NVC Filers - March 2013

[Elxan 4]

As we started to discuss the right way to file taxes, i have a question that bothers me.

Is there anything that petitioner should do if his/her taxes are filed as Married filing separately (MFS) for

the Tax Return in 2012, but previous two years has been filed as Single while he was married ?

Basically, the accountant has advised him to file as single in previous two years.

Should the petitioner amend the previous 2 year tax returns or just include an extra letter - explaining

why previous 2 years has been filed as single while he was married?

Which above approach is best to follow in order to have minimal/no issues with Embassy/NVC ?

[X Factor 1,111]

As we started to discuss the right way to file taxes, i have a question that bothers me.

Is there anything that petitioner should do if his/her taxes are filed as Married filing separately (MFS) for

the Tax Return in 2012, but previous two years has been filed as Single while he was married ?

Basically, the accountant has advised him to file as single in previous two years.

Should the petitioner amend the previous 2 year tax returns or just include an extra letter - explaining

why previous 2 years has been filed as single while he was married?

Which above approach is best to follow in order to have minimal/no issues with Embassy/NVC ?

Was he living with his former spouse when he filed single or seperated? Why did he do married filing seperate last year?

[Saylin 1,605]

Oh my god - so what should I do now. I asked my accountant and even my work place a bunch of times to submit Married Filing Separately but I was told that because spouse does not have SSN, I will not be able to add her.

In fact even my lawyer that I used for I-130 said it is up to me whether I file single or married since my spouse has never been here and has never worked since I got married (she is a student in India)

Now I am so worried - should I not send the AOS packet and just refile last years tax (and even this year tax that I just completed last week).

Or should I just go ahead with sending the packet. Just when I thought I was finally ready, I realized this issue with the taxes - I am so nervous now (((

Is there something I can do in advance - like writing a cover letter explaining why I filed single or even submitting a print out from my office - where they added my spouse as a beneficiary to my retirement plan etc?

Please help!!!!!!

First off, take a deep breathe. Do it.

Unfortunately, a lot of tax accountants (and apparently your lawyer) don't seem to understand that it doesn't matter where your spouse is, you're still married, whether your spouse is in the US with you or even living on the moon. You're still legally married.

For NVC, it won't matter if you filed single. I doubt they even look at that part of the tax transcript. So, send off your AOS package, no need to delay on that. I would highly recommend you get your taxes amended asap, and bring the new transcript, from your amended return, to the embassy. If they have any issues, explain how your accountant advised you to file single, but you saw later on that was incorrect way of filing as you're not legally single.

As we started to discuss the right way to file taxes, i have a question that bothers me.

Is there anything that petitioner should do if his/her taxes are filed as Married filing separately (MFS) for

the Tax Return in 2012, but previous two years has been filed as Single while he was married ?

Basically, the accountant has advised him to file as single in previous two years.

Should the petitioner amend the previous 2 year tax returns or just include an extra letter - explaining

why previous 2 years has been filed as single while he was married?

Which above approach is best to follow in order to have minimal/no issues with Embassy/NVC ?

Read the above response, it applies to you as well. Don't worry about NVC. I've never seen them care about the filing status before. Just have the petitioner amend the previous two years and bring those new transcripts to the interview.

[Elxan 4]

Was he living with his former spouse when he filed single or seperated? Why did he do married filing seperate last year?

He was living and working in US while his spouse was in oversea country. He was vising his oversea spouse every 4-5 month per a month or so.

They have been married and waiting till he gets the citizenship to apply for her IR-1 visa.

He filed as MFS this tax year (2012) after reading about taxes topic in immigration forums.

[coltoasty 14]

Thanks! Not yet, IA next week

Best of luck!

[coltoasty 14]

I was told by my tax accountant last year and this year that since my spouse does not have an SSN - I cannot file as married but have to file as single. When she comes here then I can send in an amendment if needed.

So for the last 2 years - 2011 and 2012 - I filed as single.

Now reading through all these forums is making me nervous. Should I have had the filing as married filing separately?

How will this impact my case - my I-130 is already approved but am sending the I-864 and Packet IV. I just filed my 2012 return (which I don't plan to send - I only plan to send my three year tax transcript from 2009, 2010 and 2011 (I got married in 2010 and got my marriage certificate in March 2011).

Can someone help me on what I can do to avoid any further issues?

I called the IRS, and was told something completely different.

I was told to file married filing jointly. Use the W7 and send a letter stating that your wife wishes to file jointly and your taxes combined for 2012. I got my spouse to sign the W7 and the letter, and i'm filing my 2012 taxes soon with the NOA1 copy, passport copy as well. Call the IRS.

[coltoasty 14]

I am new to the thread .

Can i email my hubbys ds3032 from my email ???

To be on the safe side, when your case# and IIN are generated, you give them your email address and your husbands email address, then I would send from his email address when NVC is ready for the DS-3032.

[floyd 0]

First off, take a deep breathe. Do it.

Unfortunately, a lot of tax accountants (and apparently your lawyer) don't seem to understand that it doesn't matter where your spouse is, you're still married, whether your spouse is in the US with you or even living on the moon. You're still legally married.

For NVC, it won't matter if you filed single. I doubt they even look at that part of the tax transcript. So, send off your AOS package, no need to delay on that. I would highly recommend you get your taxes amended asap, and bring the new transcript, from your amended return, to the embassy. If they have any issues, explain how your accountant advised you to file single, but you saw later on that was incorrect way of filing as you're not legally single.

Read the above response, it applies to you as well. Don't worry about NVC. I've never seen them care about the filing status before. Just have the petitioner amend the previous two years and bring those new transcripts to the interview.

Phew - thanks Saylin - that really helps calm me.

So this is what you suggest I do. I got married at the end of 2010. So for the year 2011 and the year 2012 I should file an amended tax return. Then I get proof of the amended tax return to the interview?

No need of cover letter or anything extra to be sent as part of the AOS packet correct?

That is good because it gives me at least some time (a couple of months or more perhaps) to get this all worked out (amending the tax return and filing as MFS)?

Just I am curious - we have a lot of proof that we are married - I have been meeting her every few months for the last 2 years and have plenty of tickets, photos etc.etc. So is the fact that I filed single going to create a problem in proving the validity of the marriage or is it that they could treat this as an IRS issue of not reporting correctly (I don't think the US Embassy has anything to do with IRS).

I called the IRS, and was told something completely different.

I was told to file married filing jointly. Use the W7 and send a letter stating that your wife wishes to file jointly and your taxes combined for 2012. I got my spouse to sign the W7 and the letter, and i'm filing my 2012 taxes soon with the NOA1 copy, passport copy as well. Call the IRS.

I already filed my 2012 tax return last week but will talk to my accountant next week.

My case is more complex than yours because I also filed single last year. I've been married two years.

[Saylin 1,605]

Phew - thanks Saylin - that really helps calm me.

So this is what you suggest I do. I got married at the end of 2010. So for the year 2011 and the year 2012 I should file an amended tax return. Then I get proof of the amended tax return to the interview?

No need of cover letter or anything extra to be sent as part of the AOS packet correct?

That is good because it gives me at least some time (a couple of months or more perhaps) to get this all worked out (amending the tax return and filing as MFS)?

Just I am curious - we have a lot of proof that we are married - I have been meeting her every few months for the last 2 years and have plenty of tickets, photos etc.etc. So is the fact that I filed single going to create a problem in proving the validity of the marriage or is it that they could treat this as an IRS issue of not reporting correctly (I don't think the US Embassy has anything to do with IRS).

I already filed my 2012 tax return last week but will talk to my accountant next week.

My case is more complex than yours because I also filed single last year. I've been married two years.

If you got married at the end of 2010, then you need to amend that year too (if you filed single). But yes, when you can (I suggest the sooner, the better), amend all the years that you filed single when you were actually married. Once the IRS has accepted and processed your return, request for those years' tax return transcripts again. They should now read MFS/MFJ (depending which way you go).

You can include a paragraph if you wish in the cover letter, but it's not needed. But if it'll make you feel better, do it!

As long as you send the amended returns relatively soon, it should only take a few weeks I expect. I doubt the IRS takes that long. Then just another week or so to receive the tax return transcript in the mail once you request it.

And whether filing single will be a big deal or not is up to the embassy and the officer who receives your case. Some might not even notice, some might notice, but not care. Everyone's different. Just bring all the evidence you can to the interview, along with the new transcripts, and keep your fingers crossed!

[AKSinghSingh79 143]

I hope we get a case number before our NOA2 1 month mark. I asked for an expedite but they said they can't do that since it's not been outside of normal processing times. Hey it was worth a shot.

I'm going to wait a while and call next Wednesday.

[NikLR 13,227]

I gave the hubs control of calling. He doesn't do it.... I guess I'll call on Monday if he hasn't again.

[ShirahBet 42]

You also have to consider that if you're married filling jointly, you have to include your spouse's income from abroad, whereas married filling separately is solely your income. There's no real tax benefit to filing separately as there is filing jointly, but the hassle of proving foreign income isn't worth it for me or of getting the ITIN.

[champi 13]

Wow, for the first time I am feeling like weekend is waste of time and I want to pass it quickly so Monday can be here soooon!!!

[Sarsoor 8]

Wow, for the first time I am feeling like weekend is waste of time and I want to pass it quickly so Monday can be here soooon!!!

hahaha I feel the same too! This is sad tho haha!

[Roosha 51]

Wow, for the first time I am feeling like weekend is waste of time and I want to pass it quickly so Monday can be here soooon!!!

loool I think this comment is stated every 10 or 15 pages in every NVC thread! We ALL feel this way!

I haven't had a chance to update but as you can see from my signature all payments have cleared (IV bill took only 1 day! Guess they were making up for taking 8 days with the AOS bill? lol) and all packages have been sent. I should give it a week before I start calling for case complete, right? They should receive both IV and AOS packages on Monday...