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Mr Er

2010 Tax Return - Extension or Ammendment

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

Guys,

Looks like there is slim chance to get my wife here in USA before Apr-2011 and I have to think about 2010 Tax Return.

People in the similar situation as me have 2 options to file their Tax

(1) File the tax return using Single or Head of Household by now and then file ammendment when the spouce comes to USA and get SSN.

(2) Apply for tax return filing extension and then file tax return along with spouce's SSN (Married Filing Jointly)if he/she comes in USA before October 2011, otherwise file using Single or Head of Household status in October 2010.

What can be the best and convinient option for us?

<<<< Isnt't it a fraud if we file as Single status even if we are married because of unavailability of SSN or ITIN of spouce? >>>>

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Guys,

Looks like there is slim chance to get my wife here in USA before Apr-2011 and I have to think about 2010 Tax Return.

People in the similar situation as me have 2 options to file their Tax

(1) File the tax return using Single or Head of Household by now and then file ammendment when the spouce comes to USA and get SSN.

(2) Apply for tax return filing extension and then file tax return along with spouce's SSN (Married Filing Jointly)if he/she comes in USA before October 2011, otherwise file using Single or Head of Household status in October 2010.

What can be the best and convinient option for us?

<<<< Isnt't it a fraud if we file as Single status even if we are married because of unavailability of SSN or ITIN of spouce? >>>>

File for an amendment and when she comes file married filing joint.

If you file single or head of household when you arent then you can be fined and its illegal.

You are married so file as married.


03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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Guys,

Looks like there is slim chance to get my wife here in USA before Apr-2011 and I have to think about 2010 Tax Return.

People in the similar situation as me have 2 options to file their Tax

(1) File the tax return using Single or Head of Household by now and then file ammendment when the spouce comes to USA and get SSN.

(2) Apply for tax return filing extension and then file tax return along with spouce's SSN (Married Filing Jointly)if he/she comes in USA before October 2011, otherwise file using Single or Head of Household status in October 2010.

What can be the best and convinient option for us?

<<<< Isnt't it a fraud if we file as Single status even if we are married because of unavailability of SSN or ITIN of spouce? >>>>

File for an amendment and when she comes file married filing joint.

If you file single or head of household when you arent then you can be fined and its illegal.

You are married so file as married.


03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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Filed: Citizen (apr) Country: Mexico
Timeline

For what it is worth, if you are using TurboTax and you answer the question: "One of us was a US citizen or resident alien and the other was a nonresident alien or dual status alien" it recommends filing as single. It is not fraud, and you have three years to amend the return once your spouse is here and has a SS#.

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Filed: IR-2 Country: China
Timeline

You should file as Married Filing Seperately, if filing single the VO could use this against you for Bonafide Marriage and also be considered Tax fraud.

When she arrives and gets her SSN then file the 1040X to amend your 2010 to Married Filing Jointly and get your big return back. Also when filing the Amendment you can use the 2555 and 1 time exclusion of foreign income.

Edited by dan_ling

07/07/09 : Married

08/18/09: I-130 Sent to Chicago

08/20/09: I-130 Received by USCIS

08/25/09: NOA1

09/22/09: NOA2

10/05/09: Received case# and gave emails

10/07/09: Received DS-3032 and AOS email

10/09/09: Sent DS-3032 email to optin electronic filing

10/15/09: Paid both AOS & IV fees

10/16/09: Received email electronic filing accepted

10/18/09: Sent AOS via email

10/23/09: Received email that AOS was accepted and waiting for IV

10/27/09: Sent IV via email

11/10/09: Signon to payment failure

11/19/09: Received email for interview - December 14th

12/14/09: Approved for Visa

12/16/09: Received Visa

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

You should file as Married Filing Seperately, if filing single the VO could use this against you for Bonafide Marriage and also be considered Tax fraud.

When she arrives and gets her SSN then file the 1040X to amend your 2010 to Married Filing Jointly and get your big return back. Also when filing the Amendment you can use the 2555 and 1 time exclusion of foreign income.

I think I can not use Married filing seperately, since in that also IRS asks for spouce's SSN

Is there any drawback in filing for an extension ?

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I think I can not use Married filing seperately, since in that also IRS asks for spouce's SSN

Is there any drawback in filing for an extension ?

For married filing separately, you can put NR or NRA (for non-resident alien) in the SSN field. But you have to fill it out by hand, not online. You only need an ITIN if you do married filing jointly. I just talked about it this week with someone at the IRS.

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You will need an ITIN or SSN to file for an extension too. I was going to do that, but I ended up filing HOH (because I qualified for that) and just ammended my return the end of October 2010. It all depends on how much you can use your refund if you will be getting one. I found it easiest just to file and ammend later.


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: Timeline

Does anyone fully understand how this ITIN stuff works? Obviously, I'm in the same boat as many of you and wondering WTH do I do? Seems like the best way is to fill as married and include W7 form with the return. Now, I don't fully understand if this is all it takes? IRS website is confusing saying that "If you qualify for an ITIN and your application is complete, you will receive a letter from the IRS assigning your tax identification number, usually within six weeks." So what do I do with this number when I get it? Tax return should be already submitted with W7 form which is the application for ITIN. I'm totally confused. :bonk:

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Does anyone fully understand how this ITIN stuff works? Obviously, I'm in the same boat as many of you and wondering WTH do I do? Seems like the best way is to fill as married and include W7 form with the return. Now, I don't fully understand if this is all it takes? IRS website is confusing saying that "If you qualify for an ITIN and your application is complete, you will receive a letter from the IRS assigning your tax identification number, usually within six weeks." So what do I do with this number when I get it? Tax return should be already submitted with W7 form which is the application for ITIN. I'm totally confused. :bonk:

Ok, hopefully I can help you to understand this.

If you file 'married filing jointly', you attach a filled out W7 to the front of your filled out 1040. Don't forget to have your spouse sign the W7 and the 1040, their signature is required and your signature is required only on the 1040. You then mail it to a special address. The IRS will assign a number and then mail it off to another department to finish with the 1040. During tax season, it then can take 8-10 weeks to get your refund.

If you file 'married filing separately', you do NOT need an ITIN. You just have to write in 'NR' or 'NRA' (for Non-Resident Alien) in the SSN field on the 1040 when it asks for your spouse's information. Also, the spouse doesn't need to sign anything, you just need to sign the 1040.

In both cases, you'll have to fill it out by hand.

I had an hour long discussion with an IRS agent all about this on Wednesday.

Edited by Saylin

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Filed: Timeline

Ok, hopefully I can help you to understand this.

If you file 'married filing jointly', you attach a filled out W7 to the front of your filled out 1040. Don't forget to have your spouse sign the W7 and the 1040, their signature is required and your signature is required only on the 1040. You then mail it to a special address. The IRS will assign a number and then mail it off to another department to finish with the 1040. During tax season, it then can take 8-10 weeks to get your refund.

If you file 'married filing separately', you do NOT need an ITIN. You just have to write in 'NR' or 'NRA' (for Non-Resident Alien) in the SSN field on the 1040 when it asks for your spouse's information. Also, the spouse doesn't need to sign anything, you just need to sign the 1040.

In both cases, you'll have to fill it out by hand.

I had an hour long discussion with an IRS agent all about this on Wednesday.

Thanks! I still don't understand the purpose of ITIN number, and why it's saying that I'll get it in 6-8 weeks. Also, what if she's not able to sign these documents since she's obviously not in the US?

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No, but you will have to have her sign it and send it to you. That is why it is such a PITA and most people just file single or HOH if they can.

You need to send all paperwork in and they will accept your filing...then after it is processed, they will send you the ITIN. It will only be useful if your wife is not in the US for next tax year.

Edited by Scott and Mhay

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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Thanks! I still don't understand the purpose of ITIN number, and why it's saying that I'll get it in 6-8 weeks. Also, what if she's not able to sign these documents since she's obviously not in the US?

When filing taxes in the USA, you need a tax ID, and for those that don't have an SSN, the ITIN is a substitute. It takes longer for those applying for an ITIN than those just filing regularly cause there's an extra step involved., thus 6-8 week wait (or more during tax season). The only thing you'll be getting in the mail is your refund, along with a paper I'm presuming stating what the ITIN for your spouse will be. After sending in the 1040 with the W7, you don't have to do anything else except cash in your refund ;)

Have your spouse fill out the W7 with her information, have them sign it, and then mail it to you. Or if one of you visits each other, get it then.

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

When filing taxes in the USA, you need a tax ID, and for those that don't have an SSN, the ITIN is a substitute. It takes longer for those applying for an ITIN than those just filing regularly cause there's an extra step involved., thus 6-8 week wait (or more during tax season). The only thing you'll be getting in the mail is your refund, along with a paper I'm presuming stating what the ITIN for your spouse will be. After sending in the 1040 with the W7, you don't have to do anything else except cash in your refund ;)

Have your spouse fill out the W7 with her information, have them sign it, and then mail it to you. Or if one of you visits each other, get it then.

What I got today is

(1) You can get ITIN only when you file the tax return (so it will be during the tax season mostly)

(2) You do not need to have ITIN or SSN of spouce to file automatic extension, you can write "ITIN TO BE REQUESTED" in the field of spouce's SSN

(3) I believe you can ammend tax return if you wish to add another dependant (typically spouce is not a dependant) or make a correction (we can fall in this catagory)

(4) But if you file as Married filing seperately and then ammend it, IRS may and may not impose minor penalty on your refund (because your spouce did not file an extension of return for the year 2010 and you are treating him/her as a resident alien in your ammendment, which can be simply understood as your spouce just missed to file a return for 2010)

(5) What I found best thing to do at this time is to file an extension, and write "ITIN TO BE REQUESTED" in the field of spouce's SSN, and you will need original documents of your spouce (birth cert., school record, marriage cert. etc.) for NVC purpose here, so you will get those documents from your spouce anyway, and then file a tax return along with W7 in person at IRS local office. They will make copeis of those docs and return back to you immidietely, and you will be able to file as per MARRIED FILING JOINTLY.... (which ensures maximum refund and no penalty)

(6) Filing as Single or HOH now and then ammend it later can be brutal if US embassy abroad asks for latest tax return of 2010....

how this sounds?

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