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angelo gutierrez

Tax Return: Filing separately or Single?

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I have a question, I am about to file my tax returns, I am married but my wife is in Philippines so she does not have a social security number yet, we have a pending I-130 petition. My question is do I file as single or married but filing separately? I think I cant file a joint return since she does not have a social security no. yet.

Edited by angelo gutierrez

I-130 (Spouse of USC)

USCIS Stage

July 11 2011: Mailed from APO, AP address

July 16 2011: Delivered in Chicago Lock Box Facility

July 18 2011: Received notification via email with the receipt number NOA 1

July 25 2011: Received NOA1 (hard copy)

August 1 2011: Touched

February 16 2012: Approved!!!! (Received E-Mail from USCIS) NOA 2

It took 213 days before we got our NOA 2

NVC Stage

February 24 2012: NVC received the documents from USCIS

February 24 2012: Sent an email to NVC regarding DS 3032 (Assign an Agent)

February 27 2012: Case number assigned by National Visa Center

February 28 2012: Received an email from NVC telling me that they already received my DS 3032 (Assign an Agent) Now waiting for IIN

February 28 2012: Called NVC and I got my Invoice ID number, they told me to wait for the email before I can pay for it

February 29 2012: Received I-864/DS230 Invoice via E-Mail

February 29 2012: Paid I-864/IN PROCESS

February 29 2012: I-864 mailed from APO address (overseas)

March 1 2012: I-864 showing as PAID on the website

March 5 2012: I-864 Delivered at NVC (Portsmouth, NH)

March 8 2012: I-864 Approved!

April 8 2012: Sent DS 230

April 13 2012: Paid IV Bill (IN PROCESS)/NVC Received DS 230

April 17 2012: IV Bill showing as Paid on the website

May 3 2012: Case Completed (Interview date scheduled for 8th June 2012)

June 8 2012: Interview APPROVED!

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Filed: Country: Vietnam (no flag)
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I have a question, I am about to file my tax returns, I am married but my wife is in Philippines so she does not have a social security number yet, we have a pending I-130 petition. My question is do I file as single or married but filing separately? I think I cant file a joint return since she does not have a social security no. yet.

You cannot file as single. You are married.

You file married filing separately.

To file as married filing jointly, your wife can obtain an ITIN (google IRS ITIN foreign spouse) to file with you. She would need to choose to be taxed as a US taxpayer. She would need to include her income.

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You cannot file as single. You are married.

You file married filing separately.

To file as married filing jointly, your wife can obtain an ITIN (google IRS ITIN foreign spouse) to file with you. She would need to choose to be taxed as a US taxpayer. She would need to include her income.

She does not have an income since she is a full time student.

Can she get iTin even if she does not have a US visa yet? Can she get iTin even if she is currently staying in Philippines?

I-130 (Spouse of USC)

USCIS Stage

July 11 2011: Mailed from APO, AP address

July 16 2011: Delivered in Chicago Lock Box Facility

July 18 2011: Received notification via email with the receipt number NOA 1

July 25 2011: Received NOA1 (hard copy)

August 1 2011: Touched

February 16 2012: Approved!!!! (Received E-Mail from USCIS) NOA 2

It took 213 days before we got our NOA 2

NVC Stage

February 24 2012: NVC received the documents from USCIS

February 24 2012: Sent an email to NVC regarding DS 3032 (Assign an Agent)

February 27 2012: Case number assigned by National Visa Center

February 28 2012: Received an email from NVC telling me that they already received my DS 3032 (Assign an Agent) Now waiting for IIN

February 28 2012: Called NVC and I got my Invoice ID number, they told me to wait for the email before I can pay for it

February 29 2012: Received I-864/DS230 Invoice via E-Mail

February 29 2012: Paid I-864/IN PROCESS

February 29 2012: I-864 mailed from APO address (overseas)

March 1 2012: I-864 showing as PAID on the website

March 5 2012: I-864 Delivered at NVC (Portsmouth, NH)

March 8 2012: I-864 Approved!

April 8 2012: Sent DS 230

April 13 2012: Paid IV Bill (IN PROCESS)/NVC Received DS 230

April 17 2012: IV Bill showing as Paid on the website

May 3 2012: Case Completed (Interview date scheduled for 8th June 2012)

June 8 2012: Interview APPROVED!

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Filed: IR-1/CR-1 Visa Country: China
Timeline

ITIN, already. Good Luck !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: Country: Vietnam (no flag)
Timeline

She does not have an income since she is a full time student.

Can she get iTin even if she does not have a US visa yet? Can she get iTin even if she is currently staying in Philippines?

Yes. She can get an ITIN even though she is an non-resident alien.

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