mrs.salisbury

I have a question. I am married to a U.K. citizen and we live in the states. We're still in the process of getting our application reviewed but I needed to submit my most resent tax documents. I filed head of househould. Was this ok to do???

ian-mstm

Yes.

Ian

mrs.salisbury

Hi Ian,

My husband and I filed the petition for him to stay here back in November. Things went slowly and when we were coming to the point of getting a travel document and work permit (8 months later) we called to check the status and was told by immigration we were within the normal processing time and they had received all of our paperwork and the travel document should be in the mail in a few weeks. Three weeks after this, our immigration attorney phoned to say we had been denied because we were missing a tax document. I paid $585 to file a motion to reconsider and was told the majority of the time they will re-open the case. I also gave them the tax document they asked for, but was not specific on in the beginning (I gave them what I had at the time). My attorney received a receipt stating they did receive our paperwork but he hasn't mentioned a decision or not and said hw is looking into it further. What are the chances of my case being re-opened after paying the fees, and submitting the form they requested? I'm really worried that after they told me they had everything, they would deny me over a missing tax form!!! Please advise. Thank you!!

meauxna

What are the chances that your attorney received the Request For Further Information and didn't answer it (causing the denial)? Did you have this attorney retained from the beginning of your case?

It reads to me like this: They didn't deny you for a missing tax form. They denied you for not replying to their request in time.

Have you moved during your application? Have you ever received mail from USCIS? Are you monitoring your case online at uscis.gov ?

mrs.salisbury

Hi there and thank you for replying. I have received mail from immigration before but I have had an immigration attorney from the beginning. Since immigration had mailed me some paperwork and not my attorney, I sent in the tax papers, medical documents for the physical they had requested. This delayed my case a bit because there was confusion as to who was in charge of the case. Immigration did note this, but said everything was received after all. My attorney phoned and said there was a denial because I failed to give them the proper tax papers and that we had 30 days to file a motion to reconsider. I filed, and paid the fee, I also gave them the correct document. My attorney received a receipt stating they did receive my money order and the document. he hasnt mentioned a decision to me though. He (my attorney) said they most likely will re-open my case but I'm still worried.

Bill_S

Ian thinks yes, but I'm not so sure. Head of Household is a very specific filing status, and you must meet the requirements in order to qualify. Most importantly, you must be unmarried, or "considered unmarried". Check IRS Publication 17 to make sure you are entitled to HOH filing status.

mrs.salisbury

Nonresident alien or dual-status alien. A joint return generally cannot be filed if either spouse is a nonresident alien at any time during the tax year. However, if one spouse was a nonresident alien or dual-status alien who was married to a U.S. citizen or resident alien at the end of the year, the spouses can choose to file a joint return. If you do file a joint return, you and your spouse are both treated as U.S. residents for the entire tax year. See chapter 1 of Publication 519.

Bluegrass Lass

That doesn't answer the 'head of household' question another poster brought up. There are specific criteria to qualify as HOH, and that paragraph doesn't list those criteria, or whether you met those criteria. Personally, I don't know if it matters about filing HOH. I've always read that as long as you filed as "married" or "married filing separately" you should be ok.

mrs.salisbury

Great, I'm pretty much screwed then.

Elvira

I'm confused. You say you had an attorney from the beginning. Did he not prepare the application and assemble the supporting documents? How come this was not spotted at the time, i.e. before submission of the application?

Noorah101

You can always do an amended return and send proof of that, once your case is re-opened. That's what I would work towards, I think.

Rene

Elvira

Wouldn't it be simpler and quicker - and cheaper in the long run - to refile?

Noorah101

Perhaps. Sounds like she has an attorney, she can discuss the options for either reopening her case or refiling with him.

As for the missing tax return, she evidently supplied what she had, but is worried about filing Head of Household. I don't know if that's OK or not, but it not, she can do an amended tax return and include proof of that with her reopening or refiling.

I was just trying to let her know I don't think she's screwed.

Rene

Bluegrass Lass

How so?? I thought filing HOH was a completely separate designation from filing as 'married'? But then, I've never qualified as HOH even when I was single, so I not real sure. Can't you file as HOH and 'married'? Or is it one or the other? Regardless, though, as Noorah suggested, you can always file an amended return if you're that nervous about it.

Elvira

I saw her "pretty much screwed" comment as being in reply to your statement that ***I've always read that as long as you filed as "married" or "married filing separately" you should be ok.***........... so I assumed that she did not file as married.

The whole saga seems a little confused - would be good if Mrs S could provide details of what they actually submitted, and when.