Tax return

[Imigrant1974 3]

Thank you so much

[John & Rose 7,237]

On 3/10/2019 at 10:42 AM, suss6052 said:

For one there's the risk of their foreign spouse's passport being lost or mutilated in transit with out sufficient time to replace it before the interview should they choose to send the passport as part of the W7 filing for an ITIN along with their federal return.

 

You can always amend the return later and receive the remainder of any additional refund if due after they arrive in the USA and have an SSN. 

 

Using the free fillable forms for the IRS online you no longer have to mail in your federal tax return even if filing married filing separately, though you would have to work out how to paper file or e-file your state taxes, where as you would have to mail in your federal taxes along with the W7 form for the married filing jointly status, you also have to include their income in your return filing as you're treating the non resident alien as a resident for tax purposes.

 

The timing doesn't always work to allow for applying for a temporary ITIN depending on how far along into the process the couple is, especially if they are anywhere near ready to interview by tax time. 

 

We were already heading into the NVC phase when taxes are coming due, and at least in the Philippines it wasn't so easy to get a passport appointment for my wife so I decided it was best to file MFS then consider amending later once she gets here and has an SSN. 

 

But as always it's up to each couple to decide how they best want to proceed on that, however once married they have to use one of the married statuses to file unless they also qualify as head of household. 

 

There are also IRS acceptance agents in other countries.  They will verify the ID and citizenship and then they will help file the W7.

 

I sent in my wife's passport using USPS Priority.  I also included a prepaid USPS Priority return envelope so I can track when they send it and where it is.  They said they should have it for about a month then they send it back to me.  I will know more in a couple weeks.  

 

The couple has to already be married to file as married so the interview has nothing to do with it.  There is no requirement that the spouse ever live in the States.  You only have to be married.  They say it takes up to 11 weeks to get the number but the taxes are considered filed when they are postmarked.  Having my wife on my return gave me an extra $7700 in refunds.  It is worth it.

Edited March 12, 2019 by John & Rose

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration forum.