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Question about tax filing

By Joy-girl in Tax & Finances During US Immigration

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Joy-girl Contributor

Joy-girl   3

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For those still waiting for the I-130 approval, how are you filing your taxes?  My thought is that it may be beneficial to file as married ( either jointly or separately) but since the beneficiary has no SSN yet, what is the best way to file and still reflect that you are married?

Thanks

Ontarkie Grand Master

Ontarkie   14,369

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~~Moved to Taxes and Finances, from Off Topic - The question is about taxes.~~

 

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Hypnos Grand Master

Hypnos   6,578

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File married filing jointly, and when asked for your spouse's SSN enter "NRA" (for Non-Resident Alien).

 

You won't be able to e-file using this method, I believe.

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Wuozopo Veteran

Wuozopo   4,293

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1 hour ago, Joy-girl said:

For those still waiting for the I-130 approval, how are you filing your taxes?  My thought is that it may be beneficial to file as married ( either jointly or separately) but since the beneficiary has no SSN yet, what is the best way to file and still reflect that you are married?

Thanks

If you are married you are required to file married (separate or jointly)  unless you qualify for head of household. From the IRS 1040 instructions for Married Filing Separately:

Be sure to enter your spouse's SSN or ITIN on Form 1040. If your spouse doesn't have and isn't required to have an SSN or ITIN, enter “NRA.” 

 

To file jointly, your spouse must have an ITIN since not eligible for a SSN. It's complicated to get one because of the documentation required, but you can look up the details on IRS.gov.

Hypnos Grand Master

Hypnos   6,578

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Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
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13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
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Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

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bakphx1 Proficient

bakphx1   789

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Posted

I did the joint filing last year before we had the visa. 

 

The ITIN must be done by an acceptance agent.  Google ITIN acceptance agent.  For some reason, SSA expects the person to go in person if you go directly to the SSA. 

 

The acceptance agent is a tax preparer who can submit the forms to the paper return (has to be paper).  You do have to send the passport back and forth. Best to have the tax return completed for your spouse to print and sign to return with the passport to save package service fees. 

 

It was a little work, but wort it to me.  

 
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