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Posted

CR1 case. So, me and my wife got married on April 2018 outside U.S. In 2019 I file tax return but my tax person (shame on him) file as single despite he knows my wife live outside U.S. and should have file married living seperatly or jointly. We already send NVC 2018 tax return obviously me being as single. She would have interview in next few months. My question is, is there would be problem during her consular interview or what should do?

Posted

It's not an issue for immigration, but it is an issue with the IRS that should be fixed.

It will also mean you get a lower stimulus check, although that can be recouped when you file the 2020 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

 

Posted
1 minute ago, geowrian said:

It's not an issue for immigration, but it is an issue with the IRS that should be fixed.

It will also mean you get a lower stimulus check, although that can be recouped when you file the 2020 taxes.

So you think, it wont matter when consular officer will go through tax paper and might think why I file single?

Posted
18 minutes ago, Boring Life said:

CR1 case. So, me and my wife got married on April 2018 outside U.S. In 2019 I file tax return but my tax person (shame on him) file as single despite he knows my wife live outside U.S. and should have file married living seperatly or jointly. We already send NVC 2018 tax return obviously me being as single. She would have interview in next few months. My question is, is there would be problem during her consular interview or what should do?

I read somewhere filing seperatly or jointly is plus point in further proving bona fide marriage

Posted

I have not seen it ever come up as an issue.

 

Filing jointly versus separately is a personal tax decision, not one of a bona fide marriage.

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

 

Posted
3 minutes ago, geowrian said:

I have not seen it ever come up as an issue.

 

Filing jointly versus separately is a personal tax decision, not one of a bona fide marriage.

Thanks, So do you think I should do ammedment 1040x for 2018( i think it will take months if i do and would mismatch with 2018 tax return i uploaded on CEAC when they will match documents) so instead doing for 2018 as you said i should do for 2020 tax return. You agree on this.

 

Thanks

Posted

If it were me, I'd get it amended as that's the way it should be done....plus a smaller tax liability if we file jointly.

As for when to correct it, I'd have to consider it. It may be better to just wait until they have an SSN and amend the return at that time. But that's with my circumstances, which may not match yours.

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

 

Posted
4 minutes ago, geowrian said:

If it were me, I'd get it amended as that's the way it should be done....plus a smaller tax liability if we file jointly.

As for when to correct it, I'd have to consider it. It may be better to just wait until they have an SSN and amend the return at that time. But that's with my circumstances, which may not match yours.

Thank you. I was just more worry fo immigration purpose during her interview not the tax benefits. But, as you said it wont be issue.

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Filed: Other Country: China
Timeline
Posted
2 hours ago, Boring Life said:

I read somewhere filing seperatly or jointly is plus point in further proving bona fide marriage

Makes sense, of course, but in reality this is a non-issue for US immigration.  Amend your tax return when ready.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Other Country: Saudi Arabia
Timeline
Posted
2 hours ago, Boring Life said:

CR1 case. So, me and my wife got married on April 2018 outside U.S. In 2019 I file tax return but my tax person (shame on him) file as single despite he knows my wife live outside U.S. and should have file married living seperatly or jointly. We already send NVC 2018 tax return obviously me being as single. She would have interview in next few months. My question is, is there would be problem during her consular interview or what should do?

Shame on you LOL.  You signed that return.


File an amended return, upload the original return you filed AND the amended return with all the income information and attachments and be done with it.  
 

It takes a few minutes to make the changes to the status and have the software recalculate it.

Posted
36 minutes ago, pushbrk said:

Makes sense, of course, but in reality this is a non-issue for US immigration.  Amend your tax return when ready.

Thanks, So do you think I should do amendment 1040x for 2018( i think it will take months if i do and would mismatch with 2018 tax return i uploaded on CEAC when they will match documents) so instead doing for 2018, i should do for 2020 tax return. You agree on this.?

Filed: Other Country: China
Timeline
Posted
11 minutes ago, Boring Life said:

Thanks, So do you think I should do amendment 1040x for 2018( i think it will take months if i do and would mismatch with 2018 tax return i uploaded on CEAC when they will match documents) so instead doing for 2018, i should do for 2020 tax return. You agree on this.?

It is not an issue for immigration.  Yes, amend the return, but for the IRS, not NVC or the Consulate.  It IS...A....NON ISSUE for IMMIGRATION.  Really!  Yes, I'm sure!

 

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted
12 hours ago, Boring Life said:

CR1 case. So, me and my wife got married on April 2018 outside U.S. In 2019 I file tax return but my tax person (shame on him) file as single despite he knows my wife live outside U.S. and should have file married living seperatly or jointly. We already send NVC 2018 tax return obviously me being as single. She would have interview in next few months. My question is, is there would be problem during her consular interview or what should do?

does your spouse has SS or tax id?

if not then i do not think you can file marring joint or separate because it would ask your spouse's SS or tax id. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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