Couple of in process questions

[Inlovewithacanuck 0]

Thank you for everyone who actively participates in this site. I went from a very daunting lawyer fee, and the unpleasantness that comes with dealing with them, to paying filing fees and understanding the process. We have completed and submitted our I-130 as my wife wishes to continue to work until she is eligible to work in the US.

Ok, so my questions. First with an I-130 in process will she be able to visit the US? She travels here for work, and to visit me. New are concerned,as we have heard she could be denied entry because of her in process paper work.

Second question. We married in Canada, so it is legally documented there. I am unsure how to file my tax return this year. I would think married filing separately, but there is no record of our marriage in the US. Should I file something locally to "register" our marriage in another country?

I can't wait for my new life to begin, I'm just over whelmed with the idea of another six or more months without her. The idea that she couldn't come here while that is going on is worrying.

Thank you to anyone who made it this far, wish us luck!

[The Mean Lady 604]

Your marriage is legal in the US.

You should file as married separate if you do not want to apply for an ITIN.

If you wish to apply for an ITIN, you must submit a W7 with the proper identification for your spouse.

I assume your spouse is also in Canada? You didn't select a country yet.

If so, traveling back and forth and visiting during the process is fine.

Just make sure when your spouse comes to the US, that they provide ties to their country such as a lease, current paystubs, letter from employer, bank statement, etc etc. Things that prove they're going back.

[scotinmass 588]

Thank you for everyone who actively participates in this site. I went from a very daunting lawyer fee, and the unpleasantness that comes with dealing with them, to paying filing fees and understanding the process. We have completed and submitted our I-130 as my wife wishes to continue to work until she is eligible to work in the US.

Ok, so my questions. First with an I-130 in process will she be able to visit the US? She travels here for work, and to visit me. New are concerned,as we have heard she could be denied entry because of her in process paper work.

Second question. We married in Canada, so it is legally documented there. I am unsure how to file my tax return this year. I would think married filing separately, but there is no record of our marriage in the US. Should I file something locally to "register" our marriage in another country?

I can't wait for my new life to begin, I'm just over whelmed with the idea of another six or more months without her. The idea that she couldn't come here while that is going on is worrying.

Thank you to anyone who made it this far, wish us luck!

If a marriage (which adheres to the federal definition of marriage) is legal in the country it is performed then it is legally recognized in the US. It doesn't have to be registered here.

Edited January 19, 2013 by scotinmass

[Inlovewithacanuck 0]

I'm a Native US citizen, and she is a Canadian citizen. Thank you for the fast response! That relieves a lot of stress.