2012 tax return

[harryyankee2003 2]

Hello Everyone
I have applied for my wife's petition last year in October. Question on the 2012 tax return, my accountant advised me to not file the return until she immigrate to US so that we can file jointly and applied for extension. Now i am hearing from some people that embassy's do ask for the recent return. So please advise me should i file and if i file file it as single or married filing separately since she is not here and has no Social security number. Will the embassy question her why i filed separately. Please share your experience
THank you

[Mako & Leakey 3]

its better to file and submit the latest tax return forms than have your case denied because you are lacking certain evidence.

I prefer to have excessive proof or documentation than less.

My fiance' is going for her interview next month and part of the packet 3 requirements are last year's tax returns, but i will get them last 4 years tax returns just to eliminate any further queries.

The embassy will not query because it logical that the whole of last year, you were single but married and your w2 i bet stated that you were single .. so the notion of waiting for her so as to file jointly defeats the purpose of you claiming that you were single as per your w2 last year. it gives room for the consular to wonder if you were secretly married to her and did not wanna disclose the fact on your filing of the visa

Edited May 8, 2013 by Mako & Leakey

[Hilario 13]

If you applied for an extension then you could not provide your 2012 tax return form 1040 obviously, just supply the w2 for 2012 and supply 2011,2010 tax transcripts along with their w2's to be on the safe side and mention the 2012 extension. I take it your asking about the affadavit of support (AOS) I-864? I also provided proof of employment from my employer. You may need more proof depending on your yearly income and number of people you are supporting. Its all mentioned on this website.

[harryyankee2003 2]

So Mako and Leakey. What should I file married filing separately or single

[harryyankee2003 2]

So Mako and Leakey. What should I file married filing separately or single

[MeredythB 38]

So Mako and Leakey. What should I file married filing separately or single

Married filing separately. Your wife can be listed as an NRA (Non Resident Alien) on your return. That's what my husband and I did for 2011 and 2012.

[MikeJill 5]

My husband filed as married filing separately for us 2012, we got married last July. He said it is made quite clear that once you are married you cannot file as single.

[speedwell 224]

My husband filed as married filing separately for us 2012, we got married last July. He said it is made quite clear that once you are married you cannot file as single.

That's absolutely 100 percent correct. Married people must file married. So-called "tax professionals" who advise otherwise are getting a lot of people in trouble.

The only exception is where someone who is married to a NRA who has not been in the country in the tax year (the exact rules are on the IRS website). If the US resident spouse has OTHER dependents (such as a child or parent) that they claim as dependents on the tax form, they may opt to file Head of Household. However, they must still put their non-US spouse's information on the tax form as if filing married/separately.

Edited May 9, 2013 by speedwell

[Hilario 13]

I thought I would give an update incase this may be helpful to some in the future, I did recieve my wifes ITIN and my 1040 refund towards the end of May, I sent the w-7 and my paper 1040 in with certified birth certificate and her original Philippines voters ID along with just a copy of her biometrics page on her passport(for good measure), we didnt want to send in her passport in fear of them losing it or her needing it before we got it back, so those two documents worked for us anyway and was two of the documents that were listed on the required forms for ID in the w-7 instructions. Hope this can help.

Thanks,

Edited June 5, 2013 by Hilario