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Posted (edited)
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..

hello, as far as his filing his tax return he doesn't need you to have a ITIN if he can file without you on the return. he can file married filing seperate or single status for this year. doing this will not allow him to claim you as a deduction for this tax year but if this isn't a problem this would probably be the fastest for you since the ITIN can take several months to complete they are very particular about the documents. We had to submit them twice because the red ribbon/ gold seal version of her passport was not clear.

Edited by MMW

IR-1 / CR-1 Visa

Event Date

Service Center : California Service Center

Consulate : Manila, Philippines

Marriage : 2007-05-10

I-130 Sent : 2008-06-30

I-130 NOA1 : 2008-07-09

I-130 Approved : 2009-01-27

NVC Received : 2009-02-02

Received DS-3032 / I-864 Bill : 2009-02-11

DS-3032 E-Mail accepted: 2009-02-11

Pay I-864 Bill 2009-02-14

Receive I-864 Package : 2009-02-14

Return Completed I-864 : 2009-02-18

Return Completed DS-3032 : 2009-02-11

IV Bill generated: 2009-02-11

Receive IV Bill : 2009-02-14

Pay IV Bill : 2009-02-14

Receive Instruction Package : 2009-02-18

NVC received both packages: 2009-02-20

DS-230 & I-864 scanned NVC: 2009-02-23

Case Completed at NVC : 2009-02-26

Interview confirmed: 2009-02-27

NVC Left : 2009-03-06

Consulate Received : 2009-03-09

Medical completed: 2009-03-20

Interview Date : 2009-04-03

Visa Received : 2009-04-07

US Entry : 2009-05-10

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Posted
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..

Xylide:

I suggest to tell him to file his 2007 ASAP. He can file as MARRIED FILING SEPARATELY OR SINGLE the only thing is he can not claim you as his dependent. I believe he wants to get ITIN so he can claim you for tax deductable reasons.

I do my own taxes, i've been married of 5 years, my son is with me and my husband is in the philippines. So even if I am married i claimed myself as SINGLE HEAD OF HOUSEHOLD because my husband is not in the US and i dont send him money. Logically, since my husband works in the Philippines, he should report his income in the Philippines and not in the US - so we do not need to file as MARRIED FILING JOINT nor MARRIED FILING SEPARATE ( i hope that make sense). So for tax purposes I claim SINGLE since my spouse is a nonresident alien.

Also, i believe when claiming dependents theirs a portion in 1040 that ask you how many months in year 2007(filing year) that your dependent was with you. or how many months in 2007 that you were supporting your dependent. So i think it is not much of a difference in tax deduction.

So tell him file NOW and then make an AMENDMENTS later when you come to US, immediately after you received your SSN.

Here's an info about AMENDMENTS:

Amended Returns & Form 1040X

Question: What should I do if I made a mistake on my federal return that I have already filed?

Answer: It depends on the type of mistake that you made. Many mathematical errors are caught in the processing of the tax return itself. If you did not attach a required schedule the service will contact you and ask for the missing information.

If you did not report all your income or did not claim a credit, you are entitled to file an amended or corrected return using Form 1040X (PDF), Amended U.S. Individual Income Tax Return. Include copies of any schedules that have been changed or any Form W-2 (PDF) you did not include. The Form 1040X (PDF) should be submitted after you receive your refund or by the due date of the return, whichever, is earlier. Generally, to claim a refund, the Form 1040X (PDF) must be received within three years after the date you filed your original return or within two years after the date you paid the tax, whichever is later.

Also, here's a link from IRS about Filing late and Paying Late http://www.irs.gov/businesses/small/articl...=108326,00.html

And who knows he might also still qualify to receive an economic stimulus payment from IRS.

Dec. 01, 2005 - Applied I-130 PR

Dec. 08, 2005 - Received NOA1

Sep. 28, 2008 - Called CSC to upgrade I-130 TO IR1

Oct. 08, 2008 - Received a letter from CSC

Oct. 17, 2008 - I-130 petition approved (online)

Oct. 22, 2008 - NOA2 received by mail

Oct. 29, 2008 - DS3032 and AOS generated

Oct. 30, 2008 - DS3032 sent to NVC via email

Nov. 01, 2008 - Receive DS3032 and AOS Bill by mail - DS3032 sent to NVC by mail

Nov. 01, 2008 - Paid AOS online

Nov. 04, 2008 - DS3032 received by NVC

Nov. 04, 2008 - Paid IV Bill online

Nov. 05, 2008 - AOS Document Sent to NVC Overnight

Nov. 12, 2008 - DS230 Documents sent to NVC Overnight

Dec. 08, 2008 - CASE COMPLETE

Feb. 18, 2008 - Medical - PASSED

Feb. 25, 2009 – INTERVIEW – MANILA - PASSED "Thank you Lord"

Apr. 03, 2009 - Finally United after 6 years.

Apr. 15, 2009 - SS card received.

 
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