W7/ITIN

[shippingforecast 126]

Okay, so I'm officially stupid.

Trying to be preemptive, I began to fill out the AOS documentation for my USC wife, as she prepares to stay away from paperwork. I completed as much as possible and then sent it across for her to fill in the gaps. I know she needs her three most recent tax returns (but should only send the most recent) and proof of employment, and that her earnings should equate to 125% of the current poverty line.

My problem is that on her most recent tax return filed within the past month or so she marked herself as single as I don't have a SSN. I know I need to fill out a W7 to obtain an ITIN, and that she should then be able to amend her return and file as married.

My concern is this may take longer than we can wait as I'm due to be made redundant in September. So my questions is; can we submit her most return tax return, unamended, with a cover letter/copy of a letter to the IRS to show we made that mistake and are having it amended, so we don't have to wait around for that to happen and can file our AOS as soon as possible? I know that at that point, the NVC will only be concerned about whether she can financially support me but I know that filing her taxes as single could proof pretty harmful later on at the interview stage.

Thanks for your help, as always.

[NikLR 13,232]

It's really not that big of an issue, especially with the London embassy. If you were from a high fraud country it would be a bigger issue.

BTW she CAN file as MFS without an SSN or ITIN. She just needs to hand write NRA in the spousal SSN spot after printing and mail it off. Most people don't want to do that for some odd reason. Tax preparers hate doing it because they can't use their software.

[Nich-Nick 3,354]

She could have filed Married Filing Separately. Her taxes will be higher but single is not an option if she was married during 2013. It's pretty complicated at this point to get you an itin because it requires your actual passport to be mailed off. She can amend to include you once you get here and get a SSN. Easier that way.

I doubt it will be a problem with London. If they bother to notice her filing status, tell them the story and she is amending after you get here. They aren't the IRS, so won't be enforcing tax filing nuances. Just my opinion.

[shippingforecast 126]

Thanks for your help guys, as always, it's appreciated.

For some reason, filing as single has affected her position at college and so, I'll have to amend it anyway so she can attend school - looks like I can visit a tax office here and hand in my passport, I'll get it back straightaway. I was just worried in case it affected approval/denial of the Visa, but having a look through other threads it doesn't appear that it ever has. I can sleep a little easier now!

Nich-Nick, looks like I'm headed to the same part of Texas as yourself as my wife is from Baytown - how are you finding it out there?