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

[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..

if u were denied number it may still read as originally sent but within the system it has been changed to reflect otherwise and if he was to get return it will be less than originally stated both federal and state returns

ya he got both federal and state tax return..

and he didnt FILE LATE...

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.

HUH was this necessary???

the tardiness of him filing his tax retursn, si what I mean. The IRS does not like tardiness with tax filings.

Take not offense to that; I would just not like to see you have to pay more to the IRS, because the tax returns are late.

he didnt file late..

not saying he file late, and im sure he did get both but you go back and ck or ask irs and you will prob see they amended the return within the system to not show jointly and he prob would have gotten letters explaining this at the time

Exactly, if filed before April 15th and filed joint...the IRS would have ammended to married seperat, spent the tax return check, and he woudl have gotten the ammended 1040A....that should be sufficient for NVC processing of AOS. Should be no problem, if this is the case.

[brnidokiegurl 0]

u were lucky not everyone gets number quickly and at this point they are at nvc and wanting to finish quiickly...to speed file seperate and get it over with..then amend as much as two year later when you are here and have social security number

[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..

if u were denied number it may still read as originally sent but within the system it has been changed to reflect otherwise and if he was to get return it will be less than originally stated both federal and state returns

ya he got both federal and state tax return..

and he didnt FILE LATE...

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.

HUH was this necessary???

the tardiness of him filing his tax retursn, si what I mean. The IRS does not like tardiness with tax filings.

Take not offense to that; I would just not like to see you have to pay more to the IRS, because the tax returns are late.

he didnt file late..

not saying he file late, and im sure he did get both but you go back and ck or ask irs and you will prob see they amended the return within the system to not show jointly and he prob would have gotten letters explaining this at the time

Exactly, if filed before April 15th and filed joint...the IRS would have ammended to married seperat, spent the tax return check, and he woudl have gotten the ammended 1040A....that should be sufficient for NVC processing of AOS. Should be no problem, if this is the case.

Publication 519 U.S. Tax Guide for Aliens...this should answer all your questions.

http://www.irs.gov/publications/p519/index.html

[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..

if u were denied number it may still read as originally sent but within the system it has been changed to reflect otherwise and if he was to get return it will be less than originally stated both federal and state returns

ya he got both federal and state tax return..

and he didnt FILE LATE...

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.

HUH was this necessary???

the tardiness of him filing his tax retursn, si what I mean. The IRS does not like tardiness with tax filings.

Take not offense to that; I would just not like to see you have to pay more to the IRS, because the tax returns are late.

he didnt file late..

not saying he file late, and im sure he did get both but you go back and ck or ask irs and you will prob see they amended the return within the system to not show jointly and he prob would have gotten letters explaining this at the time

Exactly, if filed before April 15th and filed joint...the IRS would have ammended to married seperat, spent the tax return check, and he woudl have gotten the ammended 1040A....that should be sufficient for NVC processing of AOS. Should be no problem, if this is the case.

Opps, I meant SEND the tax return check..please excuse my poor typing skills.

[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..

if u were denied number it may still read as originally sent but within the system it has been changed to reflect otherwise and if he was to get return it will be less than originally stated both federal and state returns

ya he got both federal and state tax return..

and he didnt FILE LATE...

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.

HUH was this necessary???

the tardiness of him filing his tax retursn, si what I mean. The IRS does not like tardiness with tax filings.

Take not offense to that; I would just not like to see you have to pay more to the IRS, because the tax returns are late.

he didnt file late..

not saying he file late, and im sure he did get both but you go back and ck or ask irs and you will prob see they amended the return within the system to not show jointly and he prob would have gotten letters explaining this at the time

Exactly, if filed before April 15th and filed joint...the IRS would have ammended to married seperat, spent the tax return check, and he woudl have gotten the ammended 1040A....that should be sufficient for NVC processing of AOS. Should be no problem, if this is the case.

no we didnt spent the money. a check was delivered to my MIL address like 2 months ago and it was still there until now. he cant do anything yet because he is deployed.. I will ask him to call IRS and clarify things as soon as he gets back in the states..

and he did file his 2007 taxes using turbo tax, i was just relaying what i SAW on his tax return ..

AND NO HE IS NOT TARDY!!

Edited November 17, 2008 by ruby_jade

[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..

if u were denied number it may still read as originally sent but within the system it has been changed to reflect otherwise and if he was to get return it will be less than originally stated both federal and state returns

ya he got both federal and state tax return..

and he didnt FILE LATE...

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.

HUH was this necessary???

the tardiness of him filing his tax retursn, si what I mean. The IRS does not like tardiness with tax filings.

Take not offense to that; I would just not like to see you have to pay more to the IRS, because the tax returns are late.

he didnt file late..

not saying he file late, and im sure he did get both but you go back and ck or ask irs and you will prob see they amended the return within the system to not show jointly and he prob would have gotten letters explaining this at the time

Exactly, if filed before April 15th and filed joint...the IRS would have ammended to married seperat, spent the tax return check, and he woudl have gotten the ammended 1040A....that should be sufficient for NVC processing of AOS. Should be no problem, if this is the case.

no we didnt spent the money. a check was delivered to my MIL address like 2 months ago and it was still there until now. he cant do anything yet because he is deployed.. I will ask him to call IRS and clarify things as soon as he gets bank in the states..

and he did file his 2007 taxes using turbo tax, i was just relaying what i SAW on his tax return ..

AND NO HE IS NOT TARDY!!

sorry, i meant send, not spent, my poor typing.

I hope he is safe, wherever he is deployed. I am an Army Veteran myself. Serving during the Gulf War, in Somalia, and in Bosnia...then a humanitarian mission in Cuba.

Will keep him in my prayers.

[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..

Maybe I am misreading, but I thought "NVC and they told that my hubby really needs to file his tax for 2007".this meant he has yet to file his 2007 tax returns. Am I mistaken?

the first called i did,the operator said "extension" will be okay but when i called again,the operator then said my husband really has to file his 2007, extension is not accepted..

[Boorai 0]

Xylide:

not matter what he MUST file his 2007 tax returns. You will process no further without that.

How he decides file depends on what is important to the both of you.

Married but seperate will not require the ITIN and he can complete his 1040, mail it off, and await IRS response.

If filing married, joint..then you will have to process an ITIN and wait for that response once that number gets processed then he can file married/joint..but he would also need proof of your income from PI; if you have any. That will need to be added to his 1040, along with the ITIN, then he can send that to the IRS and wait for processing...then once he gets a response from teh IRS...his complete 1040 from them...he can then send that to NVC for AOS processing.

Depends on what is important to you.......the time or the money.

I hope it goes well for you.

[xylide 2]

Xylide:

not matter what he MUST file his 2007 tax returns. You will process no further without that.

How he decides file depends on what is important to the both of you.

Married but seperate will not require the ITIN and he can complete his 1040, mail it off, and await IRS response.

If filing married, joint..then you will have to process an ITIN and wait for that response once that number gets processed then he can file married/joint..but he would also need proof of your income from PI; if you have any. That will need to be added to his 1040, along with the ITIN, then he can send that to the IRS and wait for processing...then once he gets a response from teh IRS...his complete 1040 from them...he can then send that to NVC for AOS processing.

Depends on what is important to you.......the time or the money.

I hope it goes well for you.

thank you very much sir..

im on a thinking now, to which is important, time or the money..

time- file separate.. money-file joint... but how much $$$ will be saved if file jointly? just getting an idea...

[Boorai 0]

ok:

if one files married, seperate the standard deduction is.....$5350

if one files married, joint the standard deduction is....$10,700

These are the amounts that can be deducted from the total income for the year. It dependes upon which tax bracket he would fall under, based upon his total income and then after dedcutions. Does not mean that he will pocket an extra $5350...the afore mentioned determines those totals.

He can file you and your child/children as exemption which would all be a tax credit.

I was in your position last tax year and I could not file jointly b/c no ITIN and no SSN yet, as my wife and child are not here yet. And this year I will have to do the same, still no ITIN and no SSN. So, I am sacrificing that money in order to have a simple processing of CR1 and also to NOT include my wife's income, which would throw us into a higher tax bracket and(potentially) have to pay more taxes.

I wish that I could give you a single "yes or no" answer...its such an individual choose and thoe factors change alot from person to person.

I think that if you want to process as quickly as possible through NVC and reunite with you hubby..just have him file his 2007 tax married yet seperate. But have him get the documents for the ITIN and process that on the side, unrelated to the the VISA process.

[TVN 0]

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..

If you really want to speed it up, do not care about dollarwise gain & loss for now.

Ask him to file separately. He does not need TIN for you whatever. Your name needs not to be in his 2007 tax return even if he supported you financially. What they are requiring is to have him filing

2007 US-1040 tax return. After he submits the 2007-US1040, he send its copy to NVC. Technically, they should accept it. If they still do not accept this copy, ask IRS for the 2007 tax transcript by calling (See instruction on James 's shortcut for how to do it). It will take a week to get the tax transcript.

You should resolve this matter within a month following this path. Good luck

[thirdsjen 0]

hi xylide.. sorry to hear about the sticky mess you are both in.. i got married 12-21-07 so i still filed single then. pretty straightforward.

question for the "experts" here: but since the start of this year 2008, i am still a claim 0. should have i claimed my husband even though he is not here yet or just wait until he gets here next month (hopefully! his interview is today) and then file my 2008 as married filing jointly, since he probably would have his SSN by then.. i suck at tax lingo..

[cmnb 0]

hi xylide.. sorry to hear about the sticky mess you are both in.. i got married 12-21-07 so i still filed single then. pretty straightforward.

question for the "experts" here: but since the start of this year 2008, i am still a claim 0. should have i claimed my husband even though he is not here yet or just wait until he gets here next month (hopefully! his interview is today) and then file my 2008 as married filing jointly, since he probably would have his SSN by then.. i suck at tax lingo..

Jen, if you declare yourself as married on ur W2, you will get a tax credit. if ur hubby gets here before the end of the year, definately file married filing jointly...ull get a nice tax break as he wont have any or much income in the US. if i were you i would have him get here before the end of the year so you can get a nice break.

[brnidokiegurl 0]

if i understand what i read before if you married even the last day of the year you are married that year (the whole year) so if u married 07 you should have said married....how many you claim at your work is your choice..0 they will take more, 1 take less 2 less etc etc then at tax time you have to claim exact amount 0 for the year and they take alot, then maybe you will say 2 at tax time you will get more back. For mine i say married but withholding at a sgl rate, all of this is pretty much covered along with the requirements for the itn number on the irs website. Taxes can go back a couple of years also and do amended returns alot of times with the revisions getting money back

[thirdsjen 0]

even while filing single i still get a nice tax break every year since i own a house.. my take home just sucks since i claim 0 and i have a pretty good job.. they take out so much every pay period i just want to scream but this is life... but i would have liked to take home a little bit more.. can you imagine losing $1,000 in taxes every pay period???

so, i could have filed married for 2007? my tax lady didn't mention a thing about that.. but then if i had filed married for 2007, i would have had to get that ITIN thingy or whatever.. what i forgot to do since the beginning of this year was to claim 1.. retard!

but i will have him come here before the year is over then i can claim him.. i hope..

i had no problems with the AOS anyway. i gave them not only my 2007 ITR but as well as '05 and '06. all filed SINGLE...