Wife Filed tax 2011 as Single, is there impact on Visa issuance

[J e n n y 26]

People, people- I was in the same boat as the original poster. I filed my 2010 taxes single and low and behold, my husband is here with me in Florida and has been here since May of last year.

[Gaijinsan 3]

You can do an amend anytime after filing, just remember that an amend to be processed by IRS takes a few months (4-5). I did one in 2008 and it took for ever to get my return.

I guess there is no time limitation to file an amended return, but there is a time limit to claim a refund via an amended return (3 years from the original due date, generally). The IRS has three years from the date you filed your return to audit you or assess additional liabilities.

Let me say again that I think some people are making too big an issue out of this vis-a-vis immigration.

[Rujby 23]

People, people- I was in the same boat as the original poster. I filed my 2010 taxes single and low and behold, my husband is here with me in Florida and has been here since May of last year.

Ok thank you to inform me, I am no longer worried as plenty of members here and some of my family filed single by the time their were in the process of getting their spouse in the US. I am cool and calm down now

[hindustani24 7]

If you filing your Tax with your spouse ITIN then how you do with State Tax, what you tell them that you applied for ITIN? do you send same ITIN application with State return?

This is confusing to me, please help.

For state tax, i just filed for extension and filed state tax when my wife came and got her SSN.

[H&I 6]

Greetings,

My wife filed her tax of 2011 as single. She was advised to do so by the local office. The guy give as reason: your husband is not yet in the US. Will that cause a problem people?

Thank you in advance for your opinions.

Oh wow... I talked to IRS for an hour... and she told me to file married/separated... and put NRA on SS# for my spouse who is not in US yet... BUT his visa has been approved... we are just waiting for it... maybe that's why..... I would go with what you were told IF you trust that source.

[VisaJourney2011 14]

Today I went back to my Local tax service place and filled out the 1040X amended (Married Filing Jointly) + W-7.

Today or tomorrow, i'll email all the documents to my NRA spouse so she can sign and snail mail back to me (1040X, W-7 + Notorised foreign passport + W-7 declaration letter). .

Then i'll mail it to all to

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

ps: i don't mind getting my returns late as i would like to present the 1040X showing married filing jointly status to NVC.

In process i'll also get her to sign and mail DS-230 and DS-3032 to me

In anycase, i hope you guys don't come across any issues at the interview or any where else.

Best wishes!

Ok thank you to inform me, I am no longer worried as plenty of members here and some of my family filed single by the time their were in the process of getting their spouse in the US. I am cool and calm down now

Oh wow... I talked to IRS for an hour... and she told me to file married/separated... and put NRA on SS# for my spouse who is not in US yet... BUT his visa has been approved... we are just waiting for it... maybe that's why..... I would go with what you were told IF you trust that source.

Edited February 20, 2012 by VisaJourney2011

[hindustani24 7]

Today I went back to my Local tax service place and filled out the 1040X amended (Married Filing Jointly) + W-7.

Today or tomorrow, i'll email all the documents to my NRA spouse so she can sign and snail mail back to me (1040X, W-7 + Notorised foreign passport + W-7 declaration letter). .

Then i'll mail it to all to

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

ps: i don't mind getting my returns late as i would like to present the 1040X showing married filing jointly status to NVC.

In process i'll also get her to sign and mail DS-230 and DS-3032 to me

In anycase, i hope you guys don't come across any issues at the interview or any where else.

Best wishes!

Keep in mind that the regular notarized passport copy will not be enough, you will need apostille.

From w7 instructions: http://www.irs.gov/pub/irs-pdf/iw7.pdf

"Have the copies notarized by a foreign notary. However, foreign notaries are only acceptable as outlined by the Hague Convention. The Hague Convention provides for the simplified certification of public (including notarized) documents to be used in countries that have joined the Convention. A certification will be issued in the form of an “apostille,” which will be attached to the copy of the document."

[VisaJourney2011 14]

"Keep in mind that the regular notarized passport copy will not be enough, you will need apostille."

1) Can you please tell me where in Delhi, Can I get this Apostille notorized passport copy?

2) Are you speaking from your experience or by W-7 instruction? just curious

3)is Apostille Notarary same as Certified? My spouse found out about this When she was looking into getting Certified copy.

Please look here for picture i posted of a Certified, it has Apostille on it.

http://www.visajourney.com/forums/topic/345592-qs-on-certified-vs-attested-copies-in-delhi-india-certified-over-rs2000/

4) They guy mentioned to her that this has to be attached on the Original document which doesn't make sense since we want to put on the copy of the original doc (in this particular case: marriage cert)

5) Do you recommend us getting this Apostille/Certified for NVC (Birth certificate and Marriage cert)?

6) The guy quoted her around Rs.2000 per this Certified copy, is this correct? typical cost?

thank you !

Keep in mind that the regular notarized passport copy will not be enough, you will need apostille.

From w7 instructions: http://www.irs.gov/pub/irs-pdf/iw7.pdf

"Have the copies notarized by a foreign notary. However, foreign notaries are only acceptable as outlined by the Hague Convention. The Hague Convention provides for the simplified certification of public (including notarized) documents to be used in countries that have joined the Convention. A certification will be issued in the form of an “apostille,” which will be attached to the copy of the document."

[Derek & Rita 6]

Yes it's a problem. She is married NOT single. She must file "married filing separately" or "married filing joint". Separately would be better if she isn't in the US. She can file for head of household but she STILL needs to file as "married"

This is incorrect. You need to amend your tax returns to file "married filing separately". Aside from it being the proper legal route you should get a bigger return.

Which is incorrect advise for them to give her. They would write "NRA" (for Non-resident Alien) in the SSN section when filing married filing separately.

Almost correct. I suggest the OP read these:

http://www.irs.gov/businesses/small/international/article/0,,id=96467,00.html

Married Filing Jointly

Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. However, nonresident aliens married to U.S. citizens or residents can choose to be treated as U.S. residents and file joint returns. For more information on these choices, refer to Nonresident Spouse Treated as a Resident.

http://www.irs.gov/businesses/small/international/article/0,,id=96734,00.html

How to Make the Choice

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following:

A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as US residents for the entire tax year, and

The name, address, and social security number (or individual taxpayer identification number) of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

Now, if the spouse does not have a SSN, you must use the ITIN. What is an ITIN? Idividual Tax ID Number. You'll have to request one, and it takes 6 to 10 weeks. At this point, you'll need to file for an extension as well. You'll need to fill out a W-7 and submit it to get your ITIN.

Edited February 22, 2012 by ToeNailClipper

[hindustani24 7]

"Keep in mind that the regular notarized passport copy will not be enough, you will need apostille."

1) Can you please tell me where in Delhi, Can I get this Apostille notorized passport copy?

2) Are you speaking from your experience or by W-7 instruction? just curious

3)is Apostille Notarary same as Certified? My spouse found out about this When she was looking into getting Certified copy.

Please look here for picture i posted of a Certified, it has Apostille on it.

http://www.visajourney.com/forums/topic/345592-qs-on-certified-vs-attested-copies-in-delhi-india-certified-over-rs2000/

4) They guy mentioned to her that this has to be attached on the Original document which doesn't make sense since we want to put on the copy of the original doc (in this particular case: marriage cert)

5) Do you recommend us getting this Apostille/Certified for NVC (Birth certificate and Marriage cert)?

6) The guy quoted her around Rs.2000 per this Certified copy, is this correct? typical cost?

thank you !

Well i am not sure about the Apostille process in Delhi. I didn't send IRS my wife's passport copy. I had my wife's original birth certificate with me because i needed it for NVC stage so i had it with me at that time and i asked her to mail me her original voter ID. I got these two document notarized in US and attached them with W7 + return.

The picture you posted appears to be an apostille but i am not sure as i did not do it.

check this link: http://www.visajourney.com/forums/topic/307125-apostille-of-passport-copy-for-itin-application-spouse-in-india/

people had their W7 denied because they just sent foreign notarized copy without apostille.

Edited February 22, 2012 by hindustani24

[VisaJourney2011 14]

But to nototize your Wife's Birth Cert and Voters ID in US, wouldn't you need her(the real person) present in US where you got it notorized?

In anycase, i will ask my Wife to get it "Apostille Certified/Notorized". She said it cost around Rs.2000. Pricey if you ask me but no other option.

I don't want her to mail me her real Passport as it could get lost.

Thanks !

Well i am not sure about the Apostille process in Delhi. I didn't send IRS my wife's passport copy. I had my wife's original birth certificate with me because i needed it for NVC stage so i had it with me at that time and i asked her to mail me her original voter ID. I got these two document notarized in US and attached them with W7 + return.

The picture you posted appears to be an apostille but i am not sure as i did not do it.

check this link: http://www.visajourney.com/forums/topic/307125-apostille-of-passport-copy-for-itin-application-spouse-in-india/

people had their W7 denied because they just sent foreign notarized copy without apostille.

[hindustani24 7]

But to nototize your Wife's Birth Cert and Voters ID in US, wouldn't you need her(the real person) present in US where you got it notorized?

noop, i just walked into my bank and got them notarized for free. he didn't even ask who the documents belong to.

[pushbrk 12,878]

noop, i just walked into my bank and got them notarized for free. he didn't even ask who the documents belong to.

Some States allow notaries to attest to a photocopy being an actual photocopy of an original document. Other States only allow them to witness signatures. For a passport, the notary is just attesting to the copy being an authentic copy of an original document they also physically saw.

[Matt1968 13]

Some States allow notaries to attest to a photocopy being an actual photocopy of an original document. Other States only allow them to witness signatures. For a passport, the notary is just attesting to the copy being an authentic copy of an original document they also physically saw.

I brought my wife's passport back with me and had a photocopy notarized in my state.

Matt

[VisaJourney2011 14]

I brought my wife's passport back with me and had a photocopy notarized in my state.

Matt

at a bank?

also they didn't need the real person there (your wife) present to get it notarized?

i guess for me i'll do Apostille notarized, since it is not with me in US