I-130 September 2018 Filers

[Bengoj 133]

22 hours ago, John & Rose said:

My spouse isn't here and I filed Married Filing Jointly.  She is worth $7000 extra in the refund so it is better to get her the ITIN and be able to use her as my spouse.  The process is easy for ITIN.  It is worth it too.  Without the ITIN or SSN you cannot get the spousal deduction.

Ok got you. I will do that then. Thanks!

[Bengoj 133]

Just now, Gojo said:

Ok got you. I will do that then. Thanks!

Should I apply for the itin from now or wait until my tax preparer requests the itin?

[amapru 13]

Alright so my accountant and immigration lawyer ended up advising me to file single for the year 2018 because if filing married, my spouse has to have a SSN or ITIN. Also according to my accountant Married filing separately was the worst option. 

 

Also to notice getting an ITIN takes 11+ weeks and applying for it at this time would mean not able to file taxes by April deadline. 

 

Immigration lawyer advised, NVC and consulate are most interested in how much u made previous year in Affadavit of Support, they don’t look at your filing status. Also it makes sense as most of us were single last year for some part of the year. 

 

It it would be a red flag if you keep filing single once your spouse is here and it’s time to extend their green card to permanent green card. 

 

I was hella tripping about this but filing single seemed the best way as of right now. 

[Bengoj 133]

28 minutes ago, amapru said:

Alright so my accountant and immigration lawyer ended up advising me to file single for the year 2018 because if filing married, my spouse has to have a SSN or ITIN. Also according to my accountant Married filing separately was the worst option. 

 

Also to notice getting an ITIN takes 11+ weeks and applying for it at this time would mean not able to file taxes by April deadline. 

 

Immigration lawyer advised, NVC and consulate are most interested in how much u made previous year in Affadavit of Support, they don’t look at your filing status. Also it makes sense as most of us were single last year for some part of the year. 

 

It it would be a red flag if you keep filing single once your spouse is here and it’s time to extend their green card to permanent green card. 

 

I was hella tripping about this but filing single seemed the best way as of right now. 

I just spoke with my tax preparer and asked about filing married filing jointly or separate with my spouse out of the country. He said that we can attach form w7 (itin application) along with my 2018 tax return and mail it in.....hope he knows what he’s talking about 😩😩

[amapru 13]

1 hour ago, Gojo said:

I just spoke with my tax preparer and asked about filing married filing jointly or separate with my spouse out of the country. He said that we can attach form w7 (itin application) along with my 2018 tax return and mail it in.....hope he knows what he’s talking about 😩😩

Damn. I’m so confused. Seems like everyone has something different to say. However, I don’t expect either filing status to raise any red flags. 

[Bengoj 133]

4 hours ago, amapru said:

Damn. I’m so confused. Seems like everyone has something different to say. However, I don’t expect either filing status to raise any red flags. 

Just finished filing my taxes. For 2018 I filed married filing jointly. I printed out form w7 and completed it and attached it to TR and mailed it out. Hope this is fine😩

[amapru 13]

41 minutes ago, Gojo said:

Just finished filing my taxes. For 2018 I filed married filing jointly. I printed out form w7 and completed it and attached it to TR and mailed it out. Hope this is fine😩

I was looking at W7, hope you got signature of your spouse for whom you filed this along with their id etc. keep us updated. 

[John & Rose 7,239]

On 2/15/2019 at 3:48 PM, amapru said:

Damn. I’m so confused. Seems like everyone has something different to say. However, I don’t expect either filing status to raise any red flags. 

You simply file taxes with the signed W7 and proof of identity of your spouse.  The date they receive it is the date it is considered filed.  While it does take up to 11 weeks to get the ITIN, the taxes just have to be postmarked by April 15 to be considered on time.

 

I am waiting on my wife's signed W7 and I have her passport.  As soon as I receive the W7 everything gets sent to Austin, Texas.  That is the only IRS office that handles ITINs.

 

Be careful about being married and filing single.  I have heard that many people have challenges during AOS since they are married but claim to be single on a Federal Form.

[John & Rose 7,239]

On 2/15/2019 at 8:35 PM, Gojo said:

Just finished filing my taxes. For 2018 I filed married filing jointly. I printed out form w7 and completed it and attached it to TR and mailed it out. Hope this is fine😩

The W7 needs the beneficiaries signature.  Did you get that?  It also needs the original passport.  Without those the IRS cannot issue the ITIN. You need to prove the identity of your spouse.

[John & Rose 7,239]

On 2/15/2019 at 3:48 PM, amapru said:

Damn. I’m so confused. Seems like everyone has something different to say. However, I don’t expect either filing status to raise any red flags. 

I don't believe that lying on a Federal form would not be considered a red flag.  It may be considered misrepresentation and the AOS will be denied.  You are stating on a Federal form that you are indeed single and not married.  That would be considered a red flag when you come back and claim you are married for AOS.  

[Bengoj 133]

23 minutes ago, John & Rose said:

The W7 needs the beneficiaries signature.  Did you get that?  It also needs the original passport.  Without those the IRS cannot issue the ITIN. You need to prove the identity of your spouse.

He is not in the US.  I have a copy of his passport ( Will that work?). 

 

I can email him the form, have him sign and scan it back to me. And provide them with my Marriage certificate. I have not mailed my TR yet. I live in DC so I will go directly to IRS office to drop them off. A representative there should be able to assist with this

[John & Rose 7,239]

7 minutes ago, Gojo said:

He is not in the US.  I have a copy of his passport ( Will that work?). 

 

I can email him the form, have him sign and scan it back to me. And provide them with my Marriage certificate. I have not mailed my TR yet. I live in DC so I will go directly to IRS office to drop them off. A representative there should be able to assist with this

When I visited the IRS TAC (Taxpayer Assistance Center) they said wet signature and original or government certified copy of the passport.  That is why I am waiting on the W7.  She had to mail it to me and mail from the Philippines is SLOW.  It has already been 2 weeks.

 

If you look at the instructions for the W7, they tax return, signed W7 and passport MUST be mailed to the Austin, Texas office.  It is the only IRS facility that handles the W7.  Here is a link to the instructions.

 

https://www.irs.gov/forms-pubs/about-form-w-7

Edited February 18, 2019 by John & Rose

[Bengoj 133]

2 minutes ago, John & Rose said:

When I visited the IRS TAC (Taxpayer Assistance Center) they said wet signature and original or government certified copy of the passport.  That is why I am waiting on the W7.  She had to mail it to me and mail from the Philippines is SLOW.  It has already been 2 weeks.

 

If you look at the instructions for the W7, they tax return, signed W7 and passport MUST be mailed to the Austin, Texas office.  It is the only IRS facility that handles the W7.  Here is a link to the instructions.

 

https://www.irs.gov/forms-pubs/about-form-w-7

Ok that’s fine. But can I send a copy of his passport? 

Just now, Gojo said:

Ok that’s fine. But can I send a copy of his passport? 

Oops never mind. Yes copy of passport. Ok so all I need is his original signature 

[John & Rose 7,239]

4 minutes ago, Gojo said:

Ok that’s fine. But can I send a copy of his passport? 

According to the TAC, it must be the original passport or a Government Certified copy.  Also look to see if there are acceptance agents there.  He may be able to apply for the ITIN in his country.  They will verify his identity and certify the W7 for the IRS.  Here is a link to the acceptance agent in Turkey.

 

https://www.irs.gov/individuals/international-taxpayers/acceptance-agents-turkey

Edited February 18, 2019 by John & Rose

[John & Rose 7,239]

23 hours ago, Gojo said:

Ok that’s fine. But can I send a copy of his passport? 

Oops never mind. Yes copy of passport. Ok so all I need is his original signature 

Only the original passport or a copy certified by the issuing country are allowed as stand alone proof of identity and citizenship.