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I-130, husband filed his tax as single

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tbellkzoo Contributor

tbellkzoo   23

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Filed: IR-1/CR-1 Visa Country: Dominican Republic
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Posted (edited)

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 amended return to avoid any problems from NVC. you only can file MFS if your spouse doesn't have ITIN or SSN, the rate is same as single, only status changes. but if he does have ITIN or SSN, you can choose between MFS or MFJ. Hope this helps.

Yes this helps tremendously!!! I have another question for you too. Maybe you can advise me on this too. I have 2 children from a previous relationship and I pay college tuition which provides some tax break. Will all of this be affected by amending and filing MFS. And just now, I went back on turbotax and now it say I owe $4090, just from changing my status. Can this be right? I'm about to have a heart attack!!! Help!!!

Edited by tbellkzoo

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

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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

Jenny_USCIS Enthusiast

Jenny_USCIS   27

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

Yes this helps tremendously!!! I have another question for you too. Maybe you can advise me on this too. I have 2 children from a previous relationship and I pay college tuition which provides some tax break. Will all of this be affected by amending and filing MFS. And just now, I went back on turbotax and now it say I owe $4090, just from changing my status. Can this be right? I'm about to have a heart attack!!! Help!!!

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 Parents

Married taxpayers who are separated or estranged from their spouse may be able to file as Head of Household, even though they are not legally separated or divorced. Taxpayers who meet all five criteria below may file as HOH instead of the less favorable married filing separately status.

1.You file a separate return. (this means your spouse is not on your return)

2.You paid more than half the cost of keeping up your home for the tax year.

3.Your spouse did not live in your home during the last 6 months of the tax year or your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances.

4.Your home was the main home of your child, stepchild, or eligible foster child for more than half the year.

5.You must be able to claim an exemption for the child.

this is what i found from IRS rule

Nonresident alien spouse. You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household.

Form I-130
9/9/2013: Married

10/21/2013: APPLICATION SENT

10/23/2013: NOA1

4/1/2014: NOA2

8/14/2014: Case Complete

10/20/2014: POE EXACT A YEAR!

 

Form I-751: Remove the Conditions on Residence

7/27/2016: Application Sent

8/1/2016: NOA1 - CSC 

10/18/2016: Biometrics

12/1/2017: Received RFE

12/7/2017: additional evidence sent and delivered 

2/2/2018: Green card mailed! Status changed! 

Finger Crossed! 

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tbellkzoo Contributor

tbellkzoo   23

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

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 Parents

Married taxpayers who are separated or estranged from their spouse may be able to file as Head of Household, even though they are not legally separated or divorced. Taxpayers who meet all five criteria below may file as HOH instead of the less favorable married filing separately status.

1.You file a separate return. (this means your spouse is not on your return)

2.You paid more than half the cost of keeping up your home for the tax year.

3.Your spouse did not live in your home during the last 6 months of the tax year or your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances.

4.Your home was the main home of your child, stepchild, or eligible foster child for more than half the year.

5.You must be able to claim an exemption for the child.

this is what i found from IRS rule

Nonresident alien spouse. You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household.

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 Parents

Married taxpayers who are separated or estranged from their spouse may be able to file as Head of Household, even though they are not legally separated or divorced. Taxpayers who meet all five criteria below may file as HOH instead of the less favorable married filing separately status.

1.You file a separate return. (this means your spouse is not on your return)

2.You paid more than half the cost of keeping up your home for the tax year.

3.Your spouse did not live in your home during the last 6 months of the tax year or your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances.

4.Your home was the main home of your child, stepchild, or eligible foster child for more than half the year.

5.You must be able to claim an exemption for the child.

this is what i found from IRS rule

Nonresident alien spouse. You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household.

I thank you so very much. You have been extremely helpful. Thank God for this website. I appreciate it, Truly.

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

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ahmedm89 Apprentice

ahmedm89   2

Posted
Filed: F-2A Visa Country: Pakistan
 Timeline
Posted

I have a question. I sent my Affidavit of support documents in december of 2013 . I sent them my 2012 tax transcript. Now Her(my wife) Interview is expected in June 2014. Will they ask for the 2013 tax transcript as well in the interview? I filled my taxes as a head of household for 2013 in january as my mother is my dependent. Please help.

F-2A Visa

Service Center : California Service Center

Marriage (if applicable): 2013-07-07

Priority Date: 2013-08-23

I-130 NOA1 : 2013-09-07

I-130 Approved : 2013-09-23

Received DS-261 / AOS Bill : 2013-10-24

Pay AOS Bill : 2013-10-24

Send AOS Package : 2013-12-03

Case Completed at NVC : 2014-04-04

Receive Instruction and Interview appointment letter : 2015-03-25

Interview Date : 2015-05-11

Interview Result : Approved

Visa Recieved: 2015-05-14

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tbellkzoo Contributor

tbellkzoo   23

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

I have a question. I sent my Affidavit of support documents in december of 2013 . I sent them my 2012 tax transcript. Now Her(my wife) Interview is expected in June 2014. Will they ask for the 2013 tax transcript as well in the interview? I filled my taxes as a head of household for 2013 in january as my mother is my dependent. Please help.

I don't know but I'd definitely bring both. Just to eliminate any problems. But I don't know honestly.

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

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ahmedm89 Apprentice

ahmedm89   2

Posted
Filed: F-2A Visa Country: Pakistan
 Timeline
Posted

I don't know but I'd definitely bring both. Just to eliminate any problems. But I don't know honestly.

Yeaa I will do that now. Send her the most recent tax returns as well. Thank you:)

F-2A Visa

Service Center : California Service Center

Marriage (if applicable): 2013-07-07

Priority Date: 2013-08-23

I-130 NOA1 : 2013-09-07

I-130 Approved : 2013-09-23

Received DS-261 / AOS Bill : 2013-10-24

Pay AOS Bill : 2013-10-24

Send AOS Package : 2013-12-03

Case Completed at NVC : 2014-04-04

Receive Instruction and Interview appointment letter : 2015-03-25

Interview Date : 2015-05-11

Interview Result : Approved

Visa Recieved: 2015-05-14

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tbellkzoo Contributor

tbellkzoo   23

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

Yeaa I will do that now. Send her the most recent tax returns as well. Thank you:)

You are most welcome :)

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

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  • 1 month later...
hisempress2013 Contributor

hisempress2013   1

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

Well i also have made this mistake of filing single for the year 2013 taxes married in February 2013. Well I'm just go cross my fingers due to nvc hasn't put up a red flag regarding this. Everything is already at the consulate in jamaica my husband interview is July 8th so doing a amended is not a option at this time it won't be back in time

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dhadz Contributor

dhadz   2

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

my husband put single on his 2013 tax..our case is already forwarded to the nvc last month ( june 2014). if we send the 2013 tax transcript as single.i am worried if they will deny us or what will they goin to ask at the interview...;(

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1voice1life Enthusiast

1voice1life   11

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

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.

I have a question for you if you could kindly answer :) My wife filed her taxes as Single by mistake and now she wants to amend them as MFS.

We are going to send 1040 X and just wanted to know what do we have to send alog with it ? what did you send ?

Thanks

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1voice1life Enthusiast

1voice1life   11

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

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 :)

I have a question for you if you could kindly answer :) My wife filed her taxes as Single by mistake and now she wants to amend them as MFS.

We are going to send 1040 X and just wanted to know what do we have to send alog with it ? what did you send ?

Thanks

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  • 2 months later...
hisempress2013 Contributor

hisempress2013   1

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

When my husband went to his interview, the officer didn't even look at my tax information at all. But I never heard anyone getting denied due to filing status.

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