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GregandNatty

Filling Taxes MFJ and W-7

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Filed: IR-1/CR-1 Visa Country: Uganda
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My wife and I were married last year and we are at the NVC stage of the visa process.   I'm getting ready to file my tax return as married filing jointly, and found that I need to also send in form w-7 so she can get an ITIN.

 

As I read the instructions for form W-7, it says I need to send her actual passport.   This will be extremely difficult, if not impossible, right now due to the COVID-19 lockdowns. Moreover, I am concerned about having her DHL me her passport when we are at the NVC stage and who knows how long it would take to submit the form W-7 and then get her passport back and DHL it back to her in her home country.   I'm not sure how to provide the proof of identification the W-7 requires if you can't send a copy of her passport.   I'm not sure how one would even get a certified copy because her country, like most of us, is locked down. 

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6 minutes ago, GregandNatty said:

As I read the instructions for form W-7, it says I need to send her actual passport.

That is correct. And there is no IRS International Acceptance Agent in Uganda.  She may be able to get a certified copy of the passport (bio page).  We were able to do that while we were in Hong Kong.  Not sure how to do it in Uganda.

 

You could file Married Filing Separately and the amend the return when she gets to the US.

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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Filed: IR-1/CR-1 Visa Country: Uganda
Timeline
14 hours ago, Paul & Mary said:

That is correct. And there is no IRS International Acceptance Agent in Uganda.  She may be able to get a certified copy of the passport (bio page).  We were able to do that while we were in Hong Kong.  Not sure how to do it in Uganda.

 

You could file Married Filing Separately and the amend the return when she gets to the US.

Pretty unlikely she can get a certified copy of anything at the moment.   Uganda is locked down pretty solid with curfews and the like.  They aren't even allowed to move around in vehicles without a special permit. 

 

I'll figure out something.  I'd hoped to not have to make her DHL her passport to me, but that may be the only option. 

 

Who knows when she will actually be here in the US at this rate with COVID.  

Edited by GregandNatty
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2 hours ago, GregandNatty said:

Pretty unlikely she can get a certified copy of anything at the moment.   Uganda is locked down pretty solid with curfews and the like.  They aren't even allowed to move around in vehicles without a special permit. 

 

I'll figure out something.  I'd hoped to not have to make her DHL her passport to me, but that may be the only option. 

 

Who knows when she will actually be here in the US at this rate with COVID.  

Honestly I'd just file MFS and amend it later.  A bunch of folks that I know have done that just to get it done.   You will have to list her SSN as NRA.

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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Filed: IR-1/CR-1 Visa Country: Uganda
Timeline
39 minutes ago, Paul & Mary said:

Honestly I'd just file MFS and amend it later.  A bunch of folks that I know have done that just to get it done.   You will have to list her SSN as NRA.

 

MFS has fairly significant tax implications for me in terms of owing quite a bit more money, but may be the only option.

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1 hour ago, GregandNatty said:

 

MFS has fairly significant tax implications for me in terms of owing quite a bit more money, but may be the only option.

Another option is that you could file for an extension to file the return unit October 15th. You still have to pay the tax due by July 15th.  If you pay the amount that would have been due as MFJ and later file as MFS you will run into penalties and interest. 

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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Filed: IR-1/CR-1 Visa Country: Uganda
Timeline
16 hours ago, Paul & Mary said:

Another option is that you could file for an extension to file the return unit October 15th. You still have to pay the tax due by July 15th.  If you pay the amount that would have been due as MFJ and later file as MFS you will run into penalties and interest. 

 

The extension is probably the way to go.  I didn't think about that.   

Sadly, it doesn't look like there's anyway for my wife to send me her passport.  I had her check with DHL and they told her DHL no longer allows passports to be sent from Uganda to the US.  You can only send embassy to embassy, which is currently impossible because all of the embassys are closed to regular services.   

Edited by GregandNatty
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Perhaps a Stateside CAA would approve a W-7 COA via virtual Teams/Skype. Is there a CAA close to her location? Check the embassy website. 

Edited by Tesco
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28 minutes ago, Tesco said:

Perhaps a Stateside CAA would approve a W-7 COA via virtual Teams/Skype. Is there a CAA close to her location? Check the embassy website. 

None there . . . and his response (third post) was that it was hard to get anything certified at the moment in Uganda.

 

But it can be done as of 2016:

As a reminder, AAs and CAAs must conduct an in person interview with each applicant (primary, secondary and dependent) in order to complete the application. Video conferencing (i.e. SKYPE) can be used if the CAA has the original identification documents or certified copies from the agency that issued them in their possession during the interview.

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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I would say MFS. 

 

I filed our taxes as MFJ and W7 paper form in March 2nd. Then with the government shutdown they have processed NO paper applications since mid-March. We just reached NVC stage too(5/16/2020) and I am extremely worried I will not have her passport back in time for an interview at this point. 

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  • 2 weeks later...
On 5/20/2020 at 11:32 AM, Justin & Nhi said:

I would say MFS. 

 

I filed our taxes as MFJ and W7 paper form in March 2nd. Then with the government shutdown they have processed NO paper applications since mid-March. We just reached NVC stage too(5/16/2020) and I am extremely worried I will not have her passport back in time for an interview at this point. 

I think you should have enough time since you just reached NVC stage. It will take around 5-6 months to get interview date after NVC received your file from USCIS. Note that IRS does not take certification of passport. IRS rejected our application and required the original passport which I am in a limbo now as they keep passport since April and we got DQ at NVC early May. 

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