Consular interview & Tax Return? (merged)

[Boring Life 20]

So, long story. 

CR-1 Case. Me and my wife married in 2018. Our case come to NVC on Dec, 2019 and we submitted documents including 2018 tax return. Finally, Feb, 2020 we receive reply from NVC and ask us to resubmitted I-864 form (due to not scan properly) documents. 

we submited 2018 tax return to NVC, (which they accept) except i864. But when my wife would have consular interview in few months. My question is, will they ask tax return for 2019. Since its 2020 and I am afraid they might ask for current tax return OR they will only look through 2018 tax return that we had send them?

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[aratamorne 165]

You should bring any additional evidence that you have in order to help affirm that you have a true marriage.  Another round of taxes showing that you are filing married, with your wife on the tax forms helps reaffirm your relationship.  It is not just for the I-864, but also evidence of your marriage.

[Boring Life 20]

12 minutes ago, aratamorne said:

You should bring any additional evidence that you have in order to help affirm that you have a true marriage.  Another round of taxes showing that you are filing married, with your wife on the tax forms helps reaffirm your relationship.  It is not just for the I-864, but also evidence of your marriage.

My tax person unknowledgable didnt MFJ or MFS and file me as single in 202 return. Thats why for 2019 return I am including her as jointly. 

[aratamorne 165]

Yes I remember that post.  You should file an amended return with your wife on it if you were married before the 2018 year ended.  I would bring that as well.

[Boring Life 20]

1 hour ago, aratamorne said:

Yes I remember that post.  You should file an amended return with your wife on it if you were married before the 2018 year ended.  I would bring that as well.

What if I don't. But, I am including my wife in current tax year and filing as jointly. Once i Get ITIN number than I will amend for 2018.

[aratamorne 165]

I am not a CPA or an expert on CR-1 but I seem to recall someone else who had posted that they were denied due to failing to include their spouse on their tax returns.  I don't believe that was all, I think they had limited proof of marriage and relationship, but even then US law requires you to file correctly.  Showing the amended return once again helps enforce that it is a true marriage.

 

The rule of thumb I have observed during this entire process my wife and I have been traveling along is to assume that there is never sufficient evidence and if something is doubtful to correct it so there can be no questions raised.

[Boring Life 20]

1 minute ago, aratamorne said:

I am not a CPA or an expert on CR-1 but I seem to recall someone else who had posted that they were denied due to failing to include their spouse on their tax returns.  I don't believe that was all, I think they had limited proof of marriage and relationship, but even then US law requires you to file correctly.  Showing the amended return once again helps enforce that it is a true marriage.

 

The rule of thumb I have observed during this entire process my wife and I have been traveling along is to assume that there is never sufficient evidence and if something is doubtful to correct it so there can be no questions raised.

Agree, What you said. Its always better to be on safe side.

[payxibka 10,047]

22 minutes ago, Boring Life said:

What if I don't. But, I am including my wife in current tax year and filing as jointly. Once i Get ITIN number than I will amend for 2018.

You can't file the current year as joint until she had itin or SSN.  So once she has itin you can get both done

Edited April 7, 2020 by payxibka

[Boring Life 20]

Just now, payxibka said:

You can't file the current year as joint until she had itin or SSN.  So once she has itin you can get both done

I am filing joint for current year along with w-7 application, certified copy and other papers..

[payxibka 10,047]

Just now, Boring Life said:

I am filing joint for current year along with w-7 application, certified copy and other papers..

Correct.  

[Boring Life 20]

4 minutes ago, payxibka said:

Correct.  

But, what about 2018 return, which has single status. For, that I can file as jointly but I would need ITIN/SSN to do this. Only option left is Married filing separate, since it will not required SSN/ITN............What You suggest what should I do for tax return 2018. Should I amend as MFS and once I get ITIN do ANOTHER amend as MFJ OR wait for current year to get ITIN (which I am filing) after I get ITIN than file as joint for 2018?

PLEASE  KEEP IN MIND I AM ONLY DOING FOR IMMIGRATION, so they won't objection in filing status.

Please advice.

[payxibka 10,047]

1 minute ago, Boring Life said:

But, what about 2018 return, which has single status. For, that I can file as jointly but I would need ITIN/SSN to do this. Only option left is Married filing separate, since it will not required SSN/ITN............What You suggest what should I do for tax return 2018. Should I amend as MFS and once I get ITIN do ANOTHER amend as MFJ OR wait for current year to get ITIN (which I am filing) after I get ITIN than file as joint for 2018?

PLEASE  KEEP IN MIND I AM ONLY DOING FOR IMMIGRATION, so they won't objection in filing status.

Please advice.

You should amend so that you pay the correct tax liability.   MFS & single result in the same liability because MFS uses single rates.  The MFJ would most likely result in a smaller liability,  so once you file 2019 and get the itin back, look to amend 2018

[Boring Life 20]

4 minutes ago, payxibka said:

You should amend so that you pay the correct tax liability.   MFS & single result in the same liability because MFS uses single rates.  The MFJ would most likely result in a smaller liability,  so once you file 2019 and get the itin back, look to amend 2018

Thank you. What you said I already know. But, I am afraid as you know 2019 year return with ITIN  will take 8-9 weeks to process. what if, she get her consulate interview before that, won't they have any objection for 2018 return that no amend has been done neither MFS?

[payxibka 10,047]

26 minutes ago, Boring Life said:

Thank you. What you said I already know. But, I am afraid as you know 2019 year return with ITIN  will take 8-9 weeks to process. what if, she get her consulate interview before that, won't they have any objection for 2018 return that no amend has been done neither MFS?

That ain't gonna happen.   Its likely 8 or 9 weeks before consulates get back to having interviews again