Need help ...

[PJ]

Hi All,

 

I need some help, and I'm sure a lot of you all have been through this before, anyone who has gotten the K1.

 

It's been rough lately, we just got back to the States and I'm exhausted, I have like a million things to do. I'd like to post my account of our travels but that will have to wait for another day. I'm really glad I got Candle's disk space issue resolved before leaving for China, because I would have not been able to do anything on it at this point and we'd just be flat out of space.

 

Questions:

 

1. If my fiancee and I get married this year (before 12/31/2004) do I file my taxes as married joint return?

 

http://candleforlove.com/forums/index....t=ST&f=1&t=3643

 

This is the only thread I could find on it and it seemed to be more for people supporting a wife still in China.

 

2. Name change - can't you legally get a name change somewhere along this process (getting married or AOS). I mean obviously I know the last name changes, but can't you also change first name to something more American? Or is that when you get your citizenship, as it sounded like on this thread:

 

http://candleforlove.com/forums/index....t=ST&f=1&t=6068

 

3. Getting married - uhh we'd like to have a wedding, but 90 days ain't much, plus I have a lot going on right now. If we just do the, how do you put it, go to the county courthouse and register a marriage, can we file the AOS and then eventually have a wedding when life is less hectic? Will the USCIS people who do the AOS interview look at this negatively?

 

Sorry, I know a lot of this probably can be found in our archives but I really haven't had the time to look very hard.

 

Thanks,

 

P.J.

[warpedbored]

Ok PJ the answer to your first question is you can claim your wife on your taxes if you get married before Dec 31 11:59 PM. I would recomend you get married within 70 days because it makes the social security number issue easier. Changing the last name is easy but I am not sure about the first. All you have to do to change the last name is get married within 70 days and take a certified copy of your marriage licence and her passport with I-94 inside to the social security office and fill out the application using the married name. Take it to the window and they will look up her file in the computer. A few days later she will get her SSN. Take that and some mail addressed to her with postmark to the DMV and get her an ID card. in her married name. Go to the bank and put her on your bank account and thats all there is to it. You can get married at the courthouse then file AOS and then have a ceremony later. I am sure any clergy would be glad to preform the ceremony even though you are already legally married.

Hope this helped

[mtbdude]

I would recomend you get married within 70 days because it makes the social security number issue easier.  

hey carl, check that thread p.j. put in his post. i didn't know this myself, but his wife can just get a tin, and doesn't have to wait for an ssn. i'm gonna check that out, too, because i don't want to wait a long time for our refund.

 

another option would be an extension to file. the first, to 8/15, is automatic, meaning you don't need a reason. and the second is to 10/15, and you do have to give a reason, but i've never heard of one being turned down.

 

steve

[keelec]

P.J.

 

As I understand it, you MUST file as married if you get married before Dec 31, no matter whether the two of you are in the USA, or China, or separate.

 

If you are not married on Dec 31, file as SINGLE.

 

You don't need the SSN until next April.

 

There apparently are a few cases that your future wife will not be able to get her SSN before April. In those cases, you can apply for a TIN. Perhaps if she is K3 or CR1 in China, she can still apply for a TIN. I believe this also applies for kids too.

 

If the INS & IRS move too slowly, I have heard of people who filed a "normal", or perhaps an "estimated" return in April with the plan to amend it once the SSN and TIN are straightened out.

 

---- CK ----

[mtbdude]

As I understand it, you MUST file as married if you get married before Dec 31, no matter whether the two of you are in the USA, or China, or separate.

 

If you are not married on Dec 31, file as SINGLE.

you are right, it's your marital status on december 31.

[warpedbored]

The social security number is very easy to get for a K-1 as long as they file withing about 70 days of entry. She can get it before you are married but it would be in her maiden name which would require another trip to the social security office after the wedding. In most states without a SSN you cant get a drivers licence or state ID card. She can't have a bank account either. I dont know anything about TIN numbers but it stands to reason that if you aren't married you can't claim her on your taxes. Seeing as how the SSN is easy to get I don't see any advantage to the TIN. The only time a TIN makes sense is for K-3s who's spouse is still in China and can't get a SSN. The USCIS I'm sure could care less what kind of ceremony you have once you are legally married. They only need that certified copy of the marriage certificate. Going to the judge now and having a real wedding later won't affect your AOS.

[PJ]

Thanks. Anyone know about the 3rd question:

 

3. Getting married - uhh we'd like to have a wedding, but 90 days ain't much, plus I have a lot going on right now. If we just do the, how do you put it, go to the county courthouse and register a marriage, can we file the AOS and then eventually have a wedding when life is less hectic? Will the USCIS people who do the AOS interview look at this negatively?

[tonymasiello]

3. Getting married - uhh we'd like to have a wedding, but 90 days ain't much, plus I have a lot going on right now. If we just do the, how do you put it, go to the county courthouse and register a marriage, can we file the AOS and then eventually have a wedding when life is less hectic? Will the USCIS people who do the AOS interview look at this negatively?

PJ, I don't have any experience with this, but we are planning to do the exact same thing. We are going to have a very simple 'courthouse' wedding so that we can file AOS and be within the 90 days. Next spring or summer we will have a more elaborate wedding celebration. I don't see why the USCIS would view this negatively. The fact that you are having a wedding celebration, with the added expense, and sharing it with friends and family, should be looked at as a positive. I'm sure this is not an uncommon practise these days.

[keelec]

3. Getting married - uhh we'd like to have a wedding, but 90 days ain't much, plus I have a lot going on right now. If we just do the, how do you put it, go to the county courthouse and register a marriage, can we file the AOS and then eventually have a wedding when life is less hectic? Will the USCIS people who do the AOS interview look at this negatively?

PJ, I don't have any experience with this, but we are planning to do the exact same thing. We are going to have a very simple 'courthouse' wedding so that we can file AOS and be within the 90 days. Next spring or summer we will have a more elaborate wedding celebration. I don't see why the USCIS would view this negatively. The fact that you are having a wedding celebration, with the added expense, and sharing it with friends and family, should be looked at as a positive. I'm sure this is not an uncommon practise these days.

"Renewing your Vows" is common in the USA.

 

Consider picking a "special" date for your civil marriage.

 

Then "Renew your Vows" on an anniversary of that date..... 3 month, 6 month, 1 year, etc.

 

 

P.J. All of our hearts are with you. You have certainly waited long enough for this.

 

---- Clifford -----

[Alex]

My Ping and I are going to see a judge..and save the party for later when we're calm enough and settled enough to enjoy it!

[eeyore]

3. Getting married - uhh we'd like to have a wedding, but 90 days ain't much, plus I have a lot going on right now. If we just do the, how do you put it, go to the county courthouse and register a marriage, can we file the AOS and then eventually have a wedding when life is less hectic? Will the USCIS people who do the AOS interview look at this negatively?

I don't think there would be a problem as long as the marrage is leagal, I'm sure that is all they are concerned about.

[oregonknl]

Hey JP ~!

 

.....Nice to have you back...

 

And I am going to re-enforce what others have said. More and more as the issue of marriage comes up, it seems to divide into two camps ... the civil aspects and the spirtual or traditional aspects..

 

We will do the legal marriage, and at a better time --- (spring or summer in Oregon) have a traditional marriage....