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IgnatiusJ.Reilly

Taxes and a Vietnamese Non Resident Spouse

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Filed: Timeline

Has anyone who is married to a Vietnamese National done this? It appears to be possible. I see that a ITIN (Individual Taxpayer Identification Number) is required and any income the spouse made in thier home Country would have to be counted towards the total income. Any help or advice would be greatly appreciated.

Edited by IgnatiusJ.Reilly
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Engaged: 8/19/2006

Married: 2/25/2008

Sent I-130: 6/5/2008

NOA1 Recieved: 6/26/2008

Transferred to CSC: 12/17/2008

Touched: 12/22/2008

Touched: 12/29/2008

Touched: 12/30/2008

Touched: 12/31/2008

Approved: 12/31/2008

NVC Received 01/07/2009

AOS I-864 Fee Bill arrived: 01/17/2009

"There ain't no answer. There ain't gonna be any answer. There never has been an answer. That's the answer. "

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Filed: Citizen (apr) Country: Thailand
Timeline
Has anyone who is married to a Vietnamese National done this? It appears to be possible. I see that a ITIN (Individual Taxpayer Identification Number) is required and any income the spouse made in thier home Country would have to be counted towards the total income. Any help or advice would be greatly appreciated.

Not Vietnam, but we did for tax year 2006. Rin did not receive her visa (from Thailand) until April 2007. You will need an ITIN for your spouse, can file MFJ, and will have to include your spouses foreign income (although some if not all can be excluded from US taxes).

FYI - another tax thread with links:

http://www.visajourney.com/forums/index.ph...t&p=2574002

K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

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Filed: K-1 Visa Country: Vietnam
Timeline
Has anyone who is married to a Vietnamese National done this? It appears to be possible. I see that a ITIN (Individual Taxpayer Identification Number) is required and any income the spouse made in thier home Country would have to be counted towards the total income. Any help or advice would be greatly appreciated.

Yes, you can file your tax return as married. The new law has changed for spouse without social security number. In order to get the ITIN for your wife, you will need your wife original vietnamese Passport or Vietnamese Identification card ( Chung Minh Nhan Dan ), copy of your marriage certificate license. Then file your tax as married joint return, just leave your wife social security number blank, sign your tax returns with both signature, you and your wife. You can sign for your wife. Make sure you include all documents as I stated with your returns and send it to Philadelphia. I don't remember the address but you can look it up under IRS.gov. After they received your tax returns they will process your tax and issued ITIN for your spouse as same time. Good Luck.

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Filed: K-1 Visa Country: Vietnam
Timeline
Has anyone who is married to a Vietnamese National done this? It appears to be possible. I see that a ITIN (Individual Taxpayer Identification Number) is required and any income the spouse made in thier home Country would have to be counted towards the total income. Any help or advice would be greatly appreciated.

I just want to clarified on the address where to send your tax returns. It depends on where are you live. Go into the irs.gov and look under How to obtain ITIN for your wife and follows the instructions. It is very straight forward. And Just a extra note, if you do have a refund; make sure you do direct deposit into your checking or saving account, otherwise; you might run into problem with deposit the paper check into your bank account, because the check it will have both name, you and your wife name appeared on the paper check, that requires two signature.

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Filed: Country: Vietnam (no flag)
Timeline

Well it's true. I took my taxes to Block Head and confirmed it. The only drawback is having to mail in the return. It will take 5 to 7 weeks (allegedly) with direct deposit.

To future readers:

You need form W-7 and verifying documents. Here's the link:

http://www.irs.gov/pub/irs-pdf/fw7.pdf

You also need a Power of Attorney to sign for your Spouse.

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Filed: Country: Vietnam
Timeline

I plan to file jointly once I get married I don't think I can get her original password but I know I can get a copy of it and have her do a W7. I'm not sure if you can collect on the stimules money or not I have heard some people say yes others say no.

Here is a link for more reading you might be able to go back and amend your last years return also if you were married then

http://candleforlove.com/forums/index.php?showtopic=35061

K-1 Visa

Event Date

Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

I-129F Sent : 2008-03-25

I-129F NOA1 : 2008-04-05

I-129F NOA2 : 2008-08-04

Interview Date : 2008-11-06

Interview Result : Denied 2008-12-05

Round 2

IR-1 / CR-1 Visa

Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

Marriage : 2009-04-13

I-130 Sent : 2009-04-28

I-130 NOA1 : 2009-04-29

I-130 Approved : 2009-09-09

Packet 3 Received : 2009-10-05

Packet 4 Received : 2009-11-13

Interview Date : 2009-12-23

Interview Result : Approved

Visa Received : 2010-01-07

POE minneapolis 02-19-10

By my side happy everafter 02-19-10

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Filed: AOS (apr) Country: Zambia
Timeline
I plan to file jointly once I get married I don't think I can get her original password but I know I can get a copy of it and have her do a W7. I'm not sure if you can collect on the stimules money or not I have heard some people say yes others say no.

Here is a link for more reading you might be able to go back and amend your last years return also if you were married then

http://candleforlove.com/forums/index.php?showtopic=35061

Stimulus money is available only when both spouses have Social Security numbers. An ITIN won't do it.

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Filed: Country: Vietnam
Timeline
Has anyone who is married to a Vietnamese National done this? It appears to be possible. I see that a ITIN (Individual Taxpayer Identification Number) is required and any income the spouse made in thier home Country would have to be counted towards the total income. Any help or advice would be greatly appreciated.

Yes, you can file your tax return as married. The new law has changed for spouse without social security number. In order to get the ITIN for your wife, you will need your wife original vietnamese Passport or Vietnamese Identification card ( Chung Minh Nhan Dan ), copy of your marriage certificate license. Then file your tax as married joint return, just leave your wife social security number blank, sign your tax returns with both signature, you and your wife. You can sign for your wife. Make sure you include all documents as I stated with your returns and send it to Philadelphia. I don't remember the address but you can look it up under IRS.gov. After they received your tax returns they will process your tax and issued ITIN for your spouse as same time. Good Luck.

Do you send her original Passport or Identification card to the IRS along with the W7? I assume the IRS will send them back so I can return them to her in Vietnam. I just worry about them getting lost in the mail even if I send it Fed Ex.

K-1 Visa

Event Date

Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

I-129F Sent : 2008-03-25

I-129F NOA1 : 2008-04-05

I-129F NOA2 : 2008-08-04

Interview Date : 2008-11-06

Interview Result : Denied 2008-12-05

Round 2

IR-1 / CR-1 Visa

Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

Marriage : 2009-04-13

I-130 Sent : 2009-04-28

I-130 NOA1 : 2009-04-29

I-130 Approved : 2009-09-09

Packet 3 Received : 2009-10-05

Packet 4 Received : 2009-11-13

Interview Date : 2009-12-23

Interview Result : Approved

Visa Received : 2010-01-07

POE minneapolis 02-19-10

By my side happy everafter 02-19-10

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Filed: Citizen (apr) Country: Thailand
Timeline
I plan to file jointly once I get married I don't think I can get her original password but I know I can get a copy of it and have her do a W7. I'm not sure if you can collect on the stimules money or not I have heard some people say yes others say no.

Here is a link for more reading you might be able to go back and amend your last years return also if you were married then

http://candleforlove.com/forums/index.php?showtopic=35061

If you were not married by 12/31/2008, then you were single (or HOH if you had dependents in your home) for TY 2008. You can file MFJ for TY 2009 (next year). The stimulus was for TY 2008, so you will not receive any further rebate when you file this year (unless you did not receive the $600 for yourself in 2008).

And yes, SSN's are required for the stimulus rebate. For those who can, get a SSN before filing your 2008 taxes. IF you cannot get a SSN by April 2009, get an extension (can get 6 months without any reason specified) if you think you will have the SSN by October 2009. The other option would be to file by April 15th, then file a 1040X (amended return) once your spouse has their SSN.

K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

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Filed: Country: Indonesia
Timeline
Has anyone who is married to a Vietnamese National done this? It appears to be possible. I see that a ITIN (Individual Taxpayer Identification Number) is required and any income the spouse made in thier home Country would have to be counted towards the total income. Any help or advice would be greatly appreciated.

Yes, you can file your tax return as married. The new law has changed for spouse without social security number. In order to get the ITIN for your wife, you will need your wife original vietnamese Passport or Vietnamese Identification card ( Chung Minh Nhan Dan ), copy of your marriage certificate license. Then file your tax as married joint return, just leave your wife social security number blank, sign your tax returns with both signature, you and your wife. You can sign for your wife. Make sure you include all documents as I stated with your returns and send it to Philadelphia. I don't remember the address but you can look it up under IRS.gov. After they received your tax returns they will process your tax and issued ITIN for your spouse as same time. Good Luck.

Do you send her original Passport or Identification card to the IRS along with the W7? I assume the IRS will send them back so I can return them to her in Vietnam. I just worry about them getting lost in the mail even if I send it Fed Ex.

If she lives close to US consulate, make a copy of valid passport & have it certified/notarized there at the consulate. This notarized copy is what you sent along with W-7 form

I-130

Jun 28 2004 : Received at NSC

Oct 25 2004 : Transferred to CSC

Oct 29 2004 : Received at CSC

Nov 8 2004 : Received response from CSC that my file is being requested & review will be done

Nov 10 2004 : Email & online status Approved

Nov 15 2004 : NOA 2 in mail

Dec 16 2004 : NVC assigns case number

Dec 20 2004 : NVC sent DS 3032 to beneficiary, copy of DS 3032 & I-864 fee bill to petitioner

Jan 3 2005 : Petitioner received copy of DS 3032 and I-864 fee bill. Post-marked Dec 23rd.

Jan 11 2005 : Beneficiary received DS 3032 in Indonesia

Jan 31 2005 : Sent DS 3032 to NVC

Feb 8, 2005 : NVC received DS 3032

Feb 21, 2005 : IV fee generated

Feb 25, 2005 : Sent I-864 fee bill

Feb 28, 2005 : I-864 fee bill delivered to St Louis

Mar 3, 2005 : IV fee bill received

Mar 7, 2005 : Sent IV fee bill

Mar 9, 2005 : IV fee bill delivered to St Louis

Mar 28, 2005 : I-864 fee credited against case.

April 6, 2005 : Received I-864 package

April 7, 2005 : Immigrant Visa fee credited against case.

April 11, 2005 : DS 230 is generated

Aug 12, 2005 : I-864 & DS 230 received by NVC

Sep 14, 2005 : RFE on I-864

Nov 3, 2005 : Checklist response received at NVC

Nov 25, 2005 : Case completion

Dec 9, 2005 : Police Cert requested from the Netherlands

Jan 12 2006 : Interview success - Approved !!

Jan 19 2006 : Visa & brown envelope picked up

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