NVC Filers - March 2019

[applerose 94]

2 hours ago, krazyprocess said:

You should file “married filing separately”, not “single” because you are not single. 

That is what my husband was told but was also suggest to get an ITIN # for me so that he could file "married filing jointly" which is what he did before I came to the US. 

The rule is to file "married filing separately" if you don't want to go the route of getting the spouse an ITIN#. Married people are not single. 

 

[Klam 24]

37 minutes ago, Vj USerr said:

It says generally they use or file as married and it says nothing like its mandatory to file as married. Please dont argue with me and i am not advising anyone to file single please file married if you can do so .End of my discussion. 

It says "generally" because there are other maneuvers you can use such as qualifying for HoH or going through the hassle of making the election to file jointly (something which I am doing this year).  However, barring those exceptions, it is indeed mandatory to filing MFS and not single.

Use this link straight from the IRS:

https://www.irs.gov/help/ita/what-is-my-filing-status

Fill out the questions honestly.  Assuming you are not supporting any dependents and don't intend to file jointly, you will get the message below.  Note how it says "not eligible for any other filing status":

What is my filing status?

Your filing status is married filing separately.

 

You are not eligible for any other filing status.
 

Choosing married filing separately as your filing status may affect the taxability of Social Security benefits. It may also affect your eligibility to claim certain deductions and credits. Married couples who file separately usually pay more tax than those who file jointly.

 

 

[John & Rose 7,239]

41 minutes ago, Vj USerr said:

Yes ,please show me where it is written that its mandatory to file taxes as married. 

The IRS is a federal agency.  So you are asking where it is said that you should not lie to a federal agency?  I have seen at least half a dozen couples be denied AOS because they claim to be married and they file that they aren't.  There may be other reasons but that was one recurring reason.  Lying on a federal form.  Go for it if you want.  Let us know how your interview goes when you turn over your taxes and transcripts.  Before I went through the W7 process with my wife, I met at an IRS TAC.  I was told by the IRS that if I am married I am required to file as married.  It doesn't matter where she is or if it is a joint return or not.  There was also the possibility of filing HOH but that didn't work for me.  So your lawyer says it is OK to lie on a federal form and the agency that takes that federal form says that married is married.  I don't know if that will hit ROC as hard as AOS but what you are saying can possibly be considered fraud.

[Bengoj 133]

Just now, applerose said:

That is what my husband was told but was also suggest to get an ITIN # for me so that he could file "married filing jointly" which is what he did before I came to the US. 

The rule is to file "married filing separately" if you don't want to go the route of getting the spouse an ITIN#. Married people are not single. 

 

I filed married filing jointly. My husband is non resident alien. Wrote non resident alien on 1040, completed form w7 for itin purposes and mailed it along with a certified copy of his passport. If it’s incorrect and theres a problem, I can always amend and file married filing separately after.  My cousin works for IRS and I work for OTR, DC government.  

[John & Rose 7,239]

Just now, Gojo said:

I filed married filing jointly. My husband is non resident alien. Wrote non resident alien on 1040, completed form w7 for itin purposes and mailed it along with a certified copy of his passport. If it’s incorrect and theres a problem, I can always amend and file married filing separately after.  My cousin works for IRS and I work for OTR, DC government.  

That was perfect and exactly like the IRS told me to do it.  I am waiting on the return of the passport now.

[Bengoj 133]

1 minute ago, John & Rose said:

That was perfect and exactly like the IRS told me to do it.  I am waiting on the return of the passport now.

Exactly, we see it all the time and process the returns with the w-7 attached. After processing of the return, you will recieve a form with the non residents assigned itin number. When the alien resident enters the US, they will be assigned a SSN and can then continue to file his  taxes using his new SSN. 

[applerose 94]

4 minutes ago, Gojo said:

I filed married filing jointly. My husband is non resident alien. Wrote non resident alien on 1040, completed form w7 for itin purposes and mailed it along with a certified copy of his passport. If it’s incorrect and theres a problem, I can always amend and file married filing separately after.  My cousin works for IRS and I work for OTR, DC government.  

Yes I had to go to the US embassy in Jamaica to get a copy of my passport notarized an the embassy mailed it off to IRS

[Bengoj 133]

1 minute ago, applerose said:

Yes I had to go to the US embassy in Jamaica to get a copy of my passport notarized an the embassy mailed it off to IRS

Correct 

[nastra30 2,284]

13 minutes ago, Klam said:

It says "generally" because there are other maneuvers you can use such as qualifying for HoH or going through the hassle of making the election to file jointly (something which I am doing this year).  However, barring those exceptions, it is indeed mandatory to filing MFS and not single.

Use this link straight from the IRS:

https://www.irs.gov/help/ita/what-is-my-filing-status

Fill out the questions honestly.  Assuming you are not supporting any dependents and don't intend to file jointly, you will get the message below.  Note how it says "not eligible for any other filing status":

What is my filing status?

Your filing status is married filing separately.

 

You are not eligible for any other filing status.
 

Choosing married filing separately as your filing status may affect the taxability of Social Security benefits. It may also affect your eligibility to claim certain deductions and credits. Married couples who file separately usually pay more tax than those who file jointly.

 

 

Thank you for adding more substantial info. It's always best for people to have the best accurate information available not to screw up on their immigration journey. Yes, sometimes certain errors fall through the cracks but that doesn't mean they are correct. 

[nastra30 2,284]

14 minutes ago, John & Rose said:

The IRS is a federal agency.  So you are asking where it is said that you should not lie to a federal agency?  I have seen at least half a dozen couples be denied AOS because they claim to be married and they file that they aren't.  There may be other reasons but that was one recurring reason.  Lying on a federal form.  Go for it if you want.  Let us know how your interview goes when you turn over your taxes and transcripts.  Before I went through the W7 process with my wife, I met at an IRS TAC.  I was told by the IRS that if I am married I am required to file as married.  It doesn't matter where she is or if it is a joint return or not.  There was also the possibility of filing HOH but that didn't work for me.  So your lawyer says it is OK to lie on a federal form and the agency that takes that federal form says that married is married.  I don't know if that will hit ROC as hard as AOS but what you are saying can possibly be considered fraud.

It beats me when you are try to give people the accurate or correct information but they shoot the messenger. I learn a lot from this site, sometimes I state things that are wrong but I take the correct knowledge and advice provided by others so I can share with/pass along to others too. We are a helping community so the best accurate info helps everyone.

[John & Rose 7,239]

1 minute ago, nastra30 said:

It beats me when you are try to give people the accurate or correct information but they shoot the messenger. I learn a lot from this site, sometimes I state things that are wrong but I take the correct knowledge and advice provided by others so I can share with/pass along to others too. We are a helping community so the best accurate info helps everyone.

We can only hope that the message gets through to other people who may be reading this even if it is not absorbed by the person making the statements.  There is so much bad information out there.  All we can do is our best.  This one is a no brainer.  If a lawyer told him that it is because the lawyer wants to be hired to defend his ROC denial.  

[zaidjunaid 20]

While paying AOS fee it was saying have an active payment This payment cancelled. Wat should i do 

[John & Rose 7,239]

6 minutes ago, zaidjunaid said:

While paying AOS fee it was saying have an active payment This payment cancelled. Wat should i do 

When did you pay it?  Were the bank account numbers correct?  Did you pay the IV fee at the same time?

 

[Our Journey2019 57]

1 hour ago, nastra30 said:

That is not true. You'll have to file as married filing separate.

Oh ok I filed HOH...

[zaidjunaid 20]

Just now, John & Rose said:

When did you pay it?  Were the bank account numbers correct?  Did you pay the IV fee at the same time?

 

Yesterday yes bank account numbers were correct make IV pyment separatly and it went through but AOS payment didnt ..