Taxes

[Mrunella123 0]

Hi everyone!

I hope I am posting this in the right forum, I have searched everywhere so this is my last hope before we wait on the phone for another 3 hours and pay a lawyer again.

1.We got married in Dec 2012 on a K1 visa.

2. Submitted AOS, I485 and 765 forms.

3. Had to file taxes for 2012.

4. Something was messed up and her case was "admin closed".

5. Sent letter...case was reopened.

6. Her K1 visa is expired in her passport, we need an ITIN number for our taxes.

7. IRS is saying they can't because she has no paperwork and her visa is expired (K1 is good for 90 days)

8. Tax place is saying that she needs an ITIN or SSN to complete taxes.

9. Have extension til October 15th to submit taxes.

Thoughts? Next steps? File as married, filing separate?

Any help would be greatly appreciated.

Thank you and god bless.

Mike

[Darnell 8,479]

when you filed the AOS set - did you include the EAD form ? If yes, follow up on that - and once she has EAD card in hand, go to SSA and get SSN.

ANY K-1 visa holder is eligible to get a SSN , in a timewindow 2 weeks after POE to 74 days after POE.

I'm sorry you guys missed that timewindow, as now yer suffering for it.

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For 2012 Taxes, to file this week, you could certainly file married filing seperately,

then once she get a SSN, you to can file an amended return on form 1040X.

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I don't think she's eligible to get an ITIN, at the moment. If she is eligible, you two will be filing a paper return to the special W-7 address (listed in the IRS Form W-7) to Austin Texas.

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HTH !

[Mrunella123 0]

Thank you for the response.

Her EAD (765) was not processed because her I485 was closed, now that it has been reopened, we have to resubmit that paperwork when she gets her AOS completed. (That's what USCIS) told us.

I guess we're safer to just file "Married Filing Separate" and go back and amend.

Thoughts?

Mike

[Nich-Nick 3,354]

Thank you for the response.

Her EAD (765) was not processed because her I485 was closed, now that it has been reopened, we have to resubmit that paperwork when she gets her AOS completed. (That's what USCIS) told us.

I guess we're safer to just file "Married Filing Separate" and go back and amend.

Thoughts?

Mike

How to get an itin and file taxes concurrently:

Form w-7 to apply for itin

http://www.irs.gov/pub/irs-pdf/fw7.pdf

Instructions w-7

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

Mail tax return, itin application, and original document(s) to establish foreign status and identity to

Internal Revenue Service ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

The IRS will process the itin first and add it to the tax return. Then the tax return will be processed

Or see page 3 of the instructions for applying at a taxpayer assistance center. There is one in Phoenix. She is eligible because she is foreign national, has not been granted permanent residence in the US, and is not eligible (at this time) to apply for a SSN.

Note--one method requires mailing off her actual passport as documentation. There are other documents she can submit listed but they must be the originals. The taxpayer assistance center is supposed to be able to verify her passport so you don.t have to mail it to Austin. Read the instructions very carefully. Here's the online version if that is easier than the PDF link above. http://www.irs.gov/instructions/iw7/index.html

Edited October 1, 2013 by Nich-Nick

[Mrunella123 0]

How long once we submit our taxes to that address do you think it will take to get our return check back?

Mike

[Nich-Nick 3,354]

How long once we submit our taxes to that address do you think it will take to get our return check back?

Mike

No clue. Call the IRS toll free number and ask them.

[Mrunella123 0]

Ok thanks.