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  • GC application for Spouse, Tax, and Timeline request

    I (US Citizen) am having some questions before filing for GC application for my spouse.

    1. We are in relationship since 5 years. During that time , we have visited each other several times. My wife came on Visiting Visa couple years ago and this year she came back on F1 visa, so she is in US since a year. Finally we got married recently. Will that be any issue with Immigrant Officer as we knew each other since so long and were in relationship before she came to US? (also, Our family were not be able to attend our Wedding in US as they don't have US visa yet. Will that be an issue?)

    2. Now that the Tax filling time is about to come. which option I should choose to file taxes?. I mean should I choose Married Filling jointly or Married filing separately? I having this question because my wife wont be having a SSN as her AOS application will be on pending status. which option I should choose in that case?

    3. I am filing through Newark office, can someone share their timeline who recently filed from Newark office?

    I will really appreciate you time and response.

    Thank You..!

  • #2
    Originally posted by tomjerry111 View Post
    I (US Citizen) am having some questions before filing for GC application for my spouse.

    1. We are in relationship since 5 years. During that time , we have visited each other several times. My wife came on Visiting Visa couple years ago and this year she came back on F1 visa, so she is in US since a year. Finally we got married recently. Will that be any issue with Immigrant Officer as we knew each other since so long and were in relationship before she came to US? (also, Our family were not be able to attend our Wedding in US as they don't have US visa yet. Will that be an issue?)
    Not a problem

    Originally posted by tomjerry111 View Post
    2. Now that the Tax filling time is about to come. which option I should choose to file taxes?. I mean should I choose Married Filling jointly or Married filing separately? I having this question because my wife wont be having a SSN as her AOS application will be on pending status. which option I should choose in that case?
    It's your choice. Both are okay; you just can't file as Single since you are married. If you file as Married Filing Jointly, she will apply for an ITIN with form W-7 together with the tax filing. If you file as Married Filing Separately, you would put "NRA" in the place that asks for her SSN, and she doesn't need to apply for an ITIN. Note that applying for an ITIN might be kind of a pain, as it requires her to either send the original copy of her passport or line up in one of a few select IRS offices in the whole country where they can certify it there. Another option is to file as Married Filing Separately at first and then amend it to Married Filing Jointly when she later gets an SSN.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by tomjerry111 View Post
      I (US Citizen) am having some questions before filing for GC application for my spouse.

      1. We are in relationship since 5 years. During that time , we have visited each other several times. My wife came on Visiting Visa couple years ago and this year she came back on F1 visa, so she is in US since a year. Finally we got married recently. Will that be any issue with Immigrant Officer as we knew each other since so long and were in relationship before she came to US? (also, Our family were not be able to attend our Wedding in US as they don't have US visa yet. Will that be an issue?)

      2. Now that the Tax filling time is about to come. which option I should choose to file taxes?. I mean should I choose Married Filling jointly or Married filing separately? I having this question because my wife wont be having a SSN as her AOS application will be on pending status. which option I should choose in that case?

      3. I am filing through Newark office, can someone share their timeline who recently filed from Newark office?

      I will really appreciate you time and response.

      Thank You..!
      Hey!
      To answer some of your questions:
      1: No thats not going to be a problem at all. They just look to see if your relationship/marriage is real ad not for GC purposes.
      with our marriage ( me foreigner, wife US Citizen) we didnt have a big ceremony etc because we didnt have the money and alll that doesnt matter as long if the marriage is
      real.

      2: Your wife should apply for an ITIN number from the IRS. That way, when you file your taxes jointly, instead of her SSN which she doesnt have, you will fill in her ITIN
      number. I would advice you to file jointly, that again is 1 more evidence/proof that your marriage is real. Go on IRS website and youll find how to apply for ITIN number for
      your spouse.

      3: No idea lol

      Hope it helps!

      Comment


      • #4
        Originally posted by newacct View Post
        Not a problem


        It's your choice. Both are okay; you just can't file as Single since you are married. If you file as Married Filing Jointly, she will apply for an ITIN with form W-7 together with the tax filing. If you file as Married Filing Separately, you would put "NRA" in the place that asks for her SSN, and she doesn't need to apply for an ITIN. Note that applying for an ITIN might be kind of a pain, as it requires her to either send the original copy of her passport or line up in one of a few select IRS offices in the whole country where they can certify it there. Another option is to file as Married Filing Separately at first and then amend it to Married Filing Jointly when she later gets an SSN.
        I didnt find it a pain at all.
        I send my original passport, tracked it exactly where it was, and they send it back without any issue what so ever
        easiest thing ever

        Comment


        • #5
          Originally posted by ewilliams View Post
          Hey!
          To answer some of your questions:
          1: No thats not going to be a problem at all. They just look to see if your relationship/marriage is real ad not for GC purposes.
          with our marriage ( me foreigner, wife US Citizen) we didnt have a big ceremony etc because we didnt have the money and alll that doesnt matter as long if the marriage is
          real.

          2: Your wife should apply for an ITIN number from the IRS. That way, when you file your taxes jointly, instead of her SSN which she doesnt have, you will fill in her ITIN
          number. I would advice you to file jointly, that again is 1 more evidence/proof that your marriage is real. Go on IRS website and youll find how to apply for ITIN number for
          your spouse.

          3: No idea lol

          Hope it helps!

          I really appreciate your response and Your guidance is so helpful. Thank You

          - - - Updated - - -

          Originally posted by newacct View Post
          Not a problem


          It's your choice. Both are okay; you just can't file as Single since you are married. If you file as Married Filing Jointly, she will apply for an ITIN with form W-7 together with the tax filing. If you file as Married Filing Separately, you would put "NRA" in the place that asks for her SSN, and she doesn't need to apply for an ITIN. Note that applying for an ITIN might be kind of a pain, as it requires her to either send the original copy of her passport or line up in one of a few select IRS offices in the whole country where they can certify it there. Another option is to file as Married Filing Separately at first and then amend it to Married Filing Jointly when she later gets an SSN.
          Thank You, that's a good idea.

          Comment


          • #6
            Originally posted by tomjerry111 View Post
            I (US Citizen) am having some questions before filing for GC application for my spouse.

            1. We are in relationship since 5 years. During that time , we have visited each other several times. My wife came on Visiting Visa couple years ago and this year she came back on F1 visa, so she is in US since a year. Finally we got married recently. Will that be any issue with Immigrant Officer as we knew each other since so long and were in relationship before she came to US? (also, Our family were not be able to attend our Wedding in US as they don't have US visa yet. Will that be an issue?)

            2. Now that the Tax filling time is about to come. which option I should choose to file taxes?. I mean should I choose Married Filling jointly or Married filing separately? I having this question because my wife wont be having a SSN as her AOS application will be on pending status. which option I should choose in that case?

            3. I am filing through Newark office, can someone share their timeline who recently filed from Newark office?

            I will really appreciate you time and response.

            Thank You..!
            I see knowing your wife for so long as a plus. You should be able to present solid evidence of a true marriage. It does not matter whether you had a huge wedding or whether you two just ran to city hall without rings and found two random witnesses that worked for the judge and got married. (That's exactly what we did).
            It's unfortunate that family members were unable to attend. However, you should be able to show that people in your/her family have knowledge of your marriage. Cards, text messages should serve as good evidence to show that.

            Best of luck!

            Comment

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