NVC Filers - March 2015

[hmscott 0]

Ok, I have another question/issue- and others may want to be aware of this before filing your taxes that includes a non-resident alien spouse.

So it looks like the IRS is requiring me to file for a W-7 for my non resident alien spouse (he is Swedish and is NOT in the US) in order for him to get an ITIN- even though I am filing (and have filed in 2013/2014 as Married Filing Separately). I have seen on this forum that people who are Married Filing Separately are puttin NRA (non resident alien) in the part of tax form that asks for spouse SSN. Well, I did that and received a notice from the IRS 6 months later that they can not accept this. We already filed everything with NVC and have received our first checklist...but this issue was not part of the checklist. However, I was not able to provide my amended 2013 tax transcript because the IRS will not process it without an ITIN # for my spouse (and the w-7 form takes up to 8 weeks to process).

I am now crossing my fingers that NVC will accept my printed copy of 2013 1040X (and not the official transcript) since I cant get it without filing for W-7 and getting ITIN # for my spouse. I am not sure if this is a new change with IRS, or what. Just wanted everyone to have a heads up that this may be another hurdle...and to file for the w-7 as soon as possible so you can file your taxes with properly and not get messed up as I have.

My question, has anyone run into this? Are you all aware of the w-7 needing to be filed for non-resident alien spouse so you can put an ITIN number on taxes even if filing separately? This may need to go into wiki if so...

[Avandongen 83]

After a case completed, anyone know how long it takes to receive the interview letter in general?

Im wondering the same.

[OLee 64]

My question, has anyone run into this? Are you all aware of the w-7 needing to be filed for non-resident alien spouse so you can put an ITIN number on taxes even if filing separately? This may need to go into wiki if so...

It is in at least one of the wiki guides. I am sure I read it, but as it did not apply to us, so I didn't try to memorize where it was.

[Frips 166]

Hi people

I'm officially out of NVC....CEAC portal is showing "In Transit". Thx everyone for all provided help! You guys ROCK:)

[Jamy2014 68]

Hi people

I'm officially out of NVC....CEAC portal is showing "In Transit". Thx everyone for all provided help! You guys ROCK:)

Yeah!

[Frips 166]

Jamy you are right behind me:)

[Peace&Love 26]

After a case completed, anyone know how long it takes to receive the interview letter in general?

I got mine 6 days after case completed. I got Interview letter, but I didn't get case completed letter first, I found out my case was CC from seeing 3NA then calling to NVC. The interview letter P4 depends on how busy the embassy you are applying. Some people get it fast and for some takes longer. Check out the Case Complete to Interview Spreadsheet (https://docs.google.com/spreadsheet/ccc?key=0AtbvTEwLyHz1dEhlZjdKczRMRmJrSnc5MTk1SkVrYVE&usp=sharing#gid=0)

[Jamy2014 68]

Jamy you are right behind me:)

We see the light at the end of the tunnel!

[mrs thb 331]

Hi people

I'm officially out of NVC....CEAC portal is showing "In Transit". Thx everyone for all provided help! You guys ROCK:)

ya hoooooooooooo! bet you're super happy......and so are we! good luck with moving:)

[Saylin 1,605]

Ok, I have another question/issue- and others may want to be aware of this before filing your taxes that includes a non-resident alien spouse.

So it looks like the IRS is requiring me to file for a W-7 for my non resident alien spouse (he is Swedish and is NOT in the US) in order for him to get an ITIN- even though I am filing (and have filed in 2013/2014 as Married Filing Separately). I have seen on this forum that people who are Married Filing Separately are puttin NRA (non resident alien) in the part of tax form that asks for spouse SSN. Well, I did that and received a notice from the IRS 6 months later that they can not accept this. We already filed everything with NVC and have received our first checklist...but this issue was not part of the checklist. However, I was not able to provide my amended 2013 tax transcript because the IRS will not process it without an ITIN # for my spouse (and the w-7 form takes up to 8 weeks to process).

I am now crossing my fingers that NVC will accept my printed copy of 2013 1040X (and not the official transcript) since I cant get it without filing for W-7 and getting ITIN # for my spouse. I am not sure if this is a new change with IRS, or what. Just wanted everyone to have a heads up that this may be another hurdle...and to file for the w-7 as soon as possible so you can file your taxes with properly and not get messed up as I have.

My question, has anyone run into this? Are you all aware of the w-7 needing to be filed for non-resident alien spouse so you can put an ITIN number on taxes even if filing separately? This may need to go into wiki if so...

Hmm, that's odd. I've never heard of a W7 being required when filing as MFS. For MFJ, yes, it's required if your spouse doesn't have an IRS#, but for MFS, no. Did you by any chance call IRS and ask about that, cause that sounds weird (or it's just new).

[BrendanT 8]

Hey there everyone, so just received our second checklist

Not happy at all and was really hoping for cc this week. It was for Form I-864, Affidavit of Support, & Financial Evidence. Something to do with how many people in the household and total earnings. Scan date was feb 17, first checklist Feb 21 and second checklist March 27. Do you think they will be quick to finish processing it once we send this form back or do you think it could be another 40 - 60 days? Thanks

Edited March 27, 2015 by BrendanT

[hmscott 0]

Hmm, that's odd. I've never heard of a W7 being required when filing as MFS. For MFJ, yes, it's required if your spouse doesn't have an IRS#, but for MFS, no. Did you by any chance call IRS and ask about that, cause that sounds weird (or it's just new).

Oh yes, I called the IRS of course...and was basically told it was absolutely necessary, and that my accountant should know this, that this was "common knowledge"...and she read all the rules to me over the phone. Honestly, it seems like a gray area to me- I looked online for that info and it seems it could be interpreted that way...but as of now my situation is the IRS says they WILL NOT process my 2013 1040X- and therefor my 2014 taxes as well- without my foreign spouse (Married filing separate) having an ITIN #. so I am praying I squeek by at NVC with the info they have now (all of my transcripts from 2011, 2012 and a printed copy of the filed 2013 1040X amended taxes). Fingers crossed, because otherwise this will be another few months at the very least on top of the 60 days for my checklist (

Here is a copy of the W-7 "rules" for who must apply--- I highlighted the one I think they are applying- but I don't understand how this applies to MFS? Married Filing Jointly, yes...but????grrrr

Who Must Apply

Any individual who is not eligible to get a SSN but who must furnish a taxpayer identification number must apply for an ITIN on Form W-7. Examples include the following.

• A nonresident alien individual claiming reduced withholding under an applicable income tax treaty for which an ITIN is required (see Regulations section 1.1441-1(e)(4)(vii)(A)). Also see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities.

• A nonresident alien individual not eligible for a SSN who is required to file a U.S. tax return or who is filing a U.S. tax return only to claim a refund.

• A nonresident alien individual not eligible for a SSN who elects to file a joint U.S. tax return with a spouse who is a U.S. citizen or resident alien.

• A U.S. resident alien (based on the substantial presence test) who files a U.S. tax return but who is not eligible for a SSN. For information about the substantial presence test, see Pub. 519, U.S. Tax Guide for Aliens.

• An alien spouse claimed as an exemption on a U.S. tax return who is not eligible to get a SSN.

• An alien individual eligible to be claimed as a dependent on a U.S. tax return but who is not eligible to get a SSN. To determine if an alien individual is eligible to be claimed as a dependent on a U.S. tax return, see Pub. 501, Exemptions, Standard Deduction, and Filing Information, and Pub. 519.

• A nonresident alien student, professor, or researcher who is required to file a U.S. tax return but who is not eligible for a SSN, or who is claiming an exception to the tax return filing requirement.

• A dependent/spouse of a nonresident alien U.S. visa holder, who is not eligible for a SSN.

AND I just found this nugget of info on www.americansabroad.org regarding NRA spouses who DO not live in US and are filing MFS...it seems they agree with IRS that an ITIN will be required.

https://americansabroad.org/issues/taxation/us-tax-implications-of-a-non-american-spouse/

2. Choose to treat spouse as nonresident alien for tax purposes.

If you decide you don't want to include your NRA spouse's income on your U.S. tax return, you generally will have to use the filing status of "married, separate".

If you file as “married, separate” AND your spouse has no income from sources within the US AND is not claimed as a dependent of another US taxpayer, you CAN claim an exemption for your NRA spouse (See IRS Publication 17). You need to be sure to obtain an Individual Taxpayer Identification number for your spouse before filing the return. http://www.irs.gov/pub/irs-pdf/fw7.pdf

Edited March 27, 2015 by hmscott

[newtothelift 15]

Just to ask. I notice that a few of the above posters had their documents reviewed in 38, 40 and 48 days. Does this mean that the NVC has reduced the waiting time considerably since January and February?

I had a checklist on the 26th feb (after 64 days) and my documents were re-received on the 6th March. It would be amazing if I hear back within 40 days!

[newtothelift 15]

Hey there everyone, so just received our second checklist

Not happy at all and was really hoping for cc this week. It was for Form I-864, Affidavit of Support, & Financial Evidence. Something to do with how many people in the household and total earnings. Scan date was feb 17, first checklist Feb 21 and second checklist March 27. Do you think they will be quick to finish processing it once we send this form back or do you think it could be another 40 - 60 days? Thanks

Your scan date was feb 17th and you got a checklist feb 21st - so your review period was 4 days???

Then they reviewed your second packet of documents in approx. 27 days???

I am confused

[BrendanT 8]

I think it took 4 days initially because there was specific items missing which my lawyer some how did not send in with the pack such as marriage certificate and polic record and she expressed sent them that day.