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Filing Married Joint for my taxes, will ITIN affect her petition?

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Hi everyone. I'm pretty much done with my taxes this year and I was going to file Married filing separately since our petition is still pending approval. I'm using TurboTax btw. However, doing so, I would owe a lot on my taxes. Now, I switched my filing status to Married filing jointly and I'm going to get a refund instead it seems. Now, this would mean I need to get an ITIN for my wife. She's not working right now and is studying part time. Would getting an ITIN for her affect our visa petition in anyway? Also for those who had filed before, how long does it take to get an ITIN? Thanks :)

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Hi everyone. I'm pretty much done with my taxes this year and I was going to file Married filing separately since our petition is still pending approval. I'm using TurboTax btw. However, doing so, I would owe a lot on my taxes. Now, I switched my filing status to Married filing jointly and I'm going to get a refund instead it seems. Now, this would mean I need to get an ITIN for my wife. She's not working right now and is studying part time. Would getting an ITIN for her affect our visa petition in anyway? Also for those who had filed before, how long does it take to get an ITIN? Thanks :)

Nope, getting an ITIN wouldn't affect the visa process at all. But doing taxes as Married Filing Jointly will be good proof of relationship evidence (compared to filing as single headbonk.gif).

For us, when we filed for an ITIN last year, my husband mailed off the tax package around the second week of March. It was processed and he received his refund around the third week of April, so just around a month, in our case.

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Also, I was looking at the W7 application and it looks like she needs to sign it and we need to provide proof of her ID and residence outside the US. Does she absolutely need to sign it? Can I sign it on her behalf? There isn't much time to send docs back and forth with April 15 looming over the horizon and I'd want to avoid having to file an extension if I can.

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

I read somewhere that if you are due a refund you don't need an extension only if you owe taxes, but I'm not sure is better to call the IRS or go to your local IRS office. You can complete the form, email it to her to sign and then she can mail it back to you along with her ID or Driver License and Birth Certificate, since they need to be notarized by a notary from the US or have her get them notarized in her country and they need to be apostille -well you can read this in the instructions (I just find it easier to get them notarized in US).

I sent my Tax Return and ITIN on March 5th, got the ITIN number March 26th, and according to the IRS -where's my refund, I should be getting it by MAY 1st, (this is a long wait, I wonder why)

USCIS
July 15, 2011 - NOA 1, Jan 24, 2012 - NOA 2

NVC
Feb 8, 2012 - NVC # & Invoice ID # Received
Feb 8, 2012 - Emailed NVC DS-3032 ( choice of agent ) Accepted!
Feb 9, 2012 - AOS Fee Paid
Feb 10, 2012 - AOS bill shows Paid :-)
Feb 10, 2012 - IV bill Paid (In Process)
Feb 14, 2012 - IV bill shows In Process, Fee was withdrawn from Bank Account. So,is PAID :-)
Feb 14, 2012 - IV bill shows Paid.
Feb 17, 2012 - AOS and IV Packages Sent to NVC, same envelope :-)
Feb 21, 2012 - AOS and IV Packages RECEIVED by NVC
Feb 24, 2012 - AOS Accepted.
Feb 24, 2012 - IV RFE "Original Marriage Certificate" It was included. Waiting for supervisor to review Marriage Certificate (10 - 15 days)
Mar 20, 2012 - RFE Sent
Mar 22, 2012 - CASE COMPLETE

Embassy ~ New Delhi
April 10, 2012 - Received Email, Interview Date: May 9th! Yeeey!
April 16, 2012 - Medical Exam
May 09, 2012 - INTERVIEW = AP
Jul 03, 2012 - Called DoS AP OVER, VFS's website says passport was handed over to Blue Dart, Waiting for delivery :-)

Jul 06, 2012 - VISA IN HAND (Visa was issued on July 2nd)

POE
Jul 17, 2012 - SAN DIEGO

July 28, 2012 - Welcome Letter Received
July 31, 2012 - Green Card Received
Aug. 01, 2012 - Applied for SSN
Aug. 07, 2012 - Received SSN Card :-) yeeeeeeey! Time to look for a job!

ROC I-751

May 08, 2014 - Sent I-751 to CSC

May 14, 2014 - NOA Received (Dated: 5/09/2014)

May 14, 2014 - Check Cashed

June 12, 2014 - Biometrics Appt.

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

married filing jointly is great fodder for the bonafide marriage evidence that yer submitting with the I-130.

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.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

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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Thanks for the info :) What do we need, aside from the W7 form, to apply for an ITIN?

You need to send in proof of her identity and such. Read the W7 instructions, it says what is needed.

Also, I was looking at the W7 application and it looks like she needs to sign it and we need to provide proof of her ID and residence outside the US. Does she absolutely need to sign it? Can I sign it on her behalf? There isn't much time to send docs back and forth with April 15 looming over the horizon and I'd want to avoid having to file an extension if I can.

It has to be her signature. You can't sign anything for another person unless they're a minor. Email her the necessary forms, have her sign it and then mail it. As for the deadline, all I can say is you really shouldn't have waited until the last second. You can always file for an extension if necessary.

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Hi everyone. I'm pretty much done with my taxes this year and I was going to file Married filing separately since our petition is still pending approval. I'm using TurboTax btw. However, doing so, I would owe a lot on my taxes. Now, I switched my filing status to Married filing jointly and I'm going to get a refund instead it seems. Now, this would mean I need to get an ITIN for my wife. She's not working right now and is studying part time. Would getting an ITIN for her affect our visa petition in anyway? Also for those who had filed before, how long does it take to get an ITIN? Thanks :)

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The IRS now allows the w-7 form to be attached to the filing of your tax return, so you dont need to wait for the ITIN to come in. In fact i think that is the preferred method. Download the w-7 instrutions and read the section regarding attaching the w-7 and where to send your tax return. Also with w-7, you may need to file 2555 form and you cannot efile the return.

I am in the same process of doing this for my tax return.

Good luck.

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I sent my Tax Return and ITIN on March 5th, got the ITIN number March 26th, and according to the IRS -where's my refund, I should be getting it by MAY 1st, (this is a long wait, I wonder why)

We were on almost exactly the same schedule as you for the ITIN, and "where's my refund" also said May 1st for me last week. Try checking again this week because I checked today, and it now says I should have my refund in my account tomorrow.

The IRS now allows the w-7 form to be attached to the filing of your tax return, so you dont need to wait for the ITIN to come in. In fact i think that is the preferred method.

Not just the preferred method; it is the ONLY method. Paper versions of 1040 and W7 mailed together to Austin, TX.

Edited by alizon
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Filed: IR-1/CR-1 Visa Country: China
Timeline

The IRS now allows the w-7 form to be attached to the filing of your tax return, so you dont need to wait for the ITIN to come in. In fact i think that is the preferred method. Download the w-7 instrutions and read the section regarding attaching the w-7 and where to send your tax return. Also with w-7, you may need to file 2555 form and you cannot efile the return.

I am in the same process of doing this for my tax return.

Good luck.

wow - such language !

'now allows'

'wait for the itin'

aiyo.

In fact, the ONLY way to get an ITIN is TO FILE A TAX RETURN. (well, for those with foreign spouses. other foreign entities can still get them, but there's a lot of income involved)

Cannot apply seperately for an ITIN anymore, alas.

You can compare the instructions on the last 3 versions, and catch that.

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.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

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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Thanks for everyone's response. As for the W7, does it have to be an original copy with her original signature or can we use a scanned copy sent via email?

Original form, original signature.

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

We were on almost exactly the same schedule as you for the ITIN, and "where's my refund" also said May 1st for me last week. Try checking again this week because I checked today, and it now says I should have my refund in my account tomorrow.

Yeeey! I just checked and it says April 6. Thanks.

USCIS
July 15, 2011 - NOA 1, Jan 24, 2012 - NOA 2

NVC
Feb 8, 2012 - NVC # & Invoice ID # Received
Feb 8, 2012 - Emailed NVC DS-3032 ( choice of agent ) Accepted!
Feb 9, 2012 - AOS Fee Paid
Feb 10, 2012 - AOS bill shows Paid :-)
Feb 10, 2012 - IV bill Paid (In Process)
Feb 14, 2012 - IV bill shows In Process, Fee was withdrawn from Bank Account. So,is PAID :-)
Feb 14, 2012 - IV bill shows Paid.
Feb 17, 2012 - AOS and IV Packages Sent to NVC, same envelope :-)
Feb 21, 2012 - AOS and IV Packages RECEIVED by NVC
Feb 24, 2012 - AOS Accepted.
Feb 24, 2012 - IV RFE "Original Marriage Certificate" It was included. Waiting for supervisor to review Marriage Certificate (10 - 15 days)
Mar 20, 2012 - RFE Sent
Mar 22, 2012 - CASE COMPLETE

Embassy ~ New Delhi
April 10, 2012 - Received Email, Interview Date: May 9th! Yeeey!
April 16, 2012 - Medical Exam
May 09, 2012 - INTERVIEW = AP
Jul 03, 2012 - Called DoS AP OVER, VFS's website says passport was handed over to Blue Dart, Waiting for delivery :-)

Jul 06, 2012 - VISA IN HAND (Visa was issued on July 2nd)

POE
Jul 17, 2012 - SAN DIEGO

July 28, 2012 - Welcome Letter Received
July 31, 2012 - Green Card Received
Aug. 01, 2012 - Applied for SSN
Aug. 07, 2012 - Received SSN Card :-) yeeeeeeey! Time to look for a job!

ROC I-751

May 08, 2014 - Sent I-751 to CSC

May 14, 2014 - NOA Received (Dated: 5/09/2014)

May 14, 2014 - Check Cashed

June 12, 2014 - Biometrics Appt.

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