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NikLR Grand Master

NikLR   13,231

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted

If you are from a high fraud country or one that is known to have issues with the USA, do not file as single. Firstly, you're lying to the US government about your marital status when you do this, I don't care what your tax preparer has told you. Ask if you can get an ITIN for your spouse. If they look at you like you just grew a third eye or don't know what an ITIN is, walk away because all they want is your money. Secondly, it is possible that the consular officer could look at those tax transcripts negatively and ask why you are trying to hide your marriage from the US government. It's possible they won't ask anything either, but for high fraud countries, this is not a chance you want to take.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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novedsac
novedsac

The impact to your immigration process will be minimal, if at all. However, he should amend his tax return to MFS by filing Form 1040X, printing 'NRA' where it asks for your SSN. As he won't be clai

gabrielv
gabrielv

My husband file single ever since we are married. We ask the person filing his taxes about our situation and he said it's okay to file as single and we can Amend it after I get my SSN and no problem w

CarlosAndSveta
CarlosAndSveta

NRA for spouse's SSN only works for Married Filing Separately. To file jointly the nonresident alien spouse must have an SSN or apply for an ITIN with your joint return.

mirian&john Explorer

mirian&john   1

Posted
Filed: Citizen (pnd) Country: Brazil
 Timeline
Posted

Does your child live with the USC? I believe they need to live with whomever is filing HOH to qualify for at least half the year.

Were the requirements met according to http://www.irs.gov/pub/irs-pdf/p501.pdf ??

Either way, if he can claim HOH that is okay. The options for married couples are: married filing separately, married filing jointly, and head of household (with qualifying household member.)

Yes, we three live together. I as a alien (still on my valid B2 visa, but going to apply for adjustment), my husband and daughter are both USC (our daughter was born in Brazil but had a report of birth abroad and acquired her citizenship), so he does meet the requirements for HOH. Married filing separately is not an option for us, since I am not filing separately (I'm not filing at all).

But I think this whole conversation is actually to make sure we wouldn't have problems on our visa process, and not if we are getting more or less money back. I mean, when I send my AOS, which my husband will be my sponsor, and the officer sees that on his taxes he is single... would that be a problem?

04/04/2012 Got marriage

I-130 (originally sent as a IR-1/CR-1 Visa)

05/31/2013 Package delivered

06/02/2013 E-notifications (text/email)

06/22/2013 NOA1 hardcopy received

12/18/2013 Transferred & being processed at NSC

02/19/2014 NOA2 (Approved)

 

AOS (changed from IR-1/CR-1 Visa to AOS from B2)

03/24/2014 Package delivered (signed by J C)

04/04/2014 E-notifications (text/email) & check cashed

04/08/2014 NOA1 hardcopies received

04/10/2014 Biometric appointment for 04/29

05/06/2014 Late biometric done (had a cut in one finger)

05/12/2014 Case update to Testing & Interview

06/04/2014 EAD card in production

06/12/2014 EAD delivered

06/12/2014 Interview schedule for June 17th

07/17/2014 Approved on the spot

 

N-400 Citizenship

05/02/2017 Package sent

05/05/2017 Package delivered

05/10/2017 Check cashed

05/09/2017 NOA date

05/15/2017 NOA in the mail

06/02/2017 Fingerprint appointment

06/19/2017 In line for interview

10/30/2017 Interview (approved in the spot)

11/08/2017 Oath Ceremony

Virtuous45 Enthusiast

Virtuous45   31

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

Yes, we three live together. I as a alien (still on my valid B2 visa, but going to apply for adjustment), my husband and daughter are both USC (our daughter was born in Brazil but had a report of birth abroad and acquired her citizenship), so he does meet the requirements for HOH. Married filing separately is not an option for us, since I am not filing separately (I'm not filing at all).

But I think this whole conversation is actually to make sure we wouldn't have problems on our visa process, and not if we are getting more or less money back. I mean, when I send my AOS, which my husband will be my sponsor, and the officer sees that on his taxes he is single... would that be a problem?

OP, from what I've read on VJ, if the USC is married, as the Petitioner, they should file "Married filing separately". Which means your husband cannot again be "single" once he's married. and hence should file MFS until you are there with him and starts working. Then you can both file "married filing jointly". You as the beneficiary is not eligible to file US taxes since you are not a citizen yet. My husband had to file "married filing separate" since I'm the beneficiary and not yet in the US.


event.png


April 2, 2014: I-130 Filed with Chicago Lockbox

April 7, 2014: Packaged received by USCIS

April 8, 2014: Received NOA 1

Sept. 17, 2014: Received NOA 2. Case APPROVED with no RFEs

Oct. 17, 2014: Case # Assigned by NVC (Same day case was received, according to Julian # calculation)

Oct. 21, 2014: Received letter from NVC

Oct. 22, 2014: DS-261 completed and submitted to NVC

Oct. 31, 2014: Paid AOS invoice


Dec 08, 2014: Sent in IV & AoS packages

Dec 11, 2014: Package received by NVC

Dec 12, 2014: Received email from NVC acknowledging receipt. I assume this is our scan date

Dec 25, 2014: Paid IV bill

Dec 29, 2014: Funds deducted from bank account. DS-260 became available, and was completed

Dec 30, 2014: Submitted DS-260

Feb. 12, 2015: Case Complete with NO checklist! whoot, whoot!

Mar. 25, 2015: Received P4. Interview

April 29,2015: Completed medical examination

May 13, 2015: Interview Date APPROVED :dancing:

May 19, 2015: Received Package

Oct. 22, 2015: Travelled to my new home :) (In order to get IR-1 Green Card) Expiration date on IR-1/CR-1 Visa - Oct. 29, 2015

Nov 10, 2015: Received Social Security Card

Jan 4, 2016: LPR Green Card arrived.

NikLR Grand Master

NikLR   13,231

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

OP, from what I've read on VJ, if the USC is married, as the Petitioner, they should file "Married filing separately". Which means your husband cannot again be "single" once he's married. and hence should file MFS until you are there with him and starts working. Then you can both file "married filing jointly". You as the beneficiary is not eligible to file US taxes since you are not a citizen yet. My husband had to file "married filing separate" since I'm the beneficiary and not yet in the US.

Head of household is not single.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

WaitingStill Explorer

WaitingStill   24

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted

Just thinking out loud here, but what are you going to do when someone asks for your husband's tax return to show the relationship and it says "single?" IRS rules are very clear. If you are married on the last day of the year, the only filing statuses that are available to you are married filing jointly, married filing separately, or in some cases, if you've been separated and have a dependent child, head of household.

Deep35472 Community Regular

Deep35472   130

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

Tell him to seek several other opinions of other tax preparers.

Hi my Friend..

NRA in MFJ?

What do you think ?

Please come and join our friendly I-130 filers Immigration Visa Facebook group.

https://www.facebook.com/groups/297983330378608/

My Visa journey

Service center : National service center.

Consulate : Mumbai, India.

07-14-2013: Marriage

08-12-2013: I-130 PD

11-04-2013: I-129F PD

02-21-2014: NOA2 for I-130( I-129F closed)

03-11-2014: NVC received case

03-19-2014: NVC sent case back to USCIS

04-07-2014: USCIS got the case

sent case back to NVC again :P

4/11/2014: NVC case number assigned.

4/21/2014: AOS and IV fees Paid.

4/24/2014: DS-260 submitted.

5/01/2014: AOS packet scanned

5/01/2014: IV packet scanned

5/21/2014: case completed. Woooowwww

6/26/2014: Medical Day

7/13/2014: Biometrics day

07/14/2014: Interview date ( First Anniversary) (L)(L)(L)

CarlosAndSveta Proficient

CarlosAndSveta   808

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

Hi my Friend..

NRA in MFJ?

What do you think ?

NRA for spouse's SSN only works for Married Filing Separately. To file jointly the nonresident alien spouse must have an SSN or apply for an ITIN with your joint return.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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