The U.S. citizen can file a Married Filing Separately return. The nonresident alien spouse, if required to file a return, would file Form 1040 NR. In this situation, the volunteer can assist in the preparation of Form 1040 for the U.S. citizen but must refer the spouse to a professional tax preparer.
485 never needs to be filed with 130. t can be filed concurrently sometimes. Usually that's the case when the beneficiary is an immediate relative but it's not a requirement to file concurrently. f you want, you can file 130, wait for approval, then file 485. Nobody stopping you.
The length of time it takes to get a green card varies depending on several factors, including the type of application you are submitting and current USCIS processing times. A marriage green card or spousal visa, for example, can take anywhere from 10–35 months.
The Legal Lowdown Josh explains that you don't have to file taxes together for a marriage-based green card—it's not a must. Even if you file separately, it's possible to get approval, but it's something they can choose to consider. In such cases, you need more proof to make your case stronger.
The U.S. citizen spouse establishes the marriage relationship by filing Form I-130. Apply for the green card through adjustment of status (Form I-485) if you're living in the U.S. or Form DS-260 if you're a foreign national living abroad. Attend the marriage-based green card interview and await approval.
ONE OPTION IS THAT BOTH YOU AND YOUR SPOUSE CAN CHOOSE TO TREAT THE NONRESIDENT ALIEN SPOUSE AS A U.S. RESIDENT FOR TAX PURPOSES. IF YOU MAKE THIS CHOICE, YOUR FILING STATUS IS MARRIED FILING JOINTLY. IT'S IMPORTANT TO UNDERSTAND THAT MAKING THIS CHOICE DOESN'T CHANGE YOUR SPOUSE'S U.S. IMMIGRATION STATUS.
In certain situations, you can claim your nonresident alien spouse as a dependent if they have no gross income and aren't a US citizen or resident. This allows you to use the head of household status. However, your spouse must have an ITIN, and you must provide over half of their support.
Spouse Visa Summary The CR1 visa processing time is an approximate average of 12 months as of December 2024. The IR1 visa processing time is an approximate average of 17 months as of December 2024. The spouse visa application costs $1,220. The main form needed to apply for a CR1 and IR1 visa is the I-130.
If you are a green card holder and your spouse is lawfully living in the United States. You must file and I-130 form and then wait until the priority becomes current. Presently the wait time this category is about two years. That, of course, is always subject to change, retrogression and other similar circumstances.