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Sabela

NVC stage: married filing jointly (question about forms needed)

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Hi. My partner and I are now thinking about doing our tax return as married filing jointly, but I’m very confused. I hope that doesn’t complicate things in terms of potentially missing information or forms in the NVC stage. Context: I’m a Spanish citizen who worked the first half of 2021 in Canada (physically there), and the second part of the year FOR Canada BUT from Spain. What forms would I need for NVC? I am so lost. Thanks for your help in advance.

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Filed: IR-1/CR-1 Visa Country: Ukraine
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Nothing for NVC.  The trick is how to file your taxes for IRS.  After you file, you submit a copy with all attachments for the I-864 that is needed at NVC.  Or get a tax return transcript for the I-864.

 

Do you have a SSN?  If not, you will need to apply for an ITIN, form W-7.  And you will need to figure out the proper 1040 schedules for reporting foreign income and any taxes you payed to tax treaty countries (I believe Canada and Spain are both).

 

To be honest, if you do not have an SSN, it might be better for your case for your spouse to file as MFS.

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Filed: Other Country: China
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21 minutes ago, Sabela said:

I do have a SSN because I worked in the US in the past under a J1 visa. However, I have not worked there since 2020… With everything that you just told me (treaties, forms), I think it may be better for my partner to still do it as MFS . What do you think? And thank you, Steven.

Since you already have a Social Security number, it's very simple to file jointly, but it is the US Citizen that files the tax return. Carry on.  Nothing is needed from you financially, at NVC stage.  That's your petitioner's responsibility.

Edited by pushbrk

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