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Andreea E.

MFS or MFJ

By Andreea E. in Tax & Finances During US Immigration

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Andreea E. Explorer

Andreea E.   1

Posted
Filed: IR-1/CR-1 Visa Country: Romania
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Posted

Hi all,

My husband (US citizen) is filing his taxes for 2013.

From IRS site I understood that :

- Married Filing Separately- requires ITIN

- Married Filing Jointly doesn't require an ITIN or SSN

I cannot apply for an ITIN because the process is too long and requires my passport. My country does not issue certified copies.

The Instructions for 1040 also mention:

If your spouse does not have and is not required to have a SSN or ITIN, enter “NRA

In which case can NRA be used? Can it be used for MFS?

Can anyone advise if it would be ok to file MFJ? Does MFJ not require an ITIN?

the tax guy advised to file SINGLE, cause I do not have a SSN/ITIN, but we don't want to have problems at the interview.

thanks,

Andreea - the beneficiary- in Romania
Mike - the petitioner- in US


feb 2012- we met on OkCupid
sep 2012 - we met in person and spent 2 weeks together =)
oct 2012 - he proposed to me!!!!
8 Dec 2012- we got married!
13 Mar 2013 - I-130 sent
16 Mar 2013- I-130 package delivered
21 Mar 2013 - case transferred to NBC- email notification; check cashed

4 Nov 2013 - 1st email received: our file was transferred to another office

5 Nov 2013 - 2nd email received: our file was transferred to the local USCIS Office

8 Nov 2013 - 3rd email received: our file was transferred to an USCIS office

8 Nov 2013 - got the letter saying our file is in the California service center

25 Nov 2013 - NOA2 received, file approved

10 Jan 2014 - NVC number received

5 Nov 2014 - fees paid

24 Nov 2014 - NVC received the documents

4 May 2015- Interview

VISA APPROVED!!!!

6 June 2015 - POE in Chicago

Now living in ND

spousewaitingvisa Enthusiast

spousewaitingvisa   39

Posted
Filed: Lift. Cond. (pnd) Country: India
 Timeline
Posted (edited)

Your tax guy is incorrect. Since you both are married, you must state "married". Actually the corrections below are:

- Married Filing Separately - doesn't require iTIN or SSN, just enter "NRA"

- Married Filed Jointly - requires ITIN or SSN.

What your husband can do is:

Your husband can use Married filing Separately with NRA now. When you arrive in the US and get a new SSN card as a newcomer (IR-1 visa or CR-1 visa), your husband can amend the filing to MFJ within 3 years of your husband's filing with your new SSN.

See information: www.irs.gov/publications/p17/ch02.html (see section of Married Filing Separately).

See information: taxmap.ntis.gov/taxmap/pub17/p17-013.htm

Hope this helps.

Hi all,

My husband (US citizen) is filing his taxes for 2013.

From IRS site I understood that :

- Married Filing Separately- requires ITIN

- Married Filing Jointly doesn't require an ITIN or SSN

I cannot apply for an ITIN because the process is too long and requires my passport. My country does not issue certified copies.

The Instructions for 1040 also mention:

If your spouse does not have and is not required to have a SSN or ITIN, enter “NRA

In which case can NRA be used? Can it be used for MFS?

Can anyone advise if it would be ok to file MFJ? Does MFJ not require an ITIN?

the tax guy advised to file SINGLE, cause I do not have a SSN/ITIN, but we don't want to have problems at the interview.

thanks,

Edited by spousewaitingvisa
 
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