Are we missing document for AOS?

[RedAndChile 7]

1 hour ago, blchaddy said:

I don’t know if this helps..but, we filed married/separately, that way my husband didn’t have to get an ITIN/SSN. Also, for US taxes, you don’t have to report the foreign spouses income if you’re filing separately. You can also go back and amend your tax returns up to 3 years afterwards I believe, so you should be able to go back and make any corrections. 

 

I have heard stories before of issues when someone applied for spousal visa with missing tax returns —this is just some thing I’ve seen when watching Jim Hacking videos. So I don’t have first hand knowledge if that would actually be an issue, and if so if it’s minor or major. 

May I ask how you did it? You just left the identification space in blank? We're really confused, because applying for an ITIN number could be a long wait.

[Redro 4,611]

2 hours ago, RedAndChile said:

May I ask how you did it? You just left the identification space in blank? We're really confused, because applying for an ITIN number could be a long wait.

FIle MFS.

You write -NRA instead of ITIN/SSN. 

Most programs won't allow you to file electronically if you use NRA. You will have to mail the tax returns in. 

To exclude overseas income use form 2555. 

 

[pushbrk 12,876]

Last answer above should help, but for tax issues, it's so inexpensive to consult a professional, it's well worth the small expense.

[Redro 4,611]

7 minutes ago, pushbrk said:

Last answer above should help, but for tax issues, it's so inexpensive to consult a professional, it's well worth the small expense.

Consulting a professional is good advice. 

BUT, they need to talk to someone familiar with handling a married person with NRA spouse and foreign income. 

Most professionals will advise to file single. 

Best to ask this question in the Tax and Finances forum. 

Edited May 16, 2022 by ROK2USA

[pushbrk 12,876]

3 minutes ago, ROK2USA said:

Consulting a professional is good advice. 

BUT, they need to talk to someone familiar with handling a married person with NRA spouse and foreign income. 

Most professionals will advise to file single. 

Best to ask this question in the Tax and Finances forum. 

Good idea.  Many in this situation will file single and then amend the return, but MFS is pretty simple too, from what I understand.  Just need to do it by mail, which delays any refund.  

 

Filing one way and then amending the return later, is not only an option, but sometimes it's a "strategy".

[RedAndChile 7]

Thank you everybody. It's time for us to get professional help.

 

Have a great week!!

[blchaddy 15]

On 5/16/2022 at 4:15 PM, RedAndChile said:

May I ask how you did it? You just left the identification space in blank? We're really confused, because applying for an ITIN number could be a long wait.

Yes, you just need to leave the SSN spot for spouse blank if you’re filing married separately. If you look at the tax forms, it actually says to only put spouse’s SSN/ITIN if you’re filing married jointly (If you file married separately, it says to leave blank)

[RedAndChile 7]

5 minutes ago, blchaddy said:

Yes, you just need to leave the SSN spot for spouse blank if you’re filing married separately. If you look at the tax forms, it actually says to only put spouse’s SSN/ITIN if you’re filing married jointly (If you file married separately, it says to leave blank)

I did some research in the finance forum here, and many filed by mail MFS, and wrote "NRA" on the SSN spot for spouse. The downpart of doing it by mail is having to wait from 6 to 8 weeks so the IRS has the transcript ready.

 

By software you're not usually able to do an E-File. I think there is 1 exception with one software I dont know and it's a very recent version, but its not our case it seems (her mom is an accountant as I mentioned, and couldn't do it by software). Even the people on the forum tested and concluded negatively on the software.

 

How long did the IRS take to have the transcript ready for you?.

 

Thank you!!!

[Redro 4,611]

19 minutes ago, RedAndChile said:

I did some research in the finance forum here, and many filed by mail MFS, and wrote "NRA" on the SSN spot for spouse. The downpart of doing it by mail is having to wait from 6 to 8 weeks so the IRS has the transcript ready.

 

By software you're not usually able to do an E-File. I think there is 1 exception with one software I dont know and it's a very recent version, but its not our case it seems (her mom is an accountant as I mentioned, and couldn't do it by software). Even the people on the forum tested and concluded negatively on the software.

 

How long did the IRS take to have the transcript ready for you?.

 

Thank you!!!

You do not need to wait for the transcripts. 

Upload a copy of the tax returns and upload a statement saying you do not have W2s because the income is not from the US. 

If you search on the forums you can find a template for no W2s/1099s.

[RedAndChile 7]

23 minutes ago, ROK2USA said:

You do not need to wait for the transcripts. 

Upload a copy of the tax returns and upload a statement saying you do not have W2s because the income is not from the US. 

If you search on the forums you can find a template for no W2s/1099s.

Omg that's great to know!, so the document we upload is the 1040 she sends to the IRS right?

 

Thank you very much!

[Redro 4,611]

1 minute ago, RedAndChile said:

Omg that's great to know!, so the document we upload is the 1040 she sends to the IRS right?

 

Thank you very much!

Send the entire return. 

Everything you mail to the IRS should be uploaded to the system. 

[blchaddy 15]

12 hours ago, RedAndChile said:

I did some research in the finance forum here, and many filed by mail MFS, and wrote "NRA" on the SSN spot for spouse. The downpart of doing it by mail is having to wait from 6 to 8 weeks so the IRS has the transcript ready.

 

By software you're not usually able to do an E-File. I think there is 1 exception with one software I dont know and it's a very recent version, but its not our case it seems (her mom is an accountant as I mentioned, and couldn't do it by software). Even the people on the forum tested and concluded negatively on the software.

 

How long did the IRS take to have the transcript ready for you?.

 

Thank you!!!

Edited May 20, 2022 by blchaddy

[Redro 4,611]

1 minute ago, blchaddy said:

I did efile for federal, paper for state. You don’t have to put anything in the SSN box if you do MFS (for efile it didn’t ask my spouses SSN, for paper I left it blank and my taxes were all accepted and processed fine). It should only ask for spouse’s SSN/ITIN if you file MFJ (it’s on the tax form instructions). I included a photo below of the form so you can see you only need to include your spouses info here if you file jointly (the only spot you have to even include spouses name if filing separately is at the very top of the form where it’ll ask for spouses name if filing separately  (not sure if you can see in this photo). I think it is a little confusing to some people with the way it’s worded (bc it says “if joint return, enter spouses name”..and doesn’t mention SSN. Lol I think their logic is prob they think filers will just assume if someone’s name isn’t there, you wouldn’t add their ssn). 

So the efile program you’re using shouldnt ask for foreign spouse’s SSN if you file MFS— the program you use might just enter NRA as a space filler (I had done a lot of research before about this and read some people would put 999-99-9999 for  SSN spot as a space filler —but you def don’t even need a filler ). One of the efilers I used is called  OLT and they didn’t give me any issues. 
 

Remember, even if you file MFS now, you can always go back and amend your return later if you’d like to change it to MFJ. But, at least you’ll get it done quickly with MFS and won’t have to mail in foreign spouses birth certificate and write a letter to IRS, report foreign spouse income etc. 
 

Tax transcript is ready in like a week usually. 
 

Hope all this helps!

Which program did you use?

For every single program I've ever tried they force me to add an SSN if filing MFS. And you can't file electronically if you do not provide the SSN. 

[blchaddy 15]

Just now, ROK2USA said:

Which program did you use?

For every single program I've ever tried they force me to add an SSN if filing MFS. And you can't file electronically if you do not provide the SSN. 

OLT. Theyll fill in NRA as a filler for it. 

[Redro 4,611]

29 minutes ago, blchaddy said:

OLT. Theyll fill in NRA as a filler for it. 

OLT? 

Can you include the full name of the program?

or a link to the website. This is great info for those who have to file with an NRA spouse. 

Edited May 20, 2022 by ROK2USA