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cmhollis

Tax Question

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Hello Everyone,

I'm attempting to fill out my taxes and have a question regarding proper filing. We received NOA2 on March 11, 2015. Looking at the W-7 form it says to not fill that form out if the beneficiary is eligible for a SS#. Would us being at the NVC stage of the immigration process mean that we should not fill out a W-7, and file for an extension and submit taxes after she has received a SS#?

Thank you for your help!

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I think you should be able to do it either way. To me, the easiest would be to request an extension to file (which would not be an extension to pay) and get the SSN for your spouse, then file a joint return (if a joint return is what you two plan to do).

If you file the Form W-7, then you have to mail your paper form to Austin with the Form W-7 and get a certified copy of an identity document for your spouse. Normally, people chose to send a copy of the foreign passport because it establishes identity and foreign status. However, if you go with this option, you still need signatures and a notary public. Your spouse would, at this point, qualify for the exception "E" for the ITIN, but won't after they are admitted and given their SSN.

The easiest would be the first, but sometimes, it's worth jumping through all the hoops in getting the ITIN. After your spouse gets the SSN, the ITIN is invalid.




Signature coming soon...

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Thank you for your quick reply.

Would not having a 2014 Tax return delay the processing of her visa? Since most likely it would be after April 15th for the interview?


Thank you for your quick reply.

Would not having a 2014 Tax return delay the processing of her visa? Since most likely it would be after April 15th for the interview?

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Good question. I don't know, but I would include a copy of the Form 4868, or whatever form you use to request the extension to file. You may even be able to get the transcript and it show the request was accepted by the IRS to extend your filing of the tax return. You can include a statement that you intend to file your tax return when your love gets their SSN.

On the Form 4868, you should fill out the proper amount of tax liability (the amount of tax you will report on your return; not the amount of tax refund or tax due). You could even go the extra mile and fill out a 'proforma' tax return - one that you expect to be when you two file jointly. That way the officer can see that you intend to file all your income (that the wages and other income match your proforma) and what your tax liability will be and whether you will have a balance due or a refund reported on that return. You can explain that filing after the beneficiary gets their SSN saves you time, paperwork, and any tax accountant's fees!




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*** Thread moved from K-1 Process forum to the Tax & Finances forum. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Hello Everyone,

I'm attempting to fill out my taxes and have a question regarding proper filing. We received NOA2 on March 11, 2015. Looking at the W-7 form it says to not fill that form out if the beneficiary is eligible for a SS#. Would us being at the NVC stage of the immigration process mean that we should not fill out a W-7, and file for an extension and submit taxes after she has received a SS#?

Thank you for your help!

If the foreign spouse is not in the USA, then it's possible to file for an ITIN via form W-7 and do the tax return via paper, submitted to the special ITIN Intake address in Austin Texas, including a cover letter clearly stating that the two of you are electing for the foreign spouse to be treated as a resident alien for tax purposes.

Study IRS Form W-7 instructions, paying particular attention to the ID requirements.

I don't understand how the foreign spouse, currently, is eligible for a SSN as of 23 March 2015, since she's not in the USA, boots on the ground. Can explain how she is eligible, as of today? Sure, she's eligible later, but as of today? I'm a bit dense, and don't have clarity on her eligibility.

Edited by Darnell

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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Also, for more information, read Publication 519, on page 9:

http://www.irs.gov/pub/irs-pdf/p519.pdf

Darnell - I thought that cmhollis was meaning to get the SSN by the October 15, 2015 extended filing due date of the 2014 return - yes or no?

As long as they were married by at least the last day of 2014, and one spouse is a resident alien or US citizen, then the non-resident alien (NRA) spouse (beneficiary) should be able to file a joint 2014 return and treat the NRA as a resident for tax filing purposes only - yes or no?




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Amhara - yes, if and only if the W-7 form is filed alongside the 1040 and the cover letter I mentioned, to the IRS address in Austin Texas.

MFJ using 'NRA' in the ssn field? IRS won't accept it anymore.

ITIN usage required, alas. or MFS with 'NRA' is ok.


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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Darnell - (btw, that is my best friend's fiance's name!) If cmhollis' spouse were to get an SSN between today and, let's say, October 14th, do you think they would need an ITIN (if an extension to file was sent)?




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