2020 joint tax returns with W-7/ITIN Application - post your timelines

[JKLSemicolon 413]

Since today is the regular filing deadline for 2020 taxes, I am starting a thread to share experiences on filing jointly while requesting an ITIN for the foreign spouse.

 

Our situation: my wife is outside the U.S. waiting for a CR-1 interview. I wanted to file jointly before the deadline, since I could not submit a federal extension without a SSN for her. I also didn't want to file separately (even if amending later) since that would result in owing a lot up front. I used TaxAct for the first time this year and have no complaints. I have used other tax software in the past but tend to go with whatever is available through free filing options, which can change from year to year.

 

With that in mind, my timeline so far is:

• Late March: submitted a (paper) extension request for my state return, explaining that we are applying for an ITIN with the federal return and could not submit the state return until that was assigned
  • No response received
  • Mid-April: called the state taxpayer hotline and was advised that if I didn't receive a response to the extension request by the May 17 deadline, to submit the return with the spouse's SSN left blank and then wait for them to request the missing information
• Late April: visited my wife abroad and got necessary signatures and documents from her
• May 5: USPS Priority Mail Express envelope received at IRS Austin address containing the following:
  • Nonresident Alien Spouse Election Statement (signed by both of us, prepared based on this IRS guidance)
  • Form W-7 signed by my wife, plus supporting documents:
    • Original state ID (to establish identity) - the details for this were included on part 6d of the form
    • Certified copy of birth certificate (to establish foreign status)
      • Accompanied by an additional information sheet with her name and "Form W-7" at the top, containing all the details requested in part 6d of the form - not sure if this was necessary, but I didn't want to chance it
      • Also accompanied by a translation that I prepared and signed using the typical certification statement found in these forums
    • Certified copy of marriage certificate (since the birth certificate had her maiden name and everything else used her married name)
  • Form 1040 (signed by both of us) and all relevant schedules/forms
  • W-2
• May 15: USPS Priority Mail envelope received at PO Box for state returns, containing:
  • Cover letter explaining the situation
  • State return signed by both of us (SSN for wife left blank per the instructions I had previously received over the phone)
  • W-2
  • Copy of the extension request I had previously submitted (stamped as "file copy")
  • Printout of the "How do I apply for an ITIN?" page from the IRS website, highlighting the part that says how long it's supposed to take

 

Now all I can do is wait patiently and hope I did everything right. I will update this thread if I have any news.

 

Anyone who is going through the same process, please feel free to post your own timeline.

 

[top_secret 2,421]

On May 5  I filed Federal and California State.

 

Ordinary US Mail to Austin ITIN address for Federal and ordinary Sacramento filing address for California State.

 

Letter electing to be treated as resident for tax purposes and stating we were married at the end of 2020. With all our information and wet signed by both of us.

 

Completed W7 form, wet signed by wife.

 

Copy of wife’s Philippine Passport bio page, certified to be a true copy by the Philippines Department of Foreign Affairs Passport Division.

 

1040, W2, 1099 and various associated schedules and forms.

 

It seems California State just requires you to file the same status as you did on your Federal Return and attach a copy of your Federal Return.

 

We'll see what they have to say.  I suspect it will be a very long time before we hear anything or receive any return from the IRS.

 

According to TurboTax, our return is $10,100 greater with us filing jointly than if I filed separately.  Well worth the extra 10 minutes it took to fill out the W7.

[JKLSemicolon 413]

Update:

 

May 21 - Got a letter in the mail, dated May 19, saying that my state return could not be filed because my wife's SSN was left blank. They attached the return I sent (stamped "May 17 2021" in red at the top) and said "please re-submit your 2020 return when either you have a SSN for your wife or change the filing status to single."

 

They made no mention of the extension request I had sent, but also didn't give me any deadline to resubmit.

 

Now I will continue to wait for the ITIN and my wife's documents to be returned from the IRS.

[VisaDonnie 54]

All I can you is my experience with this:

 

We got married 29 Dec 2020. On March 8th We went to the IRS Tax Assistance Center office in Atlanta with our 2020 Federal return and our W-7 asking for an ITIN#. My wife also brought her passport/visa and a certified copy of our marriage license. I was not going to risk mailing in my wife’s Passport/Visa and it getting lost in the mail.

 

The TAC verified her passport/visa and our marriage paperwork. They also filed our federal tax forms as well with the W-7 requesting an ITIN#. We also could not file our State taxes yet until we got the ITIN#.

 

On May 18th we got her ITIN# in the mail, and it said our Federal taxes should be filed within 60 days, they owe us money so I don’t care.

 

Now I can mail in my state return because I have an ITIN# to put down on the form.

 

So it took 11 weeks to get the ITIN# issued. You have to keep the paper they send you in the mail with the ITIN# because when your spouse gets a green card and files for a SS# you need to send this paper back to the SS office. If you have any questions fire away.

 

Cheers,

 

Don

[top_secret 2,421]

I logged into my California Franchise Tax Board online account today and it shows my paper California State return as filed 05/11/2021, already processed as of 05/22/2021, with my state refund authorized and scheduled for direct deposit within the next 10 business days.

[JKLSemicolon 413]

I called the IRS ITIN number today as it has been more than 65 days since the application was received and the original documents and certified copies I sent still have not been returned.

 

I eventually got connected to someone through option 3 (all other inquiries) because option 2 (check the status of an ITIN application) kept giving a message to try back later or the next day.

 

Here are the things I was told by the (somewhat impatient and clearly stressed) rep:

 

- They can only look up

the status of the application if my wife (the applicant) calls.

- The original docs and certified copies will be returned 30-60 days after receiving the ITIN letter (as opposed to within 60 days of receipt of the form which is what it sounds like from the IRS website)

- They are “way behind” in processing ITIN applications right now, but if ours was sent at the beginning of May we’re still within the processing window.

 

I’m just going to keep waiting, as I don’t see any benefit to calling back with my wife right now. Good luck to everyone else with a pending ITIN application.

[top_secret 2,421]

There is a long running thread on in the TurboTax chat board on the topic of ITIN timelines.  You can find a number of data points in there.

 

It looks like 'most' applications that proceed normally are taking 10 to 12 weeks give or take.  Then there are a handful of cases taking 5 or 6 months and a few random happenings, as you might expect on an internet chat board about the IRS.

 

https://ttlc.intuit.com/community/after-you-file/discussion/apply-itin-for-my-wife-how-long-will-it-take/00/31329/page/_23

[mindofkanton 1]

@JKLSemicolon we applied for my wife's ITIN on 3/31/21 and we got her ITIN number on 6/24/21.  I was planning on doing it by myself until I spoke to some accountants who told me I was doing it wrong.  I used TurboTax and was ready to send it until they explained to me that how to submit them concurrently.  Based on my timeline hopefully your wife's ITIN is sent in 4-5 weeks.

[top_secret 2,421]

The IRS updated their official status page this week.  They say they are currently working on W-7s from mid-April so I guess at least another 3 or 4 weeks for May submissions.

 

https://www.irs.gov/newsroom/irs-operations-during-covid-19-mission-critical-functions-continue

 

Quote

Requested an Individual Taxpayer Identification Number (ITIN) (updated July 12, 2021)

The IRS is opening and processing Form W-7s as quickly as possible despite social distancing requirements. We are currently processing Form W-7s that were received in April 2021, with majority of receipts being from mid-April. We are taking every action to minimize delays, and we are processing requests in the order they were received. The taxpayer will be notified once the ITIN is assigned or if additional information is needed. Original identification documents that are submitted with the Form W-7 will be returned to the taxpayer at the mailing address of record as quickly as possible. The associated tax return will then be submitted for processing.

 

Other than responding to any requests for information promptly, there is no action the taxpayer should take. They should not file a second Form W-7 or tax return or contact the IRS about the status of their Form W7 or their return. Eligible taxpayers who need to obtain or renew an ITIN may submit Form W-7 and the related tax return and documentation now if they have not previously filed. Please refer to the Instructions for Form W-7 for eligibility requirements.

 

[JKLSemicolon 413]

9 minutes ago, top_secret said:

The IRS updated their official status page this week.  They say they are currently working on W-7s from mid-April so I guess at least another 3 or 4 weeks for May submissions.

 

https://www.irs.gov/newsroom/irs-operations-during-covid-19-mission-critical-functions-continue

 

 

Thanks for sharing that, good to hear an update directly from the IRS.

[RajPatil 1]

@JKLSemicolon @top_secret please keep me updated with regard to your status. I also have an ITIN filed early May and made the stupid mistake of attaching my wife’s passport. We need the passport to continue with her NVC process now

[top_secret 2,421]

13 minutes ago, RajPatil said:

@JKLSemicolon @top_secret please keep me updated with regard to your status. I also have an ITIN filed early May and made the stupid mistake of attaching my wife’s passport. We need the passport to continue with her NVC process now

 

I will for sure update whenever I find out anything.  Nothing changed here so far.  It was easy to get certified copy of my wife's passport from Department of Foreign Affairs in the Philippines so that's all the have from her. 

[seekingthetruth 1,246]

I just read this thread and wanted to share one point.

 

My wife and I filed for her ITIN with our 2015 return.  Like others, I was not comfortable sending her passport through mail systems, so I sought out the Philippines acceptance agent.  Luckily for me, he is only an hour away in Angeles City.

 

The agent is the guy who runs the Angeles City RAO, Jim Boyd:

 

https://1925mcarthur.wixsite.com/raoangeles

 

They know all the ins and outs, and they also have direct access to the U.S. mail system.  Over the phone, they told us what to bring, and when we came, the expert who does these typed everything up, and we signed.  Painless.  I think they charged p200 plus the U.S. mail postage.

 

I don't remember the time it took, but it was not bad.  I highly recommend using an acceptance agent if feasible, especially in the Philippines.

Edited July 24, 2021 by seekingthetruth

[JKLSemicolon 413]

10 hours ago, RajPatil said:

@JKLSemicolon @top_secret please keep me updated with regard to your status. I also have an ITIN filed early May and made the stupid mistake of attaching my wife’s passport. We need the passport to continue with her NVC process now

I will update this thread as soon as I hear anything back from the IRS. I’m assuming you didn’t make a scan of the bio page of the passport before you sent it? I sent in a certified copy of my wife’s birth certificate that we needed for her upcoming visa interview but thankfully she was able to get another.

[RajPatil 1]

On 7/24/2021 at 7:07 AM, JKLSemicolon said:

I will update this thread as soon as I hear anything back from the IRS. I’m assuming you didn’t make a scan of the bio page of the passport before you sent it? I sent in a certified copy of my wife’s birth certificate that we needed for her upcoming visa interview but thankfully she was able to get another.

Thank you. I made a scan of the passport and all of my civil documents are uploaded except for 1 which requires passport on hand so my wife’s NVC process is stuck at the moment.