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Filed: Lift. Cond. (pnd) Country: India
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I am a petitioner (US citizen living in USA) petitioning my spouse who is living in India. We got married in Dec 2013. Just wanted to organize and prepare sending tax returns/transcripts for NVC AND send copies to my spouse while waiting for I-130 peition approval.

H&R Block agent filed my 2013 1040 form with martial status (SINGLE) few months ago (March 2014) and I got my refund. H&R Block agent couldn't file married filing jointly or separately without my spouse's social security number. For MFJ, it is difficult to obtain an ITIN because IRS requested original passport of my spouse and IRS won't accept photocopy of my spouse's passport. Authorities at US embassy won't certify photocopy of my spouse's passport. Indian embassy in other countries (my spouse went on vacation) won't certify it either. It is not advisable to send original passport via mail.

After I talked with other H&R Block agents about martial status, they told me that it should be "Married Filing Separately". So H&R Block sent my amended tax form (1040X) paperwork (not electronically) to the IRS office (in Kansas City) to correct my marital status to "Married Filing Separately". It was mailed few days before April 15th 2014. I owed small amount of funds to IRS. Of course, they put "NRA" on SSN line for my spouse and SSN number for me. H&R Block agent said when my spouse arrives in USA and gets a new SSN, we can amend again to "Married Filing Jointly" to get bigger refunds. H&R Block agent said we have 3 years left to amend.

Few days after my amended tax return was filed, I got the confirmation from my bank that IRS cashed my check (I owed IRS) . Then I downloaded my 3-year tax transcripts of 1040 on the IRS website.

1) 2011 - "single" and paid (I owed IRS)

2) 2012 - "single" and refund

3) 2013 - "single" and refund in Feb 2014. AND paid in April 10th 2014 (amount of funds that I owed was displayed -- this was amended filing with amount I owed IRS) -- but they didn't update the martial status. Was amended tax return approved? Will they update it in 8 weeks to 12 weeks??? All transcripts display "1040". Should 2013 transcript display "1040X" that is amended tax? We got married in Dec 2013. it is supposed to display "married" on 2013 transcript.

Question: Is it okay to send 2013 amended 1040X Tax return copy (signed) with status "Married Filing Separately" and W2 to NVC and send it to my spouse for US embassy interview along with transcripts of 2011 and 2012? Does NVC need only transcripts or tax return copies? or should I go to the local IRS office and ask why they didn't update the marital status?

Thanks!

 
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