Jump to content
jjep.com

I-130, husband filed his tax as single

By jjep.com in Tax & Finances During US Immigration

 Share

42 posts in this topic

Recommended Posts

  • Replies 41
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

JA_Martinez
JA_Martinez

Be careful that he reads upnon the difference btwn Married Filing Seperately vs Married Filing Jointly....there is a HUGE difference. It is not at all about getting the better tax break if he does i

Jenny_USCIS
Jenny_USCIS

I heard from somebody else if you are the only sponsor, they will look at your return and ask why you filed as single if you were married during the tax year. I filed as single, and I just did an am

Jenny_USCIS
Jenny_USCIS

ok, there is a special rule here, i don't think you need to amend your return if you claimed your 2 children as dependent, i believe your status was head of household. Special Rule for Separated Par

tbellkzoo Contributor

tbellkzoo   23

Posted
Filed: IR-1/CR-1 Visa Country: Dominican Republic
 Timeline
Posted

U know what. Good question bc I got married on Dec 10th, 2013. And I filed (turbotax) at the end of January. I answered everything honestly but bc my husband doesn't have a social security # I didn't get far. So I just made it no in the system but I'm wondering too now, is this going to affect our petition when it's sent to NVC?

Marriage: 12/10/2013
Sent I-130: 1/23/14
NOA1: 1/30/14
NOA2: 6/10/14
Email that it was shipped to nvc: 6/23/14
Received by NVC: 7/1/14
Case#/IID# assigned: 7/16/14
Received/Submitted DS-261: 7/29/14
Paid AOS fee: 7/30/14
Sent AOS packet: 8/1/14
Aos fee showing PAID: 8/2/14
Received and paid IV Fee: 9/8/14 (fee showing paid / DS-260 available 9/9/14)
Submitted DS-260: 9/11/14
Sent IV packet: 9/24/14
NVC Received 9/26/14

Arrived in US: 3/8/14

STILL HAPPY AND NORMAL AS OF 8/4/2016!!

AOS Approved per phone: 10/22/14
*Received what I thought was a false checklist on this date as well*

*Problems: Called on 10/27/14 11/5/14 and 11/20/14 just to be proactive On all of these dates except the last, NVC kept telling me that my IV document probably hadn't been reviewed yet. On 11/20 the representative told me that the BC needed to be inextensa and the marriage license. True enough I had sent an extracto. But requested a supervisor review bc I knew the marriage lic was inextensa. 2 days later called again and got the same supervisor who told me that the marriage lic needed the proper signed legalizada (sticker on the back)

Sent necessary documents/Received: 11/20/14 and 11/26/14

Called 12/15/14: got Arthur....after he checked and verbally spanked he sent me to supervisor Silvia who said she would pull my file and try to figure it out.

Case complete: 12/19/14 Sylvia called and left a voicemail, called and confirmed later that night and status changed to N/A.

Thank you so much Sylvia. May God bless you and your family.

Appointment date and time received: 12/27/14

***FAST FORWARD***

APPT complete/Visa approved: 2/5/2015

Link to comment
Share on other sites
VNBCI130 Collaborator

VNBCI130   94

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

is it gonna be a problem? my husband filed his taxes as single but were married here in the philippines? what to do?

You must file as either MFJ or MFS if you were legally married in 2013. Good luck for a quick approval! :)

Filed : 09/04/2013

NOA1:09/09/2013

Service Center : NBC Overland Park KS

Transferred to NSC on Feb 25

NOA2: 03/28/2014

NVC Received: 04/21/2014

Case Assigned: 05/15/2014

DS261 Completed: 05/24/2014

AOS Paid: 05/23/2014

AOS Sent: 05/27/2014

AOS Scanned: 06/02/2014

IV Invoiced: 06/25/2014

IV Paid:06/25/2014

IV Documents Sent to NVC: 06/26/2014

IV Documents delivered at NVC: 06/27/2014

IV Documents scanned:07/03/2014

DS260 Completed: 06/29/2014

AOS Accepted: 07/10/2014

IV Accepted: 08/14/2014

Case Complete: 08/14/2014

Interview: 10/01/2014 :dancing::dance:

Interview Result: Approved! :) :) :)

Online Status changed to Issued: 10/08/2014

Link to comment
Share on other sites
VNBCI130 Collaborator

VNBCI130   94

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

But my husband already filed his tax as single? Is there any way to correct it? I just read that it could be a red flag if its not properly filed ?

Did he file in US? If so, he can file 1040X to amend it and then refile as either MFJ or MFS.

Filed : 09/04/2013

NOA1:09/09/2013

Service Center : NBC Overland Park KS

Transferred to NSC on Feb 25

NOA2: 03/28/2014

NVC Received: 04/21/2014

Case Assigned: 05/15/2014

DS261 Completed: 05/24/2014

AOS Paid: 05/23/2014

AOS Sent: 05/27/2014

AOS Scanned: 06/02/2014

IV Invoiced: 06/25/2014

IV Paid:06/25/2014

IV Documents Sent to NVC: 06/26/2014

IV Documents delivered at NVC: 06/27/2014

IV Documents scanned:07/03/2014

DS260 Completed: 06/29/2014

AOS Accepted: 07/10/2014

IV Accepted: 08/14/2014

Case Complete: 08/14/2014

Interview: 10/01/2014 :dancing::dance:

Interview Result: Approved! :) :) :)

Online Status changed to Issued: 10/08/2014

Link to comment
Share on other sites
Enigma23 Community Regular

Enigma23   68

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

Here are the IRS options:

http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Nonresident-Alien-Spouse

~ Jan ??,2013 ~ Service Center ~ Vermont I-129F Packet sent

NOTE: Actual sent date unknown due to lawyer negligence - I delivered ALLForms and PAID Lawyer on Nov 7, 2012 - Lawyer kept saying he sent the packet and USCIS must have lost it. When in reality he failed to send the package and only a new copy to USCIS after I made a legal written demand giving him 10 days to perform or return ALL monies paid to him, due to "non-performance".

(IMO it's better to save your money for visits to or from your Fiancé and just fill it out yourself using the K-1 Guide on VJ and Senior Members... They Rock!!!)

 

Jan 11, 2013 ~ I-129F Packet Rec'd by USCIS aka NOA 1

Feb 13, 2013 ~ Alien Number Changed/Assigned

May 24, 2013 ~ Case Transferred from Vermont to Texas Service Center (3 E~Notices May 24, 25 and 29 Only one via U.S. Mail)

July 2, 2013 ~ RFE Notification Email and Text Rec'd

July 8, 2013 ~ RFE Hardcopy Rec'd (Requesting Signed/Original "Intent to Marry within 90 days of Arrival" letter from both parties.)

Fiance Letter of Intent template can be downloaded here: http://www.visajourney.com/examples/Fiance_Letter_of_Intent.doc

July 11, 2013 ~ Requested Evidence sent via Priority Mail to TSC

July 13, 2013 ~ USPS Notification ~ Package Delivered (a Saturday)

July 15, 2013 ~ RFE Response Rec'd by USCIS

July 18, 2013 ~ NOA2 - Petition Approved ~ No Text ~ No Email ~ Just showed up in the mail on July 22nd

Aug 6, 2013 ~ Sent to NVC

Aug 8, 2013 ~ Rec'd at NVC & Embassy specific Case Number Assigned (Call Visa Specialist at 202-485-7600 (Press 1 then 0)

Aug 12, 2013 ~ "In Transit" Status DOS Site ~ Sent Electronically Check Here: https://ceac.state.gov/CEACStatTracker/Status.aspx?

Aug 14, 2013 ~ "Ready" Status on DOS site (meaning Rec'd by Consulate/Embassy)
Sep 3, 2013 ~ Interview Date rec'd (for 2+ months later) by (Call Visa Specialist at 202-485-7600 (Press 1 then 0)
Sep 21, 2013 ~ Packet 4 Hardcopy rec'd via US Mail - Fiancee didn't receive his had to pick up a reprint at Embassy.
Nov 7, 2013 ~ Interview Date - Visa Approved!!!!
 

What to Do After Receiving NOA2 - Dominican Style!

http://www.visajourney.com/wiki/index.php/Dominican_Republic:_After_Receiving_the_NOA2

 

 

AOS Timeline

 
Sept 17, 2014 - NOA 1 for Adjustment of Status
         Oct. 13 - Job Offer received
         Oct. 14 - EAD Expedite requested
         Oct. 16 - Biometrics Taken
         Oct. 17 - Evidence/Offer letter sent
         Oct. 22 - Expedite Approved - Status changed to Card Production
         Oct. 28 - Card Mailed w/Tracking number
         Oct. 30 - EAD/AP Combo Card Rec'd!!! - Our Thanks to God!! Gracias a Dios!
 
Feb 24, 2015 - Received Notice of Potential Interview Waiver dated Feb 18,2015. - Trusting God for a super fast GC Approval!
 
June 3, 2015 - Put in a Service Request regarding EAD upcoming expiration/potential renewal.
 
June 6, 2015 - Rec'd letter stating our case was being transferred to Los Angeles Field office.
 
June 15, 2015 - AOS Approved!! No text - No email - Online Case Status still on Fingerprint Fee Rec'd
June 19, 2015 - Received "Welcome Letter" via U.S Mail <3 Gracias a Papa Dios!!!! Thank you, God!!
June 22, 2015 - Email and Text update that Cond. Perm. Res. Card had been picked up by USPS
 
June 23, 2015 - Conditional Permanent Residence Card Delivered by USPS Priority Mail - Can't wait to see Hubby's face when he checks the mailbox!!
 
 
Removal of Conditions on Status
 
March 23, 2017- Packet Overnighted Packet
March 24, 2017- Packet Delivered to USCIS
 

………..•*¨`*•. ☆ .•*¨`*•………….
Make it a great day…
Be a Blessing to someone!!!!
****✿•*¨`*•. (¯`v´¯) (¯`v´¯) .•*¨`*•✿****
. . . ♥ ✿•*¨`*•.¸(¯`v´¯)¸.•´*¨`*•✿♥ . . .
***✿•*¨`*•. ….♥ •.¸.•´♥… .•*¨`*•✿***
………..•*¨`*•. ☆ .•*¨`*•………….
┊　　┊　　┊　　┊
┊　　┊　　┊　　★
┊　　┊　　☆
┊　　★
☆

Link to comment
Share on other sites
HuskerPower66 Contributor

HuskerPower66   3

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

But my husband already filed his tax as single? Is there any way to correct it? I just read that it could be a red flag if its not properly filed ?

I believe the 1040X is what you can file to amend his tax return. He should do it ASAP and then file MFS or MFJ depending on what he wants to do (and if you have an ITIN or not).

I filed MFS this year (and last year) and hand wrote everything including writing 'NRA' for the spouse tax ID field due to my wife not having an ITIN.

8/31/2012 Married in NE
2/19/2013 I-130 petition sent to Phoenix via USPS
2/20/2013 I-130 NOA1 via text and email with an MSC receipt number
10/16/2013 I-130 NOA2 via text and email...APPROVED at MSC!!!
10/22/2013 I-130 NOA2 hard copy received in the mail
11/7/2013 NVC sent emails with case number.
11/7/2013 Received DS-3032 / I-864 Bill
11/11/2013 Paid I-184 Bill
11/18/2013 Paid IV Application Processing Fees
03/03/2014 DS-260 was submitted online
03/03/2014 Submitted supporting documentation for I-864 and DS-260 (IV Package and AOS supporting documentation)
03/19/2014 Received receipt e-mails stating the documents for both I-864 and DS-260 had been attached to the case. Stated to wait up to 20 business days for processing
03/26/2014 Received a checklist regarding the birth certificate. This was previously provided in an email. Investigating what was wrong with the birth certificate.
03/26/2014 Called the NVC and was told this was likely because we accidentally submitted a "short form" birth certificate rather than a "long form", but we knew that wasn't the case.
03/26/2014 Wife called back to NVC and they told her that it was because the form was "too decorative". The lady on the phone told her to wait 25 days as she'll forward it to a supervisor.
04/04/2014 Email received with a CASE COMPLETE notification and P4 interview letter.
05/21/2014 Scheduled Interview Date.
5/21/2014 VISA APPROVED!!!!
07/04/2014 Sent renewed passport to Montreal consulate for visa placement due to old passport expiring.
07/18/2014 Visa status set to "Issued" on CEAC website.
09/29/2014 Entry to the United States.

09/12/2016 I-751 Filed to California Service Center
09/16/2016 I-751 NOA1 Recieved, Green Card Extended 1 Year
10/13/2016 Biometrics screening completed

PATIENCE IS A VIRTUE

Link to comment
Share on other sites
JA_Martinez Enthusiast

JA_Martinez   81

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

Be careful that he reads upnon the difference btwn Married Filing Seperately vs Married Filing Jointly....there is a HUGE difference. It is not at all about getting the better tax break if he does it incorrectly. He needs to ammend his taxes now to MFS (MFJ only if he claims your income in the PI as part of the overall household income....again be very careful). He can send his ammendment in now and keep the two rax documwnts together to submit to the NVC. What the IRS doesnt say very loudly on tax documents is this:

If your spouse is not a US citizen (is a foreign national) you can not leave the SS# field blank if you are filing electronically...turbo tax (and all others) will tell you if you did your taxes correctly, that you must print your tax documents....on the front page of your tax return....upper right hand corner...in the "Spouses Social Security Number" field...you must write in "N/A Foreign Resident"...then you must MAIL the return in to IRS.

If you were married for ANY partnof 2013 you MUST file as married....otherwise that is tax fraud and could stop your immigration application until its corrected. As long as a copy of the ammendment accompanies the 2013 tax documents going to the NVC, you (should) be fine. I'm sure they deal with this every day!

Link to comment
Share on other sites
AMT7565 Enthusiast

AMT7565   5

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

I filed an extension, since my spouse does not have a TaxID and to also gain a larger tax refund filing as MFJ. This is based on my accontant's advise. After she makes it to the US this summer I plan to file as MFJ.

Link to comment
Share on other sites
Gjhdlab31 Explorer

Gjhdlab31   10

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

I had my taxes done by an ex IRS guy. I explained that I am petitioning for my husband to get to the US and he stated that I have to file HOH because my husband does not live in the US and he does not have a SSN.

NAO1.......11/25/2013

NAO2.......10/01/2014

NVC Case #......11/28/2014

Case Complete......5/27/2015

Medical.......9/22/2015

Interview........10/06/2015 (Administrative Processing)

Visa Issued.......11/2/2015

DHL Email......11/4/2015

VISA Received.......????????

POE..........??????????

Link to comment
Share on other sites
NikLR Grand Master

NikLR   13,227

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

I had my taxes done by an ex IRS guy. I explained that I am petitioning for my husband to get to the US and he stated that I have to file HOH because my husband does not live in the US and he does not have a SSN.

Obviously you have children or dependents that live with you?

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

 

Link to comment
Share on other sites
anly8872 Enthusiast

anly8872   25

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

Yes. How long will it takes to amend it? Thank you!

I filed as Single for 2013 Tax Return, now I just filed 1040X to amend today. Since my wife doesnt has an ITIN so just file as MFS. It takes 8-12 weeks to process, I wish I have a new Tax Return Transcript with filling status as MFS before process AOS at NVC. 8 weeks is long enough or I can wait until I have that transcript and then process AOS. My case at NVC now, no case# yet but I'm not hurry because if NVC process my case fast and IRS still hold my amended so I cant send AOS with the old stranscript stated that my filling status is Single :)

USCIS------------------

May 16, 2013: NOA1

Dec 12, 2013: Transfer notice (Nebraska SC)

Dec 16, 2013: NSC Received(Last Update Date)

Mar 3, 2014:(call to talk to Tier 2)service request created

Mar 12, 2014 : Received email from NSC, case pending under background check clearance

Mar 27, 2014 : Name updated relating to I-130(I never change my name)

Mar 28, 2014 : NOA2(Text/email)

Mar 31, 2014 : NOA2 Hard copy received

April 1, 2014 : Case shipped to NVC

NVC------------------

April 11, 2014 : Case received

May 3, 2014 : Got Case number/IIN

May 8, 2014 : DS-261 Completed

May 9, 2014 : AOS Invoiced and paid

May 12, 2014 : AOS status "PAID"

May 13, 2014 : AOS Package sent via UPS

May 16, 2014 : AOS Package received by NVC

May 20, 2014 : AOS Package scanned into the system

June 6, 2014 : IV Fee Invoiced and pay

June 9, 2014 : IV Package sent via UPS

June 10, 2014 : DS-260 Completed and Submitted

June 12, 2014 : IV Package received by NVC

June 16, 2014 : IV Package scanned into the system

June 19, 2014 : AOS Approved

July 29, 2014 : Case Complete

September 30, 2014 : Interview at 8AM

Link to comment
Share on other sites
anly8872 Enthusiast

anly8872   25

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

Yes. How long will it takes to amend it? Thank you!

I filed as Single for 2013 Tax Return, now I just filed 1040X to amend today. Since my wife doesnt has an ITIN so just file as MFS. It takes 8-12 weeks to process, I wish I have a new Tax Return Transcript with filling status as MFS before process AOS at NVC. 8 weeks is long enough or I can wait until I have that transcript and then process AOS. My case at NVC now, no case# yet but I'm not hurry because if NVC process my case fast and IRS still hold my amended so I cant send AOS with the old stranscript stated that my filling status is Single :)

USCIS------------------

May 16, 2013: NOA1

Dec 12, 2013: Transfer notice (Nebraska SC)

Dec 16, 2013: NSC Received(Last Update Date)

Mar 3, 2014:(call to talk to Tier 2)service request created

Mar 12, 2014 : Received email from NSC, case pending under background check clearance

Mar 27, 2014 : Name updated relating to I-130(I never change my name)

Mar 28, 2014 : NOA2(Text/email)

Mar 31, 2014 : NOA2 Hard copy received

April 1, 2014 : Case shipped to NVC

NVC------------------

April 11, 2014 : Case received

May 3, 2014 : Got Case number/IIN

May 8, 2014 : DS-261 Completed

May 9, 2014 : AOS Invoiced and paid

May 12, 2014 : AOS status "PAID"

May 13, 2014 : AOS Package sent via UPS

May 16, 2014 : AOS Package received by NVC

May 20, 2014 : AOS Package scanned into the system

June 6, 2014 : IV Fee Invoiced and pay

June 9, 2014 : IV Package sent via UPS

June 10, 2014 : DS-260 Completed and Submitted

June 12, 2014 : IV Package received by NVC

June 16, 2014 : IV Package scanned into the system

June 19, 2014 : AOS Approved

July 29, 2014 : Case Complete

September 30, 2014 : Interview at 8AM

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...