Filing jointly

[The Mean Lady 604]

Also, PW3t stated they had zero income TOTAL.

In, that case, there would be no reason to issue an ITIN to the NRA because there's no benefit from it of any kind.

For you, your USC has income so you fiiiiine.

[The Mean Lady 604]

Bureaucracy. I know. Which is worse, the USCIS or the IRS? Anyone? Anyone? Didn't think so.

I waited on hold for less time with USCIS and didn't get hung up on.

I can count more times than fingers on my left hand that I would call them and get hung up on after 40 minutes of waiting.

I would call them from work and people would get mounds of entertainment from my talking to them.

They also change the rules with every phone call.

Half the people would talk to me regarding it, half of them wouldn't.

When one said 'sorry I can only give status to the ITIN applicant' I would hang up and do it all again.

One time, this lady wanted the name of my employer in 2009.

I gave it to her and she said it was incorrect and maybe they file under a different name.

My mom and I worked for the same company.

So I call over to her desk and I'm like 'yoyoma what did they file taxes under? I know it was something funny'

And IRS lady is all OMG NO NO NO I CANT HELP YOU NOW YOU CANT ASK HER!

And I'm like ####### lady I can't remember and we worked for the same place this is ridic

Hang up and start all over again.

[Pw3t 6]

Also, PW3t stated they had zero income TOTAL.

In, that case, there would be no reason to issue an ITIN to the NRA because there's no benefit from it of any kind.

For you, your USC has income so you fiiiiine.

Yes we got refused because there was no income, that's what their letter said. We wanted tax returns for the affidavit of support but then we found out that it was possible to order a tax transcript on which it's written that my husband didn't have to file for the year. Everything is so complicated !

[shira 4]

That is precisely what darnell suggested.

Also, no, a notarized birth certificate means nothing.

Because it insinuates that you're making a copy of the original and having a joe-schmo notary stamp it.

The original is the very first original document your parents signed in the hospital.

Good luck getting that in your hands, I don't think that's normal to give people.

Anytime you order a birth certificate from the county health dept/clerk/whatevs they give you a certified copy with fancy crimping stamps.

Your wife can go to the US embassy as darnell suggested and get a copy "notarizing" or "certified" by THEM.

Only they are allowed to do it.

Turned down for what?

My CAN husband is on my taxes with no income.

In China "notarial" documents are produced by government offices. So when I say a "notarial birth certificate," I mean an official Chinese government document. Because Chinese notarial offices are the ONLY source for this type of birth certificate, the document can be considered an "original" document or equally a "certified copy created by the issuing agency." The document isn't just notarized, it's also certified.

But I'd like to know if anyone has tried using a Chinese notarial birth certificate to obtain an ITIN.

Obviously, I could file separately, wait for my wife to immigrate, and then file an amended return using her SSN. But if I follow that route, can I still claim the foreign earned income exclusion for wages she earned in China in 2012? There's appears to be a weird IRS treatment for the foreign earned income exclusion, and if you claim the exclusion even a little late, I don't think you can get it. My wife's income, put on top of mine, but without the foreign earned income exclusion, would reduce the benefit of filing jointly.

By the way, I assume that if you apply for an ITIN, you have to wait to get the ITIN before you can file your state income tax return.

[speedwell 224]

Yes we got refused because there was no income, that's what their letter said. We wanted tax returns for the affidavit of support but then we found out that it was possible to order a tax transcript on which it's written that my husband didn't have to file for the year. Everything is so complicated !

Ugh, I am meeting with a CPA tomorrow. I could probably puzzle it out on my own but I have the new marriage AND income from selling an investment so I can PAY for all this immigration stuff, and if I don't play my cards exactly right I might have to make extra tax payments this year AND go on an installment plan. The BEST CASE SCENARIO is I ONLY owe about 800 dollars.

[The Mean Lady 604]

In China "notarial" documents are produced by government offices. So when I say a "notarial birth certificate," I mean an official Chinese government document. Because Chinese notarial offices are the ONLY source for this type of birth certificate, the document can be considered an "original" document or equally a "certified copy created by the issuing agency." The document isn't just notarized, it's also certified.

But I'd like to know if anyone has tried using a Chinese notarial birth certificate to obtain an ITIN.

Obviously, I could file separately, wait for my wife to immigrate, and then file an amended return using her SSN. But if I follow that route, can I still claim the foreign earned income exclusion for wages she earned in China in 2012? There's appears to be a weird IRS treatment for the foreign earned income exclusion, and if you claim the exclusion even a little late, I don't think you can get it. My wife's income, put on top of mine, but without the foreign earned income exclusion, would reduce the benefit of filing jointly.

By the way, I assume that if you apply for an ITIN, you have to wait to get the ITIN before you can file your state income tax return.

you file the itin paperwork WITH your return

[speedwell 224]

you file the itin paperwork WITH your return

That's true of the FEDERAL return. Is it also true of the state return? Should the OP file the federal return early to get a number for the state return, or does the state have a different policy? See, I don't know (there's no state income tax in Texas).

[shira 4]

you file the itin paperwork WITH your return

I understand that. But if the documentation I have available will not pass muster with the IRS (and they would reject the ITIN application), it might be better to initially file separately (and not apply for an ITIN), and then file an amended return - changing the filing status to "joint" - once my wife is here in the U.S. and has a SSN.

[The Mean Lady 604]

That's true of the FEDERAL return. Is it also true of the state return? Should the OP file the federal return early to get a number for the state return, or does the state have a different policy? See, I don't know (there's no state income tax in Texas).

file as separate and ammend or apply for extension

at the time, i filed single and then amended.

i also filed like two mos late trying to wait for it but it was denied so i just went single.

ps sorry i initially missed the word state

I understand that. But if the documentation I have available will not pass muster with the IRS (and they would reject the ITIN application), it might be better to initially file separately (and not apply for an ITIN), and then file an amended return - changing the filing status to "joint" - once my wife is here in the U.S. and has a SSN.

you can do that.

its your choice.

[Lee & Madel 0]

file as separate and ammend or apply for extension

at the time, i filed single and then amended.

i also filed like two mos late trying to wait for it but it was denied so i just went single.

ps sorry i initially missed the word state

you can do that.

its your choice.

My tax guy made a mistake and filed me " single " he was confused on filing for my spouse overseas. Do you think this will be a problem or red flags as far as our marriage? Should I apply for an ITIN # and amend my taxes before I send them to the NVC? Thanks!

[Lee & Madel 0]

My tax guy made a mistake and filed me " single " he was confused on filing for my spouse overseas. Do you think this will be a problem or red flags as far as our marriage? Should I apply for an ITIN # and amend my taxes before I send them to the NVC? Thanks!

Or do you think it is safe to send because they will be looking at my pay and see if I can support. I can have my tax guy write a notarized letter and attach to my 2012 taxes? Also a copy of our marriage certificate form the NSO in philippines?

[akingandqueen 0]

I want to file jointly too (gimme back my hard-earned money! ) but I'm worried about the process of getting an ITIN.

Instead, I'm thinking of getting an automatic 6-month extension on my taxes this year in order to wait for my wife's CR-1 process to finish (we're at the NVC stage right now, so hopefully another 3-4 months ought to be enough ). After she comes to USA and gets her SSN (hopefully 1 month after POE), I can then put her SSN directly on my tax forms and file jointly.

Would that work? Has anyone filed an extension for this purpose?

Edited February 8, 2013 by akingandqueen

[The Mean Lady 604]

My tax guy made a mistake and filed me " single " he was confused on filing for my spouse overseas. Do you think this will be a problem or red flags as far as our marriage? Should I apply for an ITIN # and amend my taxes before I send them to the NVC? Thanks!

You're best to amend them to single filing separately for the time being.

amend to joint later

I want to file jointly too (gimme back my hard-earned money! ) but I'm worried about the process of getting an ITIN.

Instead, I'm thinking of getting an automatic 6-month extension on my taxes this year in order to wait for my wife's CR-1 process to finish (we're at the NVC stage right now, so hopefully another 3-4 months ought to be enough ). After she comes to USA and gets her SSN (hopefully 1 month after POE), I can then put her SSN directly on my tax forms and file jointly.

Would that work? Has anyone filed an extension for this purpose?

According to others, you are still required to paper file with an election of claiming a NRA voluntarily

Edited February 8, 2013 by KDH

[rin and john 71]

1360300047[/url]' post='5967275']

I want to file jointly too (gimme back my hard-earned money! ) but I'm worried about the process of getting an ITIN.

Instead, I'm thinking of getting an automatic 6-month extension on my taxes this year in order to wait for my wife's CR-1 process to finish (we're at the NVC stage right now, so hopefully another 3-4 months ought to be enough ). After she comes to USA and gets her SSN (hopefully 1 month after POE), I can then put her SSN directly on my tax forms and file jointly.

Would that work? Has anyone filed an extension for this purpose?

It will work. I did it. First year did the ITIN. Second year did an extension and filed taxes in September after Rin had her EAD and SSN.

Edited February 8, 2013 by rin and john

[biaobiao 40]

Check to see whether your spouse, like mine, holds dual citizenship and two passports. We are filing immigration paperwork based on his being a UK citizen, and he is actually in the UK, so he needs to hang on to his UK passport. But we're sending his (original) Irish passport to the IRS! I've run this by three top-class CPAs, two of which handle immigrant cases, so I know it's a solid idea. They said it was "clever", lol.

i would like to ask if you have sent the original passport and if you have gotten it back already. thank you