Filling Taxes MFJ and W-7

[GregandNatty 195]

My wife and I were married last year and we are at the NVC stage of the visa process.   I'm getting ready to file my tax return as married filing jointly, and found that I need to also send in form w-7 so she can get an ITIN.

 

As I read the instructions for form W-7, it says I need to send her actual passport.   This will be extremely difficult, if not impossible, right now due to the COVID-19 lockdowns. Moreover, I am concerned about having her DHL me her passport when we are at the NVC stage and who knows how long it would take to submit the form W-7 and then get her passport back and DHL it back to her in her home country.   I'm not sure how to provide the proof of identification the W-7 requires if you can't send a copy of her passport.   I'm not sure how one would even get a certified copy because her country, like most of us, is locked down. 

[Just Paul 4,591]

6 minutes ago, GregandNatty said:

As I read the instructions for form W-7, it says I need to send her actual passport.

That is correct. And there is no IRS International Acceptance Agent in Uganda.  She may be able to get a certified copy of the passport (bio page).  We were able to do that while we were in Hong Kong.  Not sure how to do it in Uganda.

 

You could file Married Filing Separately and the amend the return when she gets to the US.

[GregandNatty 195]

14 hours ago, Paul & Mary said:

That is correct. And there is no IRS International Acceptance Agent in Uganda.  She may be able to get a certified copy of the passport (bio page).  We were able to do that while we were in Hong Kong.  Not sure how to do it in Uganda.

 

You could file Married Filing Separately and the amend the return when she gets to the US.

Pretty unlikely she can get a certified copy of anything at the moment.   Uganda is locked down pretty solid with curfews and the like.  They aren't even allowed to move around in vehicles without a special permit. 

 

I'll figure out something.  I'd hoped to not have to make her DHL her passport to me, but that may be the only option. 

 

Who knows when she will actually be here in the US at this rate with COVID.  

Edited May 18, 2020 by GregandNatty

[Just Paul 4,591]

2 hours ago, GregandNatty said:

Pretty unlikely she can get a certified copy of anything at the moment.   Uganda is locked down pretty solid with curfews and the like.  They aren't even allowed to move around in vehicles without a special permit. 

 

I'll figure out something.  I'd hoped to not have to make her DHL her passport to me, but that may be the only option. 

 

Who knows when she will actually be here in the US at this rate with COVID.  

Honestly I'd just file MFS and amend it later.  A bunch of folks that I know have done that just to get it done.   You will have to list her SSN as NRA.

[GregandNatty 195]

39 minutes ago, Paul & Mary said:

Honestly I'd just file MFS and amend it later.  A bunch of folks that I know have done that just to get it done.   You will have to list her SSN as NRA.

 

MFS has fairly significant tax implications for me in terms of owing quite a bit more money, but may be the only option.

[Just Paul 4,591]

1 hour ago, GregandNatty said:

 

MFS has fairly significant tax implications for me in terms of owing quite a bit more money, but may be the only option.

Another option is that you could file for an extension to file the return unit October 15th. You still have to pay the tax due by July 15th.  If you pay the amount that would have been due as MFJ and later file as MFS you will run into penalties and interest. 

[GregandNatty 195]

16 hours ago, Paul & Mary said:

Another option is that you could file for an extension to file the return unit October 15th. You still have to pay the tax due by July 15th.  If you pay the amount that would have been due as MFJ and later file as MFS you will run into penalties and interest. 

 

The extension is probably the way to go.  I didn't think about that.   

Sadly, it doesn't look like there's anyway for my wife to send me her passport.  I had her check with DHL and they told her DHL no longer allows passports to be sent from Uganda to the US.  You can only send embassy to embassy, which is currently impossible because all of the embassys are closed to regular services.   

Edited May 19, 2020 by GregandNatty

[Tesco 53]

Perhaps a Stateside CAA would approve a W-7 COA via virtual Teams/Skype. Is there a CAA close to her location? Check the embassy website. 

Edited May 20, 2020 by Tesco

[Just Paul 4,591]

28 minutes ago, Tesco said:

Perhaps a Stateside CAA would approve a W-7 COA via virtual Teams/Skype. Is there a CAA close to her location? Check the embassy website. 

None there . . . and his response (third post) was that it was hard to get anything certified at the moment in Uganda.

 

But it can be done as of 2016:

As a reminder, AAs and CAAs must conduct an in person interview with each applicant (primary, secondary and dependent) in order to complete the application. Video conferencing (i.e. SKYPE) can be used if the CAA has the original identification documents or certified copies from the agency that issued them in their possession during the interview.

[Justin & Nhi 3]

I would say MFS. 

 

I filed our taxes as MFJ and W7 paper form in March 2nd. Then with the government shutdown they have processed NO paper applications since mid-March. We just reached NVC stage too(5/16/2020) and I am extremely worried I will not have her passport back in time for an interview at this point. 

[trucphong 24]

On 5/20/2020 at 11:32 AM, Justin & Nhi said:

I would say MFS. 

 

I filed our taxes as MFJ and W7 paper form in March 2nd. Then with the government shutdown they have processed NO paper applications since mid-March. We just reached NVC stage too(5/16/2020) and I am extremely worried I will not have her passport back in time for an interview at this point. 

I think you should have enough time since you just reached NVC stage. It will take around 5-6 months to get interview date after NVC received your file from USCIS. Note that IRS does not take certification of passport. IRS rejected our application and required the original passport which I am in a limbo now as they keep passport since April and we got DQ at NVC early May.