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CMiranda

Petition for my spouse and child

By CMiranda in Bringing Family Members of US Citizens to America

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geowrian
geowrian

"Born and raise in the Philippines and just recently came to live in the US in 2017." ^ I'm assuming they don't meet the physical presence requirement to pass along citizenship to the child.

Just Paul
Just Paul

No.  You are required to File a I-864 as you are the primary sponsor for your husband and child.   Your taxes should have been filed as married filing separately.   Time spent face

geowrian
geowrian

Having an SSN or ITIN is not a requirement to file as Married Filing Separately. The lack of an SSN or ITIN is not a basis to file as Single. The 1040 instructions define the criteria for selecti

IslandQueen Explorer

IslandQueen   45

Posted
Filed: Citizen (apr) Timeline
Posted
51 minutes ago, CMiranda said:

They consider me single in filing my taxes because they don't have SSN, ITIN and never lived in the US

When my husband filed his taxes after we got married, his tax accountant told him he MUST file as married. You are not single (per your statements) therefore you must file as married. If I were you, I would fix it. 

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
5 hours ago, CMiranda said:

Is it really? because I went to 2 different tax companies and said the same thing. I will have to file single for tax purposes only because my husband does not have an SSN and ITIN. 

5 hours ago, CMiranda said:

They consider me single in filing my taxes because they don't have SSN, ITIN and never lived in the US

Having an SSN or ITIN is not a requirement to file as Married Filing Separately. The lack of an SSN or ITIN is not a basis to file as Single.

The 1040 instructions define the criteria for selecting an eligible filing status. You were advised incorrectly.

 

That said...

1) That's a paperwork issue with the IRS, not an immigration one.

2) You have plenty of time to amend taxes before the I-864 comes into play.

 

If you paid those companies, ask for a refund. ;)

 

3 hours ago, neilsqueen said:

You simply write none in the space for your spouses number.

No clue if "None" is accepted or not, but the 1040 instructions say to use "NRA" (Non Resident Alien).

Edited by geowrian

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

 

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
3 minutes ago, JasonGG said:

Just to clarify, are you only petitioning your husband?  If you were born a US citizen (abroad) your child should also be a US citizen. - Jason

"Born and raise in the Philippines and just recently came to live in the US in 2017."

^ I'm assuming they don't meet the physical presence requirement to pass along citizenship to the child.

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

 

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
22 minutes ago, JasonGG said:

Just to clarify, are you only petitioning your husband?  If you were born a US citizen (abroad) your child should also be a US citizen. - Jason

Not necessarily 

YMMV

patrick33 Contributor

patrick33   19

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

This has probably already been answered, but I work in finance and accounting and am familiar with this process. You should file as married filing separately. You may need to mail in your return, and write Non-Resident Alien or NRA as your spouses SSN. If you filed as single you may want to consider amending your returns before filing for any immigration benefit for your spouse.

Just Paul Veteran

Just Paul   4,595

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)
6 hours ago, rareshine said:

question - I also made this mistake of filing single- is there a way to refile as married filing separately? 

File a 1040-x.   You might as well get his passport and power of attorney so you can get an ITN and file Married Filing Jointly.

He could also take hos passport to an acceptance agent

https://www.irs.gov/individuals/international-taxpayers/acceptance-agents-philippines

Edited by Paul & Mary

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
4 minutes ago, Paul & Mary said:

File a 1040-x.   You might as well get his passport and power of attorney so you can get an ITN and file Married Filing Jointly.

He could also take hos passport to an acceptance agent

https://www.irs.gov/individuals/international-taxpayers/acceptance-agents-philippines

Changing from single to MFS is a technical correction only as MFS uses single tax rates.   Should be no change in tax liability.   The bigger benefit is potentially realized if changing to MFJ

YMMV

rareshine Rookie

rareshine   2

Posted
Timeline
Posted
7 minutes ago, Paul & Mary said:

File a 1040-x.   You might as well get his passport and power of attorney so you can get an ITN and file Married Filing Jointly.

He could also take hos passport to an acceptance agent

https://www.irs.gov/individuals/international-taxpayers/acceptance-agents-philippines

He isn’t a Filipino - he’s Bosnian - they will give him an ITN even though we’re just going through the IR1? 

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
1 minute ago, rareshine said:

He isn’t a Filipino - he’s Bosnian - they will give him an ITN even though we’re just going through the IR1? 

If the individual needs a tax identification number then they are eligible regardless of citizenship 

YMMV

 
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