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I just read in an NVC guide here that you should file married on your taxes.....My accountant was against that and I filed single, how likely is this to affect our visa petition?

i have ungodly amounts of proof of relationship, we lived together for several years in China, took somewhere around 56 flights together, years of photos with family and together of course, She has my last name, the list of proof goes on and on,,,, we just paid the IV bill, should i back up and amend my taxes again now? or just explain that i was advised against filing Married with a foreign spouse?

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Filed: Citizen (apr) Country: Nigeria
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I just read in an NVC guide here that you should file married on your taxes.....My accountant was against that and I filed single, how likely is this to affect our visa petition?

i have ungodly amounts of proof of relationship, we lived together for several years in China, took somewhere around 56 flights together, years of photos with family and together of course, She has my last name, the list of proof goes on and on,,,, we just paid the IV bill, should i back up and amend my taxes again now? or just explain that i was advised against filing Married with a foreign spouse?

Won't effect it. Don;t worry about it. But accountant is wrong also. Married is married you file married filing separate you don;t need a SS# or Married filing jointly. I have yet to read about a tax accountant that gets that.

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3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
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N-400
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Could you elaborate the justification your attorney provided? Curious.

Accountant, i honestly cannot remember its been a while ago, I assume she had just never dealt with a similar situation and I followed her advice.

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Yea sorry meant accountant,

You dont seem to be getting good results from your professional services eh Joshua@Tinz?

Accountant, i honestly cannot remember its been a while ago, I assume she had just never dealt with a similar situation and I followed her advice.

Edited by heo luoi
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Won't effect it. Don;t worry about it. But accountant is wrong also. Married is married you file married filing separate you don;t need a SS# or Married filing jointly. I have yet to read about a tax accountant that gets that.

Did you file Married? I just talked to my accountant again and she told me without a SSN or ITIN it can be considered fraud to file married. Alot of conflicting information out there

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Filed: Citizen (apr) Country: Nigeria
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Did you file Married? I just talked to my accountant again and she told me without a SSN or ITIN it can be considered fraud to file married. Alot of conflicting information out there

Me and the other poster have already told you they are wrong. You are married. Even on turbo task it ask did your souse leave with you any portion in 2014 yes or no you go on and you qualify. Them not being here doesn't erase we are married we aren't single. You need a SSN and or ITIN if you are filing married filing jointly.

Like I said before I have yet to meet a smart tax accountant that even knows that You are suppose to file MFS or MFJ. You can ask them all day they are clueless. :luv:

You amend your taxes when she gets here and gets SSN.

Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

DQ-to-Interview-2023-all-countries

Case Complete to Interview Spreadsheet
Case Complete to Interview Form

 

 

 

ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

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Filed: K-1 Visa Country: Philippines
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Did you file Married? I just talked to my accountant again and she told me without a SSN or ITIN it can be considered fraud to file married. Alot of conflicting information out there

I think your accountant is trying to say she wants fired.

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Filed: Citizen (apr) Country: Vietnam
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Indeed filed married but fling separate in 2014 - no itin or ssn. Will amend once she gets her ssn and file jointly.

.

ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

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Did you file Married? I just talked to my accountant again and she told me without a SSN or ITIN it can be considered fraud to file married. Alot of conflicting information out there

from the instruction of the !040 tax form

Nonresident Alien Spouse

If your spouse is a nonresident alien, he

or she must have either an SSN or an

ITIN if:

You file a joint return,

You file a separate return and

claim an exemption for your spouse, or

Your spouse is filing a separate return

your Tax accountant is wrong. Notice last paragraph "You file a separate return and

claim an exemption for your spouse, or

Your spouse is filing a separate return" only then will you need a tax id or SS# for your spouse when filing separately. Most likely your spouse is in another country and will not be filing a separate US form

It is probably to late now to do it, but what I did was file an extension for married filing jointly. Then when my wife got here I send in my tax info. the only requirement is that you pay any taxes owed when you file extension

here is the link to the 1040 instructions

http://www.irs.gov/pub/irs-pdf/i1040gi.pdf

Edited by j&ana

ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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Got it, So I will amend back to 2013 when she gets here, I mean it shouldn't affect the petition though , that is my main concern. If I am lucky when I amend I will get some money back , but lets be honest the IRS isn't keen on handing out money for past returns.

There is a perfectly logical explanation why I claimed single, It can be considered the safest way to avoid IRS penalties, and also was on the advice of my accountant, who will no longer be handling my affairs as of next year. And misinterpretation of the regulations on the 1040

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Filed: IR-1/CR-1 Visa Country: Canada
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You should amend it before your interview. My husband (USC) filed single and then three months later he went to H & R Block and had it changed to married living separately. Married is married and you don't want to give the consulate any reason to question you and why you "lied" and said single. It is a 10 minute switch and completely worth it in the whole scheme of things. I would change it NOW...we did :)

BTW: we got the advice to do so from this site!

CR-1 Visa

Event Date

Service Center : Vermont Service Center

Consulate : Montreal, Canada

Marriage : 2013-08-01 (L)(L)

I-130 Sent : 2013-09-01

I-130 NOA1 : 2013-09-01

I-130 Approved : 2013-10-01

NVC Received : 2014-04-30

Received DS-261 /AOS Bill : 2014-06-05

Pay AOS Bill : 2014-06-15

Send AOS Package : 2014-06-30

Submit DS-261 : 2014-07-05

Receive IV Bill : 2014-07-15

Pay IV Bill : 2014-07-15

Send IV Package : 2014-07-20

4 RFE about the 1-864: 2014/08 to 2015/03

Case Completed at NVC : 2015-07-22

Receive Instruction and Interview appointment letter : 2015-08-27

Medical: 2015-08-31 in Toronto with Dr. Lyndon M.

Interview Date : 2015-09-28 :dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing:

Interview Result : Approved :yes::yes::yes:

Passport received from Loomis: 2015-09-30

POE: 2015-10-09

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Filed: IR-1/CR-1 Visa Country: Canada
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PS: If you are still living together than I don't know how you would do that as I believe there are only three options. But you are definitely not single....

CR-1 Visa

Event Date

Service Center : Vermont Service Center

Consulate : Montreal, Canada

Marriage : 2013-08-01 (L)(L)

I-130 Sent : 2013-09-01

I-130 NOA1 : 2013-09-01

I-130 Approved : 2013-10-01

NVC Received : 2014-04-30

Received DS-261 /AOS Bill : 2014-06-05

Pay AOS Bill : 2014-06-15

Send AOS Package : 2014-06-30

Submit DS-261 : 2014-07-05

Receive IV Bill : 2014-07-15

Pay IV Bill : 2014-07-15

Send IV Package : 2014-07-20

4 RFE about the 1-864: 2014/08 to 2015/03

Case Completed at NVC : 2015-07-22

Receive Instruction and Interview appointment letter : 2015-08-27

Medical: 2015-08-31 in Toronto with Dr. Lyndon M.

Interview Date : 2015-09-28 :dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing:

Interview Result : Approved :yes::yes::yes:

Passport received from Loomis: 2015-09-30

POE: 2015-10-09

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Filed: K-1 Visa Country: Philippines
Timeline

Got it, So I will amend back to 2013 when she gets here, I mean it shouldn't affect the petition though , that is my main concern. If I am lucky when I amend I will get some money back , but lets be honest the IRS isn't keen on handing out money for past returns.

There is a perfectly logical explanation why I claimed single, It can be considered the safest way to avoid IRS penalties, and also was on the advice of my accountant, who will no longer be handling my affairs as of next year. And misinterpretation of the regulations on the 1040

If you have time you need to amend it now and bring proof. You might get a 221g for it if not. Happens alot on here. Could get lucky and sneak through. Embassy has seen it a million times though.,

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