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Tax question (split topic)

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Hi Everyone,

Tax question!

I am a USC who married a Dominican Republic Spouse on 1/25/13. Now to report what happened last year on this years taxes.smile.png

He lives and works in the Dominican Republic (currently we have been waiting 9 mo's for I-130)

What do I file as?

My tax person is trying to make me file head of household and claim my son. My spouse lives abroad and has no SS# and we don't want to give up original passport and or Birth Certificate for W7 application process.

I though it was important for USCIS and NVC to see the status says married when they look at my taxes.

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Hi Everyone,

Tax question!

I am a USC who married a Dominican Republic Spouse on 1/25/13. Now to report what happened last year on this years taxes.smile.png

He lives and works in the Dominican Republic (currently we have been waiting 9 mo's for I-130)

What do I file as?

My tax person is trying to make me file head of household and claim my son. My spouse lives abroad and has no SS# and we don't want to give up original passport and or Birth Certificate for W7 application process.

I though it was important for USCIS and NVC to see the status says married when they look at my taxes.

Married filing separately or married filing jointly and put "NRA" for non-resident alien for the spouse's SSN. May not be able to file electronically, but if it means paying less in taxes who cares?!?! You may also be able to file as head of household if you qualify.

Good luck,

Dave

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

can no longer file MFJ WITHOUT the foreign spouse having a tax ID.

so, to put 'NRA' on MFJ won't work with the IRS.

[note -- this topic is not 'set' to give tax advice, we are discussing the merits and pitfalls of creating a new sub-forum to discuss tax issues]

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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Filed: Lift. Cond. (apr) Country: China
Timeline

Post split from unrelated thread.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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my apologies for posting my tax question in the wrong place.

So far I have gathered the MFJ and NRA in SS spot won't fly with the IRS. This is tough when how I file today affects my tomorrow. Thank you All for feedback and please tell me what forum to direct my questions because I know I am not alone.rose.gif

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Filed: Citizen (apr) Country: Russia
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Hi Everyone,

Tax question!

I am a USC who married a Dominican Republic Spouse on 1/25/13. Now to report what happened last year on this years taxes.smile.png

He lives and works in the Dominican Republic (currently we have been waiting 9 mo's for I-130)

What do I file as?

My tax person is trying to make me file head of household and claim my son. My spouse lives abroad and has no SS# and we don't want to give up original passport and or Birth Certificate for W7 application process.

I though it was important for USCIS and NVC to see the status says married when they look at my taxes.

Based on what you stated here I would agree with your tax person that you can file as Head of Household for 2013. Here is a link to a tax assistant that will help you determine your filing status. Be sure that when you are asked if you intend to file a joint return with your spouse that you answer "No":

http://www.irs.gov/uac/What-is-My-Filing-Status%3F

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Thank you. I thought NVC wanted to see married on my tax returns since I married in 2013.

I will review the link you provided. Seems like a hassle for the ITIN dealiediablo.gif

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Thank you. I thought NVC wanted to see married on my tax returns since I married in 2013.

I will review the link you provided. Seems like a hassle for the ITIN dealiediablo.gif

Hey Guys, It's like sooo me again. I found this definition on the IRS website. I pray NVC see's it the same as IRS when they review my taxes. Filing MFS costs me mucho to owe to IRS...

Nonresident alien spouse. You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household.
Choice to treat spouse as resident. You are considered married if you choose to treat your spouse as a resident alien. See chapter 1 of Publication 519.
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Filed: IR-1/CR-1 Visa Country: China
Timeline

sure, you two can elect to treat the foreign spouse as a resident alien for tax purposes,

in an instructional letter that you will write and the two of you will sign,

if'n you actually follow-through with a W-7 filed with a tax return (all paper, nothing electronic)

into the special ITIN INTAKE address listed in the W-7 instructions.

do this? can file MFJ.

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

ready by whom? here's a tip.

make 2 complete sets of the tax return, bring both to the IRS via walking, ask for the 'irs stamp' on both sets.

send off one* to NVC, let the IRS have the other one.

*after scanning it all to the computer.

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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