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BatmanFlow

Filling taxes as single for 2013

By BatmanFlow in IR-1 / CR-1 Spouse Visa Process & Procedures

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BatmanFlow Rising Star

BatmanFlow   481

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Filed: IR-1/CR-1 Visa Country: Canada
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hey guys

soo my wife's parents filed her taxes as single for 2013 (we got married dec 26 2013). Their accountant said if i am not in USA, she can file as single. The more I read, I am realizing its obviously wrong.

My quesiton is, we are using a joing sponsor as she was unemployed for all pretty much all of 2013.

Can we just send the package as single for 2013 since they will base the support on the joint sponsor's filing?

8-12 weeks to get an amendment will push the case back a lot, so hoping for some way around this.

any suggestions?

thanks.

USCIS

January 8th 2014 - NOA1

July 10th 2014 - NOA2

NVC

July 17th 2014 - Case shipped to NVC

July 30th 2014 - Case received by NVC

August 13th 2014 - Case number and IIN received by email

August 13th 2014 - DS-261 Form Completed

August 14th 2014 - AOS Fees Invoiced and Paid

September 17th 2014 - IV Fees Invoiced and Paid

September 19th 2014 - DS260 Completed

October 6th 2014 - AOS and IV Packages Received

November 28th 2014 - AOS and IV Checklist (4 items in total. 3 for documents they lost. Called on December 9 and a rep said no checklist for IV....go figure)

December 8th 2014 - Checklist scan date.

December 30th 2014 - Case Compl........NOT. So after not having an interview date yet, I called again on Jan 30th and apparently its in final review with a supervisor.

February 6th 2015 - Case Complete: Supervisor called from NVC to confirm everything has been completed now.

March 27 2015 - Interview Date

March 27 2015 - Approved!

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Oksana & Max Proficient

Oksana & Max   94

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Filed: Lift. Cond. (pnd) Country: Ukraine
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Posted

While you are married if you don't have Social Security number or ITIN you are not eligible to file with your wife. So your accountant did it correctly filing as single.

You can male the package as single especially since you are using co-sponsor. There is no need to amend anything as you are not eligible for this yet. However when you will get your SSN and Green Card, you may want to speek to your accountant ammend your 2013 tax return and include you. Or you can reach out to me, I am IRS Certified Tax preparer, and I can assisit with that as well.

Good luck

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"Trust in the LORD with all your heart and lean not on your own understanding; in all your ways acknowledge him, and he will direct your paths." (Proverbs 3, 5-6)

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BatmanFlow Rising Star

BatmanFlow   481

Posted
Filed: IR-1/CR-1 Visa Country: Canada
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  • Author
Posted

While you are married if you don't have Social Security number or ITIN you are not eligible to file with your wife. So your accountant did it correctly filing as single.

You can male the package as single especially since you are using co-sponsor. There is no need to amend anything as you are not eligible for this yet. However when you will get your SSN and Green Card, you may want to speek to your accountant ammend your 2013 tax return and include you. Or you can reach out to me, I am IRS Certified Tax preparer, and I can assisit with that as well.

Good luck

hmm thank you for this, I guess i can just mail it out, since as you mentioned, we are also using a joint sponsor and its their income they will see.

any other suggestions is welcome!

thanks

USCIS

January 8th 2014 - NOA1

July 10th 2014 - NOA2

NVC

July 17th 2014 - Case shipped to NVC

July 30th 2014 - Case received by NVC

August 13th 2014 - Case number and IIN received by email

August 13th 2014 - DS-261 Form Completed

August 14th 2014 - AOS Fees Invoiced and Paid

September 17th 2014 - IV Fees Invoiced and Paid

September 19th 2014 - DS260 Completed

October 6th 2014 - AOS and IV Packages Received

November 28th 2014 - AOS and IV Checklist (4 items in total. 3 for documents they lost. Called on December 9 and a rep said no checklist for IV....go figure)

December 8th 2014 - Checklist scan date.

December 30th 2014 - Case Compl........NOT. So after not having an interview date yet, I called again on Jan 30th and apparently its in final review with a supervisor.

February 6th 2015 - Case Complete: Supervisor called from NVC to confirm everything has been completed now.

March 27 2015 - Interview Date

March 27 2015 - Approved!

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Ketsuban Experienced

Ketsuban   1,034

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Filed: Citizen (pnd) Country: United Kingdom
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Posted

In practice it doesn't matter, but really your wife should have filed her taxes as Married Filing Separately. You don't need an SSN or ITIN for this, but she would need to paper file. This is what my husband did for the last year and his taxes went through no problem. We used it for our AOS and it was accepted.

As I said, for immigration, especially out of Canada you most likely won't run into any problems, but the IRS might feel like auditing her one day. You never know!

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
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March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

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April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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NikLR Grand Master

NikLR   13,227

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

While you are married if you don't have Social Security number or ITIN you are not eligible to file with your wife. So your accountant did it correctly filing as single.

Nope. Correctly filed would have been married filing separately. Married is married.

However this is very very rarely an issue at interview.

Op your wife can amend the taxes later if your wife chooses.

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

 

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Oksana & Max Proficient

Oksana & Max   94

Posted
Filed: Lift. Cond. (pnd) Country: Ukraine
 Timeline
Posted (edited)

Nope. Correctly filed would have been married filing separately. Married is married.

However this is very very rarely an issue at interview.

Op your wife can amend the taxes later if your wife chooses.

I stand corrected you are right MFS is what she should've file if they were married in 2013. I missed that somehow, as it is very rarely beneficial to file MFS.

Edited by Oksana & Max
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"Trust in the LORD with all your heart and lean not on your own understanding; in all your ways acknowledge him, and he will direct your paths." (Proverbs 3, 5-6)

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BatmanFlow Rising Star

BatmanFlow   481

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

In practice it doesn't matter, but really your wife should have filed her taxes as Married Filing Separately. You don't need an SSN or ITIN for this, but she would need to paper file. This is what my husband did for the last year and his taxes went through no problem. We used it for our AOS and it was accepted.

As I said, for immigration, especially out of Canada you most likely won't run into any problems, but the IRS might feel like auditing her one day. You never know!

Nope. Correctly filed would have been married filing separately. Married is married.

However this is very very rarely an issue at interview.

Op your wife can amend the taxes later if your wife chooses.

Thank you both for your replies! It puts me at ease a bit

Yes we will defintely file for an amendment, I just wanted to do it after this process is over.

USCIS

January 8th 2014 - NOA1

July 10th 2014 - NOA2

NVC

July 17th 2014 - Case shipped to NVC

July 30th 2014 - Case received by NVC

August 13th 2014 - Case number and IIN received by email

August 13th 2014 - DS-261 Form Completed

August 14th 2014 - AOS Fees Invoiced and Paid

September 17th 2014 - IV Fees Invoiced and Paid

September 19th 2014 - DS260 Completed

October 6th 2014 - AOS and IV Packages Received

November 28th 2014 - AOS and IV Checklist (4 items in total. 3 for documents they lost. Called on December 9 and a rep said no checklist for IV....go figure)

December 8th 2014 - Checklist scan date.

December 30th 2014 - Case Compl........NOT. So after not having an interview date yet, I called again on Jan 30th and apparently its in final review with a supervisor.

February 6th 2015 - Case Complete: Supervisor called from NVC to confirm everything has been completed now.

March 27 2015 - Interview Date

March 27 2015 - Approved!

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