Jump to content
Mr Trav

Tax Filing with a pending case

4 posts in this topic

Recommended Posts

Hello all

So I am getting ready to file my taxes. I have my regular job income and my sideline 1099 independent contractor job. 

I did not make much as I relocated to the US after working n China for half the year, where I will qualify for my final FEIE (foreign income exclusion).

So I made 10k at my day job and 4k at my 1099.

 

My wife is still overseas waiting for her visa, IR1. We have always filed MFS  as she has no ssn.

I calculated I may owe in the area of 700-800 dollars if I file in April.

If I file a 6 month extension and wait for my wife to arrive (hopefully by summer) she gets a ssn my total owed after filing MFJ would drop to like 60 bucks.

 

Advice on this?

Share this post


Link to post
Share on other sites

Even if you file an extension, you are still required to pay any owed taxes by the ORIGINAL tax due date (mid April).


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
  • "..case ready to be scheduled for interview" on 5/29/2019
 

Share this post


Link to post
Share on other sites

Calculate what you think you will owe when you file jointly and pay that much in or even a little extra by the April deadline. 

 

But are you sure she will be here and have a SSN by summer. Your petition approval isn't even predicted until summer, then there's months to go after that before the visa. And things don't always happen as smoothly as you hope.

 

Other options:

  • File MFS and later do a 1040X to correct to MFJ. You'll get a refund.
  • Get her actual passport so you can apply for her ITIN. You do a joint return and application for the ITIN and mail both to be processed at the IRS facility in Austin, TX. They process the ITIN, mail her passport back to you, then process the joint return. You would also need to include in your filing, the statement electing for her to be treated as a resident alien for tax purposes. 

Getting an ITIN is covered on the IRS website. It's a bit complicated when she isn't here.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...