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harry1312 Rookie

harry1312   0

Posted
Filed: Timeline
Posted

Hello Guys,

 

Please help.My husband is a LPR and needs to file taxes for this year.He Petioned me in August 2016 and our I130 is in  process and I am in India right now waiting for my priority date to be current.I have never been to US till now.We just want to know how should he file "Single" or "Married"?

 

Please help.

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EG&XY Enthusiast

EG&XY   144

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

You are married; therefore, he must file as married. I think what you are really trying to figure out is should he file as "married filing jointly" or "married filing separately"?

 

He can file either way, but it is much easier to simply file as "married filing separately". There can be benefits to filing as "married filing jointly" but it is much messier and requires quite a bit more information and work so unless you think that there would be a benefit you probably don't want to go down that road.

Relationship:     First met 2015, Married since Oct 2016

Spoiler

2015 Apr - First met and started chatting online (he was in the US on a J-1 visa)

2015 Sep - J-1 visa expires (2 year home stay requirement)

2016 Feb - First trip to China (10 days): met friends and family, celebrated Spring Festival (Chinese New Year), lots of sightseeing (including seeing pandas), and lots of food

2016 Feb 06 - Purchase matching jade necklaces to mark engagement

2016 Jun/Jul - Second trip to China (10 days): lots more sightseeing, food, and time with friends/family

2016 Sep/Oct - Third trip to China (10 days) this time with my parents so that my parents could meet him and his mom, along with lots of sightseeing and food (i'm sure you've picked up on a trend by now :D)

2016 Oct - At the end of the time in China my parents, myself, and Xuan all traveled to Canada (7 days) so that we could get married, but unfortunately his mom couldn't come along with us.

2016 Oct 08 - Wedding day on top of Mount Washington on Vancouver Island, and it had just snowed the night before. (L)(L)

2017 Jan - Fourth trip to China (7 days), you guessed it: food, family, friends, spring festival, ...


The CR-1 Process:    NOA1 - PD 27 Dec 2016 (TSC)

Spoiler

2016 Dec 21 - Sent I-130 packet (along with G-1145 for e-notification) by USPS priority mail express (1-day), but missed the pick-up so it won't actually leave till the next day

2016 Dec 23 - Delivery confirmed by USPS

2017 Jan 03 - Payment drawn from bank account

2017 Jan 04 - Text and email confirming USCIS receipt of petition, assignment to Texas Service Center for processing and SRC case number

2017 Jan 09 - Received I-797c notice of action by mail (NOA1) with assigned priority date of 27 Dec 2016

2017 ??? ......... just waiting patiently for NOA2 (hopefully by April/May if they ever stop transferring cases from Nebraska)

 

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Sukie Experienced

Sukie   1,463

Posted
Filed: Citizen (apr) Country: Australia
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Posted

Married, Filing Separately is best for you, I think.  Your husband has to file a PAPER copy of the taxes.  He cannot submit electronically.  None of the tax programs will allow him to file electronically without your SSN.  He will fill out the forms, and then hand-write "NRA" in the Spouse SSN space.  That stands for "Non-Resident Alien".

 

Many many tax people get this wrong.  If you are married, you MUST file as Married. 

 

Good luck!

 

Sukie in NY

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

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KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
15 minutes ago, prastha said:

My Husband is in Nepal, so when I filed the Tax I filed as Single. 

You will have to amend that return once he is in the US and gets a SSN. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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prastha Explorer

prastha   1

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted
7 minutes ago, KierenHby said:

You will have to amend that return once he is in the US and gets a SSN. 

Is that necessary?? I have a cousin who filed as Single when his wife was not here. I never heard about the amend.

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KierenHby Experienced

KierenHby   899

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

Yes. As noted above, cannot file as single once married. Doing so otherwise is misrepresentation. Google amend taxes. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
23 minutes ago, prastha said:

I saw online that once you've accepted the tax return, you cannot Amend.

link? 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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  • 3 weeks later...
lamafiosa69 Explorer

lamafiosa69   46

Posted
Filed: Country: Dominican Republic
 Timeline
Posted
On ‎3‎/‎14‎/‎2017 at 1:43 AM, Sukie said:

Married, Filing Separately is best for you, I think.  Your husband has to file a PAPER copy of the taxes.  He cannot submit electronically.  None of the tax programs will allow him to file electronically without your SSN.  He will fill out the forms, and then hand-write "NRA" in the Spouse SSN space.  That stands for "Non-Resident Alien".

 

Many many tax people get this wrong.  If you are married, you MUST file as Married. 

 

Good luck!

 

Sukie in NY

Thank you for the info. I filed as head of household(I support my mom) instead of Married filling Separately.  Since I am in the process of bringing my spouse over, do you recommend that the taxes be amended now or after my spouse is here and he obtains a SSN?

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ekim Explorer

ekim   10

Posted
Filed: Timeline
Posted
10 hours ago, lamafiosa69 said:

Thank you for the info. I filed as head of household(I support my mom) instead of Married filling Separately.  Since I am in the process of bringing my spouse over, do you recommend that the taxes be amended now or after my spouse is here and he obtains a SSN?

 

You have 3 years to amend from filing of original tax return. In the past, I filed an amendments to 3 of my returns (different year) at the same time and was able to get around $5K for each return from the fed and around $1K from state. You can ask the help of an accountant to maximize the refund.

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