NVC Filers - February 2014

[xprecious32 50]

Same thing happened to my husband. Tax preparers aren't necessarily the best trained people in the world. They aren't normally accountants (who can get it wrong too.) They know the software they're looking at and that's it. Several suggested to my husband that he file as single but when he called the IRS they told him he was not allowed to file as single. He though it sounded odd as well which is why he called the IRS.

I also did not file as single in Canada because they already knew I was married. I received more of a refund because my husband was out of country actually and hadn't earned that much that year as well. You have to tell the CRA you're married within 30 days of getting married or becoming common-law, and within 90 days of separation.

I know it;s a huge thing with all the "how do I file" tax threads but I will never understand why people feel it's okay to say "yeah i'm single" on a form to the government. And they wonder how people get things they're not supposed to from the government as well? I met someone once who hadn't filed taxes in 30 years, but boy was that audit going to hurt since they had caught up with him and he said so to me.

I even filed taxes when I was in college because I made a little bit of money each year working for the school or my mom. I still have unused tuition amounts that help me get a refund 13 years after I've graduated and I only went to school for 2 years! Why wouldn't you want that?!

Well thank you Saylin and NLR for clearing this up for me. I have done some research. There are 3 ways he can file

1) As Head of Household- but can not file this way as no dependants live with him

2) As Married Filing Separately- (Higher tax bracket)which instead of using a SSN# which I don't have he'd just put in NRA in place of SSN for me???And we could just amend his taxes once I get my SSN??? Am I correct on that??

3) As Married Filing Jointly- (lower tax bracket but have to wait for ITIN#)- which I would have to apply for an ITIN # and do my own return 1040NR along with his 1040??Am I correct on that?? If I am, would I still be filing a tax return here in Canada and would I have to include his income on my return. I haven't researched the Canadian side of things yet.

To get ITIN# will take 8-10 weeks. Then file paper tax returns as the year you get ITIN# you cannot efile, which will take longer.

Just trying to find the most legal and easiest and fastest way to get things done. Any help would be greatly appreciated.

[NikLR 13,230]

Number 2 is your easiest option for 2013 taxes.

As for your taxes... After inquiring with a canadian / us tax accountant, I found out how to file my taxes for 2013. I have to do my canadian taxes first. Then use form 2555 to exclude my Canadian income from our joint US filing.

[NikLR 13,230]

But I am also already living in the USA and have worked here for 1/2 the year.

[xprecious32 50]

Number 2 is your easiest option for 2013 taxes.

As for your taxes... After inquiring with a canadian / us tax accountant, I found out how to file my taxes for 2013. I have to do my canadian taxes first. Then use form 2555 to exclude my Canadian income from our joint US filing.

Ok so I am correct in the fact that we can just amend his taxes when I get an actual SSN. So we won't be filing joint in the US so I don't have to worry about providing income to the USA, but as for Canada taxes how do I file? Haven't found anything online about it yet. Still searching though.

Thanks again for the input

[Darnell 8,478]

To get ITIN# will take 8-10 weeks. Then file paper tax returns as the year you get ITIN# you cannot efile, which will take longer.

Just trying to find the most legal and easiest and fastest way to get things done. Any help would be greatly appreciated.

eh - you missed one important bit [apologies if someone else wrote this already]

Getting an ITIN MOSTLY is done when filing a tax return.

So, prep the tax return, print to paper, you two sign it,

prep the w-7 document with the ID stuff (pay attention to that one, lots of ppl are bit by wrong ID)

sign the w-7

and

the two of you prep a cover letting stating that you elect to be treated as a resident alien tax purposes for tax year 2013 (and sign it, both of you)

then

send all to the W-7 intake address in Austin TX, listed in the W-7 instructions.

you will not 'wait for ITIN' then file the return, you file all together into the special IRS address in Austin TX.

DURING TAX SEASON, it's 6 to 10 weeks on turn-around, expecting a paper-check as well.

MAKE 2 COPIES OF EVERYTHING YOU PREP for the tax return, submit ONE with the I-864 and SHOW the 2nd one on interview day (or both).

[NikLR 13,230]

Ok so I am correct in the fact that we can just amend his taxes when I get an actual SSN. So we won't be filing joint in the US so I don't have to worry about providing income to the USA, but as for Canada taxes how do I file? Haven't found anything online about it yet. Still searching though.

Thanks again for the input

Just file in Canada the same you always do. You can do it online of course. You won't get your T4 until the end of Feb probably but I had my husband on my taxes last year and just used all zeros in the SIN spot and declared him as a non-resident not living in Canada. I went to H&R block to do my taxes.

[xprecious32 50]

eh - you missed one important bit [apologies if someone else wrote this already]

Getting an ITIN MOSTLY is done when filing a tax return.

So, prep the tax return, print to paper, you two sign it,

prep the w-7 document with the ID stuff (pay attention to that one, lots of ppl are bit by wrong ID)

sign the w-7

and

the two of you prep a cover letting stating that you elect to be treated as a resident alien tax purposes for tax year 2013 (and sign it, both of you)

then

send all to the W-7 intake address in Austin TX, listed in the W-7 instructions.

you will not 'wait for ITIN' then file the return, you file all together into the special IRS address in Austin TX.

DURING TAX SEASON, it's 6 to 10 weeks on turn-around, expecting a paper-check as well.

MAKE 2 COPIES OF EVERYTHING YOU PREP for the tax return, submit ONE with the I-864 and SHOW the 2nd one on interview day (or both).

Yah. Thanks for the info.

We are filing hubby's 2013 tax return, to submit it to NVC. I've been trying to explain to him that the w7 has to go with tax return. His dad is his tax preparer and is telling me to just get an ITIN and I've been sending him info saying NO, it needs to go with return. And to get ITIN # I have to send ORIGINAL or certified copies to them. I do not like the idea of sending my passport in the mail as passport serves as the ID required, OR Drivers license and birth certificate. Can't very well be driving around without my drivers license and I'm scheduled to go visit him in a months time but won't be able to go if IRS has my passport. and to get certified copy of my Passport will take 4-6 weeks. So it just seems easier and quicker for him to just file married filing separately.

Just file in Canada the same you always do. You can do it online of course. You won't get your T4 until the end of Feb probably but I had my husband on my taxes last year and just used all zeros in the SIN spot and declared him as a non-resident not living in Canada. I went to H&R block to do my taxes.

Ok great. I always go to H and R block. I'm not sure how they filed me last year, but I did have to produce my marriage certificate as I changed my name at the same time.

[Smitten 5]

Yah. Thanks for the info.

We are filing hubby's 2013 tax return, to submit it to NVC. I've been trying to explain to him that the w7 has to go with tax return. His dad is his tax preparer and is telling me to just get an ITIN and I've been sending him info saying NO, it needs to go with return. And to get ITIN # I have to send ORIGINAL or certified copies to them. I do not like the idea of sending my passport in the mail as passport serves as the ID required, OR Drivers license and birth certificate. Can't very well be driving around without my drivers license and I'm scheduled to go visit him in a months time but won't be able to go if IRS has my passport. and to get certified copy of my Passport will take 4-6 weeks. So it just seems easier and quicker for him to just file married filing separately.

Ok great. I always go to H and R block. I'm not sure how they filed me last year, but I did have to produce my marriage certificate as I changed my name at the same time.

Don't send your passport to the IRS! I sent my wife's, and we got it back about five months later (after two three-hour phone calls).

[Sukie 1,464]

I've just gone through the passport thing with my spouse. We did not DARE send her passport to the IRS, since we are in the middle of the I-130/NVC process. However, she was able to send her passport to the US Consulate in Sydney Australia. They certified a COPY of her passport. She had the passport back in 5 days. That's the only way to go in my opinion.

[Darnell 8,478]

ya, is possible to get the foreign passport 'done' at the us embassy,

during an ACS appointment, paying 50 bucks .

i like it, same day service.

That's what we did.

http://www.visajourney.com/forums/topic/412599-about-file-tax-for-2012-together-with-wife-still-oversea/?view=findpost&p=5956138

http://www.visajourney.com/forums/topic/318133-taxes-update-for-itin-w-7-with-china/?view=findpost&p=4990008

Edited February 3, 2014 by Darnell

[xprecious32 50]

ya, is possible to get the foreign passport 'done' at the us embassy,

during an ACS appointment, paying 50 bucks .

i like it, same day service.

That's what we did.

http://www.visajourney.com/forums/topic/412599-about-file-tax-for-2012-together-with-wife-still-oversea/?view=findpost&p=5956138

http://www.visajourney.com/forums/topic/318133-taxes-update-for-itin-w-7-with-china/?view=findpost&p=4990008

Only problem is it's for the AOS, have no appointment and US embassy or consulate and it is a 6-8 hour drive for me one way, same thing to go to passport office to get certified copy, 5- 6 hour drive one way.

[Sukie 1,464]

ya, is possible to get the foreign passport 'done' at the us embassy,

during an ACS appointment, paying 50 bucks .

i like it, same day service.

That's what we did.

http://www.visajourney.com/forums/topic/412599-about-file-tax-for-2012-together-with-wife-still-oversea/?view=findpost&p=5956138

http://www.visajourney.com/forums/topic/318133-taxes-update-for-itin-w-7-with-china/?view=findpost&p=4990008

Depends on the Consulate, Darnell. Australia is by mail only. Can't do it in person.

[Darnell 8,478]

ya, i get that. sorry

[SennaBrigante 92]

Where can I find out how to have my passport certified? I need to send to my husband too

[Fabian&Rossy 120]

Yeah at least one of them is only valid for 90 days.. my wife went ahead and got hers this month and sent it with a friend. It's a slight gamble but I'm pretty sure they will still be valid when the NVC finally requests them. Either way, it'll only take a couple of days to get them again if need be.

Good luck, keep me posted. I'm sure our interviews and medical exam dates will be close to each other.

You got it buddy! You do the same.