how can this be resolved?

[300 (Despearate) 10]

hello members,

my problem is simple yet confusing. i was married in april 2013. my spouse is in another country. she had never been to US. i just filed her petition I130 in may 2013. now at the time of 2013 tax returns i was filing my tax through turbo tax and question came up that i am married or not. of course i put married so turbo tax was asking her social security number ( which she dont have cuz she never been to USA). turbo tax didnt let me go to next page until i put her ssc number. so i put single and file taxes. now her interview was feb 04 2014 and i had to file taxes before she goes to interview show she can show that my income is 125%.

Question is did i file the taxes right by showing myself as single?

if i amend my tax returns and file again will this affect her petition?

will that delay her case?

my wife case is in administrative processing rite now

thank you

[Erica & L 50]

You should have put "married filing separately" and wherever it asked for her SSN, you put "NRA" for Non-Resident Alien.

The trick is, you can't efile when you do this, so wherever it asks for the SSN you skip, complete the return, print it out, fill in NRA in the appropriate area by hand, then mail.

When you said it "didn't let you go to the next page until you put in a number" I find that strange because I also used TurboTax, did MFS and put NRA in for myself when I did my wife's taxes and I had no issues. It came up as a "suggested error" but did let me pass it and continue.

You are not legally single, so they may question why you didn't file MFJ or MFS. I suggest you amend and that way you have the corrected tax forms just in case any issues arise and also just to keep your tax history accurate.

[300 (Despearate) 10]

thank you for the answer but even if i do amend taxes and do the right way... will this effect my wife immigration case cuz she already had an interview she is in administrative processing and my 2013 tax returns embassy asked her so she gave to them. surprised thing is that embassy didnt have any issue when i filed single if they had any issue they would have told my wife at the time of interview when she was giving them my 2013 tax returns...... should i wait till next year to amend the taxes so my wife could come here or should i amend the taxes and wait for embassy if they have issue later on then send my amend taxes??

[WaitingStill 24]

After she arrives, have her get her social security number, then file your amended return. You can amend a tax return any time within three years of the date it was due by filing form 1040X. On the 1040X there is a place to explain why you are amending.

If your wife for some reason cannot obtain a social security number ( I can't think of a reason why, but just for argument sake) then you will have to have her fill out a form W7 Request for Individual Tax ID number (ITIN) and mail it with the tax return. The IRS will assign an ITIN for tax purposes.

[Sal1234 0]

I am agreed with the above responses; I will not recommend to amend at this moment. If your marriage is less than 2 yrs old and your spouse will be on CR after arrival then your ammended tax will be one of the supporting document towards changing Conditional Residence (CR) to Permanent Residence (PR). Ammending tax during the counselor processing is considered to be risky and they sometime look for the reasons to object. For now, you should be fine as long as you are above 125% of poverty line and if not then have a co-sponsor.

In my case, I am waiting for the NOA2 which is way before CO Interview. I mailed my taxes (MFJ) with W-7 Form. I am still waiting for the ITIN to file my State Tax. It takes quite a bit of time till they send a ITIN through the snail mail. I will be most likely submitting electronic form for State Tax Filling Extension. In your case, time is luxury which you don't have.

Turbo-Tax will not allow you to get ahead till you have a SSN for your wife and this is the Fact. You can use 111-11-1111 or 999-99-9999, let the turbo tax calculates the numbers and then Print it out. Now fill the new 1040 Form online w/o the dumy SSN, fill the W-7 with supporting Document and mail it to the IRS address given on the W-7 Form. Online submission w/o SSN or ITIN are not possible.

[TYorke1 9]

I am agreed with the above responses; I will not recommend to amend at this moment. If your marriage is less than 2 yrs old and your spouse will be on CR after arrival then your ammended tax will be one of the supporting document towards changing Conditional Residence (CR) to Permanent Residence (PR). Ammending tax during the counselor processing is considered to be risky and they sometime look for the reasons to object. For now, you should be fine as long as you are above 125% of poverty line and if not then have a co-sponsor.

In my case, I am waiting for the NOA2 which is way before CO Interview. I mailed my taxes (MFJ) with W-7 Form. I am still waiting for the ITIN to file my State Tax. It takes quite a bit of time till they send a ITIN through the snail mail. I will be most likely submitting electronic form for State Tax Filling Extension. In your case, time is luxury which you don't have.

Turbo-Tax will not allow you to get ahead till you have a SSN for your wife and this is the Fact. You can use 111-11-1111 or 999-99-9999, let the turbo tax calculates the numbers and then Print it out. Now fill the new 1040 Form online w/o the dumy SSN, fill the W-7 with supporting Document and mail it to the IRS address given on the W-7 Form. Online submission w/o SSN or ITIN are not possible.

May I ask what you mean by " Ammending tax during the counselor processing is considered to be risky and they sometime look for the reasons to object"?

Is this you speculating that it is risky or have you actually seen that it can be risky. I dont see why correcting a genuine mistake on your taxes can cause them to deny anyone. After all it is illegal to have an incorrect status with IRS.

The reason I ask is because my wife has amended her tax returns from single to married and I will be taking them to the interview.

Could you clarify why it is considered risky as I have not seen this anywhere and the comment has got me worried.

Many thanks

[Sal1234 0]

May I ask what you mean by " Ammending tax during the counselor processing is considered to be risky and they sometime look for the reasons to object"?

Is this you speculating that it is risky or have you actually seen that it can be risky. I dont see why correcting a genuine mistake on your taxes can cause them to deny anyone. After all it is illegal to have an incorrect status with IRS.

The reason I ask is because my wife has amended her tax returns from single to married and I will be taking them to the interview.

Could you clarify why it is considered risky as I have not seen this anywhere and the comment has got me worried.

Many thanks

The original poster is using his tax return as an evidence of his income, which was already submitted to the consulate. He has 3 years to ammend his taxes; The consulate can easily verify his tax documents with the IRS; they will not send him a letter requesting "Please provide us your updated documents", they will wait till you show-up at the embassy then they will request you to send them the updated document.

Now the question comes, how long you willing to wait for the submitted W-7 ITIN? I send my tax forms on March/03/2014, I am still waiting for the ITIN of my wife. Yesterday I ended up calling the Comptroller of MD and Comptroller of Michigan that I need extension to file my State Taxes. If you get an objection (let say just a request) to submit the updated tax return, are you willing to wait till you get a refund to be sure that your returns are accepted by the IRS?

It might be that I have overstated in my above response, it's better to play safe than sorry and lengthy wait.

My answer may not apply to you, as the consulate scrutiny is different from Country to Country and above all it depends on how well you perform infront of the counselor. They won't even bother looking at the doc. other than the ADJ Gross.

The original poster is on AP; he should not be giving them any reasons for additional Documents request.

Back in 1996, when we went to the consular, we stayed on AP for one plus year, paid the consulate fees twice; below are the reasons of objections:

* Tax Forms issue; when there was not any. they needed sometime to come-up with other BS... We submiited the same returns in official transcripts.

* Your Dad married with the US Citizen to obtain a green-card; now provide them the documents, how he got the green card; when they can easily check, he did not.... they are the DOS.

* I am not the son of my parents beacuse the age diff. between my sister and me is 11 months, now get your DNA done through the embassy.

Now tell me, isn't that a bunch of non-sense #######?

In some countries they just need the reasons, Pakistan is one of those countries. You give them a reason, guarantee, they will exploit it unless it slipped from their eagle eye-sight.

I hope I have answer you question(s).

Best Wishes. TC