Since I will be getting all my W-2s and 1099s next week I am going to go ahead and wait to file the I-864. 2006 will be my first full year as a salaried employee, so I will have a MUCH higher adjusted income then the past few years when I have been filing as self-employed on all my income. (my main company I have been contracting with put me on the payroll in late 2005) The IRS told me I can file as married filing separately now, then when Kathlene gets her SSN I can file an amended return.

So this will put my adjusted gross income right at the 125% level, but I think I am going to go ahead and let my brother file as joint-sponsor since he does not mind and that would cover all my bases if they wonder about my lower adjusted income on my self-employed years.

Does this sound like the way to go since I think I have some leeway as to getting the AOS in?

My wife is just now getting her passport and I have just sent her the DS-230 forms she needs to fill out while they process my IV fee. So I am looking at a few weeks before I receive everything back from the Philippines and from the NVC as well.

Hi,

In order for you to file as married you must submit a w-7 (form for obtaining a ITIN number) for your wife with your return.....she must sign the w-7 form and the tax return....i just went through this with the irs, tought i would pass it along to you.

Jazzy

OK, so I guess it is true, you can't trust the IRS's own help line! I spent nearly 30 minutes on hold and waiting while they checked and researched forms and they told me I could file separately without her SSN.

Oh well, I guess I will still wait and send in copies of my 2006 w-2s and 1099s to show I gross over the 125% level.

I asked the guy three times if it mattered my wife did not have a SSN and he said he was sure I could file without it. He also said I could not file for a tax ID number since she is eligible for a SSN once she gets here.

I can always go back to my original plan and just file an extension until she gets her in the Summer. ( I just could use the refund to help pay her expenses!)

It sounds like the guy was right - the key is that you can't file for an ITIN once she's eligible for an SSN - which she isn't. So you can still file if you get the ITIN.

OK, looks like I will just file an extension and wait until she gets here. By the time I send her the forms for the ITIN, I get them back, the IRS generates the ITIN, I send Kathlene a copy of the tax form for her to sign, she mails it back to me, it is looking a LOT like summertime!

Hey, maybe when she DOES get her and I file then, we can use the refund for a short honeymoon!

BTW, the IRS guy said I COULDN'T file for an ITIN since she was getting a SSN when she arrives here in the US, so he was wrong pretty much all the way around!

Well a honeymoon sounds like a great idea Good luck with the rest of the process! I'm finishing off my I864 this week & hope to be able to send off my DS230 in the next week or two.

We decided to wait until I file 2006 taxes to file the I-184ez too. It's not a bad idea.

Hi,

She is not eligable for a ssn until she arrives in the us...thats the whole purpose behind the ITIN. You can email the w-7 and the 1040 to her have her sign the forms and send them to you...couple of weeks at best...we just did this....then you dont wait until the itin is issued...you send the w-7 along with your 1040 and the IRS does the rest. You should call the IRS back and ask to speak to someone in advanced tax law...don't know who you spoke to but that info is wrong...can't believe he actually said you couldnt file for an itin....lol...the whole purpose of that is because she doesnt have a ssn yet.

Jazzy

I wonder if it would be OK to go ahead and send them a copy of our 2006 tax form, w-2s, 1099s and all, even though they will get it before we file with the IRS. I know it would not be 'official' and I would go ahead and send in 2005 as well, but maybe it would give them an idea of my present income.

Or should I just include copies of 2006 w-2s and 1099 and that will be good enough. Maybe I worry too much as my joint-sponsor makes very good money as a chemist and is way over the 125% income level.

I may go ahead with the ITIN forms and send them to Kathlene with the completed tax form so we can go ahead and get that done and maybe the refund will come in time to help cover travel expenses.

Or perhaps me thinks too much!