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Angela256z

What to send with husband for 2013 taxes.

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So my husbands interview will definately be after April 14th. I sent in an extension request, but after calling the IRS today they told me I will not receive any confirmation to show at the immigration interview. I attempted to file today using my husband's passport to apply for an ITIN and they said he has to be present to apply or take his passport for up to 10 weeks. I can't risk him not having it for the interview.



Can I just send my husband with the certified mail receipt and my W2 for 2013 to his interview?


* 21 APR 2016 - 90 Days before husbands conditional green card expires

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Filed: Other Country: Cuba
Timeline

I would send in taxes for the past 3 years not including 2013 since the deadline for US citizens it not up yet and when your interview takes place it is still before the 15th. I would also provide your W2's for the past year, paystubs and a letter from your employer just to be safe.

2nd go round

1st K-1 Denied

Subitted Feb 2-6-15

NOA1 - 2-18-15

NOA2 - 8-18-15

Interview 11-25-15 - Denied

And Here we go again -

New K1 submitted - 1-9-16

NOA1 - 1-12-16 (according to USCIS)

Text received 1-15-16

hardcopy - not received yet as of 1-26-16

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Filed: AOS (pnd) Country: Turkey
Timeline

The issue is you need your 2013 tax return for the interview? If so, you are in a pickle. I'd have him bring your W-2 for sure and a copy of your extension request. Also you may want to write a letter explaining the situation, sign it yourself, and send that to him.

I am not familiar with IR-1/CR-1 visas, so that is all I can say (someone else who knows what's up, please chime in). However I can imagine that they'll be understanding given the situation: I mean your husband couldn't risk sending his passport so soon before his interview. Showing your W-2 shows that you have income (and, if your employer automatically withholds taxes, that you are paying taxes). While showing a copy of your extension request is an unverifiable but good-faith effort that you are not some tax evader, and that you will file for 2013.

If for some reason that situation is not good enough for you, as a last-resort option I'd research the process/penalties/headache of modifying your filing later. Can you file single now, and modify to married filing jointly later? I am not sure if this is even possible, and certainly there are immediate tax ramifications with it (you'll have to pay more taxes now, and get your refund later?). Again, I don't know if this last path is even possible, so you need to do the research if you decide to pursue it so you don't make a financial or legal mistake.

Sorry I couldn't be more helpful, just my two cents... I really wish you good luck though, and let us know what happens! :)

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I would send in taxes for the past 3 years not including 2013 since the deadline for US citizens it not up yet and when your interview takes place it is still before the 15th. I would also provide your W2's for the past year, paystubs and a letter from your employer just to be safe.

I sent it with my AOS to NVC, but I know my husband's interview will be after April 15th as they are currently just reviewing our case at the NVC.

I do have my 2013 W2 and current paystubs I can send him with. I hope that is enough.

Tangrien - Yes, we are in a pickle. I have seen on here people saying that after Tax Day you need to have your current 2013 tax info for the interview. I tried to file today. They would not let me file at first saying that my husband had to be present for the W7 and that if he wasn't they needed the passport. They ended up taking it and saying that I would be declined the W7 cause of the fact he was not here in the states and I wouldn't let them have his passport. They said the government will automatically revert me to Married filed Seperate and they gave me proof of filing so I hope that, along with my W2, current paystubs, and a letter from me is enough. Thank you.

I do continue to welcome any other ideas or helpful advice.

* 21 APR 2016 - 90 Days before husbands conditional green card expires

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