Please help - Married filing Jointly / ITIN / H4 visa cancellation

[bewildered 0]

Hi there,

Background: After marrying to a H1B visa holder, i stayed with him in the US for 2 months in 2011, after which I returned back to my home country. We are now planning to apply for Divorce in the home country.

Appreciate if someone could help me on below 3 issues:

1) H4 visa stamped on my passport got expired on 22-Aug-2012 (since H1B was also getting expired then). I have never been to the US after i came back, how do i get my H4 visa cancelled? Is there any form for that? Or since the visa already got expired on 22-Aug-2012, i don't need to do anything !!

2) Inspite of my non-confirmation on the ITIN, my husband says he filed his 1040 tax return under "Married filing jointly" status keeping spouse's ITIN number "awaited" - is it possible to do this? Or W7 needs to be compulsorily submitted along with 1040 tax return?

3) He wants me to apply for ITIN - all i want to know is what are the side-effects of ITIN? Can it be misused? And holding ITIN, do i have to comply any listed rules? Eg: May be file NIL tax returns every year or anything like that? Does it have any link with any of my future possible Visa applications to the US?

Thanks in advance !!

[MIBEN 83]

He can only file jointly if you have a SSN or an ITIN and you have to sign the tax return. If you don't file that should be ok as you were not allowed to work with out one or the other so you could not have contributed any income. It is up to you but if you are divorcing him I don't see the point he can file alone.

Maybe someone else can add to this topic,

[The Mean Lady 604]

The 1040 needs to be submitted WITH the W7.

If they didn't get a W7, or deem the W7 to be denied, they will switch him to single and file the taxes as such.

[Deep2009 18]

You are not with him...Why he want you to file ITIN after submitting W7, notarized passport copies?

You are out of US since before ending 2011...and never visited US again.

I don't see any reason of you filling ITIN with him so he can file taxes for 2012 by 15th April 2013 (married filling jointly).

OR he want to save some money on taxes..

If passport has H4 visa that is expired on Aug 22, 2012....

Next time, you need to prove that you were married before, marriage ended with divorce and have all the documents (previous marriage certificate and court issued divorce documents). You got H4 visa as his wife.

Hope it helps...

Edited November 28, 2012 by Deep2009

[bewildered 0]

thanks all for your replies..

further, the situation is, he is making W7 as a condition for divorce - if i dont sign W7, he wont come to India for divorce !! P.S. - I left US for india on 4-Jan-2012.. reading between his lines, wat i understand is he may want to use my ITIN for 3 years - 2011, 2012 & 2013 (we may be applying for divorce in Jan 2013 as per indian law)

i know i can take legal route about him blackmailing me on not coming to india, but as we all know the moment divorce becomes contested, in india, it takes years and years for the legal battle to get over.. so i was wondering if W7 is what he wants, then what would be the legal implications for me on signing W7..

also, are there any forms for cancellation of H4 visa..?? i tried googling, but couldnt get it..

thanks again for all your help..

[TBoneTX 45,329]

*** Thread moved from CR-1 Process forum to Work Visas forum -- OP's chief question involves an H visa. ***

[The Mean Lady 604]

He cannot file jointly if you are not married on the last day of that tax year therefor he will not be able to file joint for 2013 if you have completed the divorce by the last day of the 2013 year.

[Harsh_77 718]

I am not sure where he is going and what your spouse is thinking – either he is trying to cheat the system and use your ITIN and file as married so he can claim you as dependant even when you were not in US and not dependant on him.

As H4 visa holder you are not allowed to work nor you are required to file the tax return. W7 is nothing but an application for ITIN number, you do not have to send the W7 with 1040.

[The Mean Lady 604]

I am not sure where he is going and what your spouse is thinking – either he is trying to cheat the system and use your ITIN and file as married so he can claim you as dependant even when you were not in US and not dependant on him.

As H4 visa holder you are not allowed to work nor you are required to file the tax return. W7 is nothing but an application for ITIN number, you do not have to send the W7 with 1040.

http://www.irs.gov/pub/irs-pdf/iw7.pdf

How To Apply:

Your application must include all of the following:

1. Your completed Form W-7

2. Your original, valid tax return(s) for which the ITIN is needed.

I don't think the exemptions for this apply in this situation

[bewildered 0]

got it.. thanks for all your help..