Hi everyone. I’m going to try and make this short but any help is appreciated.
I’ve been living in the U.S. with my spouse after an unplanned elopement last July, we filed for my Adjustment of Status concurrently with my I-130 petition, as well as my I-765 EAD, and I-131 AP.
I am Canadian and crossed via land border to visit my wife for the Canada Day & 4th Of July holiday week in 2022. So I was not issued an i94, as well as did not have any valid visa status. But since I am Canadian I did not need a visa to visit.
when we got married and decided I stay, we contacted a lawyer and he said it would be no problem since our wedding wasn’t planned. Fast forward to a year from then, my EAD has been approved and i’m about to start my new job on this coming Monday, but I just got a letter in the mail saying my interview has been scheduled for this Wednesday. When it comes to Bonafide evidence of our marriage, my wife and I have affidavits from our family and friends (we even lived with my father in law for many months while we worked through this process), we just very recently signed a lease and moved into our own apartment in the city so we do have a lease. I am on her health insurance card as a dependent, as well as I am a named insured on our car insurance. We do not have joint bank accounts because we just use an online no-fee bank and they don’t allow joint accounts.
however, we just downloaded my wife’s tax transcript from the most recent filing year (we filed her i864 with the 2021 tax year and she’s since filed for the 2022 year) and we realized that her tax agency filed her as “Single” and not “married filing separately” (as I did not work in the U.S. that year and have filed in Canada for myself.) we did not realize this error until today, which is one week from the date of my interview.
will the other evidence we have as a married couple be enough that the IO won’t question it ? Or will this severely hinder our chances of a successful interview ? She is filing an amendment for 1040-X to change her marital status with the IRS tomorrow, but it takes about 3-5 weeks to receive that confirmation. It was an honest mistake, as she has been using this tax preparer for years and we truly didn’t realize until right this moment.
many advice on next steps? Or if I should or should not be worried??
thanks xx