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Posted (edited)

Hello. I'm really at a loss of where to start with this question. My wife and I are still waiting for our NOA2 from Nebraska. Our PD is 11/29/18. We filed our taxes for 2017 as married filing jointly but, since she has never been in the USA, we also had to file for a ITIN.

 

An IRS agent advised me to complete the return and mail it to the department that handles the ITIN and they will in turn process the number and send it to the appropriate department to issue a paper check. That was in mid-March. I  checking the IRS site and it is showing "not found." I am spending the summer with my wife in the Dominican Republic and so, it is difficult to call the IRS since they do not have a direct number.  My son will put me on a 3 way call tomorrow but I'm not sure if that will work given usual waiting times. So, here is my question. 

 

I have transcripts for 3 years and W2s from work for this year along with a copy of the form I sent in. I'm not sure how long after we receive an answer (If approved) from USCIS that we will submit the I-864. (I read that it can be a couple months after receiving the welcome letter from NVC). I think I should have the current year tax transcript soon but if not, can I send in W2s, a letter from my employer, a copy of what I sent, and transcripts from the past 2-3  years? (I am also hoping to not run into complications getting the transcript).

 

The problems were that I needed to file as married (so as not not raise questions with USCIS) and she not having a Social Security number or ITIN complicated the whole filing process. 

 

Thank you for your answers. I'm concerned about this. My income is well within the required range. I just need to know how to prepare so as to avoid any delays.

 

Also, my ex-wife's name is on my past tax returns since we also filed jointly.

Edited by C&AH
Filed: Citizen (apr) Country: Colombia
Timeline
Posted

From what I can tell, you've done everything correctly. The IRS can be slow issuing an ITIN or in my wife's case, they denied the issuance of an ITIN with the explanation that she'd be immigrating soon and could get an SSN at that time. Along with filing for the ITIN, I also filed my 1040 married/jointly. However, the IRS issued my refund as if I filed married/separate. I was not able to get the balance of my refund until months later when my wife actually immigrated and received her SSN. As far as USCIS goes, they just want to see that you filed married/separately or married/jointly. So it looks like you're good on that count. The fact that you filed earlier returns as married to your previous wife should have no effect as long as you have also sent in evidence of your divorce. Good luck.

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

Filed: Other Country: China
Timeline
Posted

Check those I-864 instructions again and then interpret the word "or" literally, as it applies to tax return transcripts OR complete copy of tax return.

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Posted
35 minutes ago, Russ&Caro said:

From what I can tell, you've done everything correctly. The IRS can be slow issuing an ITIN or in my wife's case, they denied the issuance of an ITIN with the explanation that she'd be immigrating soon and could get an SSN at that time. Along with filing for the ITIN, I also filed my 1040 married/jointly. However, the IRS issued my refund as if I filed married/separate. I was not able to get the balance of my refund until months later when my wife actually immigrated and received her SSN. As far as USCIS goes, they just want to see that you filed married/separately or married/jointly. So it looks like you're good on that count. The fact that you filed earlier returns as married to your previous wife should have no effect as long as you have also sent in evidence of your divorce. Good luck.

Okay. The problem is that I cannot get the transcript until I get the refund. So, how do I prove that we filed as married-jointly? Copies of the paper tax documents I originally submitted?

Posted
33 minutes ago, pushbrk said:

Check those I-864 instructions again and then interpret the word "or" literally, as it applies to tax return transcripts OR complete copy of tax return.

I did. So, would I send in a copy of the documents I originally submitted? The overall problem is getting a transcript until they process the paperwork. 

Posted

yes you can send in the tax return instead of the tax transcript for this year. just be sure that you send in copies of  all documents including  W-2 forms and/ or any other documents you sent to irs with your tax return

If you do get the tax transcript in time just send that in as that is all that is needed if sending in transcript


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Filed: Other Country: China
Timeline
Posted
1 hour ago, C&AH said:

I did. So, would I send in a copy of the documents I originally submitted? The overall problem is getting a transcript until they process the paperwork. 

Because the word OR is operative in those instructions, getting a transcript is NOT a problem at all.  You don't need one.

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Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Right, you don't necessarily need a transcript if you have a copy of the original signed return. However, you might be able to get a transcript anyway. Note, the IRS still processes the return even without the ITIN or SSN. They just process it as Married filing separately. I'm guessing they'll produce a transcript within their archives, as well, which you may order. Your wife's name would still appear on the transcript even without the ITIN.

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

Filed: Other Country: China
Timeline
Posted
14 hours ago, Russ&Caro said:

Right, you don't necessarily need a transcript if you have a copy of the original signed return. However, you might be able to get a transcript anyway. Note, the IRS still processes the return even without the ITIN or SSN. They just process it as Married filing separately. I'm guessing they'll produce a transcript within their archives, as well, which you may order. Your wife's name would still appear on the transcript even without the ITIN.

It's fine to sign the copy but not a requirement.  You are providing the copy as supporting documentation to an affidavit you signed under penalty of perjury.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

Because you haven't received your NOA2 yet and it takes another 6 to 8 weeks from NOA2 to get the case number from NVC, you have time. You will most likely have IRS transcripts available by the time you will need to send in AOS or upload it to CEAC. I did file my taxes jointly at the end of March and my transcripts just became available earlier this month. 

Ladies and Gentlemen, Welcome to the 2018 Waiting Games.

 

 
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