Filling Taxes?

[payxibka 10,045]

I realize that they don't have any way to verify this, but would it not potentially come up again in the AOS process? Wouldn't that be a misrepresentation of a material fact?

What misrepresentation of material fact? Your income is not at issue... You file a new I-864 at AOS time which replaces the I-134 (which is meaningless anyway).

[ColombianoGringo 0]

Does the consulate keep the copies of my tax returns? My concern would be that if they do and I later turn in a different return for the AOS, someone might notice the discrepancy and cause a problem. Maybe I'm just being paranoid.

[payxibka 10,045]

Does the consulate keep the copies of my tax returns? My concern would be that if they do and I later turn in a different return for the AOS, someone might notice the discrepancy and cause a problem. Maybe I'm just being paranoid.

Your filing status does not change how much you earned or the mechanics on how you report your income. What changes is the taxable income and your tax liability. They are concerned about your total income which will be the same under any scenario.

[Bruce H 0]

I've just filed my taxes this year and filed married filing jointly. The W-7 form is attached to my tax return. My accountant had been through this before as he had adopted a foreign baby and needed to file the W-7 to get an ITIN number.

You need to get a notarized copy of your spouse's passport. This can only be done by specific notaries. Usually the consulate/embassy has US notaries available that can provide this copy. Your spouse also has to fill out the W-7 and sign it. In Taiwan, they had the W-7 right there and had her fill it out and sign before she left with the copy of her passport.

You then attach it to the front of your tax return.

My accountant says the only problem that may arise is that the because the ITIN may take awhile, it's possible they will process your taxes and disallow any deductions, etc. relating to filing jointly, however, he says that is easily corrected once the ITIN comes through. We'll see what happens. I just mailed my returns about 2 weeks ago.

Bruce

[ColombianoGringo 0]

That is precisely our problem. It actually has to be apostilled if done in most if not all foreign countries. This is not an option for us as it would require my wife to travel in order to get this done and it isn't worth the hassle and expense. I think I am just going to file married separate for now or request an extension and take my prepared return with me to the interview. Along with my W-2, pay stubs and employment letter, I don't think they'll blink.

Edited April 13, 2008 by ColombianoGringo

[rogerbhai 0]

That is precisely our problem. It actually has to be apostilled if done in most if not all foreign countries. This is not an option for us as it would require my wife to travel in order to get this done and it isn't worth the hassle and expense. I think I am just going to file married separate for now or request an extension and take my prepared return with me to the interview. Along with my W-2, pay stubs and employment letter, I don't think they'll blink.

Has anyone had any success with this? Can I just send my tax extension copy along with my W2 to my wife for the interview? Or does it have to be a completed return (but not yet submitted)?

It would be great to hear that from someone whose tried and has had success