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

[jkelly07 120]

send your tax returns ONLY TO THIS ADDRESS.internal revenue service,itin operations.mail stop 6090-ausc 3651 so,interregimal hwy 35 austin tx 78741-0000. if you need more assistance call 1-800 -908 9982 or you may write them at internal revenue service p.o box 149342 austin tx 78714-9342.

[babyjk 7]

I'm the foreign beneficiary and my husband applied for a ITIN for me we are still waiting to hear if its approved or not. What my husband did was call the IRS to find out what information was needed and what needed to be done. He told me what he required from me and I complied. I filled out the form and signed it. I made an appointment online at the US embassy here in Bridgetown for notary services. They photocopied my passport page with the biographic information and attached the apostle to it. That cost me US$50 and I posted them to him same day. Then when my husband got in he went to the local IRS office closest to him in NY and submitted the form. Then then sent him H&R Block to get his taxes which he did and then he went back to the local IRS office I can't remember why he had to go back and that was it. My husband filed as married filing separately. Now we are waiting on the ITIN.

Edited April 30, 2012 by babyjk

[navchusu11 5]

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?

Sorry for Confusion

First, W-7 (ITIN) is a temporary number for Social Security Number. When your wife gets here, she will automatically eligible to get SSN.

It is not "MUST" thing you have to have during NVC process. The only consideration is; if you file your tax jointly, it’s one more evident of your relation. So, if you want to get ITIN number the option you have is: Ask your wife to send her original passport and notarized here and send it to Austin, TX office for the process

But in your situation, one important thing plays in role. Your Petition is already approved. If things go smoothly then within next 15 -20 days, you will have your case number and then you have to submit AOS package to things keep rolling. At this point, if you try to get ITIN, it might take up to 2 months ( some gets within less than 3 weeks, they are simply lucky), which delay your process at NVC.

There is nothing wrong to file tax returned as "Married filing Single" as there are a lot of cases where Petitions are approved. If there are other red flags, then it’s totally different game. But Married filing Single vs Married filing jointly should not effect on Outcome of the CASE DECISION, at least, I believe so.

So, it’s your call what you want next. Whether you want to wait to get ITIN and file your tax return or be ready for AOS (file Married Single and do amend when she gets her)

I dont see either way is wrong, its only matter of “DURATION” to complete your PETITION.

[Tygrys 143]

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?

Since the spouse was overseas for all of 2011, he should have filed as Married Filing Separately.

If filing as Married Filing Jointly, the overseas income would have to be included.

Should not file as Single since he is not single.

[Tygrys 143]

Sorry for Confusion

First, W-7 (ITIN) is a temporary number for Social Security Number. When your wife gets here, she will automatically eligible to get SSN.

It is not "MUST" thing you have to have during NVC process. The only consideration is; if you file your tax jointly, it's one more evident of your relation. So, if you want to get ITIN number the option you have is: Ask your wife to send her original passport and notarized here and send it to Austin, TX office for the process

But in your situation, one important thing plays in role. Your Petition is already approved. If things go smoothly then within next 15 -20 days, you will have your case number and then you have to submit AOS package to things keep rolling. At this point, if you try to get ITIN, it might take up to 2 months ( some gets within less than 3 weeks, they are simply lucky), which delay your process at NVC.

There is nothing wrong to file tax returned as "Married filing Single" as there are a lot of cases where Petitions are approved. If there are other red flags, then it's totally different game. But Married filing Single vs Married filing jointly should not effect on Outcome of the CASE DECISION, at least, I believe so.

So, it's your call what you want next. Whether you want to wait to get ITIN and file your tax return or be ready for AOS (file Married Single and do amend when she gets her)

I dont see either way is wrong, its only matter of "DURATION" to complete your PETITION.

There is no such thing as 'Married Filing Single'. What you had in mind, I guess, is 'Married Filing Separately'.

[Julie y Pat 67]

India has been part of the Hague Service Convention since 2006. Have your wife get another notarized copy of her passport bio page, and get an apostille for it, which will verify or authenticate the notary seal. The IRS can verify a US notary, but not one from India. The apostille will verify this for them, and the ITIN will be issued. I don't know why people make it sound like getting an ITIN is such a difficult task, especially with all we are going through with the immigration process. It should be a piece of cake

[Darnell 8,478]

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.....

I fail to see how it would delay anything from I-130 submittal to 'interview day set at NVC' timeticks , to have her passport somewhere in the USA.

After that last timetick, sure, I can understand - she needs her passport to get a PCC and has to throw it into the VFS queue.

[calibob 73]

Acceptance Agents We filed our taxes through an acceptance agent in the Philippines. Since there isn't one in India, maybe one of the firms listed has a branch or office near your wife so she can officially file for the ITIN and file your taxes at the same time. May take a few weeks but it is the safest/most efficient way to do this. Best of luck!!

Bob

[rsgk 1]

Thank you guys for all the responses.

On the IRS notice it says the following

send us:

2 documents that prove your identity and foreign status

1 document must have a photo

Birth Certificate(required if you are under age 18)

Note: If you send a passport, no other document is required. - Are they talking about original passport here or a notarized copy or either?

My question, if I send a US notorized or foreign notary along with Apostille for wife's Indian passport, do I need to send another document to prove identity and foreign status?

Thanks.

[navchusu11 5]

There is no such thing as 'Married Filing Single'. What you had in mind, I guess, is 'Married Filing Separately'.

My bad....Definitely its Married Filing Saparetely.....

[rsgk 1]

My bad....Definitely its Married Filing Saparetely.....

Now if I want to file "Married Filing Separately"...

Can I e file via turbo tax?

Do I need to do an amended return for 2011 (originally submitted as Married Filing JOint(W7-ITIn ....) for file as Married Filing Separately or a new 1040 with no amendment?

Does Married Filing Separately not require foreign spouse SSN or ITIN?

Do I need to contact the IRS austin Texas office (where I filed original return along with W7 ITIN) to drop my original return or no need to contact them

and just file new return?

Many thanks for your help.

[navchusu11 5]

Thank you guys for all the responses.

On the IRS notice it says the following

send us:

2 documents that prove your identity and foreign status

1 document must have a photo

Birth Certificate(required if you are under age 18)

Note: If you send a passport, no other document is required. - Are they talking about original passport here or a notarized copy or either?

My question, if I send a US notorized or foreign notary along with Apostille for wife's Indian passport, do I need to send another document to prove identity and foreign status?

Thanks.

Passport is consider as proof of Identity and foreign Status at same time, so you don't have to add any other documents.

You can send your paper work ( Passport) either one of the listed method

1. Orignial Passport or

2. US Notorized or

3. Foreign ( India) notary along with Apostille ( As Indian is listed on Apostille convention , there should be no issue : http://www.hcch.net/index_en.php?act=states.listing)

If you dont mind to send the Original Passport, thats the best choice and you don't have to worry about any thing else in W-7 process.( probability of Misplace of Original document.. still small margin)

Good luck

[rsgk 1]

Passport is consider as proof of Identity and foreign Status at same time, so you don't have to add any other documents.

You can send your paper work ( Passport) either one of the listed method

1. Orignial Passport or

2. US Notorized or

3. Foreign ( India) notary along with Apostille ( As Indian is listed on Apostille convention , there should be no issue : http://www.hcch.net/index_en.php?act=states.listing)

If you dont mind to send the Original Passport, thats the best choice and you don't have to worry about any thing else in W-7 process.( probability of Misplace of Original document.. still small margin)

Good luck

Thanks navchusu11

Can you please also help me with the following:

Now if I want to file "Married Filing Separately"...

Can I e file via turbo tax?

Do I need to do an amended return for 2011 (originally submitted as Married Filing JOint(W7-ITIn ....) for file as Married Filing Separately or a new 1040 with no amendment?

Does Married Filing Separately not require foreign spouse SSN or ITIN?

Do I need to contact the IRS austin Texas office (where I filed original return along with W7 ITIN) to drop my original return or no need to contact them

and just file new return?

Many thanks for your help.

[navchusu11 5]

Thanks navchusu11

Can you please also help me with the following:

Now if I want to file "Married Filing Separately"...

Can I e file via turbo tax?

No, you can't file electronically. In the top right box of page -1, it still asks for Spouse's Social Security. I don't know what actual message you will get if you try to submit without the number as I do my tax returned via Certified Public Accountant (CPA) and don’t know what software he uses to file the taxes.

Do I need to do an amended return for 2011 (originally submitted as Married Filing JOint(W7-ITIn ....) for file as Married Filing Separately or a new 1040 with no amendment?

I am about a month ahead of you in the same situation (Unsuccessful W-7 filing). I can't actually answer the question as my tax returned process has not been completed yet. But I can share what I did per my CPA.

After notice of W-7 rejection, I got the mail with the documents that I sent them at the beginning of the process ( I had US mailing address filed even though it was the application for my Spouse). my understanding: they did not valid the document that I notarized at back home country and I did not want my wife to send her ORIGINAL PASSPORT via mail due to unreliable mailing system back home country. Its bitter truth that mailing system back home Country is really really POOR. Because She will need her Passport on her medical and interview, I had to send her the passport back before those steps if I had original Passport with me. And its Customer's responsibility to clear the Custom. If some reason the document gets misplace in my home country's airport, forget about it..... the chances to track the document is almost ZERO and its really Painful. That’s why last time; I did not suggest you to ask your wife to send her passport via mail. I am positive, mailing system is not as strong as in USA on both those countries (Nepal and India).

I discussed the entire situation with CPA then filled new 1040A as Married Filing Separately via mail as per his guidance. He also suggested me that I did not have to attach any documents from W-7 rejection. He told me that IRS should have that information on their system. There are different mailing address to file your tax returned depend on what State your live in. Check the link

http://www.irs.gov/file/article/0,,id=105056,00.html

Does Married Filing Separately not require foreign spouse SSN or ITIN?

That's what I believe. Your refund will be same as filing " Single". but you do have 3 years to file 1040x from the date when you file your 1040a as Married filing Separately. My CPA is involved in each step. Some VJs' might have different experience.....

Do I need to contact the IRS austin Texas office (where I filed original return along with W7 ITIN) to drop my original return or no need to contact them

and just file new return?

If you already got your rejection letter, (not the letter that asking for supportive document to further process the W-7), then your W-7 application (I mean your Spouse's) is already closed. At the same time, even you do have letter asking for supportive documents, there should be time limit by what you have to submit the required documents. If not then IRS will close your spouse's W-7 application automatically. So, I don’t think you have to contact Austin, TX office.But, it might be good idea to write nice mail why you can't provide the required douments at this time and want to drop off your idea to get ITIN for your spouse.

Finger Crossed that I will have sucessful AOS as I sent W-2 and 1040A for 2011 tax returned proof and transcripts for 2010 and 2009. I almost spend 3 months for W-7 and at the end of day it did not work out GREAT. Hope my experience help some of VJ followers................STILL its not legal advise....the final CALL is yours....... :unsure: :thumbs:

[rsgk 1]

Thanks. I am asking some very dumb questions probably.

My spouse got her passport apostille in India and I may be sending that to the IRS as proof of identification.

In the mean time, I am thinking of different scenarios in order to avoid the delay with the immigration process.

what did you put for spouse social security for Married filing separately? NRA (non resident alien) or leave it blank

Do you even put the spouse name on tax return when filing married filing separately? or just yourself?

What is NVC looking for in the Tax returns besides enough financial resources?

Does the SSN column need to changed from Applied for with an actual ITIN # before sending to NVC?

Can I just send them what I have send IRS (texas office) Married filed jointly+w7 info+W2s

I have filed my taxes with IRS along with W7 and sending requested information regarding identification. Is that enough for NVC? Do I need receive something back from IRS to

show proof that I have filed my 2011 taxes...

Also with W7 Issue, in order to avoid the delay

Can I add my sister's income and taxes as co sponsor - She is willing to do it.?

Also do the I-864's have to be notarized before sending to NVC?

Thank you for taking the time to help me with this and answering my questions.

God bless and hope that you all unite with your loved ones soon:)