Affidavat of Support

[jynxNdragnfly 0]

Ok so it's almost time to send in the affidavat of support. My husband, the USC, just filed his taxes for 2007 and he filed as single. He called the IRS and they told him to do this since we're not filing jointly and I don't have a SSN.

Is the fact that he filed as single rather than married going to cause a problem when we send in his income tax return with the affidavat of support? I'm freaking out here.

[Eric_and_Corinna 0]

If he filed single simply because you don't have an SSN, there is a way to get an Individual Taxpayer ID Number (ITIN). It's IRS form W-7. If you decide to file jointly, you simply fill the form out and send it in with your return to a processing center in Austin Texas. I'm surprised the IRS didn't mention this option.

Of course, if he filed separate for financial reasons, disregard the W-7.

I'm not sure how this will affect your affadavit of support.

Hope this helps a little

Eric

[jynxNdragnfly 0]

didn't help at all LOL i want to know if he leaves it as single and we send it in if there will be a problem or does he have to go and amend everything to married (whether filed separately or together) I just don't want problems.

[trailmix 77]

didn't help at all LOL i want to know if he leaves it as single and we send it in if there will be a problem or does he have to go and amend everything to married (whether filed separately or together) I just don't want problems.

You can try doing a search, there are so many tax threads might be a bit tiresome to wade through them.

Hard to say if it will cause a problem when filing the I-864 - in theory part of your immigration proof includes a bonafide relationship - whether the tax status he chose will be taken in to consideration or not, I haven't really seen. From a financial point of view it shouldn't matter - they just want proof of his income and the status he filed under should be irrelevant.

If you are concerned about it, which you obviously are, perhaps he should file an amended return for the year. While they may not have a transcript available when you go to file the I-864 - since this is a busy time of year for the IRS, he can at least attach a copy of the 1040x to the transcript he does have, so they know he has filed it. He can then obtain a copy of the amended transcript for the actual interview.

Edited February 19, 2008 by trailmix

[jynxNdragnfly 0]

Well after my husband talked to some lovely lady at NVC it turns out they could care less how you file LOL And the other bonus is NVC isn't looking for a 2007 tax return until after April 15. So if you have to file the aos before that they just want 2006