A little help with i130 application proof of marriage

[Stiliyan 0]

Hello everyone!

 

I just found this forum and I'm very thankful for that!

 

I'm Bulgarian born and last September I got my US citizenship.

My wife and I have been married for about 3 years now and have dated for about 6. Throughout this time, she lived in Bulgaria, and I lived in the US. She's visited me a bunch of times for a couple of months at a time on a tourist visa, and I have traveled home to spend some time together as well. I have the i130 all filled out and ready with all the paperwork needed. However, I have the feeling we're a little shy on proof of marriage, as we haven't really lived together, aside from our visits to each other. We do not own anything in both of our names and our finances are not combined, as she uses Bulgarian banks and I - American. We don't have children either. So that pretty much leaves us with pictures from over the years, maybe screenshots of posts on social media in the past and third-party affidavits.

 

I'd really love to hear some advice from people that have recently gone through this process and any help is greatly appreciated.

Thanks in advance!

 

Best, Stiliyan

 

Edit: I forgot to mention that I'm filing for the case to be resolved in the embassy in Bulgaria. I have also selected that we haven't lived together, as from what I found, living together per USCIS is 6 months+ .

Edited June 28, 2022 by Stiliyan

[mam521 2,062]

Have you been filing your US income tax correctly as married? Does your wife have an ITIN? 

 

You you have long term investments like life insurance policies that name each other as the beneficiary?  Is she the beneficiary of a pension you have in the US?  Do you still have evidence of your trips to visit?  Plane tickets, car rentals, airport parking receipts?  

 

There are a number of ways to prove your union, but you probably don't give much though to it because you've been married for a while.  

 

 

[Stiliyan 0]

1 minute ago, mam521 said:

Have you been filing your US income tax correctly as married? Does your wife have an ITIN? 

 

You you have long term investments like life insurance policies that name each other as the beneficiary?  Is she the beneficiary of a pension you have in the US?  Do you still have evidence of your trips to visit?  Plane tickets, car rentals, airport parking receipts?  

 

There are a number of ways to prove your union, but you probably don't give much though to it because you've been married for a while.  

 

 

Hi! I do have tickets to show from over the years. I have filed my taxes as single. Didn't know better. I hope that doesn't have a negative impact on our case, once filed. We don't have any life insurance as of right now either. Just like a lot of other people, we've been stuck in limbo until now, and seem like it will continue for a while more.

[mam521 2,062]

1 minute ago, Stiliyan said:

Hi! I do have tickets to show from over the years. I have filed my taxes as single. Didn't know better. I hope that doesn't have a negative impact on our case, once filed. We don't have any life insurance as of right now either. Just like a lot of other people, we've been stuck in limbo until now, and seem like it will continue for a while more.

You need to fix those income taxes ASAP.  Married is married in the eyes of the IRS.  You have to present them as part of the IR process and if they aren't filed correctly, that will have a negative impact on your case.  

 

I suggest you get your wife listed as a beneficiary on any pensions and long term investments ASAP as well.  They don't have to be together per se, but just listed as the beneficiary.  Does your job know you as married?  Does her job back in Bulgaria have you as her spouse?  

 

Keep those tickets!  

[Stiliyan 0]

1 minute ago, mam521 said:

You need to fix those income taxes ASAP.  Married is married in the eyes of the IRS.  You have to present them as part of the IR process and if they aren't filed correctly, that will have a negative impact on your case.  

 

I suggest you get your wife listed as a beneficiary on any pensions and long term investments ASAP as well.  They don't have to be together per se, but just listed as the beneficiary.  Does your job know you as married?  Does her job back in Bulgaria have you as her spouse?  

 

Keep those tickets!  

Wow, I guess I gotta fix all that. how do I go about it tho? What do I need to do to fix that?

My wife only has a tourist visa. I have no idea if she has an ITIN.

I'm self employed and my wife works for a Bulgarian company that I suppose doesn't care if she's married. I'm 99% sure it is not mentioned in any official work-related document. I, myself, am currently self employed. 

How do I list her as a beneficiary for any investments? I'll try and find information. But either way, my investments are in US based platforms. How is that going to work, since she only has a tourist visa?

 

Sorry for all these questions, but I thought I had everything pretty much ready... I couldn't have been more wrong it seems.

[mam521 2,062]

You'll have to follow the instructions to amend your filings: 

 

https://www.irs.gov/newsroom/if-you-must-amend-your-return#:~:text=Use Form 1040-X%2C Amended,total income%2C deductions or credits.

 

If you've never filed for an ITIN (it's a tax identification number for individuals who don't qualify for a social security number), then she won't have one.  

 

As for any investments, it's usually in your personal information.  Name, address, beneficiaries in the event the investment needs to be paid out for unfortunate reasons.  List her.  Even if she doesn't live in the US, you'd want that money to go to her, correct?  

 

There are multiple stages to the IR process.  The first is USCIS where you filed the I-130.  You'll then get sent to the NVC where she'll have to provide her information in addition to you proving your financial ability to look after her as a new immigrant.  Once all that is approved, she'll have a medical, interview, undergo the remaining checks in AP and then have her visa issued.  You may want to have a good look at the I-864 and ensure being self employed that you have all of your ducks in a row to not require a co-sponsor.  

[Stiliyan 0]

6 minutes ago, mam521 said:

You'll have to follow the instructions to amend your filings: 

 

https://www.irs.gov/newsroom/if-you-must-amend-your-return#:~:text=Use Form 1040-X%2C Amended,total income%2C deductions or credits.

 

If you've never filed for an ITIN (it's a tax identification number for individuals who don't qualify for a social security number), then she won't have one.  

 

As for any investments, it's usually in your personal information.  Name, address, beneficiaries in the event the investment needs to be paid out for unfortunate reasons.  List her.  Even if she doesn't live in the US, you'd want that money to go to her, correct?  

 

There are multiple stages to the IR process.  The first is USCIS where you filed the I-130.  You'll then get sent to the NVC where she'll have to provide her information in addition to you proving your financial ability to look after her as a new immigrant.  Once all that is approved, she'll have a medical, interview, undergo the remaining checks in AP and then have her visa issued.  You may want to have a good look at the I-864 and ensure being self employed that you have all of your ducks in a row to not require a co-sponsor.  

Ok, so.

I added her as a beneficiary in my Robinhood account. I don't have a lot of money in it but I guess it still counts?

I've contacted my CPA and waiting to hear back from her and get that squared out. I assume I need to file form 1040x for every year since we're married, and it would be easier if we sit and get it done together. haha

I am kinda familiar with the process I guess. I thought I had all my stuff on my side ready, but I'll get the ones I messed up fixed and take it from there.

 

Do I just upload a screenshot from the email that I received from Robinhood in regards to my wife being added as a beneficiary?

 

Thanks a TON for your help, by the way!

 

EDIT: I was just reminded by my wife that she has a SSN from 10+ years ago when she visited the US on a work and travel program from college. So I guess she has a ITIN since she paid taxes on the money she made back then. But I have no idea how to find the actual number. Google to the rescue.

 

Edited June 28, 2022 by Stiliyan

[mam521 2,062]

That's why this forum exists   To help a brother or a sister out!  

 

I'm surprised (but yet not) that the CPA screwed that one up.  At least you asked now!  

 

Doesn't matter that you have a ton of cash in the account.  They just want to see that you have comingling of resources.  When a marriage is legitimate, then you typically prioritize one another in the event of something bad happening, so that starts with beneficiaries.  Screenshot should work.  If you've added her, they may send you a paper notification as many companies do when there is a change like that.  

 

You may want to add her as an authorized user on a credit card account, especially if you have her visiting regularly.  

[mam521 2,062]

Also, when your wife has to fill out the DS-260, she's going to have to list all the addresses she's lived at since she was 16.  She may want to start a spreadsheet now if she's lived a few places because it's a pain to try and figure out of you're trying to fill things out timely and efficiently. 

[JeanneAdil 6,505]

you will file a 1040x to amend taxes (and can do this for the very year and thereafter for married)

u file a W7 to apply for the ITIN (can only be done when filing taxes Or amending them)

what proof  u need is on the IRS site for nonresident alien spouse 

 

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

 

if she has foreign income u can file form 2555 to exclude over $100,000 of her income ($108,700 for 2021)

[Stiliyan 0]

Woow, thanks everyone for your answers! 

 

I'm on it as it seems I have a lot to take care of.

38 minutes ago, JeanneAdil said:

you will file a 1040x to amend taxes (and can do this for the very year and thereafter for married)

u file a W7 to apply for the ITIN (can only be done when filing taxes Or amending them)

what proof  u need is on the IRS site for nonresident alien spouse 

 

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

 

if she has foreign income u can file form 2555 to exclude over $100,000 of her income ($108,700 for 2021)

Do I necessarily need to file the W7 tho? Seems weird. First time I hear of that. My wife might have an ITIN, but I'm in the process of trying to find it using the temporary SSN card she was given over 10 years ago.

She hasn't resided nor she's worked in the US. By that logic everyone that has relatives in the US should pay taxes, regardless of anything.

All this IRS BS is getting on my nerves already. It's absolute ####### that the same government that shakes you like a piggybank to pull your last penny, is the same one that after that makes you wait for years in limbo and be able to move on with your life.

/Rant over.

Thank you for your insights, though!

2 hours ago, mam521 said:

That's why this forum exists   To help a brother or a sister out!  

 

I'm surprised (but yet not) that the CPA screwed that one up.  At least you asked now!  

 

Doesn't matter that you have a ton of cash in the account.  They just want to see that you have comingling of resources.  When a marriage is legitimate, then you typically prioritize one another in the event of something bad happening, so that starts with beneficiaries.  Screenshot should work.  If you've added her, they may send you a paper notification as many companies do when there is a change like that.  

 

You may want to add her as an authorized user on a credit card account, especially if you have her visiting regularly.  

Thanks again! I'll make some screenshots and add them to the collection of pictures and screenshots. *facepalm* 

[Stiliyan 0]

59 minutes ago, JeanneAdil said:

you will file a 1040x to amend taxes (and can do this for the very year and thereafter for married)

u file a W7 to apply for the ITIN (can only be done when filing taxes Or amending them)

what proof  u need is on the IRS site for nonresident alien spouse 

 

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

 

if she has foreign income u can file form 2555 to exclude over $100,000 of her income ($108,700 for 2021)

I dug into the W7 situation, and it doesn't seem to be needed as my wife does not earn any income in the states and because I"ll amend my taxes as "Married filing separately". Am I right in my understanding?

https://www.itin-w7-application.com/faqs/how-do-i-know-if-my-spouse-needs-an-itin

I know it's not the IRS website but it's so overcomplicated there.

Edited June 28, 2022 by Stiliyan

[carmel34 3,626]

2 hours ago, Stiliyan said:

I was just reminded by my wife that she has a SSN from 10+ years ago when she visited the US on a work and travel program from college. So I guess she has a ITIN since she paid taxes on the money she made back then. But I have no idea how to find the actual number.

If she has an SSN then she does not need an ITIN.  You can file the previous years as married filing jointly with her SSN once you find it.  She may have to contact the SSA herself.

2 minutes ago, Stiliyan said:

I dug into the W7 situation, and it doesn't seem to be needed as my wife does not earn any income in the states and because I"ll amend my taxes as "Married filing separately". Am I right in my understanding?

Your choice.  You can file as married separately or jointly.  Most file jointly as it lowers their tax due to the IRS.

[Stiliyan 0]

1 minute ago, carmel34 said:

If she has an SSN then she does not need an ITIN.  You can file the previous years as married filing jointly with her SSN once you find it.  She may have to contact the SSA herself.

Thanks for your answer! 

I do however want to ask: what if I just file as Married filing separately? Then this will not be needed. 

Following logic, I'm filing for myself, paying more than if we filed jointly. She does not live here, does not receive any pay from the US or a company within. I'm just trying to understand, so forgive me if my question is stupid.

[arken 4,197]

If you or your wife found her SSN, amend to married filing jointly and get a good money back from last three years. Your wife doesn't need to earn anything or be living in the US for filing jointly. There is no rush tom amend your taxes. You don't need it for i130. So take time to find the lost/forgotten SSN. In the mean time work on good evidences for i130 and go for it.