Help! K-1 wife almost 3 years in USA, haven't filed AOS

[jpr836 2]

I haven't had the means to file until now. 

This last year I finally made JUST enough to be her sponsor (a little over 26k) and we have the money for her documents.

Anything I should know, problems I may have?

 

All Im waiting on now is to file taxes for this year...

I heard I need to file taxes jointly??

I didn't do that the last 2 years, my tax agent didn't think I could since my wife is not a citizen.

How can I file jointly this year?

 

Any help or advice would be MUCH appreciated

[HRQX 4,145]

29 minutes ago, jpr836 said:

How can I file jointly this year?

For her SSN/ITIN put "Applying for ITIN; Application attached" and submit W-7 ITIN application with the taxes: https://www.irs.gov/forms-pubs/about-form-w-7

29 minutes ago, jpr836 said:

I heard I need to file taxes jointly??

You have 2 valid options: "Married Filing Jointly" or "Married Filing Separately"

29 minutes ago, jpr836 said:

I didn't do that the last 2 years, my tax agent didn't think I could since my wife is not a citizen.

With which filing status? Was it one of the 2 options I mentioned above?

Edited January 30, 2020 by HRQX

[geowrian 22,337]

26 minutes ago, jpr836 said:

This last year I finally made JUST enough to be her sponsor (a little over 26k) and we have the money for her documents.

Anything I should know, problems I may have?

That income level meets the minimum for consideration. It may or may not satisfy the IO if she will become a public charge. Being so borderline, especially with the new rule going into effect again, I would not be too optimistic.

[jpr836 2]

@HRQX   THANKS! Didn't know about form W-7.

I may just drive to Austin to the IRS office and apply in person that way we can get her passport back quicker rather than waiting for them to mail it.

Last year we tried "married filing jointly" but the IRS said they refiled it as single. I guess because she didn't have a SSN or Tax ID #

 

@geowrian  Really?!!... Thats terrible news if so.. I really hope not. 

I made prob around $26,450.

I may try to claim my poshmark sales as well, but thats not much.

Maybe only $1000 more

 

Do you think I should try?

The last 4 years before this one, I made maybe half that. 

 

I can get my step dad to be a joint sponsor potentially.. but that will come with a lot of stipulations, I was hoping to avoid that. (He wants us to wait until shes a citizen to have another child, so he's not financially responsible)

[jpr836 2]

I also don't have her on any of my bills (Electric, Water etc) and we don't have a joint bank account. 

Im going to try and make a joint account in a few days. 

 

Im not sure how to do any of that, Im going to try soon.

She is on the lease though, so thats good

[Scandi 4,105]

Is there a reason for why she doesn't have a SSN? 

 

You can't file as single if you're married, you need to fix that. You also need a better tax guy to fix your taxes. I filed taxes as married jointly with my USC husband before I even had a legal status in the US. No greencard, no citizenship.

[jpr836 2]

@Scandi As far as I know, she can't get a SSN until we adjust her status.

Is there a way to get it?

[K1visaHopeful 2,771]

6 minutes ago, jpr836 said:

@Scandi As far as I know, she can't get a SSN until we adjust her status.

Is there a way to get it?

You had to apply for it 14 business days after arrival on the K1.

Other than that, no, she cannot get one until she receives her EAD or GC.

[K1visaHopeful 2,771]

PS it's illegal to file your taxes as single if you're married. 

I agree with the above that you need a waaaaaay better tax guy before you get in trouble with the IRS too.

[designguy 1,179]

51 minutes ago, jpr836 said:

I made prob around $26,450.

Then you didn't make enough. The guideline is $26,662 for a household size of 3, and thats the bare minimum for consideration. You can still be denied as its at the officers discretion. If you are relying on poshmark sales I would say you are in for some trouble. Especially once the new rules kick in,  you could be looking at a denial.

[jpr836 2]

@K1visaHopeful I used a woman from H&R block.

I thought she would know what she was doing. 

Paid over $300. 

 

@Scandi Im guessing you filed form W-7, for a ITIN# to give in order to file jointly on taxes?

If so, do you know how long it took to get your information, (her passport in this case) mailed back from the IRS place?

 

If it takes too long, I may just drive the 10 hours to the office to file in person. That way we don't need to wait for it back.

[jpr836 2]

@designguy What number do you think it should be at?

If I can get it to $28,000 with ebay, poshmark, mercari and other side things, do you think that would be enough?

[designguy 1,179]

Just now, jpr836 said:

@designguy What number do you think it should be at?

If I can get it to $28,000 with ebay, poshmark, mercari and other side things, do you think that would be enough?

No I don't think so. They want to see that you have a good steady income. Selling your things online IMHO does not and should not qualify. 

 

The whole point is that you need to be able to have a substantial enough financial background to support your beneficiary. If the person is likely to become a public charge, which in this case there would be substantial concern, then they will likely deny. Your best bet is to find a better paying job.

 

You also need to keep in mind that your wife is out of status and is at risk of deportation at any time. Only once AOS is filed will she be in a period of authorized stay.

[HRQX 4,145]

1 hour ago, designguy said:

The guideline is $26,662 for a household size of 3, and thats the bare minimum for consideration.

For 2020 it's $27,150: https://aspe.hhs.gov/poverty-guidelines 125% of $21,720

[Lucky2Lucky 2,526]

First thing you should do is amend your past tax returns to married.