Case Complete to Interview August 2016

[PAhopefulDNP 1]

For the year Jan 1st to Dec 31st 2015 my husband filed the tax paper as single cause we got married on May 2015. He said he will file as married from next year. Will that be a very big problem?

I don't think that should be a problem because I filed taxes for last year as single because my accountant said he needed a social for my husband if I wanted to filed as married. From what my lawyer told me they look at what your income is not what your filing status is. And I'm sure by now they have figured out that this is something everyone does since your spouse is in another country.

[PAhopefulDNP 1]

Is this different from the CEAC website? I'm kind of confused. If so I'd there a link or something?

It's the same thing. I think they meant use the CEAC website to track theres no actual tracker. Your date gets updated each time they look at your case hence people can tell when they "touched" their case.

I got caught in a little drizzle yesterday and woke up with the sniffles and I'm sneezing this morning. I have my medical scheduled for Monday, if my symptoms don't go away by then will it affect my medical?

My husband had the same problem when he had his medical he was worried about his cold and the doctor told him it's fine that's not what they're looking for. Hope that helps

[kc214 8]

I don't think that should be a problem because I filed taxes for last year as single because my accountant said he needed a social for my husband if I wanted to filed as married. From what my lawyer told me they look at what your income is not what your filing status is. And I'm sure by now they have figured out that this is something everyone does since your spouse is in another country.

Wrong wrong!!!

They view this as a HUGE red flag if you are married and filed taxes as single and not married. You should get your taxes amended as soon as possible. Your accountant and attorney are both wrong as well. You do not need spouse's social to file married, you just file married filing separately. This is what I did for 2015 taxes and I filed from abroad. This is not "something that everyone does".

Edited July 17, 2016 by kc214

[PAhopefulDNP 1]

Wrong wrong!!!

They view this as a HUGE red flag if you are married and filed taxes as single and not married. You should get your taxes amended as soon as possible. Your accountant and attorney are both wrong as well. You do not need spouse's social to file married, you just file married filing separately. This is what I did for 2015 taxes and I filed from abroad. This is not "something that everyone does".

Lol! This was a huge discussion on the July 2016 post. Might wanna read up on that. Consensus agreed it was fine if you filed single.

[Gargalmon22 13]

Im so confused and terrified ? How long does it take to take fr it to get amended? My interview on August 1st.

[kc214 8]

Lol! This was a huge discussion on the July 2016 post. Might wanna read up on that. Consensus agreed it was fine if you filed single.

May be "fine" if you are already passed NVC stage, are not from a high fraud country, and/or have a ton of evidence of bonafide marriage with zero room for doubt.

I have read of NVC sending RFE for this exact reason and it makes no sense to apply as single if you are clearly married. Obviously that would make any CO suspicious.

But I'm no expert, so you can believe what you want. But for those who haven't filed taxes yet, know that you do not need spouse's SSN to file married and obviously it is always better to do things correctly and not raise any unwanted suspicion.

[PAhopefulDNP 1]

I tried editing my last post and it wouldn't let me. It was the June 2016 post not July. Here's the link. You can read up on it to ease your mind. http://www.visajourney.com/forums/topic/594205-case-complete-to-interview-june-2016/page-35

[PAhopefulDNP 1]

May be "fine" if you are already passed NVC stage, are not from a high fraud country, and/or have a ton of evidence of bonafide marriage with zero room for doubt.

I have read of NVC sending RFE for this exact reason and it makes no sense to apply as single if you are clearly married. Obviously that would make any CO suspicious.

But I'm no expert, so you can believe what you want. But for those who haven't filed taxes yet, know that you do not need spouse's SSN to file married and obviously it is always better to do things correctly and not raise any unwanted suspicion.

Lol, OK.

P.s some people don't actually get the same advice from their attorney, accountants or read the same information. So the best you can do is just explain your situation to the CO. No one deliberately tries to hurt their case. ?

[jakemars 0]

For the year Jan 1st to Dec 31st 2015 my husband filed the tax paper as single cause we got married on May 2015. He said he will file as married from next year. Will that be a very big problem?

My wife and i married on january 2015 but i still filed single for the tax year coz she still doesnt have a tax ID. I will file as married next year and it didnt cause any problem, we got approved.

[Gargalmon22 13]

My wife and i married on january 2015 but i still filed single for the tax year coz she still doesnt have a tax ID. I will file as married next year and it didnt cause any problem, we got approved.

Thanks alot. Did CO ask anything?

[Thegirl 225]

It's the same thing. I think they meant use the CEAC website to track theres no actual tracker. Your date gets updated each time they look at your case hence people can tell when they "touched" their case.

Oh... I guess cause when I check ceac it just always said AT NVC I was wondering. Never seen anywhere there is even a date.

[Thegirl 225]

Lol, OK.

P.s some people don't actually get the same advice from their attorney, accountants or read the same information. So the best you can do is just explain your situation to the CO. No one deliberately tries to hurt their case. ?

So true, our tax guy also told my husband he couldn't file as married because we were married after a certain time of year... Which I learned later was wrong by the way but the point is, every tax person and attorney is different and by now NVC and embassies must realize how this all works. I never got a checklist from NVC for him filing as single. But, every case is different so if you can fi it the "right" way, then do but many have done it filling single and were still approved. Hopefully I will be one of them.

[jakemars 0]

Thanks alot. Did CO ask anything?

Were having our interview in august but if they find anything wrong with your Aos at nvc then they will ask you yo amend it and send to them or you will have to bring it to your interview.

[Gargalmon22 13]

Were having our interview in august but if they find anything wrong with your Aos at nvc then they will ask you yo amend it and send to them or you will have to bring it to your interview.

NVC never told me anything. ? Just find out today that he did file as single. Hopefully will find a way.

[Sukie 1,460]

TAX INFO!!!!

Folks, if you are married as of December 31st in any year, you are required to file as Married. No ifs, ands, or buts.

This is NOT an NVC rule. This is an IRS rule.

Unless your case is really dodgy, NVC could care less what you file. Some people might have been tripped up by this, but I have never seen a single case (in the last four years) here on Visa Journey where NVC had a hissy fit.

The bigger issue is getting into trouble with the IRS, and believe me, you do NOT want to go down this path.

Do not freak out if your USC spouse filed as single in a year when you married. All s/he has to do (to be OK with the IRS) is to file an amended tax return in a timely manner.

If NVC were to ask about it, you can always say that your accountant/attorney gave you incorrect tax information (which they do about 80% of the time), and that the USC will file an amended return.

But learn from this, please. If you are married, you must file as married. Period. Most of us file "Married, Filing Separately" during the year(s) we are apart from our spouses. All this takes is filing a PAPER RETURN (as opposed to an online return) and putting NRA (Non-resident Alien) in the SSN box for the foreign spouse.

Sukie in NY