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Tax Question Pertaining to Joint Return

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Filed: K-1 Visa Country: China
Timeline

My wife came to the U.S. on 12/13/11 from China on a k-1 visa. We got married on 12/30/11. Social Security wouldn't give her a Social Security No. when she arrived. We filed an I-485 & I-765 2 months ago and the applications seem to be going smoothly. (We had biometrics about 1 month ago.) I had planned on filing a joint return. However, someone with some experience in these matters said that he thought that the IRS would kick out the return if there was no Social Security No. but that once her 765 came through that we could elect to file a joint return. I am wondering if anyone else on the board has any knowledge on this issue. Thanks for any help that can be given.

JD

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Filed: Citizen (apr) Country: Jamaica
Timeline

She definitely needs a SS number. Tomorrow is the deadline. You may apply for an extention based on her pending EAD. But you need to do so before 4/17/12.

STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card

10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

Naturalization Process (5 Yrs Later) :goofy:

Mar 28, 2014 - Mailed N-400
Apr 08, 2014 - Check cashed
Apr 09, 2014 - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014 - Touched - Email - Biometrics letter mailed
May 08, 2014 - Biometrics done
May 12, 2014 - Touched - Email - In line for interview scheduling
July 12, 2014 - Pre-interview letter (Yellow letter) received in mail
Aug 20, 2014 - Touched - Email - Interview scheduled
Aug 25, 2014 - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014 - Touched - Email - In oath scheduling que
Oct 08, 2014 - Touched - Text - Oath ceremony scheduled
Oct 14, 2014 - Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014 - I AM A US CITIZEN! :joy: :joy: :joy:
Nov 12, 2014 - Updated my status from permanent resident to citizen at Social Security
Nov 14, 2014 - Applied for US passport
Nov 29, 2014 - Received US passport book
Dec 01, 2014 - Received Passport card
Dec 04, 2014 - Received Naturalization Certificate

--------------------
KayCee

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Filed: K-1 Visa Country: China
Timeline

Talk to your tax accountant for the best advice. I beleive you can get her a TIN# and file jointly with that - Good luck.

Met on line: 7-4-2007

Sent petition to Vermont Service Center on 8-11-2010

NOA1 VSC 8-27-10

NOA2 VSC 2-7-11

Interview 5-12-11

Approved 5-12-11

POE: LA/6-15-2011

Married 8-26-2011

AOS: Submitted 10-7-2011

AOS Interview: 2-23-2012 Approved

Green Card Recvd: 2-28-2012

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Filed: Country: Vietnam (no flag)
Timeline

My wife came to the U.S. on 12/13/11 from China on a k-1 visa. We got married on 12/30/11. Social Security wouldn't give her a Social Security No. when she arrived. We filed an I-485 & I-765 2 months ago and the applications seem to be going smoothly. (We had biometrics about 1 month ago.) I had planned on filing a joint return. However, someone with some experience in these matters said that he thought that the IRS would kick out the return if there was no Social Security No. but that once her 765 came through that we could elect to file a joint return. I am wondering if anyone else on the board has any knowledge on this issue. Thanks for any help that can be given.

JD

She needs a SSN to file a joint tax return with you.

Do not send in a joint return without a SSN. It will be rejected. The law requires all taxpayers to have either a SSN or ITIN.

It's too late to get an ITIN for your wife to file tomorrow, April 17th. There isn't enough time to get it.

Your best course of action is to file for an extension. You still need to pay any taxes owed, but you will have until Oct. 15, 2012, to file your completed joint tax return.

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You can file for an extension and get either an ITIN or wait till she can get the SSN (personally, I'd wait for that, it will probably be quicker at this point).

Or you can file married filing separately and write "NON RESIDENT ALIEN" in place of her social. You'd have to file a paper return to do that.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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

if you are due a refund, there are no penalties for late-filing. just remember that as yer planning stuff.

Sorry about not getting an SSN - it should have been dead easy on week 3 past the POE date.

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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