Jump to content

6 posts in this topic

Recommended Posts

I'm starting this thread about taxes and filing jointly while waiting for visa approval.

Hopefully this will help someone.

My husband and I were married on December 1, 2014. If you are married one day in the calendar year for which you are filing taxes, you must file married.

Deciding married joint or separate: In our case, filing married separate would have caused me to owe. Filing married joint gave us a return .

You CAN file married joint even if your spouse is not yet in the U.S. and has not yet received their visa.

In order to file taxes in the U.S. - you either need a Social Security number or a T I N number. A TIN number is an identification number the IRS gives to a non-resident alien for tax purposes ONLY.

To file jointly, your non-resident alien spouse must sign an affidavit that they would like to be treated as a US citizen for tax purposes only. The US spouse agrees to pay the worldwide tax for their non-alien resident spouse. Because my husband, who is from the Dominican Republic, did not have a large income - the tax I paid for his wages was minimal. When I say the tax I paid I don't mean a physical payment of money. On my tax return we simply added my wages plus his wages and I adjusted my taxes on both combined.

How to apply for a TIN and file joint:

Step one: complete your tax return. Include your alien spouses wages. Include an affidavit from your spouse stating that he or she wishes to be treated as a US citizen for tax purposes only. You will be filing a paper return.

Step two: Download the W7 form from the IRS webpage. Complete the form and attach your completed tax return. Your Alien spouse must sign the W7 form.

Step three: go to an IRS walk in center. Bring the signed W7 form, the paper copy of your IRS return (that includes the affidavit from your spouse) and your alien spouse's passport.

Step four: The IRS walk in center will receive your W7, tax return and alien spouses passport. They will file the documents together as a package.

Receiving TIN #: Within 4 to 7 weeks you will receive your alien spouses TIN number. Separately (within one week) you will receive the original passport in the mail .

Tax Return: After your TIN number has been assigned, the IRS will automatically file your return on your behalf. Once approved you should receive your return within 4 to 6 weeks.

Note: if your alien spouse is in the US - he or she can go with you to the IRS walk in center and present his passport in person. They will make a copy and return it to your spouse immediately.

Wish you well.

Share this post


Link to post
Share on other sites

I'm starting this thread about taxes and filing jointly while waiting for visa approval.

Hopefully this will help someone.

My husband and I were married on December 1, 2014. If you are married one day in the calendar year for which you are filing taxes, you must file married.

Not exactly. It's your marital status on December 31st of that year that counts. You could be married in March and divorced in October, then you must file as single/head of household (if qualified) for that tax year.

You can also provide a certified copy of your passport with the W7; certified by the issuing organization. This may or may not be an issue depending on the country the applicant is from. Seems this is the hurdle that prevents many from filing for the ITIN ... that, and waiting until the last minute to figure things out.

Spot on for everything else.

Share this post


Link to post
Share on other sites

Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration forum.


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*

 

Share this post


Link to post
Share on other sites

Thank you for your post. My fiancé will be in the US at the end of August and we will be getting married no later than October 24th. What is the process for her to file for a social security number? or does she need the TIN?

A K1 fiancé is eligible for a SSN. Go to a social security office shortly after she arrives and apply. She does not have to be married yet. Apply in her maiden name exactly as it is shown on her I-94 entry record. Change the name later. There is a guide for the details. Click the Guides tab in the menu bar and look in the right column.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Share this post


Link to post
Share on other sites

A K1 fiancé is eligible for a SSN. Go to a social security office shortly after she arrives and apply. She does not have to be married yet. Apply in her maiden name exactly as it is shown on her I-94 entry record. Change the name later. There is a guide for the details. Click the Guides tab in the menu bar and look in the right column.

Thank you for your response. It has been most helpful.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×