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luv2uallday

immigration interview and filing single

By luv2uallday in K-3 Spouse Visa Process & Procedures

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luv2uallday Explorer

luv2uallday   1

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Filed: K-3 Visa Country: Philippines
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ok, my wife lives in philppines i live in USA..... I have filed single status... even though i have been married since march 2005... I was told that i can't collect file married if my wife is not resident in US... is this true? will my filing single on taxes cause me a problem at the interview? i'm nervous about this..... thanx for any input

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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Posted (edited)
ok, my wife lives in philppines i live in USA..... I have filed single status... even though i have been married since march 2005... I was told that i can't collect file married if my wife is not resident in US... is this true? will my filing single on taxes cause me a problem at the interview? i'm nervous about this..... thanx for any input

You are not single. Your filing status should have been married filing separate. There are two other options that have caveats attached. One is Head of household (if you have another qualifying person dependent on you), or Married filing joint (if you had elected to treat your spouses worldwide income as US based income)

Edited by fwaguy

YMMV

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riblet Proficient

riblet   0

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Filed: IR-1/CR-1 Visa Country: Canada
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It is possible to file married - in fact, that is what you must do since you are married. You can obtain a ITIN by using form W7 which is necessary to file married, and if you want the tax benefits of filing jointly your spouse will have to opt in to being treated as a resident.

Sandy

Michael's I-130:

NOA1: 5-10-2006----updated w/ citizenship: 9-25-06----had to call back 10/25, touch 10/26

12/06/06 - Approved!- - - 12/08/06 - Touch---01/25/07 - Touch

I130 at NVC

12/14/06 - case number assigned

12/25/06 - DS3032 & AOS Fee Bill Mailed (phone system updated 12/27)

12/27/06 - emailed choice of agent; 12/29/06 - received email from NVC confirming choice of agent!

01/01/07 - NVC generated IV Fee Bill (postmarked 1/17 though!)

01/03/07 - returned AoS Fee Bill via Priority Mail (James' shortcut)

01/15/07 - NVC generated AOS package

01/22/07 - received IV Fee Bill - overnighted back to NVC same day

01/27/07 - recieved I864 package; 01/29/07 - overnighted I864 to NVC

01/29/07 - DS230 generated (phone system not updated, email response 2/5/07)

02/05/07 - mailed DS-230 to NVC via express mail

02/20/07 - CASE COMPLETE!!

04/18/07 - INTERVIEW!!!! - APPROVED!!!!

Michael's K-3:

09/28/06 - NOA1

1/25/07 - approved ...NOA2 via snail mail - 1/29/07

03/16/07 - chose not to return packet 3 to Montreal

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Marilyn. Grand Master

Marilyn.   340

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Filed: Other Country: Canada
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Posted (edited)

this is only my experience but before I moved to the US, my hubby filed single... we had no problems.... :no:

anyways, I thought you needed a SSN before you could file jointly etc.... :unsure:

Edited by MarilynP
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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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anyways, I thought you needed a SSN before you could file jointly etc.... :unsure:

It is called an ITIN for those who do not have a SSN.

YMMV

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Kez/JWolf Mentor

Kez/JWolf   6

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How can you file as single if you are married???? it does ask if you were married as of Dec 31st are you going to lie ????

File Married filing separate if you want but dont file as single when you are not....

ITIN is very easy to get and will give you a bigger tax allowance than if you file as single which you are not....

Kez

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Yodrak Veteran

Yodrak   7

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Filed: Timeline
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luv2uallday,

No, it's not true. Unless your wife has an unusually high income for a fillipina you probably could have saved a lot of money by declaring her a resident alien for tax purposes and filing married-joint for 2005 and 2006. You get a lower tax rate and you get 2 deductions, your own plus hers.

Yodrak

ok, my wife lives in philppines i live in USA..... I have filed single status... even though i have been married since march 2005... I was told that i can't collect file married if my wife is not resident in US... is this true? ....
Edited by Yodrak
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Robor007 Proficient

Robor007   0

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Filed: K-3 Visa Country: Philippines
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Am I correct when I say that the US citizen filing married & jointly must submit a notarized/certified copy of the spouses passport in their married name along with the W7 form for the ITIN?

Married on 11/21/06 in her hometown city Tumauini located in the Isabela province (Republic of the Philippines)

I-129 Timeline

12/12/06 - Mailed I-129 package to Chicago Service Center

12/14/06 - Received by Chicago Service Center

12/18/06 - NOA1 notice date from Missouri (NBC)

12/21/06 - NOA1 received in mail

12/27, 12/29, 12/31 - Touches

01/06/07 - Transfered to California Service Center

01/11/07 - Arrived at California Service Center

1/12, 1/16, 1/17, 2/6 - Touches

02/06/07 - NOA2 from California Service Center

02/11/07 - Received NOA2 in mail

02/15/07 - Arrived at the NVC - MNL case # assigned

02/20/07 - Sent to US Embassy in Manila

02/26/07 - Received at Embassy

03/30/07 - Packet 4 received

05/09/07 - Medical scheduled (did early)

05/16/07 - Interview

05/23/07 - Visa Delivered

05/25/07 - POE in Newark, NJ

I-130 Timeline

11/27/06 - Mailed I-130 package to Texas Service Center

11/29/06 - Package received by Texas Service Center

12/06/06 - NOA1 notice date from California Service Center

12/09/06 - Touch

12/11/06 - NOA1 received in mail

02/06/07 - NOA2 from California Service Center

02/11/07 - Received NOA2 in mail (I-130 held at CSC)

--------------------

Pinoy Info Forum - For the members of Asawa.org in diaspora

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tiberonsuave Enthusiast

tiberonsuave   0

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Filed: AOS (pnd) Country: Colombia
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Posted
Am I correct when I say that the US citizen filing married & jointly must submit a notarized/certified copy of the spouses passport in their married name along with the W7 form for the ITIN?

The answer to your question can be found here====> http://www.irs.gov/pub/irs-pdf/fw7.pdf

t

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Robor007 Proficient

Robor007   0

Posted
Filed: K-3 Visa Country: Philippines
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Posted
Am I correct when I say that the US citizen filing married & jointly must submit a notarized/certified copy of the spouses passport in their married name along with the W7 form for the ITIN?

The answer to your question can be found here====> http://www.irs.gov/pub/irs-pdf/fw7.pdf

t

Thanks for the link to the form/instructions. So the answer is it's not a 'must' to submit a notarized/certified copy of the passport but if it is used they don't have to supply anything else. If they don't go the passport route there's a list of other forms of identification that can be used but at least one must contain a picture. That part is clear now. :)

Looking at the W7 form I think we would select box 'e'. It also appears that the easiest way is for me to complete the form for my wife and mail it to her for review and signature. Then she can send it back to me along with a notarized copy of her passport and I'll submit it. Does that sound like the right plan?

Married on 11/21/06 in her hometown city Tumauini located in the Isabela province (Republic of the Philippines)

I-129 Timeline

12/12/06 - Mailed I-129 package to Chicago Service Center

12/14/06 - Received by Chicago Service Center

12/18/06 - NOA1 notice date from Missouri (NBC)

12/21/06 - NOA1 received in mail

12/27, 12/29, 12/31 - Touches

01/06/07 - Transfered to California Service Center

01/11/07 - Arrived at California Service Center

1/12, 1/16, 1/17, 2/6 - Touches

02/06/07 - NOA2 from California Service Center

02/11/07 - Received NOA2 in mail

02/15/07 - Arrived at the NVC - MNL case # assigned

02/20/07 - Sent to US Embassy in Manila

02/26/07 - Received at Embassy

03/30/07 - Packet 4 received

05/09/07 - Medical scheduled (did early)

05/16/07 - Interview

05/23/07 - Visa Delivered

05/25/07 - POE in Newark, NJ

I-130 Timeline

11/27/06 - Mailed I-130 package to Texas Service Center

11/29/06 - Package received by Texas Service Center

12/06/06 - NOA1 notice date from California Service Center

12/09/06 - Touch

12/11/06 - NOA1 received in mail

02/06/07 - NOA2 from California Service Center

02/11/07 - Received NOA2 in mail (I-130 held at CSC)

--------------------

Pinoy Info Forum - For the members of Asawa.org in diaspora

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nyseness Proficient

nyseness   0

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

Can you submit the passport instead of a notarized copy? My husband lives far from the Embassy so it would a lot easier to have him send it to me? And if so do I attach it to the 2006 tax return or can I apply for the ITIN in advance?

Anna

Anna (Chicago) and Javon (Jamaica)

USCIS: I-130 Process

10/30/06 - Married to my loving husband

01/06/07 - NOA1 ($190)

05/16/07 - NOA2!!!!!

NVC: CR-1 Process

05/21/07 - NVC recv'd case (per rep @ NVC)

05/29/07 - NVC Assigned Case # (KNG2007******)

06/01/07 - Faxed change of address request to NVC

06/08/07 - NVC confirmed new address

06/18/07 - DS-3032 (Choice of Agent) & AOS (I-864) Fee Bill generated

06/23/07 - Recv'd DS-3032 & AOS Bill via snail mail

07/09/07 - Emailed DS-3032 (Choice of Agent) to NVC

07/19/07 - Mailed AOS Fee Bill ($70) to St. Louis, MO

07/19/07 - Recv'd email from NVC - Choice of Agent was accepted

07/23/07 - IV (DS-230) Fee Bill was generated

08/11/07 - Recv'd IV Fee Bill via snail mail

08/15/07 - Recv'd AOS Packet in the mail

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tiberonsuave Enthusiast

tiberonsuave   0

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Filed: AOS (pnd) Country: Colombia
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Posted
Can you submit the passport instead of a notarized copy? My husband lives far from the Embassy so it would a lot easier to have him send it to me? And if so do I attach it to the 2006 tax return or can I apply for the ITIN in advance?

Anna

The intructions state that you can attach it to the return. I got mine notarized at the embassy in Bogota ahead of time. The instructions also state that you can get it ahead of time.====> http://www.irs.gov/pub/irs-pdf/fw7.pdf

t

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Yodrak Veteran

Yodrak   7

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Filed: Timeline
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Anna,

Yes, you can submit the passport instead of a notarized copy.

I had my wife send me her passport when I applied for an ITIN for her. But then I got nervous about sending the passport to the IRS so I had a photocopy made and notarized and sent that instead.

Yodrak

Can you submit the passport instead of a notarized copy? My husband lives far from the Embassy so it would a lot easier to have him send it to me? And if so do I attach it to the 2006 tax return or can I apply for the ITIN in advance?

Anna

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