US taxes while in I130/IR1/CR1 proceedings

[GaganGoel 7]

I called NVC twice today asking if I file an extension for taxes, is it ok if I just submit a copy of that towards I-864. Both times the rep told me that yes in that case I should submit a copy of 2011 tax return, a copy of extension for 2012, and a letter explaining that I filed for an extension and blah...

So my plan is that I will file for an extension, and do the tax return after my wife is here in the US (which should hopefully be before Oct 15).

[Scott144 0]

I'm in a similar boat too. My wife has her interview early may with the embassy in the Philippines and I want to file a tax extension so when she is here I can file jointly but she doesn't have a ssn or a itin yet. Would I have to file a W7 with the extension or just the extension by itself with NRA on place for her SSN?

[GaganGoel 7]

I'm in a similar boat too. My wife has her interview early may with the embassy in the Philippines and I want to file a tax extension so when she is here I can file jointly but she doesn't have a ssn or a itin yet. Would I have to file a W7 with the extension or just the extension by itself with NRA on place for her SSN?

That's a good question. I was just thinking of leaving it blank here..... anyone correct me if I am wrong?

[speedwell 224]

That's a good question. I was just thinking of leaving it blank here..... anyone correct me if I am wrong?

I think you should use NRA. You will submit the W-7 to Austin as part of your married filing joint paperwork later.

Remember that you must pay any tax you expect to owe by the deadline of April 15 (i.e. with your extension paperwork) to avoid penalties later.

[speedwell 224]

So according to the IRS we need an ITIN to file his taxes, even separately. I know everyone on here says he doesn't, but he's annoyed and doesn't want to pay for turbo tax when he can normally get it for free because he has a military W2. So he's going on monday to get an extension, of which I'll bring proof to the interview and we'll do the taxes once I get there an get an SSN.

So frustrating.

The IRS call center reps are often wrong (really, you didn't learn this about government call centers yet? ). You need an ITIN to file taxes for him only if he made taxable income in the United States, or you are filing jointly/he elects to be treated as a resident for tax purposes, or you have other nonstandard considerations, such as if he served in the US military and was paid by them (this counts as being paid in the US).

Edited April 3, 2013 by speedwell

[speedwell 224]

The IRS call center reps are often wrong (really, you didn't learn this about government call centers yet? ). You need an ITIN to file taxes for him only if he made taxable income in the United States, or you are filing jointly/he elects to be treated as a resident for tax purposes, or you have other nonstandard considerations, such as if he served in the US military and was paid by them (this counts as being paid in the US).

Ugh, I'm asleep. You're the beneficiary. Same thing, in high heels and backwards. He needs an ITIN for you only if you have a reason to be treated as a resident for tax purposes, in essence.

Edited April 3, 2013 by speedwell

[NikLR 13,228]

Well on monday he's going storming down to the IRS office to get it figured out. We're not getting an itin. I've already filed my taxes up here. Also he's getting a substantial refund apparently. Not sure how he knows this. Lol.

[Hilario 13]

Just thought I would throw in a report, I sent my 1040,w-7,related documents in the first week of March filing jointly, have not heard a peep yet from IRS, has anyone else filed this way for 2012 and heard anything back yet?

Thanks for your input,

[NikLR 13,228]

I think it can take up to 8 weeks to get the ITIN (what the w7 and docs were for I'm assuming).

[speedwell 224]

If you are due a refund, you can check the status of the refund three to four weeks after the IRS receives your tax filing. Follow the instructions here:

http://www.irs.gov/uac/Checking-the-Status-of-Your-Refund

[Hilario 13]

If you are due a refund, you can check the status of the refund three to four weeks after the IRS receives your tax filing. Follow the instructions here:

http://www.irs.gov/uac/Checking-the-Status-of-Your-Refund

Yah thats where I have been checking and nothing shows up, I called and the person I talked to said they do the ITIN process first and then the 1040. could take up to 4 to 8 weeks. Just curious if anyone else here filed the same way.

[NikLR 13,228]

The IRS call center reps are often wrong (really, you didn't learn this about government call centers yet? )

Actually I never bothered to call the government call centers except the NVC and honestly I just leave them alone until a week or so has passed until I last sent them something. LOL

He doesn't necessarily believe them either though so that's why he's going down to the IRS office. But if you understand that he was US Air Force for 8 years, it's hard for him to just say to the government "you're wrong. " LOL

Edited April 7, 2013 by NikiR

[speedwell 224]

GOOD LUCK to all filers today!!!

[Hilario 13]

Just wanted to put an update in on my filing jointly with w-7 form with related ID documentation. WHAT A NIGHTMARE!!! lol I finally got someone today at the IRS to actually get off the internet and onto their network to see what was going on with my 1040 amd w7, I sent it out March 3rd and have not heard anything, my fault for not sending certified mail so I wasn't even sure if they got it, well she found out that it got rejected and supposivly they sent out a c-567 type of letter april 10, but I still have not recieved anything. I sent my wifes cerified copy of her civil birth certificate and her voters ID, two documents that were suppose to work?? for ID requirements.

We did not want to send her passport for numerous reasons. If I had to do it all over again I would have filed married , seperate instead of married, jointly.

The lady that was so kind to help could not tell why it was rejected but at least I know someone from the IRS actually had their hands on my forms. So I am hoping to recieve some kind of letter from the IRS as to what exactly is going on.

Thanks,

[speedwell 224]

Just wanted to put an update in on my filing jointly with w-7 form with related ID documentation. WHAT A NIGHTMARE!!! lol I finally got someone today at the IRS to actually get off the internet and onto their network to see what was going on with my 1040 amd w7, I sent it out March 3rd and have not heard anything, my fault for not sending certified mail so I wasn't even sure if they got it, well she found out that it got rejected and supposivly they sent out a c-567 type of letter april 10, but I still have not recieved anything. I sent my wifes cerified copy of her civil birth certificate and her voters ID, two documents that were suppose to work?? for ID requirements.

We did not want to send her passport for numerous reasons. If I had to do it all over again I would have filed married , seperate instead of married, jointly.

The lady that was so kind to help could not tell why it was rejected but at least I know someone from the IRS actually had their hands on my forms. So I am hoping to recieve some kind of letter from the IRS as to what exactly is going on.

Thanks,

ugh, thanks for reporting in. I hope it is something very fixable like forgetting to fill out something on the form.