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lizka

Has ANYONE filed single on 2011 tax returns and gone to the interview?

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Filed: Citizen (apr) Country: Russia
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The supreme court actually ruled that in tax issues, it's a valid defense to claim ignorance due to the complexity of US tax laws. It's actually one of the only areas of the law where claiming ignorance is considered viable defense.

Without having much knowledge about this matter, I'd like to add my personal opinion that if the supreme court claims that US tax laws are too complex and confusing for normal people to be expected to file correctly, the embassy should accept the "i really didn't know" excuse.

I worked in the US last year (legally) and my wife's tax lady who filed our taxes filed us married filing jointly.

That being said, I don't know if that was the correct thing to do, but we are married afterall..

Do you have a citation for this Supreme Court case you are talking about?

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I just did my taxes and listed 'married-filing separately'. In the section that requests my husband's SSN, I put N/A-foreign national. Worked for me last year. Can't see a problem with it this year.

06-Jan-2010: Moved to Australia on fiancee visa

18-Apr-2010: Married

09-Nov-2011: Mailed I-130 to Chicago

24-Nov-2011: Received NOA-1 via email, file routed to CSC (priority date Nov 22)

06-Dec-2011: Received NOA-1 via mail in Australia

07-Dec-2011: Received NOA-2 via email

16-Dec-2011: Received NOA-2 via mail in Australia

09-Jan-2012: Received NVC case number

09-Jan-2012: Emailed completed DS-3032

10-Jan-2012: Received I-864 Bill

10-Jan-2012: Pay I-864 Bill

12-Jan-2012: Accepted DS-3032/Receive IV Bill

12-Jan-2012: Pay IV Bill

11-Feb-2012: Mailed I-864 & IV

13-Feb-2012: I-864 & IV received at NVC

16-Feb-2012: RFE

27-Feb-2012: Sent response to RFE

05-Mar-2012: Case complete

03-Apr-2012: Interview *Approved*

21-May-2012: POE-Dallas

08-Jun-2012: Received SSN & Welcome letter

11-Jun-2012: Received Green Card. Done.

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Filed: Country: Spain
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I just did my taxes and listed 'married-filing separately'. In the section that requests my husband's SSN, I put N/A-foreign national. Worked for me last year. Can't see a problem with it this year.

awesome thank you so much

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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Filed: IR-1/CR-1 Visa Country: Belgium
Timeline

I worried and worried over this, I just filed taxes and this is how I did it:

I filed married filing jointly, we filled out a W-7 for an ITIN Number, my husband's income was listed on the return but then it was excluded for not being in the USA. We sent the W7 that was filled out by my husband to the tax return and sent it to Austin, Texas.

I haven't received my refund yet so not sure it worked but it made sense to me and a professional did it.

Good Luck!

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Filed: K-1 Visa Country: Philippines
Timeline

I worried and worried over this, I just filed taxes and this is how I did it:

I filed married filing jointly, we filled out a W-7 for an ITIN Number, my husband's income was listed on the return but then it was excluded for not being in the USA. We sent the W7 that was filled out by my husband to the tax return and sent it to Austin, Texas.

I haven't received my refund yet so not sure it worked but it made sense to me and a professional did it.

Good Luck!

If you file a joint return, you are supposed to include your worldwide income, where ever it was earned.

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Filed: Country: Spain
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And I did, but then it was excluded, but it still lists on the return.

yeah i filed single and got my return, so i have to ammend to MFS since my husbands income is not relevant nor do we want to pay double taxes on his earnings in spain. i will have to pay back uncle sam since i'm married no more deductions for my student loans, :blink:

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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Filed: Other Country: Brazil
Timeline

Check it out what IRS says about that. Single- Your filing status is single if, on the last day of the year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree, and you do not qualify for another filing status..."

http://www.irs.gov/publications/p17/ch02.html

Lizka you have a few options.Your marital status on the last day of the tax year determines your status for the entire year, then you can only file as single if you are unmarried or considered unmarried for the entire year. You are considered unmarried for purposes of head of household if you lived apart from your spouse for the last 6 months of the tax year.You can file as married filling joint if you were married at the end of the tax year,whether or not you’re living together, and you have the option to treat your wife non resident as a US resident, but both of you will be taxed on worldwide income.

Suerte.

Edited by sandranj
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Filed: Country: Spain
Timeline

In other words...worthless? That's been my experience with both!

honestly just use the website, i think that if your spouse is not here nor has ever lived in the us, you should file married filing separately, it's the easiest way to go, no ITIN no nothin, i should have done that from the very beginning.

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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Filed: Citizen (pnd) Country: India
Timeline

I had the same question, but then I asked the IRS Tax specialist and the TurboTax Tax specialist and both suggested that I file as Married but filing Separately. You will not be able to eFile the Federal tax so you will have to print them out and write "Alien" in the SSN column for your spouse.

My Tax return went through and I got the return. I am no expert, but to be on the safe side, I would suggest filing an adjustment.

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Filed: IR-1/CR-1 Visa Country: Syria
Timeline

I filed Head of Household. I followed the IRS, and said he is non-resident alien, never been here, no income. Per the IRS, I was fine filing head of household. However, I do have children I claim as dependents. Donno if that makes a difference. And from what I understand, Head of Household is not necessarily filing single. I would not have checked the single box. Go online, or talk to the irs. We can all give you advice, but that is all it is. Ask a professional.

9/21/11 - Married in Syria
11/16/11 - Fedex I-130
11/17/11 - Received at USCIS
11/18/11 - Text received from USCIS - papers received - sent to California for processing
11/21/11 - touched
11/22/11 - check cleared - Received NOA1 form in mail
3/9/12 - Approved!!! NOA2!!! 113 days!
3/15/12 - NOA2 received in mail
3/19/12 - NVC received - no case # yet
4/3/12 - Case number received!
4/4/12 - Paid AOS bill (in process) and completed DS-261 Agent form / also emailed request to transfer to Beirut, Lebanon for interview
4/5/12 - AOS bill shows paid!
4/6/12 - emailed I-864ez and tax info
4/9/12 - (rec. confirmation email)I-864 and tax documents received by NVC / request to transfer embassy denied
4/30/12 - finally received confirmation email aos/i-864 approved (case was held due to embassy transfer request!!!)
5/2/12 - IV bill appeared online - paid!
5/3/12 - IV bill shows paid!
5/10/12 - FINALLY submitted DS-260 and emailed all supporting documents
5/15/12 - checklist from NVC - needed different marriage certificate
5/20/12 - emailed other marriage certificate
5/21/12 - email received
5/29/12 - CASE COMPLETE! FINALLY!!!

6/4/12 - Interview Scheduled

7/22/12 - INTERVIEW! APPROVED! NO A/P. KEPT HIS PASSPORT

7/28/12 - Visa in hand

7/29/12 - POE Philadelphia!

Removing conditions:

5/5/14 - Mailed form I-751

5/6/14 - Packet received at USCIS Vermont - signed for by A.Scoss

5/6/14 - NOA1 receipt date

5/13/14 - Check Cashed

5/13/14 - Received NOA1 in mail

5/19/14 - Received notice of Biometrics

6/11/14 - Biometrics

12/10/14 - Approval Letter Date!

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