US citizen filed for IR-1/CR-1 VISA for spouse - Tax return question

[rsgk 1]

Hi All,

I filed my 2011 taxes as Married filed jointly because I got married in 2011 (spouse in India). I thought I had to file Married filing jointly since I am married and not single anymore. I also submitted w-7 for ITIN for the spouse?

Is this right way to do it? or I could have filed Single...

I attached copy of passport as proof of documentation for W-7 form (application for ITIN)

My USCIS petition just got approved. but ITIN application for spouse got rejected. They need identification docs/passport notorized by US notary? Spouse is abroad and the original passport is with her.

Please share your experiences on how did you all file taxes Single/Married? What documents did you all send if filed Married Jointly?

Thank you.

[jkelly07 120]

if you married in 2011 then you file your taxes as married jointy.did you file for extension on your taxes for 6 months an amanded, so you don't get a late charge intrest,you did the right thing with the itin number, when it comes file the returns to the same address you got the itin number in austin texas. thats the itin department that handles w-7 and itin good that you file as married jointly, you get a better refund, and is good for evidence being married you will need that for removal of conditions later.

[Julie y Pat 67]

For the passport copy, you should have it notarized in India, and then have an apostille attached to it.

[rsgk 1]

if you married in 2011 then you file your taxes as married jointy.did you file for extension on your taxes for 6 months an amanded, so you don't get a late charge intrest,you did the right thing with the itin number, when it comes file the returns to the same address you got the itin number in austin texas. thats the itin department that handles w-7 and itin good that you file as married jointly, you get a better refund, and is good for evidence being married you will need that for removal of conditions later.

Thanks for the quick response.

I filed the taxes on time and hence didn't file for extension. I did it through a tax accountant.

But I got a letter today stating the identification documents for spouse need to notorized by US notary. I had attached a copy of her passport page with biographic information/parents info/also has her picture on it.

Please share what documents are you all attaching with W-7 when requesting an ITIN for spouse living abroad, whose immigration is pending....

Thanks in advance for your help.

[rsgk 1]

For the passport copy, you should have it notarized in India, and then have an apostille attached to it.

The passport copy I attached is notarized in India but they are requesting a US notary.

[Julie y Pat 67]

the notarized copy needs an apostille attached, which must be obtained in India. check out the instructions, the whole Hague Convention stuff, and it says you need apostille

Edited April 30, 2012 by Julie y Pat

[navchusu11 5]

The passport copy I attached is notarized in India but they are requesting a US notary.

I had almost the same experience what you have.

I am not sure about India but Nepal is not listed in Hague Convention. So, Apostille is not officially Valid. that might be the reason IRS is looking for US notary.

When W-7 was rejected, I visited a local IRS office. What I learned is; they can process W-7 but you have to have your spouse's Passport which is not an option in your case as mine ( Original Passport being with Spouse). So, I dropped the idea to pursue ITIN. Only difference between our situation : I was waiting for ITIN to file tax returned as married filing jointly. When they rejected the W-7, I filled 2011 tax returned as married filing single. Good thing is even you file as married filing single, you have to list your spouse name which should serve as one of the evidence of marriage. When your spouse gets here, 1040X should be filled which gives you the same ( considering late charge Interest is minimum) refund at the end as filing married jointly...just one more step....

my understanding: as we tried to get ITIN number but did not get it, we have to mail the tax returned. E-filing is limited due to not having spouse's ITIN number and system does not allow to submit online.

In AOS checklist, it is mentioned that W-2 along with 1040A is also considered as tax returned proof. So, I am planning to submit W-2 and 1040A for 2011 and tax transcript for 2010 and 2009. Hope it works...

[Darnell 8,479]

well, she's not using her passport anytime in the next few months, right?

I say have her send it to you,

then you take it to a bank, have notarized copies made here in the USA,

then send it all in again.

[rsgk 1]

the notarized copy needs an apostille attached, which must be obtained in India. check out the instructions, the whole Hague Convention stuff, and it says you need apostille

where can get instructions on apostille and Hague Convention Stuff....

Also If I have her send me the original passport and get the passport copy notarized here, do I still need apostille ?

Thank you.

Edited April 30, 2012 by rsgk

[navchusu11 5]

well, she's not using her passport anytime in the next few months, right?

I say have her send it to you,

then you take it to a bank, have notarized copies made here in the USA,

then send it all in again.

Yeah thats the solution but might not be the best option at this time.

It might delay the whole NVC process specially when I-130 Petition is already approved by USCIS. I am planning to brief my spouse about the situation just in case, if she is questioned during the interview. Personally, I see I - 864 as financial document rather than relation oriented. So, if there is no other red flags about the relation, marriage filing single should not delay the process. Hope I am right though...lol. ....I am still on WAITING GAME.....

[rsgk 1]

Yeah thats the solution but might not be the best option at this time.

It might delay the whole NVC process specially when I-130 Petition is already approved by USCIS. I am planning to brief my spouse about the situation just in case, if she is questioned during the interview. Personally, I see I - 864 as financial document rather than relation oriented. So, if there is no other red flags about the relation, marriage filing single should not delay the process. Hope I am right though...lol. ....I am still on WAITING GAME.....

Sorry didn't understand your response

What are my options?

Get the original passport and get is notarized here

or

Amend the file return and File Married Filing Single?

[rsgk 1]

Yeah thats the solution but might not be the best option at this time.

It might delay the whole NVC process specially when I-130 Petition is already approved by USCIS. I am planning to brief my spouse about the situation just in case, if she is questioned during the interview. Personally, I see I - 864 as financial document rather than relation oriented. So, if there is no other red flags about the relation, marriage filing single should not delay the process. Hope I am right though...lol. ....I am still on WAITING GAME.....

Sorry didn't understand your response

What are my options?

Get the original passport and get is notarized here

or

Amend the file return and File Married Filing Single?

[Justin&Alicya 0]

Yeah thats the solution but might not be the best option at this time.

It might delay the whole NVC process specially when I-130 Petition is already approved by USCIS. I am planning to brief my spouse about the situation just in case, if she is questioned during the interview. Personally, I see I - 864 as financial document rather than relation oriented. So, if there is no other red flags about the relation, marriage filing single should not delay the process. Hope I am right though...lol. :innocent: ....I am still on WAITING GAME.....

Sorry didn't understand your response

What are my options?

Get the original passport and get is notarized here

or

Amend the file return and File Married Filing Single?

I think what he means is that as long as you aren't having problems proving that you are married, then you shouldn't have to go through the extra work involved with filing Married Filing Jointly. Maybe you can just amend the return and file as Single. That is what I did (We got married in 2011, but I just filed as Single) and I also think that should be okay.

Maybe some other members who have experience in this area could give us some input on this?

[bestofboston 36]

File for an extension. Once she is here in the USA, obtain Socail Security number and then file return. That is what I did.

[jkelly07 120]

i had my wife download the w-7 form she filled it out an sign it an sends it to me,with your w-7 a copy of your us passport, a copy of your marriagecertificate.here in the u.s go to get it notarized,- you don't need the the apostille.send it to the address in austin tx. they will send you a number to put on your tax return. you can not use that number for any thing else.an when you get your social sercurity card you must notify the IRS,itin department,they will send you a letter to comfirim that number no longer in use.