A little help with i130 application proof of marriage

[BLC 112]

5 hours ago, Stiliyan said:

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.

Sounds like you need to do some research on your end to make these changes. Easy to do, check with HR about making changes to benefits, look at IRS website, etc 

[RO_AH 1,659]

9 hours ago, Stiliyan said:

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.

Pretty much everyone that files for a spousal visa has not lived together. That is the whole point of the visa, being able to live together in America.

 

9 hours ago, Stiliyan said:

We do not own anything in both of our names and our finances are not combined, as she uses Bulgarian banks and I - American.

I was worried about this too, but I could not be added to her foreign account and she could not be added to mine. We really had nothing in the area of combining finances, other than me having her on my taxes as married filing jointly. It was not a problem

[RO_AH 1,659]

8 hours ago, Stiliyan said:

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.

You cannot have an ITN AND SSN, you can only have one or the other. If she has an SSN that's even better. Makes it much easier to amend your taxes.

[RO_AH 1,659]

5 hours ago, Stiliyan said:

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.

I may be wrong but I don't think that they have "temporary" SSN's. If she has a SS card I would think it is still valid. If that is the case Do not send in your taxes (to amend) with a w-7. I agree with the previous poster that your tax preparer did you no favors here. I do my own taxes so I did all of the research myself.

 

5 hours ago, Stiliyan said:

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?

I am sure it will most likely to file jointly.

 

6 hours ago, Stiliyan said:

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

Not relative...Spouse

5 hours ago, Stiliyan said:

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

Where the heck do you come up with that logic? Here's the deal...I filed jointly with my wife when she was not in America yet. Take my income with 2 dependents (her and I) and the amount I (we) owe goes down drastically. I hope that makes sense.

[mam521 2,062]

1 hour ago, RO_AH said:

I may be wrong but I don't think that they have "temporary" SSN's. If she has a SS card I would think it is still valid. If that is the case Do not send in your taxes (to amend) with a w-7. I agree with the previous poster that your tax preparer did you no favors here. 

Correct. No temporary SSN’s. That SSN will still be useable and the ITIN unnecessary. 
 

The caveat on the original SSN card would have been it’s validity with proper work or school authorization only. Regardless, she’s not in the US working or attending school and once she has her IR-1, she’s allowed to work. 

[SalishSea 17,829]

12 hours ago, Stiliyan said:

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.

How did you get your US citizenship?  Have you actually lived in the US?

[Alex&Nayden 91]

19 hours ago, Stiliyan said:

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+ .

Hey! Bulgarian here too! Except we are both living in Bulgaria while we do the process. 

 

Question for you - did the embassy agree to take your case or do you have to file with USCIS? 

 

As far as your tax issue - you could be in a bit of trouble honestly. It doesn't matter where your spouse lives. If you are American and married you HAVE TO file taxes as married. I would connect with a tax accountant ASAP to fix it.

Edited June 29, 2022 by Alex&Nayden

[mam521 2,062]

14 hours ago, BLC said:

Sounds like you need to do some research on your end to make these changes. Easy to do, check with HR about making changes to benefits, look at IRS website, etc 

OP is self employed and is his own HR.  

[beloved_dingo 1,976]

2 hours ago, Alex&Nayden said:

Hey! Bulgarian here too! Except we are both living in Bulgaria while we do the process. 

 

Question for you - did the embassy agree to take your case or do you have to file with USCIS? 

 

As far as your tax issue - you could be in a bit of trouble honestly. It doesn't matter where your spouse lives. If you are American and married you HAVE TO file taxes as married. I would connect with a tax accountant ASAP to fix it.

His tax burden will be less filing married, so the IRS will likely owe him money once he amends. He's fixing the problem and it will be a non-issue. 

[Alex&Nayden 91]

10 minutes ago, beloved_dingo said:

His tax burden will be less filing married, so the IRS will likely owe him money once he amends. He's fixing the problem and it will be a non-issue. 

Yes probably. I am not saying he will owe money. But he is essentially "lying" to the IRS and that's a no-no. He just needs to fix is sooner rather than later. 

[JeanneAdil 6,505]

18 hours 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?

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.

if she was given a SS # it is valid for life and u don't need ITIN

 

our SS #'s never change,   use that to add her to tax returns ,  bank account (with a POA from her to allow this)

lots of proof there

 

u can do MFS or MFJ  (your choice)  i personally like MFJ and the $24,800 decdution over the $12,400

Edited June 29, 2022 by JeanneAdil

[arken 4,197]

33 minutes ago, Alex&Nayden said:

Yes probably. I am not saying he will owe money. But he is essentially "lying" to the IRS and that's a no-no. He just needs to fix is sooner rather than later. 

All mistakes are not lying that's why there are amended returns. For immigration purpose, there is no rush to amend. For irs purpose, he has three years to amend. No big deal.

[Stiliyan 0]

18 hours ago, arken said:

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.

Hi there! Thanks for your answer!

We found her SSN card yesterday. Now I just have to amend my taxes and I'll be good. Is there anything I need to know about filing jointly? Any additional information or advice?

[Stiliyan 0]

14 hours ago, RO_AH said:

Pretty much everyone that files for a spousal visa has not lived together. That is the whole point of the visa, being able to live together in America.

 

I was worried about this too, but I could not be added to her foreign account and she could not be added to mine. We really had nothing in the area of combining finances, other than me having her on my taxes as married filing jointly. It was not a problem

Hello! Thanks for answering! Honestly, it's a little bit of relief to hear that other people have had fewer evidences as well. What did you end up providing as evidence? Photos and friend affidavits? Thanks!

[Stiliyan 0]

12 hours ago, mam521 said:

Correct. No temporary SSN’s. That SSN will still be useable and the ITIN unnecessary. 
 

The caveat on the original SSN card would have been it’s validity with proper work or school authorization only. Regardless, she’s not in the US working or attending school and once she has her IR-1, she’s allowed to work. 

Yes, I double checked her card. I've attached a photo of the top portion of it below. I was pretty sure, that once she has a SSN attached to her name, it sticks forever, but that's what I meant by temporary SSN. Wrong wording haha.

 

10 hours ago, Jorgedig said:

How did you get your US citizenship?  Have you actually lived in the US?

I got my GC through the lottery 7 years ago and naturalized last year in September. I have lived full-time in the US ever since I entered in 2016. I've only visited Bulgaria for a few weeks at a time.

 

 

5 hours ago, Alex&Nayden said:

Hey! Bulgarian here too! Except we are both living in Bulgaria while we do the process. 

 

Question for you - did the embassy agree to take your case or do you have to file with USCIS? 

 

As far as your tax issue - you could be in a bit of trouble honestly. It doesn't matter where your spouse lives. If you are American and married you HAVE TO file taxes as married. I would connect with a tax accountant ASAP to fix it.

Здрасти! (Hello! in Bulgarian)

To answer your questions, I'm filing online right now on the USCIS website and have selected to have the case be dealt with by the embassy, as it works better for my wife's job as it stands. I know it's lengthy, but I guess I'm going to be visiting her more often, and that means more vacay. (Yay!) 

On the tax question - I doubt it's a big deal. My only worry is how long will it take for the amendment to take place. That's why I'm going to get that done asap, as I don't want to have that be an issue once our case starts moving.

 

2 hours ago, Alex&Nayden said:

Yes probably. I am not saying he will owe money. But he is essentially "lying" to the IRS and that's a no-no. He just needs to fix is sooner rather than later. 

The way I look at it is that there's a difference between not knowing and lying. I payed Uncle Sam more than what I would have had I filed as Married instead of single.

 

2 hours ago, JeanneAdil said:

if she was given a SS # it is valid for life and u don't need ITIN

 

our SS #'s never change,   use that to add her to tax returns ,  bank account (with a POA from her to allow this)

lots of proof there

 

u can do MFS or MFJ  (your choice)  i personally like MFJ and the $24,800 decdution over the $12,400

I don't feel like it's a good idea to add her to my bank accounts. I assume POA is proof of address and she doesn't have anything like that. I'm definitely adding her to my taxes, but good of an idea is it for me to try and add her to my bank accounts, as she has not/does not reside in the US and has no proof of address?

 

2 hours ago, arken said:

All mistakes are not lying that's why there are amended returns. For immigration purpose, there is no rush to amend. For irs purpose, he has three years to amend. No big deal.

I have exactly 3 years of taxes to amend, so lucky me I guess. Haha

 

Lastly, to finish this long post, do I need anything from her to file as MFJ since it's more beneficial to the situation? I mean any work or income related paperwork? Or do I just file 1040X for the last 3 years and just adjust the status from Single to MFJ?

 

Thanks, everyone! Beer is on me if I ever meet you guys!