Filing taxes for NVC help

[Hamzaclaire 0]

Hi , my wife (petitioner) and I (beneficiary) were married last November and she was residing with me abroad in Tunisia since. We had our i-130 approved by USCIS so she is now filing her taxes for the NVC stage.  Is it okay for her to file as SINGLE ?

Filing as married filing separately is not sure because we tried to send 3 k3's from here and they all were lost......   

 Filing as married filing jointly will takes forever since I need an ITIN . So can she just file as single so we can get the transcripts within a month then amend later and show the embassy that it was amended?

[hunny&me 274]

12 minutes ago, Hamzaclaire said:

Hi , my wife (petitioner) and I (beneficiary) were married last November and she was residing with me abroad in Tunisia since. We had our i-130 approved by USCIS so she is now filing her taxes for the NVC stage.  Is it okay for her to file as SINGLE ?

Filing as married filing separately is not sure because we tried to send 3 k3's from here and they all were lost......   

 Filing as married filing jointly will takes forever since I need an ITIN . So can she just file as single so we can get the transcripts within a month then amend later and show the embassy that it was amended?

You are married by end of 2021, so Married Filing Separately.
https://www.irs.gov/help/ita/what-is-my-filing-status

 

If you did not work in 2021, maybe best to file jointly to get bigger tax break.  ITIN W-7 form is applied along with the tax filed by mail only.  
https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

 

You are on NVC stage now.  Why not submit previous tax years?

Edited February 14, 2022 by hunny&me

[JeanneAdil 6,491]

she can not file as single/  she's married

MFJ or MFS are her 2 choices 

IRS has already announced that 2021 tax returns will have long delays for processing so it would not hurt to do the W7  for a ITIN for u and  show u 2 have started to commingle your monies 

she will have to paper file 

MFJ with W7 is strong evidence 

she should keep copies of all documents she files as IRS transcripts may not be available for interview

 

and this income should be US income

[Rocio0010 5,579]

21 minutes ago, Hamzaclaire said:

3 k3's

k3s are essentially dead.

[Hamzaclaire 0]

11 minutes ago, JeanneAdil said:

she can not file as single/  she's married

MFJ or MFS are her 2 choices 

IRS has already announced that 2021 tax returns will have long delays for processing so it would not hurt to do the W7  for a ITIN for u and  show u 2 have started to commingle your monies 

she will have to paper file 

MFJ with W7 is strong evidence 

she should keep copies of all documents she files as IRS transcripts may not be available for interview

 

and this income should be US income

Have you missed the part that mailing anything from here is incredibly unreliable. Let alone send my passport only for it to be lost... The only reason I am asking if she can file online as single is because any mail sent from here is likely to be lost... And for the comingling part. We live together in tunisia.she is on my taxes, my social security, my insurance so that's covered.

[JeanneAdil 6,491]

she can not file as single 

understand u have to prove u are married 

and mail may be slow but she can file MFS

up to u

but being from a high fraud country ,    its a gamble not to claim u

and never mail your passport unless it is to renew it (here in the US)

there are other documents to do ID proof like National ID (copy of it ) or birth certificate 

 

i understand u live together and can prove many things

but she is married and not single

and she has to show married 

 

u asked 

but if u do not want to take our word for it,  do it your own way

[Crazy Cat 41,836]

11 minutes ago, Hamzaclaire said:

The only reason I am asking if she can file online as single is because any mail sent from here is likely to be lost.

The answer is that she cannot legally file as single if she was married as of 31 December of 2021.

[JeanneAdil 6,491]

54 minutes ago, Hamzaclaire said:

Have you missed the part that mailing anything from here is incredibly unreliable. Let alone send my passport only for it to be lost... The only reason I am asking if she can file online as single is because any mail sent from here is likely to be lost... And for the comingling part. We live together in tunisia.she is on my taxes, my social security, my insurance so that's covered.  None of this is shown at NVC stage and even if u take the proofs to interview,   the CO will "probably"  not look at it "   many have said "i had the documents right there with me and CO would not look at them"   it will be the documents she sends to NVC that matter and it involves US income and showing US residency so u can move here