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Taxes for IR1 -- what to do?

By Springrain22 in IR-1 / CR-1 Spouse Visa Process & Procedures

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pushbrk Grand Master

pushbrk   12,144

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16 minutes ago, pghknr said:

Pushbrk, Since he has less Income in 2014 & 2015 - It won't help him right ( If CO Asks at Consulate?)

He already submitted  2016 Tax returns He should be fine.

Yes, that's what I meant and said.  Amending the return later is also quite common.

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nightingalejules
nightingalejules

It's no big deal that he only submitted one year. There might be a big deal in the fact that he filed as "single". While it means that you can't e-file with a non-resident spouse, you're still suppose

pghknr
pghknr

Even If you do not make Enough also Its better to Submit those years. But  it's Optional Not Require. How Many Months Paystubs you Submitted with current Employer

Springrain22
Springrain22

My wife is not in USA and has no ITIN or SSN. It's not possible to file as married without this data when filing electronically, this is what my accountant did. I should have filed as "married

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pghknr   14

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2 minutes ago, pushbrk said:

Yes, that's what I meant and said.  Amending the return later is also quite common.

He has to take 2014 & 2015 Tax Returns with him Right for Interview..If CO asks he should be able show if Not He is Luck..lol

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nightingalejules Proficient

nightingalejules   678

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It's no big deal that he only submitted one year. There might be a big deal in the fact that he filed as "single". While it means that you can't e-file with a non-resident spouse, you're still supposed to file as married. (Separately or jointly, but married.) It means you have to file by mail, since you have to write NRA (non-resident alien) on the forms, and that means you can't file online. 

The accountant made a mistake that is sometimes a very big deal. 

My advice, OP,  would be to amend your tax return to be "married filling separately" with NRA written in where it asks for "spouse's SSN or ITIN."

A lot of people make this mistake, and sometimes the interviewer doesn't care, but sometimes they do. Better safe than sorry. 

Married is married to the US government.

 

Is your timeline updated?


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pushbrk Grand Master

pushbrk   12,144

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8 hours ago, pghknr said:

He has to take 2014 & 2015 Tax Returns with him Right for Interview..If CO asks he should be able show if Not He is Luck..lol

No, he doesn't have to.  Where are you getting this?  Why would the CO want to see tax returns that won't help him make a decision.  He can see the numbers from them on the affidavit and knows the income those years didn't qualify.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Springrain22 Community Regular

Springrain22   427

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3 hours ago, nightingalejules said:

It's no big deal that he only submitted one year. There might be a big deal in the fact that he filed as "single". While it means that you can't e-file with a non-resident spouse, you're still supposed to file as married. (Separately or jointly, but married.) It means you have to file by mail, since you have to write NRA (non-resident alien) on the forms, and that means you can't file online. 

The accountant made a mistake that is sometimes a very big deal. 

My advice, OP,  would be to amend your tax return to be "married filling separately" with NRA written in where it asks for "spouse's SSN or ITIN."

A lot of people make this mistake, and sometimes the interviewer doesn't care, but sometimes they do. Better safe than sorry. 

Married is married to the US government.

Well, what should I do now? Do I need to submit it to NVC or we should bring it to the interview and present to CO if they ask? Amending takes time. Is it enough if we amend it (Form 1040x) and make a copy of the form and mailing receipt or we should also wait until IRS processes my amendment and then request new tax transcript?

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Ontarkie Grand Master

Ontarkie   13,920

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~~Duplicate thread merged. Please do not start more then one thread for the same or duplicate topic.~~

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Cathi   5,616

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17 hours ago, Springrain22 said:

My wife is not in USA and has no ITIN or SSN. It's not possible to file as married without this data when filing electronically, this is what my accountant did.

I should have filed as "married filling separately", she is not here and she is not working.

Not true, I filled married filing jointly before my husband arrived in the US, he didn't have an ITN or SS# either. You need to amend your taxes.


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Springrain22 Community Regular

Springrain22   427

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Just now, mimolicious said:

Not true, I filled married filing jointly before my husband arrived in the US, he didn't have an ITN or SS# either. You need to amend your taxes.

I have 2 years to amend it. However, is it enough to amend it now and have a copy of 1040x form with a copy of mailing receipt? Or I need to have new transcript at the time of the interview?

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pghknr   14

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2 hours ago, Springrain22 said:

I have 2 years to amend it. However, is it enough to amend it now and have a copy of 1040x form with a copy of mailing receipt? Or I need to have new transcript at the time of the interview?

1 year 2016 Tax Return with W2 will be fine

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Springrain22 Community Regular

Springrain22   427

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1 minute ago, pghknr said:

1 year 2016 Tax Return with W2 will be fine

I did not send W-2 because I sent tax transcript and W-2 is not required with tax transcript, it's required only with tax return.

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pghknr   14

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Just now, Springrain22 said:

I did not send W-2 because I sent tax transcript and W-2 is not required with tax transcript, it's required only with tax return.

Correct.. 1year transcript & Current Paystubs are fine

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Springrain22 Community Regular

Springrain22   427

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Just now, pghknr said:

Correct.. 1year transcript & Current Paystubs are fine

Why do I need to send current paystubs? I sent tax transcript and employer letter.

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