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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

Carlos Torres
It just came to mind. My wife is going to her interview on May 9th, 2008 and she basically has most of the paper work that she is going to present for the interview and I have sent the original copies for my 2005 & 2006 taxes but my 2007 taxes I have not done it yet because at H&R block they told me that since Im married I have to do my taxes as being married, (which that's obvious) but since my wife isn't here I cannot do my taxes because I would need my wife's SS#.
Does anybody know if this might be a problem? I'm not sure if they ask her for my taxes for 2007 and since I have not done it yet until she actually gets here, im not sure if this could delay from her coming to the USA.

Any suggestions?

Thank you

Carlos Torres
msmuth
QUOTE(Carlos Torres @ Apr 21 2008, 06:49 PM) *
It just came to mind. My wife is going to her interview on May 9th, 2008 and she basically has most of the paper work that she is going to present for the interview and I have sent the original copies for my 2005 & 2006 taxes but my 2007 taxes I have not done it yet because at H&R block they told me that since Im married I have to do my taxes as being married, (which that's obvious) but since my wife isn't here I cannot do my taxes because I would need my wife's SS#.
Does anybody know if this might be a problem? I'm not sure if they ask her for my taxes for 2007 and since I have not done it yet until she actually gets here, im not sure if this could delay from her coming to the USA.

Any suggestions?

Thank you

Carlos Torres


I can't say for sure, but it would seem like the most recent tax year is the most important for verification that you can support your spouse. How are you filing the I-134, with taxes from 2006?
I would at least make sure that your spouse had a copy of your 2007 W2.
Carlos Torres
QUOTE(msmuth @ Apr 21 2008, 09:39 PM) *
QUOTE(Carlos Torres @ Apr 21 2008, 06:49 PM) *
It just came to mind. My wife is going to her interview on May 9th, 2008 and she basically has most of the paper work that she is going to present for the interview and I have sent the original copies for my 2005 & 2006 taxes but my 2007 taxes I have not done it yet because at H&R block they told me that since Im married I have to do my taxes as being married, (which that's obvious) but since my wife isn't here I cannot do my taxes because I would need my wife's SS#.
Does anybody know if this might be a problem? I'm not sure if they ask her for my taxes for 2007 and since I have not done it yet until she actually gets here, im not sure if this could delay from her coming to the USA.

Any suggestions?

Thank you

Carlos Torres


I can't say for sure, but it would seem like the most recent tax year is the most important for verification that you can support your spouse. How are you filing the I-134, with taxes from 2006?
I would at least make sure that your spouse had a copy of your 2007 W2.



Well my most current taxes are from 2006 since I havent done my taxes for 2007 because my wife needs to be here in order for me to do my taxes as married. but i did made a copy of my W2 and sent it to my wife last week just in case. I hope thats good enough.

Gracias,

Carlos Torres
msmuth
QUOTE
Well my most current taxes are from 2006 since I havent done my taxes for 2007 because my wife needs to be here in order for me to do my taxes as married. but i did made a copy of my W2 and sent it to my wife last week just in case. I hope thats good enough.

Gracias,

Carlos Torres

Are you sure that H&R Block isn't blowing smoke up your.... You know these people sometimes aren't the best trained. It seems like your in a catch 22 if you really must file your taxes as married. I would think that if your marriage was not done in the USA, then you could easily file your taxes as single. I don't think the IRS is going to have a problem with taking more taxes from you, which is what would happen filing single.
If it were me, I would be telling H&R Block to file my taxes as single and getting a copy of the return sent to my spouse ASAP. If the consulate holds up the visa for the 2007 tax return, you are going to have to do this anyway. I would eliminate this risk.
Carlos Torres
QUOTE(msmuth @ Apr 21 2008, 10:01 PM) *
QUOTE
Well my most current taxes are from 2006 since I havent done my taxes for 2007 because my wife needs to be here in order for me to do my taxes as married. but i did made a copy of my W2 and sent it to my wife last week just in case. I hope thats good enough.

Gracias,

Carlos Torres

Are you sure that H&R Block isn't blowing smoke up your.... You know these people sometimes aren't the best trained. It seems like your in a catch 22 if you really must file your taxes as married. I would think that if your marriage was not done in the USA, then you could easily file your taxes as single. I don't think the IRS is going to have a problem with taking more taxes from you, which is what would happen filing single.
If it were me, I would be telling H&R Block to file my taxes as single and getting a copy of the return sent to my spouse ASAP. If the consulate holds up the visa for the 2007 tax return, you are going to have to do this anyway. I would eliminate this risk.


Wel i got married in June 9th, 2007 in Peru, so if I file my taxes as single, I dont think I will be able to change that as married, and I dont know if I am going to get in trouble for filing single, when Im actually married but my wife is in Peru...now im going crazy, because if i file as single I know is less money back but i dont know why would they hold eveything up because of the taxes, if I make more than what they ask in the affidavit...so your advise would be for me to just do my taxes as single?

Carlos T.
PatiencePaidOff
QUOTE(Carlos Torres @ Apr 21 2008, 10:10 PM) *
QUOTE(msmuth @ Apr 21 2008, 10:01 PM) *
QUOTE
Well my most current taxes are from 2006 since I havent done my taxes for 2007 because my wife needs to be here in order for me to do my taxes as married. but i did made a copy of my W2 and sent it to my wife last week just in case. I hope thats good enough.

Gracias,

Carlos Torres

Are you sure that H&R Block isn't blowing smoke up your.... You know these people sometimes aren't the best trained. It seems like your in a catch 22 if you really must file your taxes as married. I would think that if your marriage was not done in the USA, then you could easily file your taxes as single. I don't think the IRS is going to have a problem with taking more taxes from you, which is what would happen filing single.
If it were me, I would be telling H&R Block to file my taxes as single and getting a copy of the return sent to my spouse ASAP. If the consulate holds up the visa for the 2007 tax return, you are going to have to do this anyway. I would eliminate this risk.


Wel i got married in June 9th, 2007 in Peru, so if I file my taxes as single, I dont think I will be able to change that as married, and I dont know if I am going to get in trouble for filing single, when Im actually married but my wife is in Peru...now im going crazy, because if i file as single I know is less money back but i dont know why would they hold eveything up because of the taxes, if I make more than what they ask in the affidavit...so your advise would be for me to just do my taxes as single?

Carlos T.


You need to make a written statement why you were not able to file the taxes and get it notarized. Then send it along with your W-2/1099 to your wife for the interview.
Carlos Torres
QUOTE(lotofpatience @ Apr 21 2008, 10:15 PM) *
QUOTE(Carlos Torres @ Apr 21 2008, 10:10 PM) *
QUOTE(msmuth @ Apr 21 2008, 10:01 PM) *
QUOTE
Well my most current taxes are from 2006 since I havent done my taxes for 2007 because my wife needs to be here in order for me to do my taxes as married. but i did made a copy of my W2 and sent it to my wife last week just in case. I hope thats good enough.

Gracias,

Carlos Torres

Are you sure that H&R Block isn't blowing smoke up your.... You know these people sometimes aren't the best trained. It seems like your in a catch 22 if you really must file your taxes as married. I would think that if your marriage was not done in the USA, then you could easily file your taxes as single. I don't think the IRS is going to have a problem with taking more taxes from you, which is what would happen filing single.
If it were me, I would be telling H&R Block to file my taxes as single and getting a copy of the return sent to my spouse ASAP. If the consulate holds up the visa for the 2007 tax return, you are going to have to do this anyway. I would eliminate this risk.


Wel i got married in June 9th, 2007 in Peru, so if I file my taxes as single, I dont think I will be able to change that as married, and I dont know if I am going to get in trouble for filing single, when Im actually married but my wife is in Peru...now im going crazy, because if i file as single I know is less money back but i dont know why would they hold eveything up because of the taxes, if I make more than what they ask in the affidavit...so your advise would be for me to just do my taxes as single?

Carlos T.


You need to make a written statement why you were not able to file the taxes and get it notarized. Then send it along with your W-2/1099 to your wife for the interview.

ok, that sounds better. I guess I can just type the statement and have it notarized and just mail it over...basically just write the reason why I havent filed my 2007 taxes yet, correct? at least that is what H&R block has told me.

Thank you for all your help everyone

Carlos T.
PatiencePaidOff
QUOTE(Carlos Torres @ Apr 21 2008, 10:24 PM) *
QUOTE(lotofpatience @ Apr 21 2008, 10:15 PM) *
QUOTE(Carlos Torres @ Apr 21 2008, 10:10 PM) *
QUOTE(msmuth @ Apr 21 2008, 10:01 PM) *
QUOTE
Well my most current taxes are from 2006 since I havent done my taxes for 2007 because my wife needs to be here in order for me to do my taxes as married. but i did made a copy of my W2 and sent it to my wife last week just in case. I hope thats good enough.

Gracias,

Carlos Torres

Are you sure that H&R Block isn't blowing smoke up your.... You know these people sometimes aren't the best trained. It seems like your in a catch 22 if you really must file your taxes as married. I would think that if your marriage was not done in the USA, then you could easily file your taxes as single. I don't think the IRS is going to have a problem with taking more taxes from you, which is what would happen filing single.
If it were me, I would be telling H&R Block to file my taxes as single and getting a copy of the return sent to my spouse ASAP. If the consulate holds up the visa for the 2007 tax return, you are going to have to do this anyway. I would eliminate this risk.


Wel i got married in June 9th, 2007 in Peru, so if I file my taxes as single, I dont think I will be able to change that as married, and I dont know if I am going to get in trouble for filing single, when Im actually married but my wife is in Peru...now im going crazy, because if i file as single I know is less money back but i dont know why would they hold eveything up because of the taxes, if I make more than what they ask in the affidavit...so your advise would be for me to just do my taxes as single?

Carlos T.


You need to make a written statement why you were not able to file the taxes and get it notarized. Then send it along with your W-2/1099 to your wife for the interview.

ok, that sounds better. I guess I can just type the statement and have it notarized and just mail it over...basically just write the reason why I havent filed my 2007 taxes yet, correct? at least that is what H&R block has told me.

Thank you for all your help everyone

Carlos T.


Carols, if you read page# 8 of I-864 PDF file, you need to submit the taxes.

"If you were required to file a Federal income tax return duringany of the previous three tax years but did not do so, you mustfile any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filingbefore submitting the I-864 Affidavit of Support."

http://www.uscis.gov/files/form/I-864.pdf
PatiencePaidOff
QUOTE(lotofpatience @ Apr 21 2008, 11:38 PM) *
QUOTE(Carlos Torres @ Apr 21 2008, 10:24 PM) *
QUOTE(lotofpatience @ Apr 21 2008, 10:15 PM) *
QUOTE(Carlos Torres @ Apr 21 2008, 10:10 PM) *
QUOTE(msmuth @ Apr 21 2008, 10:01 PM) *
QUOTE
Well my most current taxes are from 2006 since I havent done my taxes for 2007 because my wife needs to be here in order for me to do my taxes as married. but i did made a copy of my W2 and sent it to my wife last week just in case. I hope thats good enough.

Gracias,

Carlos Torres

Are you sure that H&R Block isn't blowing smoke up your.... You know these people sometimes aren't the best trained. It seems like your in a catch 22 if you really must file your taxes as married. I would think that if your marriage was not done in the USA, then you could easily file your taxes as single. I don't think the IRS is going to have a problem with taking more taxes from you, which is what would happen filing single.
If it were me, I would be telling H&R Block to file my taxes as single and getting a copy of the return sent to my spouse ASAP. If the consulate holds up the visa for the 2007 tax return, you are going to have to do this anyway. I would eliminate this risk.


Wel i got married in June 9th, 2007 in Peru, so if I file my taxes as single, I dont think I will be able to change that as married, and I dont know if I am going to get in trouble for filing single, when Im actually married but my wife is in Peru...now im going crazy, because if i file as single I know is less money back but i dont know why would they hold eveything up because of the taxes, if I make more than what they ask in the affidavit...so your advise would be for me to just do my taxes as single?

Carlos T.


You need to make a written statement why you were not able to file the taxes and get it notarized. Then send it along with your W-2/1099 to your wife for the interview.

ok, that sounds better. I guess I can just type the statement and have it notarized and just mail it over...basically just write the reason why I havent filed my 2007 taxes yet, correct? at least that is what H&R block has told me.

Thank you for all your help everyone

Carlos T.


Carols, if you read page# 8 of I-864 PDF file, you need to submit the taxes.

"If you were required to file a Federal income tax return duringany of the previous three tax years but did not do so, you mustfile any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filingbefore submitting the I-864 Affidavit of Support."

http://www.uscis.gov/files/form/I-864.pdf


Anyway, try your spouse's interview with written letter and W-2.

Meanwhile you can file your taxes "married filing jointly" by requesting your wife's ITIN on W-7 form. It would take 4 to 6 weeks to complete the process, then you can get IRS transcript.
Zayd
QUOTE(lotofpatience @ Apr 21 2008, 10:44 PM) *
QUOTE(lotofpatience @ Apr 21 2008, 11:38 PM) *
QUOTE(Carlos Torres @ Apr 21 2008, 10:24 PM) *
QUOTE(lotofpatience @ Apr 21 2008, 10:15 PM) *
QUOTE(Carlos Torres @ Apr 21 2008, 10:10 PM) *
QUOTE(msmuth @ Apr 21 2008, 10:01 PM) *
QUOTE
Well my most current taxes are from 2006 since I havent done my taxes for 2007 because my wife needs to be here in order for me to do my taxes as married. but i did made a copy of my W2 and sent it to my wife last week just in case. I hope thats good enough.

Gracias,

Carlos Torres

Are you sure that H&R Block isn't blowing smoke up your.... You know these people sometimes aren't the best trained. It seems like your in a catch 22 if you really must file your taxes as married. I would think that if your marriage was not done in the USA, then you could easily file your taxes as single. I don't think the IRS is going to have a problem with taking more taxes from you, which is what would happen filing single.
If it were me, I would be telling H&R Block to file my taxes as single and getting a copy of the return sent to my spouse ASAP. If the consulate holds up the visa for the 2007 tax return, you are going to have to do this anyway. I would eliminate this risk.


Wel i got married in June 9th, 2007 in Peru, so if I file my taxes as single, I dont think I will be able to change that as married, and I dont know if I am going to get in trouble for filing single, when Im actually married but my wife is in Peru...now im going crazy, because if i file as single I know is less money back but i dont know why would they hold eveything up because of the taxes, if I make more than what they ask in the affidavit...so your advise would be for me to just do my taxes as single?

Carlos T.


You need to make a written statement why you were not able to file the taxes and get it notarized. Then send it along with your W-2/1099 to your wife for the interview.

ok, that sounds better. I guess I can just type the statement and have it notarized and just mail it over...basically just write the reason why I havent filed my 2007 taxes yet, correct? at least that is what H&R block has told me.

Thank you for all your help everyone

Carlos T.


Carols, if you read page# 8 of I-864 PDF file, you need to submit the taxes.

"If you were required to file a Federal income tax return duringany of the previous three tax years but did not do so, you mustfile any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filingbefore submitting the I-864 Affidavit of Support."

http://www.uscis.gov/files/form/I-864.pdf


Anyway, try your spouse's interview with written letter and W-2.

Meanwhile you can file your taxes "married filing jointly" by requesting your wife's ITIN on W-7 form. It would take 4 to 6 weeks to complete the process, then you can get IRS transcript.



It is correct that you can file the W7 form with the IRS even if your wife is not in the country yet. I did so for my taxes and I know many others have as well. I think you got bad advice. One thing you should try is have your wife call the embassy at the number listed on the letter she received and ask them what their policy is. It may differ from embassy to embassy. However, since you already filed an I-864, the tax return for the following year is not related.
DaniAndEnrique
QUOTE(lotofpatience @ Apr 21 2008, 11:38 PM) *
QUOTE(Carlos Torres @ Apr 21 2008, 10:24 PM) *
QUOTE(lotofpatience @ Apr 21 2008, 10:15 PM) *
QUOTE(Carlos Torres @ Apr 21 2008, 10:10 PM) *
QUOTE(msmuth @ Apr 21 2008, 10:01 PM) *
QUOTE
Well my most current taxes are from 2006 since I havent done my taxes for 2007 because my wife needs to be here in order for me to do my taxes as married. but i did made a copy of my W2 and sent it to my wife last week just in case. I hope thats good enough.

Gracias,

Carlos Torres

Are you sure that H&R Block isn't blowing smoke up your.... You know these people sometimes aren't the best trained. It seems like your in a catch 22 if you really must file your taxes as married. I would think that if your marriage was not done in the USA, then you could easily file your taxes as single. I don't think the IRS is going to have a problem with taking more taxes from you, which is what would happen filing single.
If it were me, I would be telling H&R Block to file my taxes as single and getting a copy of the return sent to my spouse ASAP. If the consulate holds up the visa for the 2007 tax return, you are going to have to do this anyway. I would eliminate this risk.


Wel i got married in June 9th, 2007 in Peru, so if I file my taxes as single, I dont think I will be able to change that as married, and I dont know if I am going to get in trouble for filing single, when Im actually married but my wife is in Peru...now im going crazy, because if i file as single I know is less money back but i dont know why would they hold eveything up because of the taxes, if I make more than what they ask in the affidavit...so your advise would be for me to just do my taxes as single?

Carlos T.


You need to make a written statement why you were not able to file the taxes and get it notarized. Then send it along with your W-2/1099 to your wife for the interview.

ok, that sounds better. I guess I can just type the statement and have it notarized and just mail it over...basically just write the reason why I havent filed my 2007 taxes yet, correct? at least that is what H&R block has told me.

Thank you for all your help everyone

Carlos T.


Carols, if you read page# 8 of I-864 PDF file, you need to submit the taxes.

"If you were required to file a Federal income tax return duringany of the previous three tax years but did not do so, you mustfile any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filingbefore submitting the I-864 Affidavit of Support."

http://www.uscis.gov/files/form/I-864.pdf

True, your wife need to show 2007 taxes in embassy. With my I-864EZ form I sent only 2006 year taxes, they were accepted, buy now in appointment letter that I received from NVC says that my husband need to bring 2007 year taxes from the sponsor.
BRIAN AND ISA
Make sure she has your 2007 W-2's and I would probably have H & R Block type a letter stating that they have filed an extension for your tax returns. This happened to me last year at the interview for Isa and I just had my accountant type up a letter on his letterhead and that was OK. Good Luck.
saradanielle
QUOTE(Carlos Torres @ Apr 21 2008, 10:52 PM) *
QUOTE(msmuth @ Apr 21 2008, 09:39 PM) *
QUOTE(Carlos Torres @ Apr 21 2008, 06:49 PM) *
It just came to mind. My wife is going to her interview on May 9th, 2008 and she basically has most of the paper work that she is going to present for the interview and I have sent the original copies for my 2005 & 2006 taxes but my 2007 taxes I have not done it yet because at H&R block they told me that since Im married I have to do my taxes as being married, (which that's obvious) but since my wife isn't here I cannot do my taxes because I would need my wife's SS#.
Does anybody know if this might be a problem? I'm not sure if they ask her for my taxes for 2007 and since I have not done it yet until she actually gets here, im not sure if this could delay from her coming to the USA.

Any suggestions?

Thank you

Carlos Torres


I can't say for sure, but it would seem like the most recent tax year is the most important for verification that you can support your spouse. How are you filing the I-134, with taxes from 2006?
I would at least make sure that your spouse had a copy of your 2007 W2.



Well my most current taxes are from 2006 since I havent done my taxes for 2007 because my wife needs to be here in order for me to do my taxes as married. but i did made a copy of my W2 and sent it to my wife last week just in case. I hope thats good enough.

Gracias,

Carlos Torres


I filed my taxes as "married, filing separately" - in which event, you shouldn't need to have any of your spouse's personal information. My husband has not even been to the US yet, so he obviously doesn't have a SSN or anything else. If you file jointly, then you need the spouse's info.
Neethu Alan
You can definitely file in as married. A friend of mine did taxes at HR and they put "Not Available" for her husband's SSN. Her husband was in India that time.
Same for me! I actually sent in my papers. W2 is fine too, I think. After all the tax form they are talking about is W2, right?
KipandSarahJayne
We filed married jointly even though I'm in England. We used the W7 and a certified copy of my passport, which I later backed up with a U.S. Notarised copy. It was accepted and the refund is on its way.
I was given a tax number in place of my SSN.
Hope you get it sorted out rose.gif
Carlos Torres
Thank you eveybody for your responses...I am actually getting my taxes done this coming monday, they told me that I can do it married, filing jointly and later on I will get the ITIN number and basically i will get my taxes form the same day, enought for me to mail it over to my wife's house and get it just in time right before her interview date...hope that works because this is really making me go crazy since I already bought the plane tickets for the 20th of May sad.gif and if something happens I am gonna die sad.gif ...thanks again eveybody.

Carlos Torres
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