i think ill be stuck at NVC for 2 months or so..

[xylide 2]

well, sad to say but we called NVC and they told that my hubby really needs to file his tax for 2007..

so he is sending me paperwork to fill up to get my ITIN so he can file his tax including me,married filing jointly..

but i read that it will take 4-6 weeks to process the ITIN, and thats the time he can file his tax and then after filing, thats the time he can send the AOS to NVC..

all in all, it will eat almost 2 or so so months before my case be completed..

my question is, is there any other way we could do?any other options?

if i could get an interview even if he have not send the AOS yet?

or can he get a co-sponsor if he has no 2007 tax?

im so upset..

[Boorai 0]

I filed my 2007 married but seperate. You may have to pay even MORE taxes if you file joint. Maybe look into that closer and be sure that is what you want to do.

How did he file the 2007 taxes? Did he not do this at all?

[xylide 2]

he hasn't file yet..and i think he will file file it joint coz he is getting me ITIN..

really?filing joint cost more than filing seperate?

i will talk to him about it so he can file his 2007 now without waiting 2 months for that ITIN..

but what is the difference of filing joint and seperate?

what is better?

[Boorai 0]

he hasn't file yet..and i think he will file file it joint coz he is getting me ITIN..

really?filing joint cost more than filing seperate?

i will talk to him about it so he can file his 2007 now without waiting 2 months for that ITIN..

but what is the difference of filing joint and seperate?

what is better?

if you file joint, your income will have to be included in his tax returns. Meaning, likely, that you will have to pay MORE in taxes, depending upon how much income you have. If you have zero income, then there should be no problem.

But withouth that ITIN you CANNOT file joint.

If you do not mind waiting and you have zero income in PI, then you will get a larger return on the taxes by filing joint. Because he will be able to claim you as an exemption. But, since he is already late filing that years return, he likely has accrued pentalties and interest on those late taxes. These will be deducted from what he will get back and if it consumes the entire amount and then some..he will have to pay that back.

Best advice I can offer you...have your hubby see a CPA. Do not have him try this on his own. It could be MUCH worse in the end.

I am not a CPA, but I did get advice on my 2007 returns from my CPA. And followed teh advice of married filing seperately.

You can also look up the tax code rules on the internet for the IRS.

[WaitingforRakesh 0]

I filed married separately, because what was the point in filing jointly. He didn't have s SSN and hadn't live or worked in the US. Next year I will probably file married jointly since maybe he will have a SSN number then.

[Boorai 0]

If the spouse does NOT have an ITIN then you CANNOt file jointly. It will not be allowed. As on the 1040A you must submitted either a SSN or an ITIN...if you have neither of these, then the IRS will revert one back to married seperate filing.

[ruby_jade 0]

i saw my hubby's tax return from turbo tax and it says that he filed married jointly even if i got denied of ITIN..

[Boorai 0]

i saw my hubby's tax return from turbo tax and it says that he filed married jointly even if i got denied of ITIN..

Sorry, to tell you, but the IRS won't allow it..they will change it there.

But I think you bigger issue is the tardiness of him filing.

[xylide 2]

he hasn't file yet..and i think he will file file it joint coz he is getting me ITIN..

really?filing joint cost more than filing seperate?

i will talk to him about it so he can file his 2007 now without waiting 2 months for that ITIN..

but what is the difference of filing joint and seperate?

what is better?

if you file joint, your income will have to be included in his tax returns. Meaning, likely, that you will have to pay MORE in taxes, depending upon how much income you have. If you have zero income, then there should be no problem.

But withouth that ITIN you CANNOT file joint.

If you do not mind waiting and you have zero income in PI, then you will get a larger return on the taxes by filing joint. Because he will be able to claim you as an exemption. But, since he is already late filing that years return, he likely has accrued pentalties and interest on those late taxes. These will be deducted from what he will get back and if it consumes the entire amount and then some..he will have to pay that back.

Best advice I can offer you...have your hubby see a CPA. Do not have him try this on his own. It could be MUCH worse in the end.

I am not a CPA, but I did get advice on my 2007 returns from my CPA. And followed teh advice of married filing seperately.

You can also look up the tax code rules on the internet for the IRS.

if he file separately for his 2007, can he still change it and file jointly next year?

I filed married separately, because what was the point in filing jointly. He didn't have s SSN and hadn't live or worked in the US. Next year I will probably file married jointly since maybe he will have a SSN number then.

will it be allowed to change from separate to joint return?

i think i will just tell him to file now, MFS then just change it next year to joint

[Boorai 0]

yes, once you have either a SSN or an ITIN then ...yes, her can file joint.

But for you current issue. You must decide what is more important...

1)filing seperately..which he can do now and send the 1040A off immediately...

or..

2)filing joint..which he will need to wait for the ITIN and then have your signature on teh 1040A and you providing proof of your income in the Philippines so that income can be taxed as well.

you must decide what is most important. Yes, if you file joint you may be entitled to a larger income(depending upon that amount of YOUR income ot be added) or the speed by which to process the IRS and get to finish at NVC.

Those, basically are your options.

[xylide 2]

yes, once you have either a SSN or an ITIN then ...yes, her can file joint.

But for you current issue. You must decide what is more important...

1)filing seperately..which he can do now and send the 1040A off immediately...

or..

2)filing joint..which he will need to wait for the ITIN and then have your signature on teh 1040A and you providing proof of your income in the Philippines so that income can be taxed as well.

you must decide what is most important. Yes, if you file joint you may be entitled to a larger income(depending upon that amount of YOUR income ot be added) or the speed by which to process the IRS and get to finish at NVC.

Those, basically are your options.

thank u very much..i think i will tell him to file it separate..

but on the other thread i post the same, one said he can file my w7 and his tax at the same time..and IRS will send him my ITIN later...

[Boorai 0]

I know for certain that when her files his 1040 form that he will be asked ofr either your SSN or ITIN....that tells me that it is not possible to do that.

Again, I think he should seek the advise of a CPA; just to be certain. You don't want anymore delays than needed.

Why did he not file hi taxes before April 15th? And now..is NVC stopping your processing b/c of that?

[brnidokiegurl 0]

yes, once you have either a SSN or an ITIN then ...yes, her can file joint.

But for you current issue. You must decide what is more important...

1)filing seperately..which he can do now and send the 1040A off immediately...

or..

2)filing joint..which he will need to wait for the ITIN and then have your signature on teh 1040A and you providing proof of your income in the Philippines so that income can be taxed as well.

you must decide what is most important. Yes, if you file joint you may be entitled to a larger income(depending upon that amount of YOUR income ot be added) or the speed by which to process the IRS and get to finish at NVC.

Those, basically are your options.

thank u very much..i think i will tell him to file it separate..

but on the other thread i post the same, one said he can file my w7 and his tax at the same time..and IRS will send him my ITIN later...

again we did this and they did not accept, two times we tried and were delayed so i wouldnt bother at this time for the delay...and if file married jointly they will just automatically correct the report to show seperate and change the money return to less.....

[xylide 2]

I know for certain that when her files his 1040 form that he will be asked ofr either your SSN or ITIN....that tells me that it is not possible to do that.

Again, I think he should seek the advise of a CPA; just to be certain. You don't want anymore delays than needed.

Why did he not file hi taxes before April 15th? And now..is NVC stopping your processing b/c of that?

he wants me to be included in his tax,and we didn't know this procedures,just now that its needed for the process of my case.. he's only 22 and i think he didn't know, its just me who's telling him about the process and step by step procedure at NVC!

when i called NVC they said that they are just waiting for the AOS and my case will be complete.. he sent off my ds230 almost 6 weeks ago..

Edited November 17, 2008 by xylide

[Boorai 0]

when the AOS was sent he must not have had 2007 tax returns, so(if I were to guess)..they won't process your AOS, thus not your case. They require, at the least, the last years tax returns. From what I hear you saying, he does not have that.