AOS question

[Maw 1]

My husband did not file his 2013 income tax. Can he just submit his W2 or pay stub?

Please give us some advice. Thanks!

[dwheels76 5,468]

My husband did not file his 2013 income tax. Can he just submit his W2 or pay stub?

Please give us some advice. Thanks!

Did he file an extension? he has to either have filed or filed an extension. It will be asked for. So no the W2 and paystubs will not be enough.

[Ed and Gina 45]

Well...I just went through this...

Since you were married last year, your husband MUST file as Married

To do that, he needs to have an ITIN (Individual Taxpayer Identification Number) for you

You have to apply for it through the IRS on Form W7

If you have a valid passport from the Philippines, you may use that as a "stand alone" ID. You will have to get a RED RIBBON copy of your passport to return with your signed W7. That is the ONLY way that the IRS will accept and process your W7.

The IRS will NOT process his 2013 taxes if he files married without your ITIN - he CANNOT write in "processing."

He will have to send your W7, your RED RIBBON copy of your Passport and his taxes - 1040 and W2 - to the IRS in Texas - the ITIN Processing unit.

It can take up to 8 weeks to receive an ITIN - then the IRS will begin to process his 2013 taxes. The IRS will write in the ITIN on his tax form.

It will take about another 3 weeks for the IRS to create a record for processing the 2013 tax return.

If you/your husband decide to try to file as Single - it could hold up your Visa until that paperwork is completed.

If your husband has not yet filed...he should wait until you send him your signed ITIN and RED RIBBON certified Passport. Once he has that, that is when he should file, using the address on the link I've attached below. Otherwise, if he files as Single, he will have to amend his tax return and that will take MORE TIME!

Has he filed his 2012, 2011 and earlier taxes? Does he owe the IRS? Does he have a Federal Tax Lien against him? If he has a lien against him - he will need to resolve that issue as that could interfere with his Affidavit of Support. The IRS can seize bank accounts and part of an individual's salary if they owe the IRS. That could affect his income.

So...you will want to address these issues.

Here's a link to the IRS for ITIN: http://www.irs.gov/Individuals/General-ITIN-Information%C2'>

Wish you the best of luck!!

[Ed and Gina 45]

Apparently - you can't copy and paste links to a message on VJ???

www(dot)irs(dot)gov/Individuals/General-ITIN-Information

where I've put (dot) in parenthesis...you'll use " . " without the quote marks, of course

[Maw 1]

Did he file an extension? he has to either have filed or filed an extension. It will be asked for. So no the W2 and paystubs will not be enough.

I don't think he filed for an extension. Can he still file for it? I'm bothered now this might be the reason of the delay. Do you think my husband can request the Tax Return Transcript and submit it to NVC? ;m not realy sure what it is though.

[Maw 1]

Well...I just went through this...

Since you were married last year, your husband MUST file as Married

To do that, he needs to have an ITIN (Individual Taxpayer Identification Number) for you

You have to apply for it through the IRS on Form W7

If you have a valid passport from the Philippines, you may use that as a "stand alone" ID. You will have to get a RED RIBBON copy of your passport to return with your signed W7. That is the ONLY way that the IRS will accept and process your W7.

The IRS will NOT process his 2013 taxes if he files married without your ITIN - he CANNOT write in "processing."

He will have to send your W7, your RED RIBBON copy of your Passport and his taxes - 1040 and W2 - to the IRS in Texas - the ITIN Processing unit.

It can take up to 8 weeks to receive an ITIN - then the IRS will begin to process his 2013 taxes. The IRS will write in the ITIN on his tax form.

It will take about another 3 weeks for the IRS to create a record for processing the 2013 tax return.

If you/your husband decide to try to file as Single - it could hold up your Visa until that paperwork is completed.

If your husband has not yet filed...he should wait until you send him your signed ITIN and RED RIBBON certified Passport. Once he has that, that is when he should file, using the address on the link I've attached below. Otherwise, if he files as Single, he will have to amend his tax return and that will take MORE TIME!

Has he filed his 2012, 2011 and earlier taxes? Does he owe the IRS? Does he have a Federal Tax Lien against him? If he has a lien against him - he will need to resolve that issue as that could interfere with his Affidavit of Support. The IRS can seize bank accounts and part of an individual's salary if they owe the IRS. That could affect his income.

So...you will want to address these issues.

Here's a link to the IRS for ITIN:

Wish you the best of luck!!

DO I still need the ITIN even if I am a Filipino Citizen and still lives in Philippines? We are applying for spousal visa and we got married here in Philippines. DO you know what a Tax transcript is and if he can request it and submit it to NVC? I really appreciate your comment.

[Ed and Gina 45]

Yes...you still need the ITIN if he is going to file as Married...and if you're for a spousal visa...K3...like my wife (a Filipino Citizen currently living near Manila) and I and anyone else...he has to file as MARRIED since you were married last year - according to your timeline. An ITIN is designed for foreign citizens who are not yet eligible for a social security number. Your husband must have a Tax ID number for you to file as Married. If he files as single...thinking that that will work...it won't.

You need to get with your husband to get that straightened out right away. If he hasn't filed, there is NO transcript for 2013. USCIS/NVC/Manila Embassy want either the transcript or a copy of his filed returns. They do check with the IRS to see if he has filed...if not, they will delay your visa until he produces that paperwork.

[Ed and Gina 45]

Yes...you still need the ITIN if he is going to file as Married...and if you're for a spousal visa...K3...like my wife (a Filipino Citizen currently living near Manila) and I and anyone else...he has to file as MARRIED since you were married last year - according to your timeline. An ITIN is designed for foreign citizens who are not yet eligible for a social security number. Your husband must have a Tax ID number for you to file as Married. If he files as single...thinking that that will work...it won't.

You need to get with your husband to get that straightened out right away. If he hasn't filed, there is NO transcript for 2013. USCIS/NVC/Manila Embassy want either the transcript or a copy of his filed returns. They do check with the IRS to see if he has filed...if not, they will delay your visa until he produces that paperwork.

I see that you're filing in Manila...is he in the Philippines or in the states right now??? And, I see that you got your NOA2 for an I-130...that may change things...he will still need to look into it. I don't know if filing for an extension is suitable...that you'll need to look into. You had K3 on your profile...but, according to your timeline, you've received NOA2 on an I-130...that's a different process.

[Maw 1]

I see that you're filing in Manila...is he in the Philippines or in the states right now??? And, I see that you got your NOA2 for an I-130...that may change things...he will still need to look into it. I don't know if filing for an extension is suitable...that you'll need to look into. You had K3 on your profile...but, according to your timeline, you've received NOA2 on an I-130...that's a different process.

I'm sorry to get you confused. He is in the states right now and he filed the petition in Utah. We already got our NOA2 for I130. We have to continue the process using I130.

How to have my RED RIBBON passport done? What do you mean when you say "it may change and it's a different process" for K3 and spousal?

[Maw 1]

I see that you're filing in Manila...is he in the Philippines or in the states right now??? And, I see that you got your NOA2 for an I-130...that may change things...he will still need to look into it. I don't know if filing for an extension is suitable...that you'll need to look into. You had K3 on your profile...but, according to your timeline, you've received NOA2 on an I-130...that's a different process.

Did you file for K3 or I130?

[aaron2020 11,651]

Hi,

Your husband must file a 2013 tax return. At the very least he needed to file for an extension where he must estimate and pay his estimated taxes. He has now missed the deadline to file for an extension. He now must file a late tax return and pay the penalties.

The W-2 and pay stubs are insufficient.

No tax return = no visa.

Sorry.

[Ed and Gina 45]

I'm sorry to get you confused. He is in the states right now and he filed the petition in Utah. We already got our NOA2 for I130. We have to continue the process using I130.

How to have my RED RIBBON passport done? What do you mean when you say "it may change and it's a different process" for K3 and spousal?

Under a K3, he would uses the I-134 Affidavit of Support. Since you've been approved for an I-130, he has to use the I-864 Form. Since you will be eligible for a Social Security Number upon entering the States, you are not eligible for an ITIN. You husband needs to find out how he can file as Married even though you don't have a Tax ID Number - which is required to file the tax return as Married.

Perhaps others who have filed for the I-130 will be assist you. However, your husband should be looking into this as it is his responsibility to ensure that the Affidavit of Support and the Supporting documents are accurate and complete.

At this point, getting a Red Ribbon certified document/passport is not necessary.

Fortunately, once the NVC completes their processing (approximately 4 - 5 months unless you can expedite if you live in one of the Typhoon affected areas)...at least the embassy will set an appointment for you - you won't have to compete for an appointment on their website!!!

The NVC will be sending your husband a letter explaining what he has to provide. Good Luck!

[aaron2020 11,651]

Do not worry about the ITIN.

Your husband can file as married filing separately. Once you get to the US and get your SSN, he can amend his tax return to add you a a joint filer.

Waiting for the ITIN so he can file his tax return so he then can file the I-864 is a waste of time when is not absolutely necessary right now.

[aaron2020 11,651]

Hi,

Your husband must file a 2013 tax return. At the very least he needed to file for an extension where he must estimate and pay his estimated taxes. He has now missed the deadline to file for an extension. He now must file a late tax return and pay the penalties.

The W-2 and pay stubs are insufficient.

No tax return = no visa.

Sorry.

[sweetswinks 400]

Hi,

Your husband must file a 2013 tax return. At the very least he needed to file for an extension where he must estimate and pay his estimated taxes. He has now missed the deadline to file for an extension. He now must file a late tax return and pay the penalties.

The W-2 and pay stubs are insufficient.

No tax return = no visa.

Sorry.

I thought tax returns were only required for the I-134 and I-864 if you were self-employed?

Edited June 24, 2014 by sweetswinks