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SunnyinAmerica

HELP! Marriage Base Interview; Filed Taxes Married but Separate

By SunnyinAmerica in Adjustment of Status Case Filing and Progress Reports

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SunnyinAmerica Newbie

SunnyinAmerica   1

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Timeline
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I need help! So my husband and I have been married for a little over a year now and our green card interview is coming up on January 4th. I am the immigrant and he is the US citizen, one of my parents passed away and left me quite a bit of money which led us to getting a prenup. When we were doing taxes, I was advised to file married but separate to keep things more separate in case there would ever be a divorce, the prenup would not be affected. I was advised to do this for precaution by my CPA. Now that the interview is coming up they would like to see tax returns and I am so scared that the filing status will affect the decision. Has anyone here filed married but seperately?!? And if so, what happened??

 

We have a lease together, phone bill together, electricity together, bank account together, credit card together and photos together. 

 

Completely real marriage! I am just scared that the filing status will have a negative effect.

Please help! I am freaking out about this.

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

USCIS doesn't care if you file MFS or MFJ. That's a personal decision about taxes.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Going through Mentor

Going through   5,671

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

So long as you didn't file "single", there's no issue.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

bakphx1 Proficient

bakphx1   789

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

The important word is "married" in married filing separately.  There are many reasons people do this and it's strictly a financial decision.  It's got nothing to do with how spouses feel about each other.  I will always calculate both ways and take the most advantageous result. 

 

Don't worry one second more about it.  As long as you didn't file single, your tax filings sound fine. 

  • 1 month later...
WinterRose Contributor

WinterRose   2

Posted
Filed: AOS (pnd) Country: Japan
 Timeline
Posted (edited)
On 12/13/2018 at 6:34 PM, SunnyinAmerica said:

Thank you so much everyone! Wish me luck!

How did everything turn out? Hopefully everything was okay. We are  considering filing married but separate due to financial reasons, and are hoping it wouldn’t cause a negative effect.

Edited by WinterRose

 

I-130 & I-485 AOS Filing Timeline from F-1:

 

07/26/2017: Mailed AOS Package

07/30/2017: AOS Package Delivered

08/02/2017: Case Rejected

08/09/2017: Received Form I-797C, Case Rejected, in Mail

08/09/2017: Mailed Corrected AOS Package 

08/15/2017: USCIS Received Corrected AOS Package

08/21/2017: USCIS Accepted I-485 Biometrics Fee

08/23/2017: Received Text and E-Mail Notification that USCIS Received the Case

08/28/2017: Received NOA1 (Form I-797C) in Mail

09/04/2018: Mailed I-765 EAD Renewal Form

01/29/2018: Received E-Mail Notification that EAD Card was Mailed 

02/05/2018: EAD Card Received

11/07/2018: Mailed I-765 EAD Renewal Form and I-131 Application for Travel Document

11/16/2018: Received E-Mail Notification that Form I-765 and I-131 was Received

01/23/2019: Received E-Mail Notification for I-485 Adjustment of Status Interview

02/01/2019: Received NOA2 (Form I-797C), Adjustment of Status Interview, in Mail

02/27/2019: Interview Scheduled at USCIS in San Francisco, CA

03/19/2019: Received E-Mail Notification, Card in Production 

3/20/2019: Received E-Mail Notification for I-130 and I-485, Case was Approved

3/22/2019: Received E-Mail Notification, Card was Mailed

3/25/2019: Received E-Mail Notification, Card was Picked Up by The United States Postal Service

3/26/2019: Received E-Mail Notification, Card was Delivered by The USPS

3/27/2019: Actual Card was Delivered, Card in Hand

 

SunnyinAmerica Newbie

SunnyinAmerica   1

Posted
Timeline
  • Author
Posted

@WinterRose They asked us why we filed separately and we just told them the reason. We were approved! 

18 minutes ago, WinterRose said:

How did everything turn out? Hopefully everything was okay. We are  considering filing married but separate due to financial reasons, and are hoping it wouldn’t cause a negative effect.

They asked us why we filed separately and we just told them the reason. We were approved! 

WinterRose Contributor

WinterRose   2

Posted
Filed: AOS (pnd) Country: Japan
 Timeline
Posted
3 minutes ago, SunnyinAmerica said:

@WinterRose They asked us why we filed separately and we just told them the reason. We were approved! 

They asked us why we filed separately and we just told them the reason. We were approved! 

As long as the explaination makes sense I suppose we should be good then. Hopefully. ^^ 

 

Also, that’s fantastic to hear! I am so happy for you two!! Congratulations!! :D Glad you passed with flying colors. :)

 

I-130 & I-485 AOS Filing Timeline from F-1:

 

07/26/2017: Mailed AOS Package

07/30/2017: AOS Package Delivered

08/02/2017: Case Rejected

08/09/2017: Received Form I-797C, Case Rejected, in Mail

08/09/2017: Mailed Corrected AOS Package 

08/15/2017: USCIS Received Corrected AOS Package

08/21/2017: USCIS Accepted I-485 Biometrics Fee

08/23/2017: Received Text and E-Mail Notification that USCIS Received the Case

08/28/2017: Received NOA1 (Form I-797C) in Mail

09/04/2018: Mailed I-765 EAD Renewal Form

01/29/2018: Received E-Mail Notification that EAD Card was Mailed 

02/05/2018: EAD Card Received

11/07/2018: Mailed I-765 EAD Renewal Form and I-131 Application for Travel Document

11/16/2018: Received E-Mail Notification that Form I-765 and I-131 was Received

01/23/2019: Received E-Mail Notification for I-485 Adjustment of Status Interview

02/01/2019: Received NOA2 (Form I-797C), Adjustment of Status Interview, in Mail

02/27/2019: Interview Scheduled at USCIS in San Francisco, CA

03/19/2019: Received E-Mail Notification, Card in Production 

3/20/2019: Received E-Mail Notification for I-130 and I-485, Case was Approved

3/22/2019: Received E-Mail Notification, Card was Mailed

3/25/2019: Received E-Mail Notification, Card was Picked Up by The United States Postal Service

3/26/2019: Received E-Mail Notification, Card was Delivered by The USPS

3/27/2019: Actual Card was Delivered, Card in Hand

 

 
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