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i-130 Tax Filing Status Definitive Answer

By boostrz in Tax & Finances During US Immigration

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
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Posted

that makes sense. I have an appointment tomorrow with HR Block, I will most likely fill out a 1040x putting "NRA" for my wife.

It's pretty simple to get an ITIN. Why are you giving money away when you can simply get an ITIN and file a joint return?

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boostrz Apprentice

boostrz   0

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Filed: IR-1/CR-1 Visa Timeline
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It's pretty simple to get an ITIN. Why are you giving money away when you can simply get an ITIN and file a joint return?

sending mail to my wife's country is very costly and time consuming. It would probably be about 3 to 6 months just to get the signed paper back. How long is it after I send the signed paper? 6-7 weeks? by the time its all said and done, i would have sent the aos already.

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Nich-Nick Grand Master

Nich-Nick   3,354

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

sending mail to my wife's country is very costly and time consuming. It would probably be about 3 to 6 months just to get the signed paper back. How long is it after I send the signed paper? 6-7 weeks? by the time its all said and done, i would have sent the aos already.

I tend to agree with you. If you want to amend to save money, then do it after she is here and has a SSN. Besides, if the gain is only a couple hundred dollars, you could easily spend that in tax prep fees if you don't know how to file taxes yourself. It's more complicated if she has foreign income to report so I am sure when you step into that international realm, the fees go up. I wouldn't do anything. Just get on with what you have like your lawyer says.

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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  • 1 month later...
Englishsammy Community Regular

Englishsammy   17

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: United Kingdom
 Timeline
Posted

I'm confused with the tax returns. We are just completing my husband's due to wanting to move back and will be filing DCF (he's a US citizen living in the UK for 8 years). I'm obviously a NRA but I do have a SSN due to living in the US previously. Do we need to file joint? Or can he file married but separate? The IRS info is not very explanatory. Any insight welcome!

09/20/05 NOA1 received
11/22/05 NOA2 received (65 days)
12/05/05 NVC received application! (say 2-4 week wait)
12/13/05 Found out forms were sent to London on 12/08/05!
12/20/05 Packet 3 received!
01/11/06 Medical - Knightsbridge London
01/18/06 Sent back packet 3!
02/15/06 Received packet 4!

02/13/06 INTERVIEW DATE 03/22/06 AT 10.30AM!! - APPROVED

Married July 29th 2006!!

08/17/2006 Filed for AOS and EAD
08/26/2006 NOA1 received for both (dated 08/24/06)
09/06/2006 RFE email.....not sure what for yet!
9/07/2006 Biometrics completed
10/13/2006 Transferred to CSC!!
11/02/2006 Approval email received!!
11/08/2006 Welcome to USA letter arrives!

11/13/2006 GREEN CARD RECEIVED - NO MISTAKES!!!!

06/06/08 Family moved back to UK!!

Husband gained UK citizenship September 2015

______________________________________________________________________________________________________________________

Family relocating back to California

06/27/2016 I-130 Spousal Visa application sent to London Embassy

07/05/2016 NOA 1

08/31/2016 NOA 2 - case transferred to the Immigrant Visa Unit at the embassy

09/13/2016 3rd Letter received with LND number

10/14/2016 Medical

10/31/2016 Embassy interview

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NikLR Grand Master

NikLR   13,227

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

He can file mfs. You write NRA in the SSN and then paperfile. He cant file online if you dont have an SSN.

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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Nich-Nick Grand Master

Nich-Nick   3,354

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

I'm confused with the tax returns. We are just completing my husband's due to wanting to move back and will be filing DCF (he's a US citizen living in the UK for 8 years). I'm obviously a NRA but I do have a SSN due to living in the US previously. Do we need to file joint? Or can he file married but separate? The IRS info is not very explanatory. Any insight welcome!

Don't file jointly. No benefit to that. He won't owe any money if he takes the foreign earned income exclusion.

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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Englishsammy Community Regular

Englishsammy   17

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: United Kingdom
 Timeline
Posted

Thank you!

09/20/05 NOA1 received
11/22/05 NOA2 received (65 days)
12/05/05 NVC received application! (say 2-4 week wait)
12/13/05 Found out forms were sent to London on 12/08/05!
12/20/05 Packet 3 received!
01/11/06 Medical - Knightsbridge London
01/18/06 Sent back packet 3!
02/15/06 Received packet 4!

02/13/06 INTERVIEW DATE 03/22/06 AT 10.30AM!! - APPROVED

Married July 29th 2006!!

08/17/2006 Filed for AOS and EAD
08/26/2006 NOA1 received for both (dated 08/24/06)
09/06/2006 RFE email.....not sure what for yet!
9/07/2006 Biometrics completed
10/13/2006 Transferred to CSC!!
11/02/2006 Approval email received!!
11/08/2006 Welcome to USA letter arrives!

11/13/2006 GREEN CARD RECEIVED - NO MISTAKES!!!!

06/06/08 Family moved back to UK!!

Husband gained UK citizenship September 2015

______________________________________________________________________________________________________________________

Family relocating back to California

06/27/2016 I-130 Spousal Visa application sent to London Embassy

07/05/2016 NOA 1

08/31/2016 NOA 2 - case transferred to the Immigrant Visa Unit at the embassy

09/13/2016 3rd Letter received with LND number

10/14/2016 Medical

10/31/2016 Embassy interview

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  • 2 months later...
Hamid1234 Enthusiast

Hamid1234   2

Posted
Filed: F-2A Visa Country: Bangladesh
 Timeline
Posted

Hello,

I am the USC filing for my NRA wife. We got married on December 30, 2015. What is the definitive answer on Tax Return filing status as of 2016? I have read a plethora of information from multiple threads with no definitive answer. I filed as Single due to the insistence of my tax pro at H&R Block. Now before anyone chimes in about HR block employees being idiots, I live in NYC, the city with arguably the most immigrants in the US, and all the Block employees at the office I went to deal with various immigration related issues on a daily basis. Their expertise is in ITIN's and other immigration related tax things. In addition, my immigration attorney was very confident in her reassurance that my wife's visa WILL NOT be denied based on my tax filing status. Furthermore, two of my cousins just recently brought over their wives from the same country, Bangladesh (one was a year ago, the other 2 months ago) and both filed as Single on their returns and also assured me that no "Red Flags" (as many people blindly point to on this forum) were raised.

At this point, is it worth it for me to file a 1040x to amend my taxes? Has anyone every gotten denied a visa solely Tax Return filing status? Or is it all just speculation?

PS The IRS only cares if they get their money and based on my income, filing Single vs MFS, results in 100% the same tax amount.

-Shawn

did you change your filing status SINGLE TO MFS???

F2A JOURNEY


USCIS


Vermont Service Center


01/12/2015 : NOA1 (Priority Date)


08/27/2015 : NOA-T (Electronic Transfer notice to California Service Center)


08/31/2015 : NOA-T (Hard Copy of Transfer notice received in mail)


09/29/2015 : NOA2 ( I-130 Approved) Electronic confirmation


10/03/2015: NOA2 Hard Copy received in mail


National visa center


11/05/2015: welcome letter received.


11/07/2015: ds261 submitted.


11/10/2015: aos paid


11/22/2015: iv paid


11/25/2015: ds260 completed


11/27/2015: aos & iv packet sent


12/04/2015: scan date


01/14/2016: case complete


09/28/2016: recieved interview letter (phone call)


11/09/2016: interview date.(approved)


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boostrz Apprentice

boostrz   0

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

did you change your filing status SINGLE TO MFS???

No, I left it at Single. After consulting many, many sources (lawyers, tax pros, accountants, other people that have petitioned successfully in the past, etc), I left it as is.

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Hamid1234 Enthusiast

Hamid1234   2

Posted
Filed: F-2A Visa Country: Bangladesh
 Timeline
Posted

No, I left it at Single. After consulting many, many sources (lawyers, tax pros, accountants, other people that have petitioned successfully in the past, etc), I left it as is.

thank you.yesterday i call a tax preparer ,he said to me there are no problem for the issue.if i want to change the status,what can i do???did you complete your interview???

F2A JOURNEY


USCIS


Vermont Service Center


01/12/2015 : NOA1 (Priority Date)


08/27/2015 : NOA-T (Electronic Transfer notice to California Service Center)


08/31/2015 : NOA-T (Hard Copy of Transfer notice received in mail)


09/29/2015 : NOA2 ( I-130 Approved) Electronic confirmation


10/03/2015: NOA2 Hard Copy received in mail


National visa center


11/05/2015: welcome letter received.


11/07/2015: ds261 submitted.


11/10/2015: aos paid


11/22/2015: iv paid


11/25/2015: ds260 completed


11/27/2015: aos & iv packet sent


12/04/2015: scan date


01/14/2016: case complete


09/28/2016: recieved interview letter (phone call)


11/09/2016: interview date.(approved)


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