* Visa Denial (Next Steps?) *

[Going through 5,671]

2 hours ago, Travel is life said:

But my wife has never lived or even been to the States before, so she doesn’t pay taxes. The internet tax service I used literally wouldn’t let me file as “married,” so customer service told me to file as single. Thanks for the insights...

Doesn't matter where she lives---if you are legally married, your only options are to file as Married Filing Jointly, or Married Filing Separate. 

The internet tax service customer rep was only concerned at that point about getting you to use their paid service, rather than if you were filing correctly.

 

You can't file online in your situation---You need to submit your taxes via paper mailing.  Others have given you good advice on how to do so.

 

 

[geowrian 22,337]

As others noted, filing as single was not a valid option. Their customer service provided wrong information to push you through their system.

You can amend taxes via a 1040X.

Married Filing Jointly is available if she gets an ITIN. This usually has the smallest tax liability.

Married Filing Separately is available by writing "NRA" in for their SSN (as noted in the 1040 instructions). She does not need to file a return.

 

That said. this is a tax issue, not immigration issue.

[JC&BS 75]

Married filing separate is how you should have filed. Search the IRS site for the W7 form and how to obtain an ITIN. It needs a notarized copy of her passport. Read on what type of notarization is required. I don't think it's a big deal imo. Not sure why so many are pressing that issue.

 

The issue *may* be what was found in the police report. I dont know. Wish you and your wife the best. 

[Ed&Midori1031 330]

2 hours ago, Travel is life said:

But my wife has never lived or even been to the States before, so she doesn’t pay taxes. The internet tax service I used literally wouldn’t let me file as “married,” so customer service told me to file as single. Thanks for the insights...

That customer service rep doesn't have the say to how you should file your taxes.  My wife has never worked in the U.S. at all, and I filed for "married filing joint" because we met the requirements.   I got stuck with the same thing on my internet tax service, because I was going to file separately at first, but at the end of the application I realized I could add the additional info of my wife not working and everything else.  You're married, so you do meet the requirements, whether or not your wife has been in the U.S. or not.  Rhetorical question:  You do financially support her right?

 

https://www.irs.gov/pub/irs-pdf/p501.pdf

 

Read page 6 of the IRS manual.  Hope this helps. 

[Life is Life 1]

1 hour ago, JeanneAdil said:

You can file as married jointly / follow the IRS steps for nonresident alien spouse

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

this requires the W7 form filing by paper as online sites do not have this option

and proof of marriage and the ID of the alien

 

doing this provides proof of commingling of finances

i did this when married in 2010 and the years after till he came in 2015

Ok, thank you very much, I saved the link.

[Life is Life 1]

19 minutes ago, Ed&Midori1031 said:

That customer service rep doesn't have the say to how you should file your taxes.  My wife has never worked in the U.S. at all, and I filed for "married filing joint" because we met the requirements.   I got stuck with the same thing on my internet tax service, because I was going to file separately at first, but at the end of the application I realized I could add the additional info of my wife not working and everything else.  You're married, so you do meet the requirements, whether or not your wife has been in the U.S. or not.  Rhetorical question:  You do financially support her right?

 

https://www.irs.gov/pub/irs-pdf/p501.pdf

 

Read page 6 of the IRS manual.  Hope this helps. 

Thanks for all the insights. I am going to save the link you gave me. To answer your last question, I do help financially support my wife. Will financially supporting my wife affect how I file my taxes? 

[Ed&Midori1031 330]

Just now, Travel is life said:

Thanks for all the insights. I am going to save the link you gave me. To answer your last question, I do help financially support my wife. Will financially supporting my wife affect how I file my taxes? 

Not at all.  There are many single income families out there, including myself.  

[JeanneAdil 6,511]

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

Follow this guide when a spouse does not live or work in the US

 

[Life is Life 1]

29 minutes ago, JC&BS said:

Married filing separate is how you should have filed. Search the IRS site for the W7 form and how to obtain an ITIN. It needs a notarized copy of her passport. Read on what type of notarization is required. I don't think it's a big deal imo. Not sure why so many are pressing that issue.

 

The issue *may* be what was found in the police report. I dont know. Wish you and your wife the best. 

My wife has ‘zero’ criminal record, so I doubt the problem was in the police report. Thanks for the wel-wishes.

[carmel34 3,633]

1 hour ago, Travel is life said:

My wife has ‘zero’ criminal record, so I doubt the problem was in the police report. Thanks for the wel-wishes.

From what you have posted, it sounds like your issue is needing more evidence of a bona fide marriage relationship, especially if you filed US taxes as single when you were married.  Correct this by amending your past returns and 2019 early next year to either married filing separately, or use the W7 to get an ITIN for your wife and file as married jointly.  How many times have you visited her?  How much time have you spent together in person?  If not much then visit more and save all the evidence of those visits to submit once you hear from USCIS in the next few months.  Good luck!

[Life is Life 1]

8 minutes ago, carmel34 said:

From what you have posted, it sounds like your issue is needing more evidence of a bona fide marriage relationship, especially if you filed US taxes as single when you were married.  Correct this by amending your past returns and 2019 early next year to either married filing separately, or use the W7 to get an ITIN for your wife and file as married jointly.  How many times have you visited her?  How much time have you spent together in person?  If not much then visit more and save all the evidence of those visits to submit once you hear from USCIS in the next few months.  Good luck!

Hi, other than filing taxes as single, the marriage is very bona fide and she proved it at the interview... she brought close to 1000 pages in chats we had, screenshots of voice calls, pictures of us at our wedding, pictures of us enjoying ourselves, the marriage certificate of course, pictures of me with our relatives, medical records of me, baby and childhood pictures of me, screenshots of chats she had with my family, etc. Then the consular officer refused her at her interview in March and said she needs to get a joint sponsor and a China Police Clearance. My wife was told that if we can get those documents, then she’ll get the visa. Five months later, we got the 2 documents they wanted and submitted them in late August. One month later, she gets denied, even though they said they’d approve her if she gets these documents! On a separate note, I saw her 6 times in person within the last 2 years and spent 7 weeks there this Summer.

[nastra30 2,287]

8 hours ago, nastra30 said:

It does matter if your wife has been or never been to the US. You are married and have to file as married. Read the IRS tax code very well. 

*Meant it doesn't matter

[Going through 5,671]

4 hours ago, Travel is life said:

medical records of me, baby and childhood pictures of me,

Just to note...the above does not do anything to prove a bonafide marriage.  Those things have nothing to do with your relationship together.

 

 

 

 

 

 

 

[Life is Life 1]

3 hours ago, Going through said:

Just to note...the above does not do anything to prove a bonafide marriage.  Those things have nothing to do with your relationship together.

 

 

 

 

 

 

 

I disagree. If you already have other good proof of a bona fide Marriage, those things make good add-ons...

[LilyJ 1,258]

Just now, Travel is life said:

I disagree. If you already have other good proof of a bona fide Marriage, those things make good add-ons...

Baby and childhood pictures of yourself do not add anything to the case. All it is is your personal childhood pictures. I fail to see how that would add anything to proving the validity of your marriage. Your medical records are also never required in the process nor do they prove any marriage validity either