Help to make a decision

[roveaz 0]

Hi there, I have a Tourist Visa B-2 move to the states with my wife and kid on October 2019 started my AOS, My wife is a US Citizen os my kid I have been always had a B-2, sent my paperwork on October 29, Got my receipts on November 8th, got my fingerprints taken on December 1st week,  got a RFE on January 14 and got the letter on the 17th of January, basically they are asking in the letter to provide with a I-864 from my wife (I did send one but with my in-laws information as my sponsors), the last two years we been living outside from the country and she was a home stay Mom, while I was working. she started also to work on October 2019, we got her W-2, from her work, again she doesn't meet the minimum income requirements that's why we  decided to get help from her parents. here are my questions.

 

We were trying to make her taxes but when we decide to filed them, we don't know how to do it? We got married but in my country and I have never been working in the US, so on the tax program is asking for my SSN (I don't have one), she is at her work as married, does she need to filed as married? if so how we do it (There is another way to filed taxes without me that is as single or head of household) but again we don't know if there will be any issue with USCIS or our case. what are your toughts?

 

By the way, everything we been doing is on our own, we don't have a lawyer. 

Thanks for your input.

 

[Just Paul 4,595]

4 minutes ago, roveaz said:

We were trying to make her taxes but when we decide to filed them, we don't know how to do it? We got married but in my country and I have never been working in the US, so on the tax program is asking for my SSN (I don't have one), she is at her work as married, does she need to filed as married? if so how we do it (There is another way to filed taxes without me that is as single or head of household) but again we don't know if there will be any issue with USCIS or our case. what are your toughts?

She cannot file online since you do not have a SSN or ITIN.  She will file on paper and enter NRA for you SSN.

 

[Lucky2Lucky 2,526]

Your wife is your sponsor so you need to submit the I-864 and Supporting documents from her . The in-laws are the joint sponsors. Your wife needs to be truthful and file taxes as married if she is married. You do not need to have a SS in order for her to file her taxes.

[DELETEME1234 208]

On 2/5/2020 at 7:13 PM, Paul & Mary said:

She cannot file online since you do not have a SSN or ITIN.  She will file on paper and enter NRA for you SSN.

 

Or they can consider attaching a W-7 to the return and request an ITIN. 

[roveaz 0]

6 hours ago, Poseidon1212 said:

Or they can consider attaching a W-7 to the return and request an ITIN. 

@Poseidon1212 how I do that?

[DELETEME1234 208]

4 hours ago, roveaz said:

@Poseidon1212 how I do that?

It’s been a while since I did it so don’t pin me on it, but if I recall correctly you simply fill out your taxes as usual only you leave the SSN portion for you empty. In addition you fill in W-7. Slap a cover letter on it indicating you’d like to get an ITIN and send it to the appropriate address (look up on the IRS website where to file W-7). They’ll appoint you an ITIN (you’ll receive a confirmation letter on that) and fill in your ITIN on your tax return for you once appointed.