help tax filing for AOS

[Sado 0]

Hello VJM, I recently got my I-130 approved and will be starting the NVC process wen I get my NOA2 or NVC #. Wile browsing on here vj NVC process I noticed at bottom portion it says extra tax information, saying that I should NOT file as single on my taxes if im married. (Due to the fact that I jus filed my 2013 tax return and noticed that the licensed tax preparer checked single filing.) By reading the information here on VJ that I cant file single if im married I rushed over to the licensed tax preparer and asked him to amend my taxes to select as married filing separately instead of single. So I explained to him that because of petitioning purposes for my wife. The license tax preparer said Its ok to file single because my wife is not in the U.S. yet and she doesn't have a social security number. He also said that I cant file my taxes if I select married filing separately because I still need to add my wifes name and social security number which she does not have. So my question is, is it ok to file my taxes as single? even though visa journey says NO!. I don't want my petition to get denied. Please help need more understanding on this part thank you very much.

Edited April 7, 2014 by Sado

[Jenny_USCIS 27]

you can't file your return as MFJ or MFS if your spouse doesn't have a SSN or ITIN. you only can file as single. I don't think it is true that there will be any problem if you file as single, cause my brother just filed the same visa for his wife.. and she got approved right away. He's filed his return as single for all previous years. I think as long as your income is enough, you are ok! I'm sure immigration officers know that you cannot file return as MFJ or MFS. It is very hard and strict nowadays to apply for a SSN or ITIN though... Ithey only require the original passport, they do not accept any copies, and they will need to keep the passport with them during the SSN process. So it's not guaranteed when they will return the passport to you, so it's risky to apply for SSN while you are in the USCIS process.

this is 2014 HHS poverty guidelines

Hope it helps!

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

[Sado 0]

you can't file your return as MFJ or MFS if your spouse doesn't have a SSN or ITIN. you only can file as single. I don't think it is true that there will be any problem if you file as single, cause my brother just filed the same visa for his wife.. and she got approved right away. He's filed his return as single for all previous years. I think as long as your income is enough, you are ok! I'm sure immigration officers know that you cannot file return as MFJ or MFS. It is very hard and strict nowadays to apply for a SSN or ITIN though... Ithey only require the original passport, they do not accept any copies, and they will need to keep the passport with them during the SSN process. So it's not guaranteed when they will return the passport to you, so it's risky to apply for SSN while you are in the USCIS process.

this is 2014 HHS poverty guidelines

Hope it helps!

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

ive asked around but ended up with yes and no answers. im worried and don't know what to do. would u know if NVC would be able to answer my question?

[Lakehouse 293]

The current and previous NVC threads discussed this several times as many people have this question.

What I recall is that

1- you can't file electronically and you put NRA in the place where you'd place the SSN (non resident alien)

2- it won't accept 'NRA' if being done electronically and therefore gets written on the hard copy.

I don't remember what else is said as I do already have an ITIN.

Check this thread http://www.visajourney.com/forums/topic/488577-nvc-filers-april-2014/

Hopefully others can provide better information.

But yes you CAN and should file MFS or MFJ as you are married.

Edited April 7, 2014 by Lakehouse

[RobbieG 94]

I had the same problem with my husband in Mexico.

I got him an ITIN and filed Married Filing Separately.

RobbieG

Dallas, TX

[Sado 0]

Do you think if I called NVC and asked for an answer that they would be able to give me one?

[Pitaya 2,577]

~Moved from NVC to Tax & Finances During US Immigration Forum~

~Tax filing inquiry~

[KayDeeCee 4,895]

Hello VJM, I recently got my I-130 approved and will be starting the NVC process wen I get my NOA2 or NVC #. Wile browsing on here vj NVC process I noticed at bottom portion it says extra tax information, saying that I should NOT file as single on my taxes if im married. (Due to the fact that I jus filed my 2013 tax return and noticed that the licensed tax preparer checked single filing.) By reading the information here on VJ that I cant file single if im married I rushed over to the licensed tax preparer and asked him to amend my taxes to select as married filing separately instead of single. So I explained to him that because of petitioning purposes for my wife. The license tax preparer said Its ok to file single because my wife is not in the U.S. yet and she doesn't have a social security number. He also said that I cant file my taxes if I select married filing separately because I still need to add my wifes name and social security number which she does not have. So my question is, is it ok to file my taxes as single? even though visa journey says NO!. I don't want my petition to get denied. Please help need more understanding on this part thank you very much.

No, you cannot file your taxes as single because you are in fact married. Your tax preparer and others stating to file single in this thread are incorrect. You do not have to have an SSN of your spouse to file Married Filing Separately. The instructions for the 1040 tell you what to put if the spouse is a non-resident with no SSN or ITIN. You put NRA instead. It stands for Non Resident Alien.

Be sure to enter your spouse's SSN or ITIN on Form 1040. If your spouse does not have and is not required to have an SSN or ITIN, enter “NRA.”

http://www.irs.gov/pub/irs-pdf/i1040.pdf

I suggest you find a new tax preparer.

[semidevil 12]

do you guys know if NVC will accept an extension form for taxes? I'm requesting a ITIN for my wife and if it takes as long as they say to get it filed and get a tax transcript, then I don't know if I will even have a tax transcript by interview time. So I went ahead and filed an extension. I"m living abroad so I'm entitled a 2 month one anyways.

I already paid my expected tax due and I can provide proof of income and my actual filing. I don't have an actual w2 since I did not work last year (jus collected income from rental home)

Edited April 7, 2014 by semidevil

[Jenny_USCIS 27]

ive asked around but ended up with yes and no answers. im worried and don't know what to do. would u know if NVC would be able to answer my question?

Yes, you should call NVC asap to explain your situation. I'm a CPA but i've never dealt with this situation, so i didn't know you could file paper return with NRA under spouse's SSN. I filed as single..

But like I said, my brother filed single too, he didn't have any problems when my sister-in-law had interview. Idk why his whole process only took 80 some days... he sent in 12/16/2013, got accepted 12/29/2013. interview was 1/18/14 I think..

Sorry If i gave you the wrong info.. Good luck!