filling as single in my tax return

[apple21 953]

Uuhhhmmm in our Facebook group, all the f2a petitioner's filed their ITR as single, no one had issues with NVC and the US Embassy Manila. Their beneficiaries were all issued f2a visas. They just made the necessary tax adjustments when the beneficiary is in the US already. Never heard a complaint from any of them about IRS penalties or whatever.

I mean if its wrong, why would the embassy still approve their visas? They have shown proof that they pay taxes and their income are above the poverty level.

[JohnR! 5,495]

Uuhhhmmm in our Facebook group, all the f2a petitioner's filed their ITR as single, no one had issues with NVC and the US Embassy Manila. Their beneficiaries were all issued f2a visas. They just made the necessary tax adjustments when the beneficiary is in the US already. Never heard a complaint from any of them about IRS penalties or whatever.

I mean if its wrong, why would the embassy still approve their visas? They have shown proof that they pay taxes and their income are above the poverty level.

Yes, it is wrong. Even when people don't get caught, it is still wrong. It is quite simple, really.

[Dave&Roza 748]

Uuhhhmmm in our Facebook group, all the f2a petitioner's filed their ITR as single, no one had issues with NVC and the US Embassy Manila. Their beneficiaries were all issued f2a visas. They just made the necessary tax adjustments when the beneficiary is in the US already. Never heard a complaint from any of them about IRS penalties or whatever.

I mean if its wrong, why would the embassy still approve their visas? They have shown proof that they pay taxes and their income are above the poverty level.

The IRS is responsible for policing tax issues not the USCIS. The USCIS is only using the IRS tax code to see if people new to the US understand that they must follow the laws of the US and filing a tax return each and every year (or showing why you are not required to file) is one of those US laws. To my mind, filing single verses filing married is not a big deal in the legal sense--the same as going 65 in a 60 MPH speed zone. Is the IRS going to go after these people? No, becasue they over paid their taxes. If you were to have each of these people file single or married filing jointly or married filing seperately (which is like filing as single except you do put your spouse's name on the return) and compare each different method of filing, I almost bet you 90-95% of the time they would owe the same or lower taxes. So from a TAX stand point it is a non-issue.

Now let's look at it form the USCIS' standpoint. Okay, you filed taxes and made over the 125% of the poverty guidelines. Great visa approved. Now two years later it is time to show co-mingling of the married couples lives. 3 years of tax returns, but only the last one filed as married. But you were married 2 years ago and filed as single--WHY? I do not think you have sufficient proof of joining your lives as you have no joiint bank accounts, or property, or most importantly no joint tax returns except for one. NOW it becomes an issue. This is a several year, multiple step process that builds on the previous steps. Take a short cut early on and it MAY come back to bit you big time. So most of us here on VJ are the conservative type when it comes to dealing with the USCIS. YMMV.

Dave

Edited June 24, 2013 by Dave&Roza

[kokobearus 4]

Don't advice to people who don't want to listen. If you are married, you are married everywhere!

[apple21 953]

The IRS is responsible for policing tax issues not the USCIS. The USCIS is only using the IRS tax code to see if people new to the US understand that they must follow the laws of the US and filing a tax return each and every year (or showing why you are not required to file) is one of those US laws. To my mind, filing single verses filing married is not a big deal in the legal sense--the same as going 65 in a 60 MPH speed zone. Is the IRS going to go after these people? No, becasue they over paid their taxes. If you were to have each of these people file single or married filing jointly or married filing seperately (which is like filing as single except you do put your spouse's name on the return) and compare each different method of filing, I almost bet you 90-95% of the time they would owe the same or lower taxes. So from a TAX stand point it is a non-issue.

Now let's look at it form the USCIS' standpoint. Okay, you filed taxes and made over the 125% of the poverty guidelines. Great visa approved. Now two years later it is time to show co-mingling of the married couples lives. 3 years of tax returns, but only the last one filed as married. But you were married 2 years ago and filed as single--WHY? I do not think you have sufficient proof of joining your lives as you have no joiint bank accounts, or property, or most importantly no joint tax returns except for one. NOW it becomes an issue. This is a several year, multiple step process that builds on the previous steps. Take a short cut early on and it MAY come back to bit you big time. So most of us here on VJ are the conservative type when it comes to dealing with the USCIS. YMMV.

Dave

ROC you mean?

[Dave&Roza 748]

ROC you mean?

We really need an acronym pinned post here for VJ.

POE is point of entry.

AOS is adjustment of status.

ROC is Removal of conditions.

GC is green card.

SSN is social security number.

SSA is social security administration.

EAD is employment authorization.

AP is advance parole.

And also remember that GIYF.

Dave

[newacct 688]

We really need an acronym pinned post here for VJ.

POE is point of entry.

AOS is adjustment of status.

ROC is Removal of conditions.

GC is green card.

SSN is social security number.

SSA is social security administration.

EAD is employment authorization.

AP is advance parole.

And also remember that GIYF.

Dave

AP sometimes = Administrative Processing, sometimes = Advance Parole

AOS sometimes = Adjustment of Status, sometimes = Affidavit of Support

[apple21 953]

We really need an acronym pinned post here for VJ.

POE is point of entry.

AOS is adjustment of status.

ROC is Removal of conditions.

GC is green card.

SSN is social security number.

SSA is social security administration.

EAD is employment authorization.

AP is advance parole.

And also remember that GIYF.

Dave

I know what ROC means.

I asked if you were referring to ROC when you said this: "Now two years later it is time to show co-mingling of the married couples lives...."

[Dave&Roza 748]

I know what ROC means.

I asked if you were referring to ROC when you said this: "Now two years later it is time to show co-mingling of the married couples lives...."

Yes.

[rasglobal 0]

You seems like blaming others that everyone gives you wrong idea. but what about you...how you came usa as single when you been married before. Did you mentioned single during the lottery. If so..you the one started wrong path..