Filing 2015 Taxes- Please Help.

[kc214 8]

Taxes are sooo confusing.

So my husband and I are currently going through the I-130 process. We received are NOA2 in August but were unable to start the NVC process because I am living abroad with him and the cosigner we were counting on backed out on us. My mom has agreed to be our cosigner but we have to wait for her to complete her 2015 tax returns because in 2014 she didnt meet the required amount need to for NVC process.

Now I have a question about me. In 2014 I only worked for the 3 last months and made less than $4,000 so from what I researched I wouldnt have to complete my tax returns. Now that I can complete the 2015 taxes I thought I would go ahead and do them so that I wouldnt have to provide proof to the NVC as to why I didnt complete my 2014 tax returns...but now that I was going to do it through Turbo Tax I found out that I have to apply as married filing separately, but my husband doesnt have a SSN yet, so we need a ITIN number which would take 7 weeks!

Would you guys recommend that I just not do my 2015 taxes yet, until the NVC process is over, or take the long route and apply for an ITIN number for him and then do my 2015 taxes. The latter meaning I would have to wait another 7 wks before I can start my NVC process.

If I take the route of not doing my 2015 taxes, what is enough proof for the NVC for not filing 2014 taxes. I was a full time student for the first 6 months but I don't know if this is enough information for them. I just dont want to get an RFE. I have been miserable knowing that we are losing so much precious time. We could have been done with the whole process by now.

Thanks for any input!!

Edited January 16, 2016 by kc214

[Darnell 8,478]

eh - i suggest you file 'marriaged filing jointly', and chase the ITIN through including IRS Form W-7 in the tax return submittal,

all

paper-filed to the special ITIN Intake address in Austin, TX.

There's a bit to this, is not a trivial thing.

But the cool bit? you two have additional evidence of a bonafide marriage, a jointly-filed tax return.

as to time and timing, remember, the I-864 is adjudicated on interview day, not prior. NVC checks it for completeness and SOME financial info, but they not adjudicate prior. You could give them a copy of what you filed, and then show more on interview day, and that's allowed.

[RobertM54 36]

I'm not sure Turbo tax gets to decide whether you can file jointly.

"https://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Nonresident-Alien-Spouse"

Plus, you can always file a 2014 return now.

Edited January 16, 2016 by RobertM54

[Sukie 1,460]

If you want to file 2015 now, then file "Married, Filing Separately" and later, when your spouse is in the US and has a SSN, you can amend your tax return.

Getting an ITIN is a royal Pain-In-The-@$$. If you do MFS for 2015, when you submit your documentation to NVC, you add an explanation about why you have done your taxes as you have, and that you intend to amend them as soon as your spouse gets the SSN.

Sukie in NY

[MariaR323 199]

I agree that the ITIN process is not the most efficient. With that being said, you do have the option of filing seperately, MFS. Not sure what your financial picture looks like and if by using the MFS status it would create a tax liability where you would have to pay taxes. If it doesn't and/or you don't mind creating a balance at first then you're ok.

Other than that, your only other option is to file MFJ. As others have said though you don't request an ITIN first and then file... the ITIN application is submitted along with your completed tax return. Yes, it does take approx. 6 weeks to process the ITIN, hence it would take approx. a total of maybe 8 to 12wks to process the tax return after they approve the ITIN. Not sure what documents you are required to take but you would have a copy of your completed tax return you just wouldn't be able to get a tax transcript until the return is actually processed.

[Nich-Nick 3,354]

The difficulty of getting an ITIN is that basically the real passport of the foreigner has to be mailed to you. Then you mail the tax return, ITIN application, his passport off to Austin, TX not knowing how long it will take them to process and mail the passport back to you. The middle of immigration is not a time for one's passport to be mailed around. Also you would have to mail the paper return to him to sign because it would be joint, then get it back to file.There are ways to get foreign passports verified in some foreign countries, but it is not always an easy thing or free. Find the exact details on the IRS website.

If you file 2015 as Married Separately, you do have to list his name as your spouse. It asks for his SSN or ITIN, but if he has neither, you can write NRA for Non-resident alien. TurboTax won't let you put letters in that field, so you have to ignore all the warnings of failure and continue until you finish the return. Then print a paper copy and hand write NRA in the field and mail it instead of e-file. I know the installed on your computer version lets you do that easily. The online version may not be so flexible to allow you to print instead of e-file.

So back to your 2014 taxes. If you were married in the year 2014, then the cut-off was $3950. If you are under that you do not have to file. Instead of putting a 2014 tax return in your I-864 pack, you put a signed statement in it's place. STATEMENT OF NOT FILING TAXES. I was not required to file taxes in 2014 because my total earnings were $3847.10, which is below the filing threshold OF $3950 for a Married Filing Separate return. SIGNATURE Done! No documentation needed. That is pretty easy.

Edited January 17, 2016 by Nich-Nick