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AD123

I-864 tax return that is completed, but not yet filed

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Does anybody have experience sending in tax returns that have not yet been filed with the IRS?  I would like to include my 2019 return, as my 2018 return does not meet the minimum income threshold.  However, I have not yet been able to send the 2019 return to the IRS because we are waiting to obtain a certified copy of my husband's passport (to file for an ITIN) and the offices are closed due to COVID-19.  Will the completed 2019 tax return work, provided I send my W-2 and an explanation letter stating that we have not yet sent it in to the IRS?

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Filed: F-2A Visa Country: Nepal
Timeline

I doubt that will work. Until filed it’s not a tax return, it’s just a form filled with numbers and words.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: F-2A Visa Country: Guatemala
Timeline
15 hours ago, AD123 said:

Does anybody have experience sending in tax returns that have not yet been filed with the IRS?  I would like to include my 2019 return, as my 2018 return does not meet the minimum income threshold.  However, I have not yet been able to send the 2019 return to the IRS because we are waiting to obtain a certified copy of my husband's passport (to file for an ITIN) and the offices are closed due to COVID-19.  Will the completed 2019 tax return work, provided I send my W-2 and an explanation letter stating that we have not yet sent it in to the IRS?

is MFJ is the route you want to take? you could do MFS (best way to go).

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Filed: F-2A Visa Country: Nepal
Timeline
23 minutes ago, AD123 said:

Thanks for the suggestion! I might end up going that way, but it would be a shame to miss out on the tax break.

You wouldn’t be losing the tax break. After your spouse immigrates and have SSN, you can amend the tax return for 2019 from MFS to MFJ and will get the good return at that time. 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
23 minutes ago, AD123 said:

Thanks for the suggestion! I might end up going that way, but it would be a shame to miss out on the tax break.

You can amend as MFJ once your husband gets his SSN! We filed for the ITIN (my accountant did it incorrectly and sent the paper work for it without my tax return) but then realized that it's probably never going to arrive due to covid. So we ended up filing MFS and will amend once he gets here!

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I went to the local IRS office back in early February to get my husband's passport verified while he was visiting and to apply for a ITN.  We had to submit our tax return at the same time.  I got the ITN mid March and nothing yet on my tax return.  I read that the IRS stopped processing paper returns due to the corononavirus and will begin again when processing centers reopen.  They also said not to file electronically if you already filed a paper tax return.  So much for trying to file early this year. 😔

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