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

[rsgk 1]

could someone please reply to my questions. thanks

[navchusu11 5]

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

You don't have ITIN as your W-7 was rejected and your spouse does not have SSN, I guess as you tried to get ITIN number. You do not put any number if you don't have either one ( SSN or ITIN). On such a situation, tax returned software might think you are not giving complete information. So, tax returned software does not allow you to submit online and you have to file via mail.

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

I put my Spouse name

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

I believe, NVC is just lookiing for your financial condition on I-864. US government wants to make sure intendent immigrant does not become PUBLIC CHARGE. You can AOS for any one (not only your spouse) but its a lot of responsibilities for a long time. Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United state. 40 qualifying quarters of work (credits) generally equate to ten years of work

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

if you don't have tax return transcript ( which should be the case only for 2011 if you filed your previous tax returned on time), you can submit - Tax returns (1040) and W2s and any other schedules (if applicable). But your W-7 is not in the process, it was already rejected due to any reason. In simple word, IRS already made a decision that applicant is not eligible for ITIN. So, sending the same unsucessful documents might not hold strong ground as compare to "On the Process" document. thats just my opinion.

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.?

Co-sponsor is just a back up in the AOS process and Petitionor tax returned is MUST. If petitioner does not have tax filled, he/she has to have explain why he/she did not file his/her tax returned. If you make more than 125% of US government poverty guidline ( $18,912 annual income for household size of 2), you dont have to add co-sponsor.

You can add any one as co-sponsor but individual has to fill up I-864

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

No. any way how do you notarize your I-864?? its not governemnt issue document. At the end of I-864, you have to sign though. Whatever infromation you give on I-864, you(Sponsor) are responsible of it.

note: there are a lot of sucessful I-130 petition (spouse) where Petitioner filled their tax returned as Single.

good luck

Edited May 5, 2012 by navchusu11

[rsgk 1]

thanks,

W7 hasn't been rejected. They have asked for US notary for passport or Apostille from India. We got the Apostille on passport copy so I may be sending that when I receive it.

but my question is if i choose to file Married filing separately instead of joint - Can I put NRA in place of SSN on the form?

[/i]

So If choose to remain in the ITIN process by sending Apostille

When NVC requests I-864 and my tax returns:

b]Can I send NVC what I have sent IRS (texas office)-which is: Married filed jointly tax return+w7 info+W2s? The reason I am asking this because ITIN may not issued by the time i-864 and supporting docs are requested

or copy of tax return +w2 is enough.

Does NVC look at W7 form and supporting docs too?

Does NVC want to have ITIN # for spouse when Married joint return is filed?

Please don't assume my W7 is rejected. They have requested Apostille or US notary of passport. I am still deciding if I should go ahead with itin or do married file separately. That is why I am asking these questions.

[/b]

thanks so much for your help.

Edited May 5, 2012 by rsgk

[navchusu11 5]

Please don't assume my W7 is rejected. They have requested Apostille or US notary of passport. I am still deciding if I should go ahead with itin or do married file separately. That is why I am asking these questions.

Sorry....somehow somewhere I missed somthing and thought your spouse's W-7 has been already rejected . If you get a mail " We need information from you to process your form W-7" asking for supportive document ( identification and status of applicant) and you already have those documents, I would say continue the process. I believe you do have original Apostille, not scaned.

Just curious; who signed on 1040A for your spouse. Original signature is REQUIRED. Photocopied signatures are not considered valid Signature. If filed Joint return, both husband and wife must sign the return.

Finger crossed that your spouse's W-7 will be completed within less than 2 weeks.

check your personal message box, I sent some info about co-sponsor.

[rsgk 1]

Just curious; who signed on 1040A for your spouse. Spouse did (mailed the return to her and she sent it back)

Could you pl answer the following as I am thinking of different scenarios:

if i choose to file Married filing separately instead of joint - Can I put NRA in place of SSN on the form?

and If ITIN is not issued by the time NVC requests I-864 and Joint returns,

Can I send NVC what I have sent IRS (texas office)- which is: Married filed jointly tax return+w7 info+W2s? The reason I am asking this because ITIN may not issued by the time i-864 and supporting docs are requested

or copy of tax return +w2 is enough.

Does NVC look at W7 form and supporting docs too?

Does NVC want to have ITIN # for spouse when Married joint return is filed?

Thank you.

Edited May 6, 2012 by rsgk

[Darnell 8,478]

nvc looks for completeness and correctness.

nvc looks for thresh hold amounts as well.

as for relationship evidence, the tax documents as such,

it's only utilized at the IV Unit, for relationship evidence.

The I-864 pack (which yer tax documents are ultimately a part of) is also reviewed at the IV unit.

we're in the same boat, using tax documents for I-864 AND for relationship evidence...

[rsgk 1]

nvc looks for completeness and correctness. - So when time comes do we send NVC tax returns and W7 info if we have not received ITIN by then?

[Darnell 8,478]

you send what you got at the time you submit the packet to nvc.

get more stuff for later? make a new I-864, hand carry to the interview.

[rsgk 1]

Thanks, I am just worried that NVC may ask for evidence if the tax return has been accepted by IRS or not. I am supposed to get a refund(as proof of acceptance) but it probably won't come by the time I have to submit AOS along with tax returns. and I don't think I can get a transcript for 2011 because ITIN is still in process. ITIN has not been rejected or accepted at this stage. They have requested for proof of ID (us notary/apostille) which we are sending soon.

When we apply for ITIN, we send the 2011 tax return along with it. It automatically gets filed once ITIN is issued.

I hope this ITIN business doesn't delay my spouse's immigration due to NVC asking for proof of acceptance of 2011 return by IRS.

Please tell me if something like this is possible? NVC asking for proof of IRS return acceptance when application of ITIN is in process...

Thanks.

[Darnell 8,478]

you have a year to submit the AOS. Don't forget that.

[rsgk 1]

you have a year to submit the AOS. Don't forget that.

I know that but it will delay immigration for my spouse. The whole idea is avoid the delay. I already know I can file single or married filing separately but I since i have already filed married file joint and sent w7 I want to know is

does NVC asks more information when ITIN is in process to prove that tax return has been accepted by IRS and ITIN has been issued?

or

Is NVC ok with TAX return that shows ITIN in process?

Please don't give vague answers. Please answer my questions. Many thanks.

Edited May 6, 2012 by rsgk

[Darnell 8,478]

No Clue. Sorry.

[navchusu11 5]

I know that but it will delay immigration for my spouse. The whole idea is avoid the delay. I already know I can file single or married filing separately but I since i have already filed married file joint and sent w7 I want to know is

does NVC asks more information when ITIN is in process to prove that tax return has been accepted by IRS and ITIN has been issued?

or

Is NVC ok with TAX return that shows ITIN in process?

Please don't give vague answers. Please answer my questions. Many thanks.

It should be okay.... but no one can give your YES or NO answer on your question. What you did, is the right thing to do per IRS but you are dealing with Immigration people who are trained for immigration issue not for every single IRS situation. its 50/50 and they make a CALL.....Hope it goes on our way....

check your email... :thumbs: :thumbs: