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IamIan

incorrect information on NVC wiki about taxes?

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Hello there.

My wife is just filing her 2015 returns as married seperate. On the NVC wiki, it says:

"Filing MFS (married filing separate) will probably be the easiest for most people as it doesn't require any extra documents from the foreign spouse, nor does it require their signature. On the tax return, where it asks for the spouse's SSN, you would put 'NRA' for Non-Resident Alien. Continue filling out the rest of the return as normal. That is all you have to do."

However on the IRS website,it says we must apply for a tax code instead of a social security number...

"If your spouse is a nonresident alien and you file a joint or separate return, your spouse must have either a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). To get an SSN for your spouse, apply at a social security office or U.S. consulate. You must complete Form SS-5. You must also provide original or certified copies of documents to verify your spouse's age, identity, and citizenship. If your spouse is not eligible to get an SSN, he or she can file Form W-7 with the IRS to apply for an ITIN. Refer to Taxpayer Identification Numbers (TIN) for more information."

https://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Nonresident-Alien-Spouse

Can anyone shed some light on this?

Edited by IamIan
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Filed: AOS (pnd) Country: Pakistan
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I'm not really understanding how you're working without either a SSN or a ITIN in the first place. It's outright illegal, even if you have your work authorization card, to work without registering and paying your state, local, and federal taxes on your wages. The first thing that should have happened after the visa and entry, was to establish residency in a state (by getting a license or state ID) and then getting a SSN if the person planned to work/stay. If not staying but working, then the ITIN. This information is readily available out there on IRS' website, on the USCIS website for newly entering immigrants/visitors, the State Department website (for newly entering immigrants/visitors)...

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I'm not working in USA. :) I have a cr1 application processing at the moment. I live and work in the UK. She lives and works in USA. But she still needs to file as married.

I was just curious if the NVC wiki was either outdated or incorrect or whether I've missed something.

Edited by IamIan
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This is what I have learned so far: If you want to file as married filing separately, you put NRA (non-resident alien) in the spot for SSN and file as usual. You have to paper file. If you want to file jointly, you have to attach a W-7 form, which is an application to file taxes as a USA resident. You apparently have to include your passport when you mail in the paper copy of your tax filing. I learned that in Pakistan, my husband (he already did this) can go to the US Embassy and get his passport certified (NOT notarized) and send that along with the signed W-7 back to me. I assume you can do this as well. Then I include those papers in my paper filing of taxes and file jointly. My bad news is he is self-employed, which makes things complicated. I am going to a CPA to help me with all this. You can always amend your taxes later within 3 years. If you are not self-employed, it doesn't seem horribly hard. Good luck!

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Filed: Citizen (apr) Country: Colombia
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My experience with this last year is that I filed the W7 for my wife in the hopes of getting an ITIN while she was still living abroad as a non-resident alien. The IRS rejected the application as her immigration and qualification for SSN was imminent. Not too imminent though since it still took until July before she arrived. As a result, I delayed filing the 1040 tax return as MFJ until she received the SSN in August.

You might give it a shot and see if they'll grant you an ITIN. I have also heard that some people file the W7 with the 1040 simultaneously.

The worst that happens is that they treat her 1040 MFJ filing as 1040 MFS for purposes of refund, and then she has to file an amended return once you're here with an SSN in order to receive the balance of her refund.

I'm not really understanding how you're working without either a SSN or a ITIN in the first place. It's outright illegal,

Please read all posts thoroughly before attempting to give advice. Nowhere did he indicate that he is even living in the US, much less working here. Meanwhile, after mis-reading his post, you accused him of illegal behavior.

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

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Hello there.

My wife is just filing her 2015 returns as married seperate. On the NVC wiki, it says:

"Filing MFS (married filing separate) will probably be the easiest for most people as it doesn't require any extra documents from the foreign spouse, nor does it require their signature. On the tax return, where it asks for the spouse's SSN, you would put 'NRA' for Non-Resident Alien. Continue filling out the rest of the return as normal. That is all you have to do."

However on the IRS website,it says we must apply for a tax code instead of a social security number...

Can anyone shed some light on this?

Shedding light :P

Your link is describing how your wife could elect to file jointly with you. And yes, the only way is if you had a SSN or ITIN. But you need to look at this Filing status information. This link should shortcut you to Married Filing Separately topic. https://www.irs.gov/publications/p17/ch02.html#en_US_2015_publink1000170777

Look three paragraphs below the box that says TIP

You can file Form 1040. If your taxable income is less than $100,000, you may be able to file Form 1040A. Select this filing status by checking the box on line 3 of either form. Enter your spouse's full name and SSN or ITIN in the spaces provided. If your spouse doesn't have and isn't required to have an SSN or ITIN, enter NRA in the space for your spouse's SSN. Use the Married filing separately column of the Tax Table or Section C of the Tax Computation Worksheet to figure your tax.

Edit to add: TurboTax and probably other software programs will not allow Alpha characters in the SSN field. She will likely have to print it out, write in NRA and file by mail if she is doing taxes with software.

Edited by Nich-Nick

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I think you might be psychic nich nick. That was the problem, she couldn't enter letters on the ssn part.

I'm not really understanding how you're working without either a SSN or a ITIN in the first place. It's outright illegal, even if you have your work authorization card, to work without registering and paying your state, local, and federal taxes on your wages.

Wait. Donald, is that you? Sorry to hear about Iowa mate.

Edited by IamIan
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If you plan to file jointly and your spouse needs a ITIN, the US Embassy in London will do the following to assist in getting a ITIN:

Please refer to the Embassy’s notary webpage for further information - https://uk.usembassy.gov/u-s-citizen-services/notary-services-for-all-nationalities/. Please note that although it is not specifically detailed on our website, we are able to provide this service. U. S. Embassy, London, cannot authenticate a copy of your husband’s passport. Assuming he has a foreign (non-US) passport, we will stamp it “Seen and Returned,” and affix all requisite stamps/seals to satisfy the W7 requirements for an ITIN.

Please read the information and then click on the relevant link to schedule an appointment. Please note that the appointment booking system reflects real time availability. Additional regular appointments are opened every Friday one month in advance. Should your requirement be urgent, you may email us to request an emergency appointment.

I have schedule the husband's appointment already. It is ‎£50 and appointments are limited. I won't be able to file taxes until mid-March after receiving the form signed and such from husband.

Wife US Citizen/Husband UK Citizen


2mpdjqe.jpg

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Filed: K-1 Visa Country: Guatemala
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I'm not working in USA. :) I have a cr1 application processing at the moment. I live and work in the UK. She lives and works in USA. But she still needs to file as married.

I was just curious if the NVC wiki was either outdated or incorrect or whether I've missed something.

Nothing on WIKI is official. WIKI is a website that is created and maintained by users inputting what they know or think they know. NEVER rely on WIKI for ANYTHING. Always use travel.state.gov or USCIS websites for accurate information.

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Our wiki is pretty well maintained by experienced members on this website. The USCIS and sometimes the NVC, especially the phone lines, are often known for the misinformation they give.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Our wiki is pretty well maintained by experienced members on this website. The USCIS and sometimes the NVC, especially the phone lines, are often known for the misinformation they give.

Agree with that. I've been given much more accurate and better advice from members on here and the wiki than from the nvc call centre. One time, the guy at nvc told us to call back after 3 weeks to get our case number. We ignored him, called back the next day and they had the number.

Edited by IamIan
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Filed: Lift. Cond. (apr) Country: China
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Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: Citizen (apr) Country: Vietnam
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After you come here and receive SSN - refile an amended tax return as married filing jointly. In most cases a sizable refund will be the end result.

ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

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After you come here and receive SSN - refile an amended tax return as married filing jointly. In most cases a sizable refund will be the end result.

Thank you Cyclone. That's good to hear. Filing married separate she has $960 to pay. If we'd have filed together, she'd have got 5k back.

So, would you mind advising what documentation I need to bring when I move to USA to adjust to married jointly? My employment in 2015 was all over the place - I was made redundanct twice and did a ton of ####### jobs to keep things ticking over.

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