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joint vs. separate filing taxes???

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Filed: IR-1/CR-1 Visa Country: Peru
Timeline

I am a little confused when it comes to filing taxes, our case is currently at NVC, and my husband is still working overseas. I would love to file joint this year because of the bigger refund, but I read that I must submit evidence of my husband's income? Is this true? He doesn't make much and does not have any official evidence. What else do I need to submit? He DOES have a ss# due to a previous stay in the US. Any help would be great, thanks in advance.

Met in and lived in beneficiary's country 2010-2012

Applied 2012-Approved K1 in 2013 (approx 8 months Noa1-approval)- decided to postpone marriage and live together in beneficiary's country before marriage.

Married 11/30/13 -lived together until filing

Filed for K3-04/06/2015

Noa1 04/06/15

Noa2 08/06/15

NVC case # 09/18/2015-case became CR1 (it's true what they say K3 is obsolete-don't even attempt it)

Paid AOS 09/18/2015

Paid 261 09/23/2015

Sent AOS and IV packed 10/07/15

Scan date 10/08/15

DS-260 10/14/2015

11/10/2015 Found out I had a checklist

11/18/2015 Scan date for information they needed after talking to someone over the phone regarding checklist

11/19/2015 FINALLY recieved actual checklist

11/30/2015 Sent one more extra tax transcript to avoid any possible further checklists

12/16/2015 Requested an Expedite

12/29/2015 Expedite approved, case being sent immediately to Embassy/awaiting interview date

12/31/2015- CEAC shows case as IN TRANSIT

1/11/2016- CEAC shows READY

1/14/2016-Received interview date/packet-case became IR1 (married more then 2 years)

Medical Scheduled 1/22/2016

Medical Completed

Interview Scheduled 2/18/2016

VISA APPROVED 2/18/2016

2/19/2016 VISA ISSUED

3/05/2016 ENTERED USA!!!!

3/16/2016-Paid GC fee

4/25/2016-Received GC in mail!!!!

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Filed: Lift. Cond. (apr) Country: China
Timeline
Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: Country: Vietnam (no flag)
Timeline

I am a little confused when it comes to filing taxes, our case is currently at NVC, and my husband is still working overseas. I would love to file joint this year because of the bigger refund, but I read that I must submit evidence of my husband's income? Is this true? He doesn't make much and does not have any official evidence. What else do I need to submit? He DOES have a ss# due to a previous stay in the US. Any help would be great, thanks in advance.

You have two choices.

Choice 1: Married filing separately. Only your income is reported and is taxable. You will get a compressed tax bracket.

Choice 2: Married by filing jointly. Husband who is a non-resident alien would elect to be treated as a US taxpayer by the IRS. He uses his SS#. Your and his income would both needed to be reported and taxed. You will need to provide tax documents from his home country.

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Filed: IR-1/CR-1 Visa Country: Peru
Timeline

You have two choices.

Choice 1: Married filing separately. Only your income is reported and is taxable. You will get a compressed tax bracket.

Choice 2: Married by filing jointly. Husband who is a non-resident alien would elect to be treated as a US taxpayer by the IRS. He uses his SS#. Your and his income would both needed to be reported and taxed. You will need to provide tax documents from his home country.

So if getting his income on paper is like jumping through hoops I should just file separately until he is physically here and working....thanks for your help.

Met in and lived in beneficiary's country 2010-2012

Applied 2012-Approved K1 in 2013 (approx 8 months Noa1-approval)- decided to postpone marriage and live together in beneficiary's country before marriage.

Married 11/30/13 -lived together until filing

Filed for K3-04/06/2015

Noa1 04/06/15

Noa2 08/06/15

NVC case # 09/18/2015-case became CR1 (it's true what they say K3 is obsolete-don't even attempt it)

Paid AOS 09/18/2015

Paid 261 09/23/2015

Sent AOS and IV packed 10/07/15

Scan date 10/08/15

DS-260 10/14/2015

11/10/2015 Found out I had a checklist

11/18/2015 Scan date for information they needed after talking to someone over the phone regarding checklist

11/19/2015 FINALLY recieved actual checklist

11/30/2015 Sent one more extra tax transcript to avoid any possible further checklists

12/16/2015 Requested an Expedite

12/29/2015 Expedite approved, case being sent immediately to Embassy/awaiting interview date

12/31/2015- CEAC shows case as IN TRANSIT

1/11/2016- CEAC shows READY

1/14/2016-Received interview date/packet-case became IR1 (married more then 2 years)

Medical Scheduled 1/22/2016

Medical Completed

Interview Scheduled 2/18/2016

VISA APPROVED 2/18/2016

2/19/2016 VISA ISSUED

3/05/2016 ENTERED USA!!!!

3/16/2016-Paid GC fee

4/25/2016-Received GC in mail!!!!

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Filed: Timeline

So if getting his income on paper is like jumping through hoops I should just file separately until he is physically here and working....thanks for your help.

Depends on how much the hoop jumping is worth to you. Married filing joint should end up with a lower effective tax rate. Your husband does not have an SSN, you will need to apply for a ITIN (look up the process on google). You will see lots of companies who want to charge for the service. In my opinion, its a very straightforward DIY process. Save the money, and file joint on your own.

I didn't provide any tax documents for my wife (to my knowledge they don't exist, but I am not a Vietnamese tax expert). I provided documentation (not government, from her employer) of her income. It's all I had, and was acceptable.

Edited by JRF
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Filed: IR-1/CR-1 Visa Country: Peru
Timeline

Depends on how much the hoop jumping is worth to you. Married filing joint should end up with a lower effective tax rate. Your husband does not have an SSN, you will need to apply for a ITIN (look up the process on google). You will see lots of companies who want to charge for the service. In my opinion, its a very straightforward DIY process. Save the money, and file joint on your own.

He has a ss# so that isn't the issue, I am more concerned about the evidence to show his income in Peru. How formal does it have to be? Just a letter from the both of us, or actual pay stubs?

Met in and lived in beneficiary's country 2010-2012

Applied 2012-Approved K1 in 2013 (approx 8 months Noa1-approval)- decided to postpone marriage and live together in beneficiary's country before marriage.

Married 11/30/13 -lived together until filing

Filed for K3-04/06/2015

Noa1 04/06/15

Noa2 08/06/15

NVC case # 09/18/2015-case became CR1 (it's true what they say K3 is obsolete-don't even attempt it)

Paid AOS 09/18/2015

Paid 261 09/23/2015

Sent AOS and IV packed 10/07/15

Scan date 10/08/15

DS-260 10/14/2015

11/10/2015 Found out I had a checklist

11/18/2015 Scan date for information they needed after talking to someone over the phone regarding checklist

11/19/2015 FINALLY recieved actual checklist

11/30/2015 Sent one more extra tax transcript to avoid any possible further checklists

12/16/2015 Requested an Expedite

12/29/2015 Expedite approved, case being sent immediately to Embassy/awaiting interview date

12/31/2015- CEAC shows case as IN TRANSIT

1/11/2016- CEAC shows READY

1/14/2016-Received interview date/packet-case became IR1 (married more then 2 years)

Medical Scheduled 1/22/2016

Medical Completed

Interview Scheduled 2/18/2016

VISA APPROVED 2/18/2016

2/19/2016 VISA ISSUED

3/05/2016 ENTERED USA!!!!

3/16/2016-Paid GC fee

4/25/2016-Received GC in mail!!!!

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He has a ss# so that isn't the issue, I am more concerned about the evidence to show his income in Peru. How formal does it have to be? Just a letter from the both of us, or actual pay stubs?

The IRS forms do not actually require any paper evidence of the foreign income. It is self reported and converted to US dollars. Any evidence or documentation would be for your records in case of audit, which would be unlikely on a small pittance of income.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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