Noorah101

If a person is married for any part of a year, they file that year as "married". If she got married in late 2011, then 2011 tax return should have been filed "marred". She should do an amended return.

Rene

Lammy123

I agree, but is it really likely that the whole visa application will be denied just because of this? I have read around and have not seen anyone report that this has happened. People say they have heard of it happening, but I can't see anyone who this has actually happened to.

At what stage would they deny the visa on this basis? When the AOS is received at NVC? The interview stage? And on what basis, non-genuine marriage? Wouldn't they take everything else into consideration and see that it WAS a genuine marriage?

ian-mstm

If she was married at any point in the year, she needs to file as "married".


Not "technically"... actually!


Best thing, really!


A year or so ago, I publically offered to pay out of my own pocket to help someone - but I won't pay to help you... and I'll tell you why.

1) You're dangerous. You offer advice to people as a definitive course of action when that action is clearly illegal.

2) You're arrogant - moreso than even me! You believe that US rules and regulations don't apply to you because your wife is pregnant - and somehow the US government should care about it. It's an emergency. It's a desperate situation. Well, the truth is - it's neither an emergency nor desperate. It was totally under your control and you blew it.

3) You're a help vampire. You want people to spoonfeed you because you can't be arsed to read/digest the information in the forms and instructions that you need to complete. The people who are helping you have been involved with US immigration for a long time - they've been through the process, and most of them managed to do it on their own. Why? Because they read... and when they didn't understand they read some more and did research... and when they still didn't understand they asked questions. You, however... when you don't understand what you read... you just skip the research and want the answers. You're not going to learn anything that way.

Y'know what? People aren't going to stop helping you... because this is a caring community. We want people to succeed... but we also want people to learn so that in the future, they can contribute and give back to the community. You can't give back if you don't learn why things happen the way they do.

Ian

Noorah101

Doubtful the visa would be denied based just on that. If anything, the ConOff would delay visa approval until you submit proof that an amended return was filed. But it's a very easy thing to do now, and could even result in a tax refund, so why risk it? Better to just get it done and check it of the list of things to worry about.

Rene

Lammy123

Again - please don't reply my threads. Many thanks.

ian-mstm

Denied? No. Delayed? Possibly. The US government is seeking verification of your status as a genuine married couple. If she presents herself as "single" to another federal agency, it might make US immigration think twice about what's actually happening. The amended return should solve that issue.

Ian

Noorah101

Lammy

Please put Ian on "ignore" if you don't want to see his posts.

Thank you,
Rene
Moderator

Lammy123

Noorah -

If she files a tax return as "married", I understand that would mean I would need a social sec number or ITNI. Apparently this process is quite time consuming.

I guess that I am trying to figure out what is the quickest way to do this, because we have limited funds and there is only so long that we can carry on living in separate countries before we run out of money. Also, the baby is due in July, so I really need to be reunited with my wife as a matter of urgency.

What delay might it cause if she submits a tax return that says single? They would query it with us? Bear in mind that this would be done by way of joint sponsor anyway, so they will likely be more interested in the joint sponsor's finances, not hers?

If they did query it, we could explain that she filed it single for whatever reason, but maybe we could just include that explanation on the cover letter when we send it in?

I note that on a tax form W7 it says to put your filing status as single where your spouse is an alien... could mention that as the reason she filed single? Also that the money she earned that was taxed, was earned when she was single. I know that this is a mistake and she should've filed as married, but would it be enough to just explain the mistake?

Lammy123

Noorah - thanks will put him on ignore.

Noorah101

It is not time consuming. And if that's what needs to be done, then so be it. She only has to prove she filed an amended return, she doesn't need to show it's been processed by IRS yet.

The quickest and safest way to do this is to have her file an amended return ASAP.

The delay could come at your visa interview because the ConOff could notice that she filed a tax return as "single" when in fact she was married. The ConOff could think "why would she do that? What could she be hiding or trying to get around?" It might make the ConOff put your visa approval on hold while she investigates...or asks you to provide a correct return, which could delay your visa issuance. Will any of this happen? Who knows. But the solution is easy...file an amended return so that all your paperwork is correct when you go to the interview...then there's nothing to worry about.

They could, yes.

Yes, they will be more interested in the Joint Sponsor's income. However, they will still look at your wife's tax return(s).

You could, but that doesn't make the tax return correct. It could still delay your visa issuance. If you're prepared for that, then you can certainly try.

Who knows? It will be up to the ConOff. All we can tell you here is that she should have filed in the "married" category with IRS. It's up to you to correct it or not, or deal with the consequences if you don't. If it were me, I'd go ahead and fix it now, and bring proof that it was fixed, and avoid any chance of a visa approval delay.

Rene

Noorah101

I know a few USC's who filed tax returns in the "married" category while their foreign spouse was still living overseas. So apparantly it can be done, and apparantly it's not too difficult, if others were able to do it.

Rene

Lammy123

OK - thank you very much for this.

Marocco

Nope. If you want some extra cash, get a second job. That's the American way.

jeffreyhy

Point of clarification - if she was married at the end of the tax year for which the return applies. Not if she was married when she signed the tax return. (Lot's of people who are married at the end of the tax year are divorced when they submit the tax return the following year.) No. Filing status is based on marital status as of the last day of the tax year, December 31 for most people. So if a person was married for the part of the year, but was divorced at the end of the year, they would not file as 'Married'. I doubt it. The DoS and its consular officers are not auditors for the IRS, and neither the DoS nor the IRS care about mistakes that result in a taxpayer overpaying their taxes. I think the consular officer will merely doublecheck the date of the marriage, have a chuckle about the mistake, and maybe point it out and suggest an amended return as people in this thread have. Regards, JEff

jeffreyhy

Nothing "technical" about it - she should have checked 'married'. And in many cases, filing 'married-joint' would have saved a bundle of money - it did me. So have her investigate that for the amended filing. No, it will not be denied because of this. At most there might be a bit of unnecessary hassle. Regards, JEff