Haven’t file my taxes for 2019

[Love nia 4]

I haven’t file my taxes for the year 2019 I wanted to wait for husband to get here so I can file married filing jointly. Will this cause a problem during the Nvc process or interview time ? 

[NancyNguyen 1,657]

Of course, it will. You need current tax return when you submit I-864 on NVC. You can apply for an ITIN number for him and file tax immediately. 

[Love nia 4]

Just now, NancyNguyen said:

Of course, it will. You need current tax return when you submit I-864 on NVC. You can apply for an ITIN number for him and file tax immediately. 

I tried to apply for the itin and it was denied for him. When applying do I need to include my tax information along with it ? 

[NancyNguyen 1,657]

Just now, Love nia said:

I tried to apply for the itin and it was denied for him. When applying do I need to include my tax information along with it ? 

Yes, it is required for I-864 form and he needs to bring it to interview as well.

[Love nia 4]

6 minutes ago, NancyNguyen said:

Yes, it is required for I-864 form and he needs to bring it to interview as well.

He in not in the states at the moment 

[NancyNguyen 1,657]

Just now, Love nia said:

He in not in the states at the moment 

He will bring it to the interview in his country.

[Love nia 4]

1 minute ago, NancyNguyen said:

He will bring it to the interview in his country.

I think we are not on the same page. I know he needs my tax information during the interview. Before we get there for the itin do you know how to obtain one if he is in another country ? 

[NancyNguyen 1,657]

1 minute ago, Love nia said:

I think we are not on the same page. I know he needs my tax information during the interview. Before we get there for the itin do you know how to obtain one if he is in another country ? 

You need to contact a tax consultant to advise. Good luck.

[Love nia 4]

15 minutes ago, NancyNguyen said:

You need to contact a tax consultant to advise. Good luck.

So I won’t be able to use only my W2 and tax account transcript if you don’t mind me asking? 

[geowrian 22,337]

Option 1) You can file MFS.* You would write in "NRA" for your spouse's SSN.

You can amend to MFJ later when they get an SSN...often this results in a lower tax liability.

 

* Head of Household (HOH) is another valid option in limited cases.

 

Option 2) You would file MFJ. You need to file together and include the complete ITIN application.

They do not qualify for an ITIN on their own (except in very limited cases with their own US income to report)...it needs to be when you file jointly.

 

8 minutes ago, Love nia said:

So I won’t be able to use only my W2 and tax account transcript if you don’t mind me asking? 

You would send either a tax return transcript (not tax account transcript) OR a complete copy of the tax return, including all supporting forms/schedules, like the W-2.

[Love nia 4]

16 minutes ago, geowrian said:

Option 1) You can file MFS.* You would write in "NRA" for your spouse's SSN.

You can amend to MFJ later when they get an SSN...often this results in a lower tax liability.

 

* Head of Household (HOH) is another valid option in limited cases.

 

Option 2) You would file MFJ. You need to file together and include the complete ITIN application.

They do not qualify for an ITIN on their own (except in very limited cases with their own US income to report)...it needs to be when you file jointly.

 

You would send either a tax return transcript (not tax account transcript) OR a complete copy of the tax return, including all supporting forms/schedules, like the W-2.

Thanks for your response. So the problem with filing MJS I would own the government not much but wanted to avoid it. I think I will just bite the bullet and file just to get him here. 
 

 

So the next question once I file and set up a payment  it doesn’t matter As long as I file. Thanks for you help I’m soo confused at this point 

[geowrian 22,337]

8 minutes ago, Love nia said:

Thanks for your response. So the problem with filing MJS I would own the government not much but wanted to avoid it. I think I will just bite the bullet and file just to get him here. 
 

 

So the next question once I file and set up a payment  it doesn’t matter As long as I file. Thanks for you help I’m soo confused at this point 

As noted, you can amend taxes later. So whatever difference there is will be resolved later. But yeah, if MFS means you owe now, you would end up owing money until you can amend.

 

The main thing is you file. This is a strict requirement for the I-864 (unless you weren't required to file, like if you had no income). No taxes filed for the past 3 years = no valid I-864 = no visa (even with a joint sponsor).

If you were to owe money to the IRS on a payment plan or something, this would be considered in the totality of the circumstances. Like - as a pure example - if you owed $20,000 paid at $5,000/year and make $25,000/year, this may effectively bring the income they consider down to $20,000.

If we're talking hundreds to low thousands of dollars, I doubt it would be a significant factor in any case.

[Love nia 4]

1 hour ago, geowrian said:

As noted, you can amend taxes later. So whatever difference there is will be resolved later. But yeah, if MFS means you owe now, you would end up owing money until you can amend.

 

The main thing is you file. This is a strict requirement for the I-864 (unless you weren't required to file, like if you had no income). No taxes filed for the past 3 years = no valid I-864 = no visa (even with a joint sponsor).

If you were to owe money to the IRS on a payment plan or something, this would be considered in the totality of the circumstances. Like - as a pure example - if you owed $20,000 paid at $5,000/year and make $25,000/year, this may effectively bring the income they consider down to $20,000.

If we're talking hundreds to low thousands of dollars, I doubt it would be a significant factor in any case.

Ok thanks so much to clear it up. It’s nothing major that I owe 1300 I believe so I will go ahead a file. And take it from there. This process is draining 🥺

Edited August 17, 2020 by Love nia

[NancyNguyen 1,657]

2 hours ago, Love nia said:

So I won’t be able to use only my W2 and tax account transcript if you don’t mind me asking? 

You haven’t filed tax so you can’t get tax transcript for current 2019

[Love nia 4]

30 minutes ago, NancyNguyen said:

You haven’t filed tax so you can’t get tax transcript for current 2019

30 minutes ago, NancyNguyen said:

You haven’t filed tax so you can’t get tax transcript for current 2019

I stated account tax transcript I already received it from the Irs