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Bert&Jie Lin

2009 Taxes - married Filing Jointly

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Filed: K-1 Visa Country: China
Timeline

There's a lot of great information here on the subject and I want to make sure that I understand everything correctly.

My then fiancee came over on a fiancee visa in July, 2009. We were married nearly 3 months later. A little over a month after we were married, she had to make an emergency return to her home country. She is still there and won't likely return anytime soon as I will be joining her there. She has no income for 2009.

It appears that we can file jointly, but we must submit a letter signed by both of us saying that we wish her to be treated as a resident for tax purposes. We will have to apply for an ITIN (never got a SSN as part of the fiancee visa). Does that sound correct? I'm using TurboTax. It asks about residency for a full or partial year. Should I say it was for a full year or a partial year? I know the answer seems obvious, but I am never sure with the IRS.

TIA

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You can't e-file if your spouse does not have a SSN.


OUR JOURNEY SO FAR: (dd/mm/yyyy)

18/09/09 - CR1 NOA1

16/07/10 - POE LAX (256 days NOA1 to interview)

27/09/10 - Aussie/American bun in the oven due May 10, 2011

06/01/11 - Submitted change of address online to USCIS. Mailed I-865 for sponsor. Neverending!

05/05/11 - Bouncing baby boy arrives

10/07/12 - Sent I-751

13/07/12 - I-751 NOA1

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You will have to paper file and the deal with the ITIN, it will be a PITA to do it in time for the deadline. I would file single and then ammend it later...(i read you have 3 years to ammend a return)

I was going to apply for an ITIN for my wife, but hopefully she will be here in May. I was able to file Head of Household because of my qualifying daughter. I will just ammend my return when my wife has her SSN.


For our Full timeline

event.png

Removal of conditions Journey

16 March 2012 Sent I-751 package from Aviano AB, Italy.

29 March 2012 Received everything back...wrong fee. thought we didn't have to pay biometrics since we were sending fingerprint cards and passport photos.

30 March 2012 Sent everything out again from Aviano AB, Italy.

10 April 2012 Check cashed

17 April 2012 Received NOA1 dated 6 April.

06 Dec 2012 Received 10 yr green card. Letter said it was approved 28 November 2012.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Ya - to use an ITIN, you have to apply for it - there's a W-7 document to be signed, along with some valid ID requirements.

No e-file for you, this year, sorry.

If you married in 2009, then you get full 'claiming' on yer spouse, regardless of where she is or what her income level is, IF

you handle the ITIN via W-7 form.

You'll need to 'paper file' all to the special postal address on the W-7 form.

Good Luck !


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: K-1 Visa Country: China
Timeline

Thanks, everybody! Once last question: for the W7, I must have a copy of my wife's passport notarized. I will be with her shortly in China. I would like to have it done there. I've heard that the IRS will and will not accept a copy notarized by the embassy. Anybody have the hard facts?

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Filed: Citizen (apr) Country: Thailand
Timeline

Thanks, everybody! Once last question: for the W7, I must have a copy of my wife's passport notarized. I will be with her shortly in China. I would like to have it done there. I've heard that the IRS will and will not accept a copy notarized by the embassy. Anybody have the hard facts?

For TY 2006, I got a copy of Rin's passport notarized at the embassy in Bangkok to submit with the W-7. It was accepted. Went to the ACS at the embassy and told them I needed it to file taxes. They knew what I was talking about.

John


K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

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