2020 taxes and ITIN

[NMHayek 56]

I am sponsoring my husband for CR1/IR1 and we got stuck in his country due to COVID/Embassy closure.I am preparing for the senario that the embassy may not open in 2020 and that I will need to file 2020 taxes for the embassy interview.

I am A resident here but not legally allowed to work in his country (the work must give work permit) and I haven’t had any lucky finding work outside small cash freelance jobs (not a lot of money to make any difference - $2000 total maybe). He has a job, tho it has been significantly disrupted by COVID (tourism industry) he still makes some income. 

Would it be worth getting him a ITIN number in anticipation for 2020 tax year so I can file jointly so there might be some sort of income on my taxes?. I hate for my income to be zero on next year taxes or just $2000 (I can’t even prove this income since it’s just cash work).

 

I have joint sponsors for the interview luckily and we are both educated with strong job histories but April 2019 we moved from Dubai to Egypt to spend sometime in his country before his visa was finished (We thought we be here MAX 6 months to 1 year). So my 2019 taxes are already low and then 2020 hit. Would have stayed where I was if I had anticipated this disaster. 

thanks for any insight! 

Edited August 29, 2020 by NMHayek

[Wuozopo 4,293]

6 hours ago, NMHayek said:

Would it be worth getting him a ITIN number in anticipation for 2020 tax year so I can file jointly so there might be some sort of income on my taxes?. I hate for my income to be zero on next year taxes or just $2000 (I can’t even prove this income since it’s just cash work).

My opinion is I don’t think that should have any influence on your interview because you have a joint sponsor. If you did your taxes jointly and reported his income, it would be subtracted out as a foreign earned income exclusion leaving just your income on the TOTAL INCOME line they look at on the tax return. If you didn’t take the foreign income exclusion so his income would be included in Total Income, you would be paying taxes on it unnecessarily. I don’t see how inflating your taxes with a job they know he won’t hold in the US is helpful. 

[NMHayek 56]

12 hours ago, Wuozopo said:

My opinion is I don’t think that should have any influence on your interview because you have a joint sponsor. If you did your taxes jointly and reported his income, it would be subtracted out as a foreign earned income exclusion leaving just your income on the TOTAL INCOME line they look at on the tax return. If you didn’t take the foreign income exclusion so his income would be included in Total Income, you would be paying taxes on it unnecessarily. I don’t see how inflating your taxes with a job they know he won’t hold in the US is helpful. 

Yes totally get what your saying. 
The NVC approved my original I-864 with no joint sponsor even though my income was a foreign based income (and taking the foreign income exclusion on my taxes) - I had been living and working in Dubai for 3 years. I did not know till later that they considered foreign income zero. But then why did they approve my paperwork without joint sponsor? This is why I am so confused and am questioning if I should consider ITIN or just not bother. 

 

If all this goes on too much longer I think my brain will explode from overthinking  

Edited August 30, 2020 by NMHayek

[Chancy 6,241]

11 hours ago, NMHayek said:

Yes totally get what your saying. 
The NVC approved my original I-864 with no joint sponsor even though my income was a foreign based income (and taking the foreign income exclusion on my taxes) - I had been living and working in Dubai for 3 years. I did not know till later that they considered foreign income zero. But then why did they approve my paperwork without joint sponsor? This is why I am so confused and am questioning if I should consider ITIN or just not bother.

 

Remember that it is the consul officer, not NVC, who will make the final judgement on your (and your joint sponsor's) financial capability to sponsor your husband.  The CO will want to see sufficient stable income that will continue when you both move to the US (or lots of liquid assets).  Getting an ITIN and reporting your husband's foreign income now will not help in convincing the CO during your husband's visa interview.