/2012------ NOA2 APPROVED ( Yahoooooooo )

NVC Stage

1/31/2012-------Case received at NVC

2/08/2012------- Case number received, IIN, both petitionner and benificiary email given

2/08/2012------- DS 3032 ( choice of agent ) emailed to NVC

2/10/2012------- AOS fee bill paid ( status: in progress)

2/13/2012--------DS 3032 accepted

2/14/2012-------- AOS fee bill shows " PAID" and IV fee bill invoiced

2/16/2012-------- IV fee bill shows " PAID"

2/17/2012-------- IV package sent via USPS

2/24/2012-------- IV package reviewed and accepted

3/27/2012-------- AOS checklist express mailed via USPS

3/28/2012-------- AOS Checklist received by NVC

3/30/2012-------- Case Complete ( Thank you Lord )

Medical / Consulate / POE

5/11/2012-------- Medical Exam

6/12/2012-------- Interview date / APPROVED

6/21/2012 -------- POE Newark, NJ

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pushbrk Grand Master

pushbrk   12,883

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Filed: Other Country: China
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Hi, you shouldn't have any problem. they advised her that because were not in the US and to file as married they needed your signature and your application for an ITIN, which provides you with a SS just for taxes purposes.

The IRS has nothing to do with USCIS and they do not share immigration related information.

Filing as single is usually no problem. Yes, the IRS and USCIS do not share information but the Petitioner DOES share one to three tax returns with a Consular officer or USCIS, as applicable.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Clark--Kent Contributor

Clark--Kent   4

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Filed: IR-1/CR-1 Visa Country: Japan
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Posted

Filing as single is usually no problem. Yes, the IRS and USCIS do not share information but the Petitioner DOES share one to three tax returns with a Consular officer or USCIS, as applicable.

Just remember, while it is USUALLY not a problem to file single, it is ABSOLUTELY incorrect and the IRS and/or NVC/consular officer COULD make a problem out of it if they so desired.

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Rujby Proficient

Rujby   23

Posted
Filed: Lift. Cond. (apr) Country: Haiti
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Just remember, while it is USUALLY not a problem to file single, it is ABSOLUTELY incorrect and the IRS and/or NVC/consular officer COULD make a problem out of it if they so desired.

All my Haiti filers that filed single had no problem at the interview. Officers did not even bother asking.

Married---07/30/2011

USCIS Stage

11/07/2011-----I-130 Sent

11/10/2011---- NOA1 email received

11/14/2011---- Touched

1/4/2012 ------ RFE ( Request for Evidence ) email received

1/13/2012------ RFE document mailed to USCIS

1/25/2012------ NOA2 APPROVED ( Yahoooooooo )

NVC Stage

1/31/2012-------Case received at NVC

2/08/2012------- Case number received, IIN, both petitionner and benificiary email given

2/08/2012------- DS 3032 ( choice of agent ) emailed to NVC

2/10/2012------- AOS fee bill paid ( status: in progress)

2/13/2012--------DS 3032 accepted

2/14/2012-------- AOS fee bill shows " PAID" and IV fee bill invoiced

2/16/2012-------- IV fee bill shows " PAID"

2/17/2012-------- IV package sent via USPS

2/24/2012-------- IV package reviewed and accepted

3/27/2012-------- AOS checklist express mailed via USPS

3/28/2012-------- AOS Checklist received by NVC

3/30/2012-------- Case Complete ( Thank you Lord )

Medical / Consulate / POE

5/11/2012-------- Medical Exam

6/12/2012-------- Interview date / APPROVED

6/21/2012 -------- POE Newark, NJ

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StephanieM Proficient

StephanieM   60

Posted
Filed: Citizen (apr) Country: Dominican Republic
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I filed married/separate. Did not need to get ITIN for my husband or have him sign anything. Just put NRA (non-resident alien) in place of a SSN and mailed to the IRS. No problems. :thumbs:

01/01/2008 - Met
04/27/2010 - Engaged
08/23/2011 - Married
USCIS
10/03/2011 - I-130 Sent (USPS priority w/ delivery confirmation)
10/05/2011 - Package arrived at chicago lockbox
10/06/2011 - NOA1
11/09/2011 - NOA2 (no RFE's)
NVC
11/14/2011 - Petition received by NVC/ Received NOA2 by mail
11/21/2011 - NVC case # received by email/ Got AOS fee by email/ Called NVC to provide beneficiary email
11/27/2011 - Choice of agent (DS-3023) sent to NVC by email
.....took a break from process to delay interview....
01/26/2012 - Payed IV fee
01/27/2012 - IV fee status shown as PAID
02/07/2012 - Payed AOS fee
02/08/2012 - AOS fee status shown as PAID
02/09/ 2012 - DS-230 package sent to NVC (priority mail)
03/06/2012 - AOS package sent to NVC (priority mail)
03/12/2012 - Called NVC and found out about checklist. Sent revision to NVC that same day.
03/16/2012 - CASE COMPLETE!
04/11/2012 - Informed of interview via phone by DOS/ Got P4 email from NVC a few hours later that same day (May 4th)
SANTO DOMINGO CONSULATE
04/19/2012 - Medical
05/04/2012 - Interview (APPROVED)
05/10/2012 - Visa ready and picked up at domex
05/15/2012 - POE in Boston (together)
U. S. A
05/29/2012 - Went to SS office to apply for SS card
06/01/2012 - Welcome letter arrived (Received about 3 of these)
06/05/2012 - Green card arrived
06/15/2012- Back to SS office with green card to reapply and inquire about delay
06/18/2012 - Picked up SSN at SSA office
06/22/2012 - SS card arrived by mail

04/24/14 - Sent I-751 to remove conditions

06/09/14 - Biometrics

11/2014 - RFE from USCIS requesting more evidence before approval

Late Jan - Sent further evidence of marriage

03/05/2015 - Got letter of approval for removal of conditions

03/15/2015 - Permanent 10 yr green card received via mail

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lizka Collaborator

lizka   3

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Filed: Country: Spain
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Posted

Yes it's a problem. She is married NOT single. She must file "married filing separately" or "married filing joint". Separately would be better if she isn't in the US. She can file for head of household but she STILL needs to file as "married"

This is incorrect. You need to amend your tax returns to file "married filing separately". Aside from it being the proper legal route you should get a bigger return.

Which is incorrect advise for them to give her. They would write "NRA" (for Non-resident Alien) in the SSN section when filing married filing separately.

i disagree, spoke with NVC and IRS and they both confirmed, also see below the information directly from IRS website, i filed on line and NRA is NOT accepted, my husband lives abraod, no ITIN number and SSN, so it was impossible to file, so i called IRS and was (to my great surprise) told to file as single.

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.

Just remember, while it is USUALLY not a problem to file single, it is ABSOLUTELY incorrect and the IRS and/or NVC/consular officer COULD make a problem out of it if they so desired.

perhaps, but i asked NVC about it, and she negated any issues whatsoever. i guess i'll see...

I am going through the same thing right now. I filed head of house hold since we didn’t live together for more the half of the year and my lawyer actually advised me to have my taxes amended because they could deny his visa for that. It has to do with proof of relationship stuff. She did say its not 100% that they would deny us over this but we are not taking any chances and having our taxes amended.

they will NOT deny you over this, bring the information i listed above its directly from IRS website

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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Darnell Grand Master

Darnell   8,478

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

you could file a paper return with the W-7 form to the special W-7 intake address in Austin Texas.

Give it a go, what do you have to lose?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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lizka Collaborator

lizka   3

Posted
Filed: Country: Spain
 Timeline
Posted

you could file a paper return with the W-7 form to the special W-7 intake address in Austin Texas.

Give it a go, what do you have to lose?

i already got my return, will adjust once my husband is here and actually eligible for taxes. :-) thanks :blush:

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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