Now married but what tax do you file when spouse is in visa provess

[kisha12 0]

Well, I am a USC and I am at NVC stage to be reunited with my spouse and my child, but the new question is now, how do you file your 2013 tax status in this sort of situation? I am expecting the interview to take place sometime on April, 2013. But the fact that my child and my alien spouse live overseas, and yet to have social security number just make me think to file married separately? But I don't know if it is even possible? Moreover, I sent my 2010, and 2009 IRS tax transcripts in early January 2013. Moreover, I wanted to file my 2012 tax soon in order to have my transcript ready in case the CO asks for it during the interview since I have yet to file my 2013 tax return? I just want to be proactive and my spouse to have my 2012 IRS tax transcript in hand before the interview? I just wonder if anyone knows or have gone through this route before?

Edited January 20, 2013 by kisha12

[Saylin 1,605]

Well, I am a USC and I am at NVC stage to be reunited with my spouse and my child, but the new question is now, how do you file your 2013 tax status in this sort of situation? I am expecting the interview to take place sometime on April, 2013. But the fact that my child and my alien spouse live overseas, and yet to have social security number just make me think to file married separately? But I don't know if it is even possible? Moreover, I sent my 2010, and 2009 IRS tax transcripts in early January 2013. Moreover, I wanted to file my 2012 tax soon in order to have my transcript ready in case the CO asks for it during the interview since I have yet to file my 2013 tax return? I just want to be proactive and my spouse to have my 2012 IRS tax transcript in hand before the interview? I just wonder if anyone knows or have gone through this route before?

You can either file 'Married Filing Separately' and just write NRA (Non-Resident Alien) in the SSN field for the spouse or you can file 'Married Filing Jointly' and apply for an ITIN. In 2011, my husband and I did the latter.

[kisha12 0]

You can either file 'Married Filing Separately' and just write NRA (Non-Resident Alien) in the SSN field for the spouse or you can file 'Married Filing Jointly' and apply for an ITIN. In 2011, my husband and I did the latter.

Thank you, Saylin. Thanks to you I come to learn what "ITIN" is all about. I think you are right, I might need to file "married filing jointly", but I wonder how long does it take to get "ITIN" though? I have to have the IRS transcript by the end of April or early May, if possible, in hand in case the co ask for it during interview?

Edited January 20, 2013 by kisha12

[Saylin 1,605]

Thank you, Saylin. Thanks to you I come to learn what "ITIN" is all about. I think you are right, I might need to file "married filing jointly", but I wonder how long does it take to get "ITIN" though? I have to have the IRS transcript by the end of April or early May, if possible, in hand in case the co ask for it during interview?

If you can file relatively soon, then you should have everything by the interview. My husband filed a joint tax return with the W7 mid-March. And he had his tax transcript by the end of April, just in time for my interview at the beginning of May. So, it took less than 2 months for our case.

[kisha12 0]

If you can file relatively soon, then you should have everything by the interview. My husband filed a joint tax return with the W7 mid-March. And he had his tax transcript by the end of April, just in time for my interview at the beginning of May. So, it took less than 2 months for our case.

Thank you, you have been a great help. I will do just that soon.

[The Mean Lady 604]

The first attempt at an ITIN took 3 months and was finally denied in the end (for stupid reasons)

The second time was about 10 weeks and was approved.

[Saylin 1,605]

The first attempt at an ITIN took 3 months and was finally denied in the end (for stupid reasons)

The second time was about 10 weeks and was approved.

Ouch... I'm glad mine didn't take long at all and had no problems...

[kisha12 0]

Saylin, sorry for my ignorance, but is it possible to claim my child as dependent without social security or I need to apply for "ITIN" even for my child as well in place of social security number? Once again, sorry for my ignorance.

Edited January 20, 2013 by kisha12

[Saylin 1,605]

Saylin, sorry for my ignorance, but is it possible to claim my child as dependent without social security or I need to apply for "ITIN" even for my child as well in place of social security number? Once again, sorry for my ignorance.

Is your child a USC?

[kisha12 0]

The first attempt at an ITIN took 3 months and was finally denied in the end (for stupid reasons)

The second time was about 10 weeks and was approved.

That scare the heck out of me. That's way too long, at least for my situation. Maybe filing married and separately is a bit safer becuase time is the essence since I my spouse got to have 2012 tax transcript by the end of April. Better I leave no room for visa denial ground.

Edited January 20, 2013 by kisha12

[speedwell 224]

If the interview is in mid to late April, do you have to request a transcript of the 2012 taxes, or can you just bring in a copy of the tax paperwork that the USC filed?

[kisha12 0]

Is your child a USC?

Not yet. The status is, a child of USC/I130, and according "the child act...law" my child will be a USC as soon as make it to USA.

Edited January 20, 2013 by kisha12

[Saylin 1,605]

Not yet. The status is, a child of USC/I130, and according "the child act...law" my child will be a USC as soon as make it to USA.

I'm not 100% on this as I don't have any children, nor have I done the research (perhaps you should), but I believe that yes, the child will need an ITIN as well if you file MFJ.

[The Mean Lady 604]

if you dont want to deal w itins and your child and a possible wait then just do married separate and file an amended return later when everyone has a ssn.

if you want to do join then

alternatively you can file the itin and just bring the copies of your return and w2 to your interview.

i really have no clue what to do about your child.

but be aware no matter which way you file you wont be able to order a transcript until after april 15

personally at this point i suggest NOT filing an itin so you dont cause any confusion getting the ssn.

filing an amendment is so much easier since you wont need to get certified copies of your passport from the issuing agency for the itin paperwork

[kisha12 0]

if you dont want to deal w itins and your child and a possible wait then just do married separate and file an amended return later when everyone has a ssn.

if you want to do join then

alternatively you can file the itin and just bring the copies of your return and w2 to your interview.

i really have no clue what to do about your child.

but be aware no matter which way you file you wont be able to order a transcript until after april 15

personally at this point i suggest NOT filing an itin so you dont cause any confusion getting the ssn.

filing an amendment is so much easier since you wont need to get certified copies of your passport from the issuing agency for the itin paperwork

'

Thank you, KDH. I had enough confusion, and adding more confusion and delay at this stage to my case is the last thing I wanted to do. So, you are right, 'filing married separately' now and later on filing an amended return as you have suggested sounds a safe route. Thank you all! What a great community!!!!!!!

Edited January 21, 2013 by kisha12