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How does one file taxes with an out of status spouse?

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  • #31
    You quoted and used as an example citing the source as proving your point, when in fact that section was specific to one specific case (Widowers). That was the sole place in that entire document that supported your argument and as such is incorrect. Looking at the source you provided does not substantiate your argument.



    Originally posted by UScitizenFilingforspouse View Post
    Yes, there are several examples of what USCIS considers as evidence of bona fide marriage. Whether dead or alive, that does not change what USCIS considers as such evidence; as stated by that document.

    Here's another example - straight from the I-130 instructions on the USCIS website.

    NOTE: In addition to the required documentation listed above, you should submit one or more of the
    following types of documentation that may prove you have a bona fide marriage:

    (1) Documentation showing joint ownership of property;
    (2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
    (3) Documentation showing that you and your spouse have combined your financial resources;
    (4) Birth certificates of children born to you and your spouse together;
    (5) Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital
    relationship. Each affidavit must contain the full name and address of the person making the affidavit; date
    and place of birth of the person making the affidavit; and complete information and details explaining how the
    person acquired his or her knowledge of your marriage; or
    (6) Any other relevant documentation to establish that there is an ongoing marital union.

    NOTE: You must submit clear and convincing evidence that you and your spouse entered into the
    marriage in good faith and not for immigration purposes if you married your spouse while your spouse
    was the subject of an exclusion, deportation, removal, or rescission proceeding (including during the
    judicial review of any one of these proceedings); or you are a lawful permanent resident that obtained
    your permanent residence through a prior marriage that was not determined by the death of your
    spouse and you are filing your petition for your spouse that you were married within five years of
    obtaining your permanent residence.

    - - - Updated - - -



    Yes, there are several examples of what USCIS considers as evidence of bona fide marriage on the USCIS website. I selected that one at random. Whether dead or alive, that does not change what USCIS considers as such evidence; as stated by that document.

    Here's another example - straight from the I-130 instructions on the USCIS website.

    NOTE: In addition to the required documentation listed above, you should submit one or more of the
    following types of documentation that may prove you have a bona fide marriage:

    (1) Documentation showing joint ownership of property;
    (2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;

    **** (3) Documentation showing that you and your spouse have combined your financial resources;***

    (4) Birth certificates of children born to you and your spouse together;
    (5) Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital
    relationship. Each affidavit must contain the full name and address of the person making the affidavit; date
    and place of birth of the person making the affidavit; and complete information and details explaining how the
    person acquired his or her knowledge of your marriage; or
    (6) Any other relevant documentation to establish that there is an ongoing marital union.

    NOTE: You must submit clear and convincing evidence that you and your spouse entered into the
    marriage in good faith and not for immigration purposes if you married your spouse while your spouse
    was the subject of an exclusion, deportation, removal, or rescission proceeding (including during the
    judicial review of any one of these proceedings); or you are a lawful permanent resident that obtained
    your permanent residence through a prior marriage that was not determined by the death of your
    spouse and you are filing your petition for your spouse that you were married within five years of
    obtaining your permanent residence.

    Comment


    • #32
      Originally posted by S_R_E View Post
      You quoted and used as an example citing the source as proving your point, when in fact that section was specific to one specific case (Widowers). That was the sole place in that entire document that supported your argument and as such is incorrect. Looking at the source you provided does not substantiate your argument.
      The definition of bona fide marriage does not change whether the petitioner is dead or alive. The document even tells you that adjudication of such cases is no different than adjudication of a I-130 petition as you cited. You’re contradicting yourself.

      Besides, I gave you what the I-130 instructions state. It states there clearly that financial commingling is one of the criteria.

      This isn’t new. I went through this process with my former spouse 20 years ago and USCIS had the same list.

      There seems to be some popularity contest or some sort of seniority here in this forum that I’m not sure I understand. Anyone and everyone should feel free to express their opinion. All of a sudden I have the “upper class men” stopping by and finding ways to devalidate a fact that is listed on the I-130 instructions?

      Comment


      • #33
        How does one file taxes with an out of status spouse?

        Not every couple have joint finances. I have friends who successfully got their green card without having any joint financial statement at all.
        It is encouraged to do so, but its not a must. The I-130 instructions states that you should submit one or more of the following types of documentation that may prove you have a bona fide marriage

        (1) Documentation showing joint ownership of property;
        (2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
        (3) Documentation showing that you and your spouse have combined your financial resources;
        (4) Birth certificates of children born to you and your spouse together;
        (5) Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital
        relationship. Each affidavit must contain the full name and address of the person making the affidavit; date
        and place of birth of the person making the affidavit; and complete information and details explaining how the
        person acquired his or her knowledge of your marriage; or
        (6) Any other relevant documentation to establish that there is an ongoing marital union



        Not legal advice, use at your own risk

        Comment


        • #34
          Originally posted by UScitizenFilingforspouse View Post
          Besides, I gave you what the I-130 instructions state. It states there clearly that financial commingling is one of the criteria.
          Actually, the instructions state that the applicant should furnish one or more of the evidence listed. It does not state that any of the listed evidence is required, nor does it state that those matters in fact need to be true

          Poor kaylip... this has nothing to do with his original question

          Comment


          • #35
            Originally posted by Amember View Post
            Not every couple have joint finances. I have friends who successfully got their green card without having any joint financial statement at all.
            It is encouraged to do so, but its not a must. The I-130 instructions states that you should submit one or more of the following types of documentation that may prove you have a bona fide marriage

            (1) Documentation showing joint ownership of property;
            (2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
            (3) Documentation showing that you and your spouse have combined your financial resources;
            (4) Birth certificates of children born to you and your spouse together;
            (5) Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital
            relationship. Each affidavit must contain the full name and address of the person making the affidavit; date
            and place of birth of the person making the affidavit; and complete information and details explaining how the
            person acquired his or her knowledge of your marriage; or
            (6) Any other relevant documentation to establish that there is an ongoing marital union



            Not legal advice, use at your own risk
            Joint ownership of property = combining financial resources
            lease showing joint tenancy = you're both financially responsible for the property and rent

            Comment


            • #36
              Hi guys. I've already submitted everything and did biometrics already. I'm now waiting on EAD. For this year's taxes my spouse decided to wait until I get my EAD & SSN then file taxes but we were thinking of just going ahead and apply for me to get an iTIN and file jointly. Can we still do that even though I applied for SSN on i765 form? We just wanna get it out the way and since we're not sure on exactly when I'll get my EAD we wanna try our luck.
              Filed I-130, I130A, I-485, I-765
              Priority Date: 01/22/2018
              Date Received NOA Letters: 02/02/2018
              Courtesy Letter for i693: 02/20/2018
              Biometrics Done: 02/21/2018
              Interview(rec' approval letter): 05/31/2018
              EAD card in production: 06/02/2018
              EAD card in hand: 06/07/2018
              SSN card in hand: 06/09/2018
              GC approval/production notifications: 07/08/2018
              Card mailed notification: 07/09/2018
              I130 & I485 approval letters received: 07/09/2018
              GC in hand: 07/11/2018

              Comment


              • #37
                Originally posted by kaylip View Post
                Hi guys. I've already submitted everything and did biometrics already. I'm now waiting on EAD. For this year's taxes my spouse decided to wait until I get my EAD & SSN then file taxes but we were thinking of just going ahead and apply for me to get an iTIN and file jointly. Can we still do that even though I applied for SSN on i765 form? We just wanna get it out the way and since we're not sure on exactly when I'll get my EAD we wanna try our luck.
                You can apply for an ITIN if you are eligible for an SSN.

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

                Comment


                • #38
                  Originally posted by kaylip View Post
                  Hi guys. I've already submitted everything and did biometrics already. I'm now waiting on EAD. For this year's taxes my spouse decided to wait until I get my EAD & SSN then file taxes but we were thinking of just going ahead and apply for me to get an iTIN and file jointly. Can we still do that even though I applied for SSN on i765 form? We just wanna get it out the way and since we're not sure on exactly when I'll get my EAD we wanna try our luck.
                  You can file for an ITIN number anytime. The fact that you applied for a SSN connected to your EAD doesn't change that. If your ITIN comes first (takes a few weeks, you have to send them your passport) use your ITIN, if your EAD/SSN comes first, just use that. Once you have your SSN your ITIN number is invalid.

                  Comment


                  • #39
                    Originally posted by ewilliams View Post
                    You can file for an ITIN number anytime. The fact that you applied for a SSN connected to your EAD doesn't change that. If your ITIN comes first (takes a few weeks, you have to send them your passport) use your ITIN, if your EAD/SSN comes first, just use that. Once you have your SSN your ITIN number is invalid.
                    On this IRS page it says

                    If you have an application for a SSN pending, do not file Form W-7. Complete Form W-7 only if the Social Security Administration (SSA) notifies you that a SSN cannot be issued.

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

                    Comment


                    • #40
                      Okay, I agree that if they have not gotten an EAD they can apply for an ITIN.

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

                      Comment

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