Help ! Does my husband have to be on my taxes to be able to file for his green card?

[MiltonAnaya 7]

His visa (K-1) expired in Nov . We hadn't filed for AOS because of financial issues. We finally got the money but when I went to file my taxes , the notary told me I can't file mine until he got his tax ID..... Because I need to file my taxes with him..... We requested this taxID more than a month ago and it hasn't arrived..... So now time is continuing to run and he continues to have no status...

Is this true ? Our can I just file my taxes and find his someone to do a affidavit?

[Cathi 5,773]

His k-1 expired the moment he entered the US

[VOL 425]

Did you get a Social Security Number for him?

How did a Notary get involved in your taxes?

Edited April 24, 2015 by VOL

[MiltonAnaya 7]

Did you get a Social Security Number for him?

How did a Notary get involved in your taxes?

No, when I went it was too late for his SSN . The notary is a friend of my mom who has filed my mothers taxes always . Since I had never filed my taxes, I went to that person. But she told me I HAD to file with my husband because of immigration reasons and she requested the tax ID

Now I'm wondering if I actually have to wait for that to file my taxes because I'm really trying to move along with his AOS

[abby12 13]

My spouse and I filed together the taxes and I was not asked for a Tax ID, but I did have my SSN...hmm..I guess I will be making some calls.

Filing the joint taxes does helps the immigration process, during our AOS interview in February this year, we were asked about taxes, if filing separated or together..my spouse said together, but have not filed yet because we were waiting for some tax forms from that were needed to complete the process.

Edited April 24, 2015 by abby12

[~Yoly~ 4]

Why dont you file single and adjust at a later time. The more you wait the more is gonna be a problem.

Before my husband entered the US I filed single because I didnt want to wait for the Tax ID.....And that is what I did and when hubby finally was here I adjusted my taxes

[MiltonAnaya 7]

I just got off the phone with USCIS and they told me that my taxes aren't even needed to AOS.... So now I feel like the person that told me that, doesn't know what she was even talking about. I will be filing AOS soon.

My husband is in the states tho .. Should I still file single and then adjust

I just got off the phone with USCIS and they told me that my taxes aren't even needed to AOS.... So now I feel like the person that told me that, doesn't know what she was even talking about. I will be filing AOS soon.

My husband is in the states tho .. Should I still file single and then adjust

[VOL 425]

No you husband does not have to be on taxes to file for GC, cuz some people get her and adjust before tax season.

As far as your tax question, I would consult a CPA. I would want the deduction for filing married, but I guess it would matter if you are getting a refund or having to pay in when to file.

[NigeriaorBust 4,087]

If you were married in 2014 your options are married joint, married separate or single head of household if you have a qualifying dependent and your hubby was considered a NRA.

[MiltonAnaya 7]

If you were married in 2014 your options are married joint, married separate or single head of household if you have a qualifying dependent and your hubby was considered a NRA.

Yes we got married June 2014. What is a NRA ? We have a daughter that I planned on filing with . If I file married separate , would that bring about any questioning later on ? Or should I do single and just adjust later

If you were married in 2014 your options are married joint, married separate or single head of household if you have a qualifying dependent and your hubby was considered a NRA.

Yes we got married June 2014. What is a NRA ? We have a daughter that I planned on filing with . If I file married separate , would that bring about any questioning later on ? Or should I do single and just adjust later

[GinaYCarlos 1]

WE FILED AOS IN FEBRUARY AND HAD NOT FILED MY TAXES YET, I JUST SENT MY PREVIOUS TAX RETURNS AND THIS YEARS W-2S. I FILED AN EXTENSION ON MY TAXES UNTIL WE GET HIS SSN WHICH WILL BE NEXT MONTH. YOU HAVE TO FILE MARRIED ON YOUR TAXES, NO WAY AROUND IT, BUT SINCE HE DOES NOT HAVE A SSN OR TAX ID YOU CAN EITHER WAIT OR MAIL YOUR RETURNS AND WRITE NRA(NON-RESIDENT ALIEN) WHERE IT ASKS FOR HIS SSN. I WENT THRU A LOT OF INFORMATION BEFORE I FILED MY EXTENSION. MY BEST BET WAS TO WAIT FOR HIS SSN, WHICH WE WILL HAVE NOW THAT IS WORK VISA HAS BEEN APPROVED.

Edited April 24, 2015 by GinaYCarlos

[NigeriaorBust 4,087]

Qualifying to file as Head of Household

Filing as Head of Household may provide additional tax benefits for single U.S. citizens or resident aliens caring for a child or other related persons such as parents. Unmarried persons may be able to file as Head of Household if you meet all of the following requirements:

• You are unmarried or considered unmarried on the last day of the year and file a separate tax return with a qualifying child. See A Qualifying Child and Who is a qualifying person? in the following sections.
• You are considered unmarried if a spouse did not live in the home during the last 6 months of the year and your home was the main home of your child, stepchild, or foster child for more than half the year.
• You paid more than half the cost of keeping up a home for the year.
• The child or dependent lived with you — see the next section, Who is a qualifying person?

[Elle&Kev 120]

I just got off the phone with USCIS and they told me that my taxes aren't even needed to AOS.... So now I feel like the person that told me that, doesn't know what she was even talking about. I will be filing AOS soon.

My husband is in the states tho .. Should I still file single and then adjust

I just got off the phone with USCIS and they told me that my taxes aren't even needed to AOS.... So now I feel like the person that told me that, doesn't know what she was even talking about. I will be filing AOS soon.

My husband is in the states tho .. Should I still file single and then adjust

You are married so wouldn't file "SINGLE".

However, you mentioned you have a child so therefore you qualify to file as "Head of Household".

If for some reason you do not qualify to file as "Head of Household" then you would choose "Married Filing Separately"

NRA stands for None Resident Alien. When filing for Married Filing Separate you would put NRA where it requests for your spouses SSN.

[Ketsuban 1,034]

You can file as Married Filing Separately or Head of Household for now, then amend it later when he has his SSN.

[Fuji1978 33]

Yes we got married June 2014. What is a NRA ? We have a daughter that I planned on filing with . If I file married separate , would that bring about any questioning later on ? Or should I do single and just adjust later

Yes we got married June 2014. What is a NRA ? We have a daughter that I planned on filing with . If I file married separate , would that bring about any questioning later on ? Or should I do single and just adjust later

Im confused. .....how did you marry in June but say K1 expired in November? The period is 90 days from entry to marry. If he entered and married in June, the deadline would be in September. ....correct?