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Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted (edited)

Hello VJ Members,

Recently, my father filed his taxes as well as mine. Because I don't have a steady income and haven't worked since living aboard with my husband, my father is the co-sponsor. I worked from 01/2012 - 05/2012 and I was engaged at that time. I am sure when I get my interview scheduled, the embassy will ask for both my father's and my recent taxes. I filed as single since my husband doesn't live in the US nor has a SSN. Is that the right route to have gone? I heard about the ITIN but I didn't really look into it until now. What do you VJ members think? Feedbacks will be appreciated. Thanks!

Edited by Sangita
Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

Hello VJ Members,

Recently, my father filed his taxes as well as mine. Because I don't have a steady income and haven't worked since living aboard with my husband, my father is the co-sponsor. I worked from 01/2012 - 05/2012 and I was engaged at that time. I am sure when I get my interview scheduled, the embassy will ask for both my father's and my recent taxes. I filed as single since my husband doesn't live in the US nor has a SSN. Is that the right route to have gone? I heard about the ITIN but I didn't really look into it until now. What do you VJ members think? Feedbacks will be appreciated. Thanks!

If you were not married at the end of the tax year then single is correct otherwise you need to amend your taxas to married, married filed separately or single head of household.

This will not be over quickly. You will not enjoy this.

Posted

I was married before the end of the tax year. So that means I have to amend it. My next question is should I put married filing separately? Thank you for responding.

I suggest you amend your return after your husband arrives into the US. You can amend your return to “Married Filing Joint” with your husband upon his procural of a valid US Social Security number.

Marriage : 2012-08-24 In Bangladesh

USCIS
2012-09-11: I-130 Sent
2012-09-14: USCIS Received
2012-09-14: I-130 NOA1
2013-01-11: I-130 NOA2 Approved (118 days)

NVC
2013-01-14: NVC Received
2013-01-31: NVC Case # issued/IIN issued
2013-01-31: E-mailed Completed DS-3032
2013-02-06: Received DS-3032 / I-864 Bill (AOS)
2013-02-06: Pay AOS Bill
2013-02-07: AOS Bill Shows Paid
2013-02-08: Sent Completed I-864
2013-02-11: NVC Received I-864 Package
2013-02-13: NVC Accepted DS-3032
2013-02-14: Received IV Bill
2013-02-14: Pay IV Bill
2013-02-15: IV Bill Shows Paid
2013-02-15: IV Packet Sent
2013-02-15: AOS Package accepted
2013-02-19: NVC Received IV Packet
2013-02-25: IV Accepted
2013-02-25: Case Completed at NVC
2013-03-07: Received Instruction Package/Interview Date
2013-03-22: NVC Left

Embassy
2013-03-27: Embassy Received
2013-04-04: Medical
2013-04-17: Interview Date
2013-04-18: Visa Received
2013-04-28: US Entry
2013-xx-xx: SSN Received
2013-05-16: Green Card Received

abp4kt.png

Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)

I was married before the end of the tax year. So that means I have to amend it. My next question is should I put married filing separately? Thank you for responding.

I would do head of household. A lot of CR-1/IR-1 filers file single and amend after the spouse is in the US. This is wrong and actually could be construed as tax fraud. Technically you need to file as head of household and then once the spouse is here you can change to married joint or whatever if you want to.

Edited by Vanessa&Tony
Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

I'm getting different answers and don't know which one to choose. I know for sure now that I cannot file as "single". My dad already sent out the 2012 taxes. So how do I go about making the changes? Should I talk to my accountant and have him file again or contact the IRS and let them know what's going on?

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

Hello VJ Members,

Recently, my father filed his taxes as well as mine. Because I don't have a steady income and haven't worked since living aboard with my husband, my father is the co-sponsor. I worked from 01/2012 - 05/2012 and I was engaged at that time. I am sure when I get my interview scheduled, the embassy will ask for both my father's and my recent taxes. I filed as single since my husband doesn't live in the US nor has a SSN. Is that the right route to have gone? I heard about the ITIN but I didn't really look into it until now. What do you VJ members think? Feedbacks will be appreciated. Thanks!

If you already filed your taxes,you will have to amend it. If not,I recommend to file an extension since your husband doesn't have SSN or ITIN. You will have till Oct 15 to file if approved. Just have to make sure you don't owe IRS anything,if you do,you will have to pay it by Apr 15. I chose to file an extension myself.

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

I was married before the end of the tax year. So that means I have to amend it. My next question is should I put married filing separately? Thank you for responding.

Ignore my initial post

Since you have already filed and married before end of tax year,you WILL have to amend it. If I were you, I would amend it after your spouse arrives and gets his SSN and amend it under "Married,filing jointly" to get maximum refund. I believe you have 3 years to amend it,good luck.

Filed: IR-1/CR-1 Visa Country: Myanmar
Timeline
Posted (edited)

I'm getting different answers and don't know which one to choose. I know for sure now that I cannot file as "single". My dad already sent out the 2012 taxes. So how do I go about making the changes? Should I talk to my accountant and have him file again or contact the IRS and let them know what's going on?

Talk to your accountant and have him/her amend the tax return to married filing separately. IRS can't change anything in their system unless you file the ameneded return so no point in calling them.

Once your husband arrive and have his SSN you can amend the return to married filing jointly for maximum tax benefit, IF you want. Depending on your income, you may not have any taxes taken out/pay so you may not want to bother with amending to jointly later. You have 3 years to amend.

Don't leave it as single since it is incorrect plus you might want to show something that states "married..." during the interview.

Good luck!

Edited by Panda Sky
Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted

Arrrgh a dilemma I am hoping to confront soon...how best to file having just married late last year.

GOD has been WONDERFUL!!!
CR-1 (for Husband):
09/15/2012: Got Married
09/26/2012: Mailed I-130 from Nigeria( delayed by customs)
USCIS stage ( 66 days)
10/12/2012: NOA 1
12/17/2012: NOA 2 (case was transferred to NYC office 11/27/12)
NVC stage ( 20 days)
01/08/2013: Case # and IIN assigned ( file arrived NVC mail room 12/20/12)
01/09/2013: AOS invoiced and paid, DS-3032 emailed and mailed.
01/16/2013: IV invoiced &paid. AOS & IV mailed in one package(arrived 01/18).

01/28/2013: Case complete!!!
04/19/2013: Interview; APPROVED!!!!!
05/13/2013: POE; JFK


N-400: (3 months and 12 days)
Filed N-400 : 2011-06-17
Interview: 2011-09-27
Oath Ceremony: 2011-09-30

IR-5 for Mom Entire process took 5 months exactly
USCIS (22days)

mailed I-130 : 2011-09-30
NOA 1: 2011-10-03 (text & email)
NOA 2: 2011-10-25 (text and email)
NVC: (19 days)
Case entered and # assigned: 2011-11-18
NVC Case COMPLETED: 2011-12-07 ( 43 days from NOA 2 and 65 days from NOA 1)
Interview Date(Lagos): 2012-01- 23
Mom was late for interview
New Interview date: 2012-02-29 : VISA APPROVED

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

Thank you for the replies. As annoying as this is, I have to get it changed so I don't run into trouble at the time of the interview. I will be speaking to my accountant today so let's see what he has to say. Again, thanks everyone :)

Posted

You have 2 options.

1. Amend it for "Married Filing Separately" and write "NRA" (non-resident alien) in the foreign spouse's Social Security Number box. Not recommended because your refund will be smaller. Yes this is a legal method and is listed on form 1040's instructions, page 13.

2. Amend it for "Married Filing Jointly". You need to send in a form W-7. The form and tax return (amendment) needs to be sent to the address in the form W-7 instructions. This will get your foreign spouse an ITIN. Follow the instructions for form W-7. You need to send in more evidence documents also.

Form W-7: http://www.irs.gov/pub/irs-pdf/fw7.pdf

Form W-7 instructions: http://www.irs.gov/pub/irs-pdf/iw7.pdf

I just finished filing my federal return using the W-7 option. It will take 1 to 2 months longer to get processed, but you'll get a much larger return. (unless your foreign spouse made a lot of money)

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

You have 2 options.

1. Amend it for "Married Filing Separately" and write "NRA" (non-resident alien) in the foreign spouse's Social

Security Number box. Not recommended because your refund will be smaller. Yes this is a legal method and is listed on form 1040's instructions, page 13.

2. Amend it for "Married Filing Jointly". You need to send in a form W-7. The form and tax return (amendment) needs to be sent to the address in the form W-7 instructions. This will get your foreign spouse an ITIN. Follow the instructions for form W-7. You need to send in more evidence documents also.

Form W-7: http://www.irs.gov/pub/irs-pdf/fw7.pdf

Form W-7 instructions: http://www.irs.gov/pub/irs-pdf/iw7.pdf

I just finished filing my federal return using the W-7 option. It will take 1 to 2 months longer to get processed, but you'll get a much larger return. (unless your foreign spouse made a lot of money)

This is very helpful. Thank you for posting the links. I will go with the first option as I don't know if all this will be finished before my interview date (April, if I'm lucky otherwise May). Again, thank you :)

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

One more question. Would I run into a problem with the Mumbai Embassy or any embassy for that matter if I didn't amend my taxes and kept it single for now? I'm going to change it to "married filing separately" but in general what do you think will happen at the time of the interview? Has anyone experienced this?

 
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