Can I wait until my spouse is in the USA before filing 2018 taxes?

[hpizzle 2]

My spouse is overseas and I would like to avoid having to send paperwork to her for signatures. If I file for an extension then complete my taxes when she is here, will that interfere with the visa process? For the I-864 form, I plan on showing 2017, 2016, and 2015 taxes since my 2018 won't be complete. I also anticipate that my wife will be here before the extension deadline.

 

My only concern is that this may hold up the visa process. Is this true? Will they deny her a visa if I am showing incomplete 2018 taxes?

[Jeanne Adil 1,651]

the CO will issue 221 g for additional documents asking for the 2018 taxes

Do them by following the IRS site for nonresident  alien spouse 

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

you are married so you need to file joint or married filing separate

she needs to fill out the W7 or U with a POA from her

you need to send marriage certificate and proof of her birth (ID copy of passport ,  national ID or birth certificate )

and you must file by paper mail as no internet efiling lets you add the W7 for the ITIN

[Crazy Cat 41,857]

You can file "Married Filing Separately" now by writing "NRA" in spouse SSN area......and mailing it.........then you can amend your taxes later....just one idea.

Edited April 1, 2019 by missileman

[WandY 430]

Hire a CPA. Relatively inexpensive. Smart. Shifts burden of liability (to some degree).

[DiamondEyes490 126]

46 minutes ago, missileman said:

You can file "Married Filing Separately" now by writing "NRA" in spouse SSN area......and mailing it.........then you can amend your taxes later....just one idea.

I second this. I did just that and finally amended the past 2 years in Feb. Super easy to do the amendment in Turbo Tax and I've already received the refund checks for the state returns. Just waiting on the federal ones now.

[hpizzle 2]

 

1 hour ago, missileman said:

You can file "Married Filing Separately" now by writing "NRA" in spouse SSN area......and mailing it.........then you can amend your taxes later....just one idea.

Will a tax preparer be ok with doing this? I have spoken to a few and they have all said I need to go the ITIN route. One said just wait until she arrives to the USA which is why I created this thread.

 

1 hour ago, adil-rafa said:

the CO will issue 221 g for additional documents asking for the 2018 taxes

Do them by following the IRS site for nonresident  alien spouse 

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

you are married so you need to file joint or married filing separate

she needs to fill out the W7 or U with a POA from her

you need to send marriage certificate and proof of her birth (ID copy of passport ,  national ID or birth certificate )

and you must file by paper mail as no internet efiling lets you add the W7 for the ITIN

So 2018 taxes are absolutely REQUIRED to be done before the interview? What if they cannot be done for other reasons and the person has an extended deadline for their taxes?

[KJ2 230]

2 minutes ago, hpizzle said:

 

Will a tax preparer be ok with doing this? I have spoken to a few and they have all said I need to go the ITIN route. One said just wait until she arrives to the USA which is why I created this thread.

 

So 2018 taxes are absolutely REQUIRED to be done before the interview? What if they cannot be done for other reasons and the person has an extended deadline for their taxes?

I did this married filing separately and we wrote NRA/ or unavailable (I forget) in the SSN box.  A tax preparer did it for me and she said that actually we didn't qualify for an ITIN at this time anyway.  I have my 2018 transcript to take to interview.  Definitely file, it'll save you a headache.

[hpizzle 2]

4 minutes ago, KJ2 said:

I did this married filing separately and we wrote NRA/ or unavailable (I forget) in the SSN box.  A tax preparer did it for me and she said that actually we didn't qualify for an ITIN at this time anyway.  I have my 2018 transcript to take to interview.  Definitely file, it'll save you a headache.

Did you receive the full refund then or are you planning on amending? Also, what makes one ineligible for an ITIN? I would hate to go through the hassle of getting a certified passport when not needed. A tax preparer mentioned that since my spouse is coming to the USA, I shouldn't file for an ITIN.

Edited April 1, 2019 by hpizzle

[KJ2 230]

9 minutes ago, hpizzle said:

Did you receive the full refund then or are you planning on amending? Also, what makes one ineligible for an ITIN? I would hate to go through the hassle of getting a certified passport when not needed. A tax preparer mentioned that since my spouse is coming to the USA, I shouldn't file for an ITIN.

I actually wasn't getting a refund anyway so no, but married filing separately is not a very lucrative way to file. For most of us, it is the only way though unless you can file HOH if you qualify!  The only thing you are advised not to do is file single.

 

I actually don't know the ins and outs of ITIN... she asked if my spouse had ever been here and I said no not yet and she said well he can't get an ITIN anyway.  So we just put SSN n/a or NRA something like that.  It was accepted by IRS.  I don't think I am going to amend it.  I plan to just file jointly when he is here for the next tax season (assuming all goes well!)  Is there some reason I should be amending? 

[hpizzle 2]

6 minutes ago, KJ2 said:

I actually wasn't getting a refund anyway so no, but married filing separately is not a very lucrative way to file. For most of us, it is the only way though unless you can file HOH if you qualify!  The only thing you are advised not to do is file single.

 

I actually don't know the ins and outs of ITIN... she asked if my spouse had ever been here and I said no not yet and she said well he can't get an ITIN anyway.  So we just put SSN n/a or NRA something like that.  It was accepted by IRS.  I don't think I am going to amend it.  I plan to just file jointly when he is here for the next tax season (assuming all goes well!)  Is there some reason I should be amending? 

I thought you were eligible for a refund so I thought once your spouse was here you amended and filed MFJ to get the refund. 

[KJ2 230]

18 minutes ago, hpizzle said:

I thought you were eligible for a refund so I thought once your spouse was here you amended and filed MFJ to get the refund. 

I personally was not eligible, but if you can amend it once your spouse is here, I would go ahead and file separately now so that you can take that to your interview!

[Tybeau2 7]

There are ITIN Certifying Acceptance agents that can help you get the ITIN number without mailing your spouses passport to the IRS  I just brought my wife's in a few weeks ago. They did a 30 second video call with her to verify, and it was finished.  It takes a little time as you have to mail the W-7 along with your taxes...no electronic filing.   But it's worth a little wait for a much larger refund.

[hpizzle 2]

1 minute ago, Tybeau2 said:

There are ITIN Certifying Acceptance agents that can help you get the ITIN number without mailing your spouses passport to the IRS  I just brought my wife's in a few weeks ago. They did a 30 second video call with her to verify, and it was finished.  It takes a little time as you have to mail the W-7 along with your taxes...no electronic filing.   But it's worth a little wait for a much larger refund.

I spoke to one and they said they will need a certified copy of her passport. This is where the problem arises as the embassy is the only place that will certify her passport and it is 6 hours away from her. Do you know if CAA will take any other documents such as an original marriage certificate? 

[Tybeau2 7]

12 minutes ago, hpizzle said:

I spoke to one and they said they will need a certified copy of her passport. This is where the problem arises as the embassy is the only place that will certify her passport and it is 6 hours away from her. Do you know if CAA will take any other documents such as an original marriage certificate? 

Good question...that would have to be answered by the CAA.  I had my wife send me her passport via DHL..a little expensive but the difference the refund made paid for it many times over.   My understanding is that they require a passport or certified copy only.  In the instructions for the W-7 there is a list that shows acceptable documentation.  Here is the link:  https://www.irs.gov/pub/irs-pdf/iw7.pdf

Hope that helps.

 

 

Edited April 2, 2019 by Tybeau2
removing image

[NikLR 13,227]

You can file for an extension.  Hubs did that the year I immigrated.