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

[UScitizenFilingforspouse]

how do I file for ITIN and what does it mean?

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how and where do I file for ITIN and whats the meaning?my wife (USC)will be filling for her tax next month and i'm out of status(still waiting on my EAD)she need to file a joint tax

So if you are waiting for your EAD, you likely already have a Notice of Action. Once you have that, you are no longer "out-of-status", your status is sort of "adjusting-status".
Since you already filed for adjustment of status, it is imperative that you two file a joint tax return. If your interview is after 4/15/18, the ISO will likely want to see it. Since you aren't working, your wife will get a nice tax break there - larger deduction.

Here is the link to the IRS website. All about the ITIN is there. Individual Tax Identification Number

https://www.irs.gov/individuals/international-taxpayers/general-itin-information

Best of luck!

[newacct]

So if you are waiting for your EAD, you likely already have a Notice of Action. Once you have that, you are no longer "out-of-status", your status is sort of "adjusting-status".

Technically, they are out of status. There is no such thing as "adjusting status status". A pending application never gives status. Someone with a pending AOS is generally not subject to deportation for being out of status, but that does not mean they have "status".

[fmjizzle]

Please only give advice when you know what you are talking about.

Almost everyone who has a pending application is super anxious. It does not help to read conflicting "advice" .
Let us please only state facts and personal experiences.

This forum has been an amazing discovery to me, but reading certain comments daily, it is obvious some members only make assumptions. We all know this leads to misinformation and total confusion!!

A pending AOS application, is exactly that. It's pending!! A notice of action does nothing for a persons status!


It is not IMPERATIVE for couples to file jointly. This does not mean your marriage is real ! I for one have no comingling finances with my husband , and i can assure you, we are as real as they come.

Wishing everyone an amazing week, full of great news from the post man.


"If you dont understand it fully, dont speak on it. Too many people have full opinions with half facts" -Tony A Gaskins Jr.

[ewilliams]

Almost everyone who has a pending application is super anxious. It does not help to read conflicting "advice" .
Let us please only state facts and personal experiences.

This forum has been an amazing discovery to me, but reading certain comments daily, it is obvious some members only make assumptions. We all know this leads to misinformation and total confusion!!

A pending AOS application, is exactly that. It's pending!! A notice of action does nothing for a persons status!


It is not IMPERATIVE for couples to file jointly. This does not mean your marriage is real ! I for one have no comingling finances with my husband , and i can assure you, we are as real as they come.

Wishing everyone an amazing week, full of great news from the post man.


"If you dont understand it fully, dont speak on it. Too many people have full opinions with half facts" -Tony A Gaskins Jr.

It is also not imperative for couples to open up a joint bank account, both names on a lease etcetera. However it is beneficial in proving your marriage is real.

[UScitizenFilingforspouse]

Almost everyone who has a pending application is super anxious. It does not help to read conflicting "advice" .
Let us please only state facts and personal experiences.

This forum has been an amazing discovery to me, but reading certain comments daily, it is obvious some members only make assumptions. We all know this leads to misinformation and total confusion!!

A pending AOS application, is exactly that. It's pending!! A notice of action does nothing for a persons status!


It is not IMPERATIVE for couples to file jointly. This does not mean your marriage is real ! I for one have no comingling finances with my husband , and i can assure you, we are as real as they come.

Wishing everyone an amazing week, full of great news from the post man.


"If you dont understand it fully, dont speak on it. Too many people have full opinions with half facts" -Tony A Gaskins Jr.

This is a forum where we all get to express our opinion and share personal experiences. I have been through this process once already 20 years ago and came out unscathed.
You do not get to decide who speaks and who does not. Everyone brings value to the table. I did not do the best job explaining that while you're adjusting status, the clock stops and that's it, you don't actually have a status.
If you want legal advice, then go pay for some or sit through several free consultations. Hey, it's an option.
What you consider sound advice, may in fact be, terrible advice. Why would a married couple not want to file a joint tax return when you get the most benefit by doing so?
USCIS spells out for your what in their opinion fits the criteria of bona fide marriage. Why would you think that their guideline does not apply to you? They want to see commingling of finances. When they do not see that, the first thought is fraud. Why? Because you should have no issue with your husband seeing your SSN on a federal tax return; or having your paycheck deposited into a joint checking account. How do you even manage to run a household without a joint checking account?
Read the adjudicator's manual, they have a list of red flags and fraud levels. Not having some commingling of finances is basically asking for a surprise field visit from USCIS in the middle of the night to see if both sides of the bed are warm. That's happened not too long ago.
******** posts are ok for K-1 visa applications; they're not sufficient proof of a bona fide marriage. Thus, to anyone reading this... Not having any commingling of finances is a terrible idea and the worst advice I've heard in this forum.

Best of luck with your AOS.

[fmjizzle]

This is a forum where we all get to express our opinion and share personal experiences. I have been through this process once already 20 years ago and came out unscathed.
You do not get to decide who speaks and who does not. Everyone brings value to the table. I did not do the best job explaining that while you're adjusting status, the clock stops and that's it, you don't actually have a status.
If you want legal advice, then go pay for some or sit through several free consultations. Hey, it's an option.
What you consider sound advice, may in fact be, terrible advice. Why would a married couple not want to file a joint tax return when you get the most benefit by doing so?
USCIS spells out for your what in their opinion fits the criteria of bona fide marriage. Why would you think that their guideline does not apply to you? They want to see commingling of finances. When they do not see that, the first thought is fraud. Why? Because you should have no issue with your husband seeing your SSN on a federal tax return; or having your paycheck deposited into a joint checking account. How do you even manage to run a household without a joint checking account?
Read the adjudicator's manual, they have a list of red flags and fraud levels. Not having some commingling of finances is basically asking for a surprise field visit from USCIS in the middle of the night to see if both sides of the bed are warm. That's happened not too long ago.
******** posts are ok for K-1 visa applications; they're not sufficient proof of a bona fide marriage. Thus, to anyone reading this... Not having any commingling of finances is a terrible idea and the worst advice I've heard in this forum.

Best of luck with your AOS.

I wish i could read all you have typed. You seem to have a lot of time on your hands.

Quit giving 'advice' when you are not sure of what you are saying. Only state facts, not your opinion.

To each is own. You are not a USCIS officer so enough with the speculations.

Thank you.

Good luck and have an awesome day.

[kaylip]

C'mon guys!

Why all this bickering and arguments? Especially when I started this thread and no one has answered my question.
I asked if USCIS will request tax returns for 2017. I already mailed my package.

[UScitizenFilingforspouse]

Why all this bickering and arguments? Especially when I started this thread and no one has answered my question.
I asked if USCIS will request tax returns for 2017. I already mailed my package.

If your interview is before 04/15/18, probably not. If after that date, I would bring them to the interview. If you're asking if they will RFE you for your 2017 tax returns and potentially delay processing, I doubt it.
But then again, that's my humble two cents.

[UScitizenFilingforspouse]

I wish i could read all you have typed. You seem to have a lot of time on your hands.

Quit giving 'advice' when you are not sure of what you are saying. Only state facts, not your opinion.

To each is own. You are not a USCIS officer so enough with the speculations.

Thank you.

Good luck and have an awesome day.

Again, go see an attorney if you do not want opinions. Everything you read on this forum is to some extent an opinion. Otherwise, we would all just be posting excerpts from the USCIS forms. Use the ignore/block feature as needed to filter through opinions you do not want to hear.
Here's a fact. Having no commingling of finances sets yourself up for unnecessary and additional scrutiny. Why would you want to be confused with anyone who is committing fraud? Here's another fact. If you post on this forum, that having no commingling of finances is just fine, you have to expect that at least one person may disagree and voice his/her opinion. You have to be OK with that because you opened yourself to it. Otherwise, why would you voice your opinion in the first place?
You are in a new country. You should know by now that we all get to have an opinion. Exclusive behavior does not go well in the work place. Well, you'll see that when you get your EAD.

Again, best of luck with your AOS.

[fmjizzle]

Again, go see an attorney if you do not want opinions. Everything you read on this forum is to some extent an opinion. Otherwise, we would all just be posting excerpts from the USCIS forms. Use the ignore/block feature as needed to filter through opinions you do not want to hear.
Here's a fact. Having no commingling of finances sets yourself up for unnecessary and additional scrutiny. Why would you want to be confused with anyone who is committing fraud? Here's another fact. If you post on this forum, that having no commingling of finances is just fine, you have to expect that at least one person may disagree and voice his/her opinion. You have to be OK with that because you opened yourself to it. Otherwise, why would you voice your opinion in the first place?
You are in a new country. You should know by now that we all get to have an opinion. Exclusive behavior does not go well in the work place. Well, you'll see that when you get your EAD.

Again, best of luck with your AOS.

I can tell you are one of those type of people who always feel they need to have the last say. I will reply you once more, then i am done wasting my time, because i know you are ready to go on and on.

If you had taken the time to read what i posted the first time ,and not jump to conclusions as you seem to always do, you would realise that i have in no way given any advice asides from that people should please only say what they are certain of.

I in no way asked anyone to do anything. I said my husband and i. What part do you not understand? It is really simple...
STOP SAYING WHAT YOU DO NOT KNOW.

If you feel you need to be relevant on this forum like @inadmissible and @new account. Then I advice you to go do your homework and stop misinforming the public.

Now that is my advice to you!

Enjoy the rest of your day! 😁

[UScitizenFilingforspouse]

I can tell you are one of those type of people who always feel they need to have the last say. I will reply you once more, then i am done wasting my time, because i know you are ready to go on and on.

If you had taken the time to read what i posted the first time ,and not jump to conclusions as you seem to always do, you would realise that i have in no way given any advice asides from that people should please only say what they are certain of.

I in no way asked anyone to do anything. I said my husband and i. What part do you not understand? It is really simple...
STOP SAYING WHAT YOU DO NOT KNOW.

If you feel you need to be relevant on this forum like @inadmissible and @new account. Then I advice you to go do your homework and stop misinforming the public.

Now that is my advice to you!

Enjoy the rest of your day! 😁

I am restating what I've already said. You should be OK with people disagreeing with your opinion. When we answer questions people pose on this forum, we all do with the best of intentions. This is a forum to foster help among each other; not to decide who may or may not voice their opinion.
If I or no one else were to comment on your choice to ignore the clear guideline the USCIS gives on criteria for bona fide marriage, then more than one person may follow that like the bible. What applies to you, may not apply to everyone. Again, anytime you post anything on a public forum, you're opening yourself to the opinion of others who may agree or disagree with you. You should be OK with that. Most adults are.
Again, best of luck with your AOS.

[inadmissible]

your choice to ignore the clear guideline the USCIS gives on criteria for bona fide marriage

What is USCIS's clear guidelines & criteria for bona fide marriage?

[UScitizenFilingforspouse]

What is USCIS's clear guidelines & criteria for bona fide marriage?

Factors which may lead you to doubt the bona fides of the marriage and to more intensively question the petitioner (or to call for a field examination or investigation) include:

- A large age discrepancy between the petitioner and the (now) deceased citizen at the time of the marriage;

- Ill health of the citizen at the time of the marriage, although this is obviated to some extent by the requirement that the marriage be in existence for at least 2 years before the death of the citizen;

- Lack of common residence of the petitioner and the citizen prior to the latter’s demise;

- Lack of intermingling of financial assets and liabilities (and other resources and obligations).

See for yourself. https://www.uscis.gov/ilink/docView/...-0-0-4484.html

[S_R_E]

Factors which may lead you to doubt the bona fides of the marriage and to more intensively question the petitioner (or to call for a field examination or investigation) include:

- A large age discrepancy between the petitioner and the (now) deceased citizen at the time of the marriage;

- Ill health of the citizen at the time of the marriage, although this is obviated to some extent by the requirement that the marriage be in existence for at least 2 years before the death of the citizen;

- Lack of common residence of the petitioner and the citizen prior to the latter’s demise;

- Lack of intermingling of financial assets and liabilities (and other resources and obligations).

See for yourself. https://www.uscis.gov/ilink/docView/...-0-0-4484.html

The section you happen to quote from is specifically for

(b) Petition for Widow(er)


The adjudication of an I-360 petition filed by a widow or widower is quite similar to the adjudication of an I-130 petition filed by a citizen for his or her spouse. The basic eligibility requirements are the same (status of petitioner and relationship between the petitioner and the beneficiary), and the significant concerns are the same (dissolution of any and all prior marriages, fraud, etc.). The most significant difference in the adjudication is the obvious one: the citizen cannot be questioned as to the bona fides of the marriage. However, the burden of proof still rests with the petitioner (who in this case is also the beneficiary), and the resolution of questions regarding the bona fides of the marriage is still the petitioner’s responsibility. The basic techniques for determining whether the marriage is suspect still exist: examination of the paper trail; formal interrogation of the petitioner; and field examination or investigation.

[UScitizenFilingforspouse]

The section you happen to quote from is specifically for

(b) Petition for Widow(er)


The adjudication of an I-360 petition filed by a widow or widower is quite similar to the adjudication of an I-130 petition filed by a citizen for his or her spouse. The basic eligibility requirements are the same (status of petitioner and relationship between the petitioner and the beneficiary), and the significant concerns are the same (dissolution of any and all prior marriages, fraud, etc.). The most significant difference in the adjudication is the obvious one: the citizen cannot be questioned as to the bona fides of the marriage. However, the burden of proof still rests with the petitioner (who in this case is also the beneficiary), and the resolution of questions regarding the bona fides of the marriage is still the petitioner’s responsibility. The basic techniques for determining whether the marriage is suspect still exist: examination of the paper trail; formal interrogation of the petitioner; and field examination or investigation.

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.

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The section you happen to quote from is specifically for

(b) Petition for Widow(er)


The adjudication of an I-360 petition filed by a widow or widower is quite similar to the adjudication of an I-130 petition filed by a citizen for his or her spouse. The basic eligibility requirements are the same (status of petitioner and relationship between the petitioner and the beneficiary), and the significant concerns are the same (dissolution of any and all prior marriages, fraud, etc.). The most significant difference in the adjudication is the obvious one: the citizen cannot be questioned as to the bona fides of the marriage. However, the burden of proof still rests with the petitioner (who in this case is also the beneficiary), and the resolution of questions regarding the bona fides of the marriage is still the petitioner’s responsibility. The basic techniques for determining whether the marriage is suspect still exist: examination of the paper trail; formal interrogation of the petitioner; and field examination or investigation.

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.