TAX RETURN FILING STATUS DOES IT MATTER DURING NVC PROCESS

[wheondo 6]

hi ,

while waiting for the NVC to send an instruction for the visa process we just want to ready our document requirements,my husband is an LPR and we been married since 2010, and on his tax return his filing status is single because me his wife is living outside united state .Does it matter during nvc process on his tax return filing status?even though his income met the poverty guidelines

Thank you for your help

[arnav 10]

hi ,

while waiting for the NVC to send an instruction for the visa process we just want to ready our document requirements,my husband is an LPR and we been married since 2010, and on his tax return his filing status is single because me his wife is living outside united state .Does it matter during nvc process on his tax return filing status?even though his income met the poverty guidelines

Thank you for your help

No, he must file under single status.

you need a co-sponsor if he met poverty line.

[wheondo 6]

so that would be okay if he will not file an amended tax return for the filing status?and also his income is 100 percent on the poverty guideline so we dont need a co sponsor,the only thing that bothered us is the filing status on his tax return we just want to know if it will not cause a delay for the visa processing if the status on his tax return is single

[justgotlucky 0]

hi ,

while waiting for the NVC to send an instruction for the visa process we just want to ready our document requirements,my husband is an LPR and we been married since 2010, and on his tax return his filing status is single because me his wife is living outside united state .Does it matter during nvc process on his tax return filing status?even though his income met the poverty guidelines

Thank you for your help

Hi, I'm not an expert, I'm just trying to help. Ideally, in your situation, your husband should file MFS but he has to do paper filing (not e-filing), putting "NRA" for you (his spouse) as TIN. This is a longer route compared to when e-filing as Single but then it must be amended when you come here in America. NVC does not care on what status you filed, as long as you file the most recent year. In my case, I filed as Single and plans to amend as soon as my wife gets here and receive her SSN. The IRS allows up to 3 years to amend a tax return. You mentioned that you were married since 2010 and he has been filing as Single ever since. I suggest you tell your husband to seek the help of tax consultants to amend his previous returns while there is still time. On April 2014, the 2013 tax year will end and he may no longer be able to amend his 2010 return. If that happens he will be wasting a lot of $$$ refunds not to mention possible IRS audit.

so that would be okay if he will not file an amended tax return for the filing status?and also his income is 100 percent on the poverty guideline so we dont need a co sponsor,the only thing that bothered us is the filing status on his tax return we just want to know if it will not cause a delay for the visa processing if the status on his tax return is single

If he file Single now, he MUST file an amended tax return when you get your SSN. Otherwise he will be lying to the IRS about his status and again he would be wasting a lot if $$$ refunds.

Depending on the number of his dependents, his income must be more that 125% of the poverty guideline. If it's only 100% you will need a joint sponsor.

If he already filed his tax return as Single, don't worry as NVC does not care. It will not cause a delay as you can see in my case. I asked two different NVC operators and they both assured me that it will not be a problem. Of course you still need to amend it.

I hope this helps clear your mind and guide you in the right direction. Good luck on your journey.

[wheondo 6]

hi justgotlucky ,thank you we were just worried , yes thats what my husband plan to do when i get there thats the time he will file an amended tax return for the past year and he already filed his 2013 tax return and still he put single on it,

And regarding his annual income is 30k and on the poveryty guideline it shows 19k something for 2 household would that be mean that his income is 125% ? Thank you

[wheondo 6]

Justgotluck ,congrats your case is already completed!your wife and your kid you will be together sooner.

[justgotlucky 0]

hi justgotlucky ,thank you we were just worried , yes thats what my husband plan to do when i get there thats the time he will file an amended tax return for the past year and he already filed his 2013 tax return and still he put single on it,

And regarding his annual income is 30k and on the poveryty guideline it shows 19k something for 2 household would that be mean that his income is 125% ? Thank you

Yes that is more than enough. He can even support up to 4 household members including himself.

Justgotluck ,congrats your case is already completed!your wife and your kid you will be together sooner.

Thanks! I was so happy and relieved. I hope your family be reunited sooner too.

[kdf2a 3]

I am an LPR and I filed jointly with my wife last year while her I130 was not approved and will be doing so this year as well even though she hasn't been in the US for the entire of last year. While it is not required, it is always a plus point while showing proof of relationship.

FYI for information purposes, you can file for your spouse while they are not in United States but you have to also declare their worldwide income in your filing. Please see http://expats.hrblock.com/articles/filing-tax-return-nonresident-spouse

However, in that case you will have to file paper returns in the first year because it requires signed affidavits from both spouses that they are willingly filing returns as such. You should see a tax accountant if you want to get that clarified.

I am not 100% sure if this provides any benefits, so please don't think otherwise.

Also, my wife had an interview last week and she was approved. My tax returns were used as documentation for NVC.

P.S. I am not a legal expert and you should contact a legal tax accountant and/or immigration lawyer to find benefits of doing thi.

Edited March 18, 2014 by kdf2a