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Aschenbecher

Income tax return 2011?

By Aschenbecher in IR-1 / CR-1 Spouse Visa Process & Procedures

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Aschenbecher Collaborator

Aschenbecher   16

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

Wife is filing her 2011 Income tax , we are confused do we file jointly ? i mean i dont live in USA but we have been married since April 2011.

How does it work in our case ? She says i have to get a ITIN from IRS so she can fill me in as her spouse. I dont think this applies to me as i have never lived in USA and i dont earn from US.

what do others think ?

5/1/2022 - Filed I-130 For Mom

5/1/2022 - NOA1

Ryan H Grand Master

Ryan H   3,851

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

In order for your wife to file jointly, an ITIN for you is required; it doesn't matter if you have never lived in or earned money from the US.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

lubnajavid Enthusiast

lubnajavid   20

Posted
Filed: Citizen (pnd) Country: Pakistan
 Timeline
Posted (edited)

You and your wife are in the same situation my wife and I are in....except i am the petitioner and am in the USC.

She should file married - there are two options -

married filing jointly which requires a W-7 to be completed by you (application for a tax number known as the ITIN)

married filing separately - which will not require an ITIN or a W-7

The W-7 requires certain documentation - see the IRS website - look up W-7 on www.irs.gov

Obviously the joint approach will give you a higher chance of paying less taxes whereas filing separately will likely mean her taxes will be the same or similar as filing single.

I have a notarized copy of my wifes passport - i will be filing a W-7 and filing jointly.

IF the IRS requires further evidence of her being my spouse and being an overseas resident - they will ask for it. Accoring to an IRS agent i spoke with in person this past week, they will ask for this 4 to 6 weeks after i file. I will have 45 days to provide what they want and if i dont - they will file my taxes as "married filing separately"

EDIT:

forgot to add - you can go back and file an ammended return within 3 years for the tax refund if you want it.

Edited by lubnajavid

NOA1 August 3 2011
NOA2 April 14 2012
NVC receipt May 17 2012

Case upgrade request sent via email April 3 2013

Case upgraded by NVC from F2A to CR1 April 19 2013

Interview June 6th 2013 - APPROVED - case upgraded to IR1 at time of interview based on time married

Visa in hand June 10th 2013

IV fee paid using ELIS June 17th 2013

POE Houston July 15th 2013

GC arrived in mail Aug 12th 2013

SSN card arrived in mail Aug 19 2013 (1 week after applying)

OnionsJester Contributor

OnionsJester   1

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted

I'm confused by this now.

I had a K1 visa and went to the US for 4 months before having to come home to get cancer treatment - I got a social security number while I was there, but was not authorized to work (and never did).

Does my US citizen wife need one of these from me? It sais on the W-7 to not submit one if I am eligible for a social security number.. which I'm not, technically, anymore, but I still have one.

Um.. help?

Aug 20 2010 - NOA1 received.
Feb 08 2011 - NOA2 email received.
Apr 27 2011 - Interview attended at US Embassy, visa approved :D!
May 26 2011 - Arrived in the USA
Aug 02 2011 - Married!
Aug 24 2011 - Diagnosed with cancer
Aug 26 2011 - Applied for IR1/CR1 visa
Aug 31 2011 - NOA1!
Sep 03 2011 - Moved back to the UK
Feb 20 2012 - Wife flew back to the USA
Mar 03 2012 - NOA2!
Mar 23 2012 - NVC received file
Jul 15 2012 - NVC approved, sent to embassy

2012 - Approved, flew back to USA!

Sep 29 2014 - Applied for removal of conditions.

Apr 20 2015 - RFE1 on removal of conditions.

Ryan H Grand Master

Ryan H   3,851

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Does my US citizen wife need one of these from me? It sais on the W-7 to not submit one if I am eligible for a social security number.. which I'm not, technically, anymore, but I still have one.

Since you have an SSN, that is the number your wife would use.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

OnionsJester Contributor

OnionsJester   1

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted

Since you have an SSN, that is the number your wife would use.

Alright, makes sense. When I speak to her next I'll make sure she remember she's married now :D.

Aug 20 2010 - NOA1 received.
Feb 08 2011 - NOA2 email received.
Apr 27 2011 - Interview attended at US Embassy, visa approved :D!
May 26 2011 - Arrived in the USA
Aug 02 2011 - Married!
Aug 24 2011 - Diagnosed with cancer
Aug 26 2011 - Applied for IR1/CR1 visa
Aug 31 2011 - NOA1!
Sep 03 2011 - Moved back to the UK
Feb 20 2012 - Wife flew back to the USA
Mar 03 2012 - NOA2!
Mar 23 2012 - NVC received file
Jul 15 2012 - NVC approved, sent to embassy

2012 - Approved, flew back to USA!

Sep 29 2014 - Applied for removal of conditions.

Apr 20 2015 - RFE1 on removal of conditions.

 
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