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Filing Taxes while CR-1 in progress

By AJLove in Tax & Finances During US Immigration

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AJLove Explorer

AJLove   53

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

Hi Guys,

 

What is the best way to file taxes while CR-1 is pending approval? I am sure most of us are in the same boat as me where spouse lives abroad with no SSN/ITIN, so wondering what approach is the best way to go.

 

Also when submitting documents for NVC, we do not need to wait until we file taxes for 2017 as married, correct?


Thanks!

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SabRob Collaborator

SabRob   154

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Filed: Citizen (pnd) Country: Romania
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So I take it you're waiting for I-130 approval? Just file as married filing separately. 

 

Also just send your latest tax return to the NVC whenever the time comes, whether it will be 2016 or 2017. 

 

N400 filed - online: 10/30/2020

NOA: 11/02/2020

Bio reuse: 12/30/2020

USCIS changed to "Interview Scheduled": 06/07/2021

Interview Date: 07/14/2021 Approved!

USCIS changed to "Oath Ceremony will be scheduled": 07/15/2021

USCIS changed to "Oath Ceremony notice mailed": 07/20/2021

Oath Ceremony: 08/06/2021 🇺🇸

 

 

 

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Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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Moved from IR-1/CR-1 Progress Reports to Tax & Finances During US Immigration forum.

Our journey:

Spoiler

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March 26, 2009: We become a couple!
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Wuozopo Veteran

Wuozopo   4,293

Posted
Filed: Citizen (apr) Country: England
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Posted
5 hours ago, AJLove said:

Hi Guys,

 

What is the best way to file taxes while CR-1 is pending approval? I am sure most of us are in the same boat as me where spouse lives abroad with no SSN/ITIN, so wondering what approach is the best way to go.

 

Also when submitting documents for NVC, we do not need to wait until we file taxes for 2017 as married, correct?


Thanks!

 

You can get an itin for a spouse abroad but it involves her mailing her passport to you, sending off with the return, waiting for it to be processed and passport returned, then sending back to her.  Or taking her passport to an IRS office to be certified. Some consulates can certify. You just have to explore what's available and if feasible. 

https://www.irs.gov/individuals/international-taxpayers/general-itin-information

 

https://www.irs.gov/individuals/international-taxpayers/itin-updated-procedures-frequently-asked-questions

 

You will file married, either separately or joint,  because you got married in 2017. To file jointly, she needs an itin to be on the return. 

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Italian_in_NYC Rising Star

Italian_in_NYC   259

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Filed: Citizen (pnd) Country: Italy
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Posted

It depends on your foreign spouse's personal situation, level of income, foreign (non-US) holdings, investments.

More often than not it's convenient to get an ITIN and file MFJ, but sometimes it is not.

It's not just her income, but there could be burdensome information returns (5471 particularly) to be filed.

Either way, of you are married as of 12/31, you cannot file single.

AOS:

RD: 6/21/06

Biometrics: 7/25/06

ID: 10/24/06 - Approved

Conditional GC Received: 11/3/06

I-751

RD: 7/31/08

NOA 1: 8/6/08

Biometrics: 8/26/08

Transferred to CSC: 2/25/09

Approved: 4/23/09 (email received)

Card mailed: 4/28/09 (email received)

Card Received: 5/1/09

N-400

RD & PD: 7/28/09

NOA 1: 8/1/09

Biometric appt: 8/12/09

Interview Letter received: 10/02/09 (notice dated 09/29)

Interview Date: 11/10/09 at Federal Plaza in Manhattan

Oath Letter: 11/10/09

Oath Date: 11/13/09 - Special ceremony at USS Intrepid - Done - USC

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