Can I delay filing Married Filing Jointly with NRA spouse?

[bck86 20]

1 hour ago, Redro said:

Some consulates request the most recent tax returns when the interview is after April 15- even when the case has been DQ’ed before April 15. I won’t say why some request it and others don’t… but if they want to delay the case that’s one of their tactics.  You can probably submit a request for extension in the event they request your 2023 taxes. 

Thanks for this info! I think I’ll file for an extension so I can go with my Option 2 and hope that if they get to us before I get to Thailand in May-ish to file the taxes, they’ll accept that I have requested the extension. 

 

1 hour ago, Crazy Cat said:

The source you posted does NOT say you can legally delay filing taxes for 3 years.  It says after 3 years, you would lose any refund.   You cannot delay filing taxes for 3 years if you want your immigration case to proceed.

 

Your options are to file as Married Filing Separately now, then amending the return after spouse has a SSN.....or getting your spouse an ITIN, then filing a joint return. 

You’re right, it says there’s no penalty for not filing by April 15 if you don’t owe taxes. I was posting here to check my understanding.
 

I appreciate your knowledge across these forums, and I think based on everyone’s answers here and my own understanding, I’m going to go with filing an extension and then Option 2 of filing MFJ at a CAA when I go to Cambodia and Thailand in a few months.

[Redro 4,611]

14 minutes ago, bck86 said:

Thanks for this info! I think I’ll file for an extension so I can go with my Option 2 and hope that if they get to us before I get to Thailand in May-ish to file the taxes, they’ll accept that I have requested the extension. 

 

You’re right, it says there’s no penalty for not filing by April 15 if you don’t owe taxes. I was posting here to check my understanding.
 

I appreciate your knowledge across these forums, and I think based on everyone’s answers here and my own understanding, I’m going to go with filing an extension and then Option 2 of filing MFJ at a CAA when I go to Cambodia and Thailand in a few months.

Good luck! Please tell us how it works out. When I was searching for other threads on VJ people asked the question but never gave us a follow up. 

[JeanneAdil 6,505]

17 hours ago, bck86 said:

 

Ah I totally missed that. THANK YOU! That being said, the issue remains that all of his certified documents are in Cambodia and I have no way of getting them. I'm assuming certified copy means not a photocopy/PDF of said certified document.

 

Do you happen to know, then, if I can do my Option 2 beyond the April 15 date once I go to Cambodia and get a certified copy of his birth certificate from him?

You submit a copy of the Cambodia birth certifcate with the translattion (which is automatically certified by a qualified transator)

Along with copy of national ID (cambodia has the photo of person that is needed ) with the certified English translation.

its also good to get  POA (power of attorney )  from spouse that allows u to sign the 1040 and deposit the refund since the person is not here to sign  either

1040 must be mailed in as IRS wants to see these originals 

 

Ask spouse to get these to u ASAP

File now for the extension (Taxes due by October)

From IRS site 

https://www.irs.gov/pub/irs-news/fs-08-12.pdf

yes,  u have  a 3 year window

• Losing your refund. There is no penalty for failure to file if you are due a refund. However, you cannot obtain a refund without filing a tax return. If you wait too long to file, you may risk losing the refund altogether. In cases where a return is not filed, the law provides most taxpayers with a three-year window of opportunity for claiming a refund.

 

things to consider

1.   wait time for interview can be long

2.   can be denied

3.   can be lone AP after interview

 

Edited March 23 by JeanneAdil

[JeanneAdil 6,505]

anyone interviewing after April 15th 2024 needs to show 2023 tax returns

and having spouse named on returns does help show bona fida marriage

[bck86 20]

On 3/24/2024 at 2:42 PM, MylieBray said:

You understood correctly that there are deadlines for filing a tax return. Filing an MFS or MFJ return depends on your specific situation and financial obligations. Waiting until your spouse arrives to file a joint return has its risks, especially if you're expecting a refund.

Can you please elaborate on the “especially if you’re expecting a refund” part? Why is that riskier than if you owe taxes?

[OldUser 6,662]

12 hours ago, bck86 said:

Can you please elaborate on the “especially if you’re expecting a refund” part? Why is that riskier than if you owe taxes?

IRS will happily take your money. IRS is less happy giving you money (refund). 

[bck86 20]

On 3/23/2024 at 10:27 PM, Redro said:

Good luck! Please tell us how it works out. When I was searching for other threads on VJ people asked the question but never gave us a follow up. 

As promised, I’m here to follow up on my situation.

 

I filed for a tax extension in the first week of April, as suggested by members in this thread, though I was told both by tax professionals and during the process itself that if I don’t owe taxes, it wasn’t necessary. I did it anyway, and my online IRS account reflects my extension: “You have an extension to file your 2023 tax return.”

 

I contacted an IRS CAA in Thailand who met with my husband to certify his passport so we could file the W-7. The CAA made the process extremely easy and once the proper documents were signed, he sent them to me by DHL. After I received the documents, I filed the W-7 along with my tax return (prepared by Turbo Tax online) on paper to the ITIN operation in Austin, TX. 

 

I did this all by the end of April, then made a copy of the entire tax packet to take to our interview and show that we had filed our taxes.

 

Our interview was today (June 11), and though we were prepared with both 2022 tax return (the same that I submitted to the NVC back in January when we were DQ) and 2023 tax return (submitted last month, still processing), they did not ask us for any of the financial documents at all.

 

We were approved and though it turns out we weren’t asked for them, I’m glad we had everything prepared on the chance they did ask.

Edited June 11 by bck86