H4 and Tax return - visa from Islamabad

[sanishik]

I have questions/ concerns about my wife's H4 from Islamabad.

Here is my scenario December 07 I was in Khi to attain my brother's wedding few days after I had my nikkah (registered Marriage) done a day before my coming back to US. I plan to have rukhsati (formal ceremony) in end of July08.
My 6th year H1 is expiring in Dec08 and my perm is approved in EB2. My attorney suggested me to only file I-40 (which was filed in May08) and hold I-485 until August to file it together with my wife.

My questions:


1- Tax 07 - I already submitted my tax as head of household adding my mother as dependent.
Since nikkah happen last year. Do I have to add my spouse? and change filling status to married instead of head of household.
Will it be issue for my spouse if visa officer looks in tax return docs that I did not add her as my spouse and I file tax as head of household?

Should I send amendment to my tax or leave it as it is?

2- Did anyone applied for immigration for you (my wife): What should I put here should it be no. My I-140 is filed and my wife's name is in it but I-485 is not filed yet.

3- Pictures- Unfortunately my nikkah happen so fast and quite way that I do not have any pictures of the occasion.I know VO always ask for pics. Should the pic from formal cermony (mehndi, rukhsati, and valima) be enough? how does the folks who did phone nikkah manage this situation?


Please help .

[txh1b]

1. Is your mother in the US on a valid status? If not, you cannot claim your mother as a deduction on your tax returns. Parents are never dependents as per the US tax law especially when you are on H1b.You have bigger issues with your taxes. If she is your spouse, you should have claimed her as a dependent. Talk to a competant CPA. Not the ones that promise higher returns but the ones that follow the law.
2. If it is for your wide, the answer is No. Until a 485 is filed for her, the answer is no. The I140 is for you and your spouse name is just a formality at that stage.
3. Phone Nikah? I did not know such a thing exists. Even if it does, the VO will not consider is a legitimate marriage. The other formal marriage pictures are what is generally accepted in the consulates that I am aware of.

[sanishik]

Well my mother is Canadian Resident and she has 10year visa to USA. According to following description I think I was right to add her as dependent

http://www.ftb.ca.gov/individuals/hoh/selftest/definitions.shtml#26

" If you were unmarried and not an RDP, you may be eligible for the head of household filing status even if your father or mother did not live with you. However, your parent must have been a citizen or national of the United States, or a resident of the United States, Canada, or Mexico.

You must be entitled to claim a dependent exemption credit for your parent. That is, your parent must meet the requirements of a qualifying relative and you must have paid more than half the cost of keeping up a home that was your parent’s main home for the entire year. Your parent’s main home could have been his or her own home, such as a house or apartment, or could have been any other living accommodation."

Ques:
1- Do you think VO can ask my wife for prove that I paid more than half of her (mother) expenses? My mother lives at my house in Canada (I also have Canada PR) and I pay for mortgage of the house while rest of utilities and groceries are taken care by my brother.

2- According to law of the land (Pakistan) she is my wife as I have my marriage registered. So you suggest I should add her in my tax regardless if she is in USA or not?

TxH1b I really appreciate your response.

Thanks
Sani

[txh1b]

Check with IRS definitions of head of household. May be you do qualify but ensure you do. Your link is from state of California.


1. In general, VO will not bother too much about these. Will only dig in if something doesn't add up.

2. If she is your wife, you can claim her as a dependent regardless of where she is. She just needs a ITIN number. Please consult a tax professional regarding the details.

[sanishik]

Hi Txh1b - Now as you know more about nikkah (Nikah = Court Marriage/Registered Marriage) would you still recommend me to amend my tax as married adding my wife. As such she is my wife but we will be living together after rukhsati which is in July08.

As such I have got done all tax amendment just waiting for my wife ID for w7. But still concern I don't want to alarm VO for que's like
why I had to file amendment to tax?
why I did not included my wife at first place?

I know answer can be the similar that I have in my tax amendment that I was not aware I can include my wife when she do not has US visa. I don't know I might be getting this thing confused.

[txh1b]

Talk to a CPA. From what I know, if your marriage is considered valid by the local government in your country, US txa laws considers it valid also. Also, the spouse need not have a visa to be claimed as a dependent AFAIK.

As I am not very sure of the procedure or the concepts of Nikkah, I cannot comment on it's validity.

If someone asks you, When were you married, Do you give the date of your Nikkah or Rukhsati? If an official document symbolizing your marriage is needed, what date would that have? Based on the answers to these questions, you can make a call.

As far as amendment goes, if the CPA advises you to do so, do it.

[sanishik]

Talk to a CPA. From what I know, if your marriage is considered valid by the local government in your country, US txa laws considers it valid also. Also, the spouse need not have a visa to be claimed as a dependent AFAIK.

As I am not very sure of the procedure or the concepts of Nikkah, I cannot comment on it's validity.

If someone asks you, When were you married, Do you give the date of your Nikkah or Rukhsati? If an official document symbolizing your marriage is needed, what date would that have? Based on the answers to these questions, you can make a call.

As far as amendment goes, if the CPA advises you to do so, do it.

To answer your question about Nikkah . Nikkah is actual legal/ registered agreement of marriage. I'll always be providing date of Nikkah as my Marriage date not Rukhsati which is the day we start living together. I believe I have my answer. As my Nikkah ( Registered marriage) was in December 07 I should be filling tax as married for 07.

Thanks TxH1b you are great help to every one in this discussion group. I really appreciate your suggestions.