GC Marriage interview next week. Can't fill taxes jointly issue, need advice!

[bahamamama234 25]

Hi everyone, so me and my husband were planning in showing next week a filled joint tax return , the problem is that H&R block said we can't unless I have a number which takes 6 months to come if I apply through IRS or if I have a SSN, which I don't because I got my EAD last week and did not applied for SSN yet.

Should my husband file a ''married filling separate'' return , and we show this to the officer in our marriage interview if they ask for his tax copy, and explain It could not be filled jointly cause I don't have SSN or should we wait to file his taxes only when I have my SSN? and next week in the interview say we are still in the process of filling his tax?

Thanks in advance

Edited January 30, 2015 by Jabuticaba 1

[1stLoveRedo 111]

H&R block SHOULD Know about ITIN

Talk to the manager/owner as they should ne knowledable. H&R Block is a franchise and person in charge should be knowledgable. Now, they do hire seasonal workers that might not be familiar with ITIN's.

There are two optios:

Prepare your tax return, filling as 'married filling jointly' and either

1. File for ITIN for your husband withyour tax return. OR

2. Do the taxes as you would , married filling jointly, if you have to pay anything - do pay- and file extension. Once he gets here and you get the SSN, file then. You have until Oct 15, 2015 to file under the extension.

If you file with ITIN then you will have to submit to IRS a request to recognize EIC http://www.irs.gov/I...x-Professionals, which is ok but it's much easier to file extension and go without the ITIN then to file, and then file with IRS to recognize the earned income credit.

If you file married filling separately, the tax bracket will be higher and you will pay more in taxes.

I am a Bookkeeper and this is what I do for living.

Edited January 30, 2015 by 1stLoveRedo

[NancyNguyen 1,658]

Tax is not due yet by the time you are interviewed, so focus on other evidences. IO will understand. Good luck.

[KayDeeCee 4,896]

ITIN is for those not eligible for an SSN. The OP is eligible now. They are already in the US, have an EAD and are going for an interview for their green card. http://www.irs.gov/Individuals/General-ITIN-Information

Show other evidence types. If they ask about joint taxes, tell them you have not yet filed. You can go now with your EAD to the SSA to get your SSN though. Should not take long to receive it. If they tell you it will be mailed to you in 7-10 days, you can still return to the SSA in a couple days to ask for your SSN. They should be able to provide you with your number while you wait for the actual card to arrive in the mail. Or, you can wait until you have your green card, and then the SS card you receive will have no stipulation printed on it about needing DHS authorization to work.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas- OP adjusting from tourist visa ~

Edited January 30, 2015 by KayDeeCee

[Dave&Roza 748]

Hi everyone, so me and my husband were planning in showing next week a filled joint tax return , the problem is that H&R block said we can't unless I have a number which takes 6 months to come if I apply through IRS or if I have a SSN, which I don't because I got my EAD last week and did not applied for SSN yet.

Should my husband file a ''married filling separate'' return , and we show this to the officer in our marriage interview if they ask for his tax copy, and explain It could not be filled jointly cause I don't have SSN or should we wait to file his taxes only when I have my SSN? and next week in the interview say we are still in the process of filling his tax?

Thanks in advance

The question of whether to file as MFJ or MFS depends on YOUR tax situation. You might want to run your tax return as a joint return and then with him filing his own return and then you would not need to file as you are not a LPR yet. H&R Block should also know that if you want to file MFJ that you also need to write a letter stating that you want to be considered a LPR for TAXES for 2014 unless you meet the residency requirements--you are not a LPR yet so you do not qualify based on residency--and both you and your husband have to sign this document and include it with your tax return. Once you deterime which filing method causes the least amount of taxes owed then you can determine if you need a SSN or not ASAP.

You can use the EAD card to get a SSN now as KayDeeCee says. I would go and get the SSN ASAP as life in the US is very hard without one. Then i would see which filing method is best and if a SSN is needed either wait for it to arrive--you have until April 15th to file--or file an extension to give yourself until October 15th--just be sure to pay any taxes due by the 15th of April. Do not let the USCIS cause you to rush your taxes. Taxes are the IRS' jurisduction and you should handle them the way you would if not dealing with the USCIS just as you should handle all things immigration related based on the USCIS' rules and procedures.

Good luck,

Dave

P.S. Compete a tax return either by hand or using a tax preparing software and take a copy of that along with all supporting documents to the interview. Nowhere does it state they want to see a filed tax return, only a complete copy--they are just assuming the tax return copy you supply them has been filed with the IRS. Then file the return after the interview and then order a tax transcript for the ROC phase.

Edited January 30, 2015 by Dave&Roza

[bahamamama234 25]

Interview is next tuesday, we kinda wanted to wait until AFTER the interview to file it so I have the GC in hands....

Is it ok if we go without a tax return? we have another 40 pages of proof of bonafide marriage

[1stLoveRedo 111]

Interview is next tuesday, we kinda wanted to wait until AFTER the interview to file it so I have the GC in hands....

Is it ok if we go without a tax return? we have another 40 pages of proof of bonafide marriage

Taxes are due by 04/15/2015 so you should be just fine

[bahamamama234 25]

Thank you very much !