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MyJourney20

Taxes with spouse who is out of the US

By MyJourney20 in Tax & Finances During US Immigration

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Boiler Grand Master

Boiler   45,519

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Filed: K-1 Visa Country: Wales
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That is how most Married people do it.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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onek Proficient

onek   306

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Filed: IR-5 Timeline
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7 hours ago, MyJourney20 said:

Hi, I am a USC I am wondering how am I suposed to do taxes with my husband who is Mexican and has lived there all his life? is it married filing jointly?

 

thanks!

Is your husband now in the US and has a social security number yet?

04/21/20: IR-5 Submitted Online 

04/21/20: NOA1 Issued online

04/27/20: NOA1 Received via postal mail from Texas Service Center

04/27/20: Touched

04/28/20: Case Transferred to California Service Center

05/14/20: Touched 

05/15/20: Touched 

07/01/20: Touched

07/06/20: Touched 

07/06/20: RFE Issued (not available online)

07/16/20: RFE Received in Mail

07/20/20: DNA Done in USA

08/09/20: RFE Partial Response Submitted Online

08/26/20: RFE Partial Response Submitted via mail

09/01/20: Touched

10/28/21: DNA test results Received by USCIS

11/12/21: NOA2

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Just Paul Veteran

Just Paul   4,595

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Filed: Citizen (apr) Country: Philippines
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7 hours ago, MyJourney20 said:

Hi, I am a USC I am wondering how am I suposed to do taxes with my husband who is Mexican and has lived there all his life? is it married filing jointly?

 

thanks!

You can file jointly but he needs an ITIN in lieu of a SSN.   Download the IRS W7 Form and submit the form, with his passport, with the paper filing of the federal tax return.

 

If you file seperately, you still need to file on paper and write NRA instead of a SSN.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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MyJourney20 Rookie

MyJourney20   0

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7 hours ago, Paul & Mary said:

You can file jointly but he needs an ITIN in lieu of a SSN.   Download the IRS W7 Form and submit the form, with his passport, with the paper filing of the federal tax return.

 

If you file seperately, you still need to file on paper and write NRA instead of a SSN.

Thank you should have added we are waiting for a interview at the mexican consulate so hes currently in Mexico

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onek Proficient

onek   306

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Filed: IR-5 Timeline
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3 hours ago, MyJourney20 said:

Thank you should have added we are waiting for a interview at the mexican consulate so hes currently in Mexico

You can not jointly file till he is in the US and has SSN.

04/21/20: IR-5 Submitted Online 

04/21/20: NOA1 Issued online

04/27/20: NOA1 Received via postal mail from Texas Service Center

04/27/20: Touched

04/28/20: Case Transferred to California Service Center

05/14/20: Touched 

05/15/20: Touched 

07/01/20: Touched

07/06/20: Touched 

07/06/20: RFE Issued (not available online)

07/16/20: RFE Received in Mail

07/20/20: DNA Done in USA

08/09/20: RFE Partial Response Submitted Online

08/26/20: RFE Partial Response Submitted via mail

09/01/20: Touched

10/28/21: DNA test results Received by USCIS

11/12/21: NOA2

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Just Paul Veteran

Just Paul   4,595

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Filed: Citizen (apr) Country: Philippines
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4 minutes ago, onek said:

You can not jointly file till he is in the US and has SSN.

OP can file jointly regardless of his being in the US with either an ITIN or SSN

 

OP can file Married Filing Separately regardless of his being in the US by entering his SSN as NRA

 

TAX status and Immigration status are two different things.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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6 minutes ago, onek said:

You can not jointly file till he is in the US and has SSN.

 

One can, it’ll just need a bit lengthy process with ITIN.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Boiler Grand Master

Boiler   45,519

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Filed: K-1 Visa Country: Wales
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Was he in the US?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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JeanneAdil Grand Master

JeanneAdil   6,509

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Filed: Citizen (apr) Country: Morocco
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2 hours ago, onek said:

You can not jointly file till he is in the US and has SSN.

yes ,  you can

i did for 5 years till his visa was approved

 

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

you file the W7 as said for ITIN and copy of marriage certificate and a proof of birth (or other ID such as passport)

you then file as married filing jointly for best refund (although filing separate is also a choice)

just follow IRS guidelines of the OFFICAL IRS SITE

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Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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Moved from IR-1/CR-1 Progress Reports to Tax & Finances During US Immigration forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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