Request for Inital Evidence LATEST TAX RETURN

[PiaW 0]

My husband (US) and I (Costa Rica) were married in December 2015. We filed concurrent I-130 and I-485

My husband's accountant said they can't do taxes for 2015 without a Social Security number or a Tax payer ID.

The lawyer told us that a tax payer ID will confuse things and we were told to send in previous years taxes (2012,2013 and 2014) and stated can't file 2015 till we have a Social Security number.

Now USCIS is asking for 2015 Tax returns.

how have others dealt with this? Husband is considering just filing the form as a single for 2015 and loosing the money owed for being married in 2015 to solve this but hate to lose more money to this process. Any tips will be highly appreciate it.

Pri

[Kastrs 723]

My husband (US) and I (Costa Rica) were married in December 2015. We filed concurrent I-130 and I-485

My husband's accountant said they can't do taxes for 2015 without a Social Security number or a Tax payer ID.

The lawyer told us that a tax payer ID will confuse things and we were told to send in previous years taxes (2012,2013 and 2014) and stated can't file 2015 till we have a Social Security number.

Now USCIS is asking for 2015 Tax returns.

how have others dealt with this? Husband is considering just filing the form as a single for 2015 and loosing the money owed for being married in 2015 to solve this but hate to lose more money to this process. Any tips will be highly appreciate it.

Pri

the accountant is completely wrong easiest thing for him to do now is file married filing separate, he will have to file using a paper return and write in NRA where your ss number should go

[Shauneg 762]

You're accountant sucks. Waste of money...

[Gretch 11]

Amazing that an accountant and lawyer could be so misinformed. Now, the accountant was correct that he couldn't file taxes for YOU without a social security number, but surely he didn't say your husband also didn't need to file taxes? How could anyone who has lived in the US any length of time think they could just skip filing taxes?

You were only married in December anyway; while technically people married in December can file as "married filing jointly" for the full year, that's gaming the system anyway. Legal, but gaming. You aren't "losing money to this process", the money was never there to begin with.

I'm sorry you and your husband got such bad advice.

[Shauneg 762]

Amazing that an accountant and lawyer could be so misinformed. Now, the accountant was correct that he couldn't file taxes for YOU without a social security number, but surely he didn't say your husband also didn't need to file taxes? How could anyone who has lived in the US any length of time think they could just skip filing taxes?

You were only married in December anyway; while technically people married in December can file as "married filing jointly" for the full year, that's gaming the system anyway. Legal, but gaming. You aren't "losing money to this process", the money was never there to begin with.

I'm sorry you and your husband got such bad advice.

It's not gaming. It's your status on Dec 31st that counts. It's law.

[Gretch 11]

I know it's law, that's why I said "it's legal". Many people get married in December so they can have the "married filing jointly" tax benefits of the whole year, which is gaming. Of course plenty of people get married in December because that's when they want to get married, and they still get the benefits. But the OP is not somehow getting cheated out of something rightfully deserved because they have to file "married filing separately" even though they got married in December. (I'm not saying the OP got married in December on purpose for tax benefits, either.)

[Shauneg 762]

I know it's law, that's why I said "it's legal". Many people get married in December so they can have the "married filing jointly" tax benefits of the whole year, which is gaming. Of course plenty of people get married in December because that's when they want to get married, and they still get the benefits. But the OP is not somehow getting cheated out of something rightfully deserved because they have to file "married filing separately" even though they got married in December. (I'm not saying the OP got married in December on purpose for tax benefits, either.)

You said people who get married in December game the system.....no they don't. They have no alternative but to file married. It's not like have a choice.

[Gretch 11]

Yes, some people who get married in December ARE doing it to game the system. That's just a fact. People who get married at the end of the year get all kinds of jokes about "just in time for the tax break, huh?" And people who get married in January get told "You should have done it in December for the tax break!" New parents of December and January babies get the same kind of reaction.

If both spouses have social security numbers, they can CHOOSE to file jointly or separately. It's well within their right to file jointly and get the benefit.

If one spouse doesn't, the only option is to file "married filing separately". But that doesn't mean they're being cheated out of something rightfully theirs. That's just how the system works.

[Shauneg 762]

Yes, some people who get married in December ARE doing it to game the system. That's just a fact. People who get married at the end of the year get all kinds of jokes about "just in time for the tax break, huh?" And people who get married in January get told "You should have done it in December for the tax break!" New parents of December and January babies get the same kind of reaction.

If both spouses have social security numbers, they can CHOOSE to file jointly or separately. It's well within their right to file jointly and get the benefit.

If one spouse doesn't, the only option is to file "married filing separately". But that doesn't mean they're being cheated out of something rightfully theirs. That's just how the system works.

You don't need a ssn to file. Jointly or seperate is an option....and one left to the couple to choose. Like I said their accountant is an idiot.

I know people will get married in Dec versus Jan for the reason you said. But Dec accounts for almost 10% of the year so it's a stretch to imply directly or indirectly that all who marry in Dec are gaming anything which is what you started off saying.

Either way op needs to file married jointly or seperate...whatever that may be.

[PiaW 0]

Thank you for the responses.

We were never advised NOT to do taxes. Since he always gets money back he can file them late without penalty.

I like the NRA idea and will check with the same accountant and with a different one!!

Hope this doesn't delay the whole process a whole lot, as it reads I have so many days to send the evidence.

Another question, if they need more evidence, do they send all "Requests for Initial Evidence" in separate envelopes or I can hope this is the only one I'm getting?

thanks again!

[Pennycat 880]

My husband (US) and I (Costa Rica) were married in December 2015. We filed concurrent I-130 and I-485

My husband's accountant said they can't do taxes for 2015 without a Social Security number or a Tax payer ID.

The lawyer told us that a tax payer ID will confuse things and we were told to send in previous years taxes (2012,2013 and 2014) and stated can't file 2015 till we have a Social Security number.

Now USCIS is asking for 2015 Tax returns.

how have others dealt with this? Husband is considering just filing the form as a single for 2015 and loosing the money owed for being married in 2015 to solve this but hate to lose more money to this process. Any tips will be highly appreciate it.

Pri

Oof, ok. We were in the same situation as you (sort of, we adjusted from a K1)- but married in Dec 2015 (we did it to be comfortably within the 90 days which expired in mid-January and also yes the tax break. It was worth $7000 to us. Not gaming the system at all, just doing something that had to be done in the next few weeks anyway a little earlier than strictly necessary). ANYWAY, I was expecting a refund so didn't *have* to file until he got an SSN but I was concerned about getting this exact RFE and I wanted the refund faster. It was easy to get the taxpayer ID, but even the IRS guy said that it can get confusing after he has an SSN-- just make sure you roll the ITIN under the new SSN and we should be good. But, it's too late for you to do that-- it'll take too long and you've got to reply to the RFE.

Him filing married filing separately (not single. Single means not married. Married people can choose to file together or separately, with together almost always being seriously financially better), is really your only option right now and will mean that he won't get nearly as big a refund as he would have if he filed with you but the GOOD news is that he can file an "amended return" anytime in the next 3 years to get that full refund. You'll just have to wait for the money longer.

Alternatively, you could see if your Congressman's office can call USCIS for you and explain that you weren't required to file because you're expecting a refund and complications of SSN etc but honestly, I'd just file, print out a copy of the return and send it to USCIS.

[Pennycat 880]

Yes, some people who get married in December ARE doing it to game the system. That's just a fact. People who get married at the end of the year get all kinds of jokes about "just in time for the tax break, huh?" And people who get married in January get told "You should have done it in December for the tax break!" New parents of December and January babies get the same kind of reaction.

If both spouses have social security numbers, they can CHOOSE to file jointly or separately. It's well within their right to file jointly and get the benefit.

If one spouse doesn't, the only option is to file "married filing separately". But that doesn't mean they're being cheated out of something rightfully theirs. That's just how the system works.

Very false. My husband didn't have an SSN when we filed and we filed married filing jointly. Already got the refund, used a chunk of it for our honeymoon. You just *also* have to file a W-7 to apply for an ITIN (International Taxpayer Identification Number) and either mail in your passport or go to an IRS office that is authorized to check passports and there you have it. It was literally the easiest and most pleasant encounter with a government agency I've had in years.

[Gretch 11]

Right, you have to have the SS or the ITIN--didn't think about the ITIN because for most of us that's either difficult or impossible to get with the passports. The OP mentioned that in the first place.

But, for the record, getting married in December in order to get the tax break is exactly what "gaming the system" is. There's nothing WRONG with it. It is neither unethical nor illegal. That's just what it is! Why not get the money if you can? I would. I was pointing out that the money was not somehow "owed" to the OP--it's not losing something, it's just not getting it. I guess that phrase put some people on the defensive. I'm dropping that topic.

Thanks for providing the info about how you filed for taxes; I don't think it's widely known, though not applicable to most CR-1 people. Those in VWP countries might be able to do it.

[PiaW 0]

Oof, ok. We were in the same situation as you (sort of, we adjusted from a K1)- but married in Dec 2015 (we did it to be comfortably within the 90 days which expired in mid-January and also yes the tax break. It was worth $7000 to us. Not gaming the system at all, just doing something that had to be done in the next few weeks anyway a little earlier than strictly necessary). ANYWAY, I was expecting a refund so didn't *have* to file until he got an SSN but I was concerned about getting this exact RFE and I wanted the refund faster. It was easy to get the taxpayer ID, but even the IRS guy said that it can get confusing after he has an SSN-- just make sure you roll the ITIN under the new SSN and we should be good. But, it's too late for you to do that-- it'll take too long and you've got to reply to the RFE.

Him filing married filing separately (not single. Single means not married. Married people can choose to file together or separately, with together almost always being seriously financially better), is really your only option right now and will mean that he won't get nearly as big a refund as he would have if he filed with you but the GOOD news is that he can file an "amended return" anytime in the next 3 years to get that full refund. You'll just have to wait for the money longer.

Alternatively, you could see if your Congressman's office can call USCIS for you and explain that you weren't required to file because you're expecting a refund and complications of SSN etc but honestly, I'd just file, print out a copy of the return and send it to USCIS.

thanks for all the feedback Catherine! we had that same situation married back in December to be within the 90 days plus it was ideal for the family. We've got the tax documents now and are writing NRA on the tax ID to be able to to send the documents right away. Will look into the amended return if applies. Thanks so much!