NVC Filers - February 2012

[Rujby 23]

I have no idea why tax preparers keep telling people this...

If you're married.. you file married. Period. You can do it Joint, or Separately, but not Single.

It could lead to questions at interview time as to why she filed single when she was married. It looks like she is trying to keep things separate that really ought not be. Thus, it casts a shadow in the eyes of some VOs.

Have an answer for that question or possibly better yet, give it before asked.

No this is not that, my wife is not such a person, she was told to do so and they guy told her as reason: your husband is not yet in the US

[VisaJourney2011 14]

As for me the said i can't file married jointly cuz my wife is not here yet. When she gets here then do amend for 2011 tax.

so for interview, we'll simply state that Tax Service location said to do it this way. They are the professional, right....!!

I have no idea why tax preparers keep telling people this...

If you're married.. you file married. Period. You can do it Joint, or Separately, but not Single.

It could lead to questions at interview time as to why she filed single when she was married. It looks like she is trying to keep things separate that really ought not be. Thus, it casts a shadow in the eyes of some VOs.

Have an answer for that question or possibly better yet, give it before asked.

Edited February 17, 2012 by VisaJourney2011

[foobaz123 39]

No this is not that, my wife is not such a person, she was told to do so and they guy told her as reason: your husband is not yet in the US

I believe she isn't such a person. You know she isn't.

None of that matters to the VO. Consider how it looks to them. They're looking through your tax returns, and see that instead of getting the massive tax deduction for filing married she filed as if you and she weren't married. Why? Why would she do that?

Do you see what I'm saying?

[Rujby 23]

I believe she isn't such a person. You know she isn't.

None of that matters to the VO. Consider how it looks to them. They're looking through your tax returns, and see that instead of getting the massive tax deduction for filing married she filed as if you and she weren't married. Why? Why would she do that?

Do you see what I'm saying?

Well she was told to do so and we didn t know that would have incidence on the case. The guy's reason make sense too but we didn t know its incidence on the process.

[foobaz123 39]

As for me the said i can't file married jointly cuz my wife is not here yet. When she gets here then do amend for 2011 tax.

so for interview, we'll simply state that Tax Service location said to do it this way. They are the professional, right....!!

Hopefully that answer satisfies them.

For the benefit of anyone else who reads this thread later... Never file taxes as Single if you're married and trying to get a visa for your spouse. It looks terrible to the VO.

If someone else is preparing your taxes and they try and insist that you have to file single, tell them to pound sand and find someone else to do your taxes.

The proper process is to file as either Married Jointly, or Married Separately, and attach a W-7 to get an ITIN.

[foobaz123 39]

Well she was told to do so and we didn t know that would have incidence on the case. The guy's reason make sense too but we didn t know its incidence on the process.

I realize she was told that and she just followed their advice. Just keep in mind that this could very well come up during the interview and be prepared for it.

[Rujby 23]

Hopefully that answer satisfies them.

For the benefit of anyone else who reads this thread later... Never file taxes as Single if you're married and trying to get a visa for your spouse. It looks terrible to the VO.

If someone else is preparing your taxes and they try and insist that you have to file single, tell them to pound sand and find someone else to do your taxes.

The proper process is to file as either Married Jointly, or Married Separately, and attach a W-7 to get an ITIN.

I do not think it would cause a problem or could result to a visa denial. I do not think we the only people who did so. I am sure millions of cases before us were similar and didn t result to a denial. I have never seen that on VJ, well for the time i have been on VJ

[VisaJourney2011 14]

Hi foobaz:

So is this the correct step?

Mail 1, 2, 3 to spouse to get their signature, and mail back to me (USC)

1) File as married jointly 1040

2) File W-7

3) Setup a declaration letter (6013(g) letter)?

Also the spouse has to mail back:

4) Notorised passport of NRA

Once i get all 4 documents from my spouse, myself sign 1040 and

Mail all 4 to :

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

I realize she was told that and she just followed their advice. Just keep in mind that this could very well come up during the interview and be prepared for it.

[foobaz123 39]

Hi foobaz:

So is this the correct step?

Mail 1, 2, 3 to spouse to get their signature, and mail back to me (USC)

1) File as married jointly 1040

2) File W-7

3) Setup a declaration letter (6013(g) letter)?

Also the spouse has to mail back:

4) Notorised passport of NRA

Once i get all 4 documents from my spouse, myself sign 1040 and

Mail all 4 to :

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

Yes, as I understand it that is correct. However, if you've the capacity to do so and would like to save some time, you could print the documents above to PDF and email them to your spouse. Then she'd print, sign and mail the entire package to you. That way you cut out one leg of the process.

[July15 4]

I have no idea why tax preparers keep telling people this...

If you're married.. you file married. Period. You can do it Joint, or Separately, but not Single.

It could lead to questions at interview time as to why she filed single when she was married. It looks like she is trying to keep things separate that really ought not be. Thus, it casts a shadow in the eyes of some VOs.

Have an answer for that question or possibly better yet, give it before asked.

No. No. No. No.

What they're saying makes sense from the perspective of getting you the refund as quick as possible and simplifying the filing process. It also looks terrible from the perspective of a VO.

It might even be better to just file an extension and delay filing at all than to file as single.

Same answer to you as to the last person... have an answer ready for the VO when they ask about this.

BINGO! Yes, that's why I filed MFJ. It can create a problem at interview.

[VisaJourney2011 14]

Hey guys,

Just curious what are my options now to change this to MFJ?

the tax service already mailed my fed (single) and state (single).

Yes, as I understand it that is correct. However, if you've the capacity to do so and would like to save some time, you could print the documents above to PDF and email them to your spouse. Then she'd print, sign and mail the entire package to you. That way you cut out one leg of the process.

BINGO! Yes, that's why I filed MFJ. It can create a problem at interview.

[July15 4]

Hi foobaz:

So is this the correct step?

Mail 1, 2, 3 to spouse to get their signature, and mail back to me (USC)

1) File as married jointly 1040

2) File W-7

3) Setup a declaration letter (6013(g) letter)?

Also the spouse has to mail back:

4) Notorised passport of NRA

Once i get all 4 documents from my spouse, myself sign 1040 and

Mail all 4 to :

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

Yes, that's exactly what I did. I also included a copy of our marriage certificate.

[foobaz123 39]

Hey guys,

Just curious what are my options now to change this to MFJ?

the tax service already mailed my fed (single) and state (single).

I'm not certain you can at this point. At least not in time for it to matter. You could file an amended return and hope it gets back in time. If not, then just be prepared to answer questions and have a copy of the amended return on hand (along with supporting documents).

[Rujby 23]

Hey guys,

Just curious what are my options now to change this to MFJ?

the tax service already mailed my fed (single) and state (single).

Try to look what other member say about it and you will decide what to do. do not panick. I just pust a question to the forum about it. There, everybody will be able to see it and give their opinions

[foobaz123 39]

Yes, that's exactly what I did. I also included a copy of our marriage certificate.

Unfortunately, I forgot the declaration letter...

I'm calling the IRS now to see if it really is necessary or if the W-7 by itself will do the job. Worse case, the wife will have to send me another over night package. At least it isn't terribly expensive from China!