Tax Return Required for CR-1 Interview

[KevNat 1]

Hi,

 

My wife received a medical check up notice from the embassy in Jakarta and to request an interview date to the embassy once the medical exam is scheduled. One of the documents asked is 1040 and 2019 W2. I haven't done my 2019 tax return. Can I provide 2018 Tax Return, 2019 W2 and most recent paystubs? 

 

Please advise...

 

Thank you

[usmsbow 801]

Given the fact the 1040 was due months ago, I don't think that will be sufficient. If you have documentation that explains why you haven't filed a return yet (such as extension), then that  plus your W2 would probably work. If you don't have that, why not just file the 1040 now? You can file a return w/out including a payment (assuming you owe taxes). 

 

 

 

 

 

 

[KevNat 1]

You can still file tax return now? I thought it's not open until January 15? Actually I went to do my tax beginning of this year and my tax advisor told me that I would get some back but If I file it together with 2020 tax and do it when my wife and daughter gets their SS number, I would get even more. That is the reason that I waited. I have my 2019 W2 and all my pay stubs for 2020

[usmsbow 801]

2 minutes ago, KevNat said:

You can still file tax return now? I thought it's not open until January 15? Actually I went to do my tax beginning of this year and my tax advisor told me that I would get some back but If I file it together with 2020 tax and do it when my wife and daughter gets their SS number, I would get even more. That is the reason that I waited. I have my 2019 W2 and all my pay stubs for 2020

 

You can't file for the current year (2020) until January 15th. You can file for prior years at any time. At this point, I think you'll owe a penalty for filing late (assuming you didn't file for an extension). 

 

As for your tax advisor, that sounds like bad advice. I don't know how filing works when a spouse and child are living abroad, but I have read here on VJ that you can get tax IDs for them, they don't need SSNs. I would recommend searching that topic here on VJ. 

[KevNat 1]

I think what he meant was to file 2019 and 2020 at the same time when my family gets here and have their SSN. 

 

I looked online and it looks like to file right now, I have to actually mail it in and I am not sure how long it would take to get the 1040 back. I don't think I would get it in time for the interview. 

[Babu Frik 1,162]

Did they ask for 2018?

No.

You'll need to try to give an explanation, but they're going to want to see some kind of income.

I would prepare what you have for that as far as W2, evidence of salary etc.

 

Why are you waiting for the SSN to file? Tax breaks?

[SteveInBostonI130 3,467]

20 hours ago, KevNat said:

I think what he meant was to file 2019 and 2020 at the same time when my family gets here and have their SSN. 

 

I looked online and it looks like to file right now, I have to actually mail it in and I am not sure how long it would take to get the 1040 back. I don't think I would get it in time for the interview. 

You complete the 1040, sign it, make a full copy, and submit the original to the IRS.

 

You send your wife the copy.  Make sure the copy shows your signature.  You can even email her a scanned pdf.

 

[aaron2020 11,651]

21 hours ago, KevNat said:

I think what he meant was to file 2019 and 2020 at the same time when my family gets here and have their SSN. 

 

I looked online and it looks like to file right now, I have to actually mail it in and I am not sure how long it would take to get the 1040 back. I don't think I would get it in time for the interview. 

You're misunderstanding things.

You have failed to file your 2019 tax return on time.  It was due back in July 2020.  Since the US Embassy has asked for it, you need to provide it.  No 2019 tax return, no visas.

You can file your 2019 tax return as single filing separately.  Once your family immigrate and have SSN, you can amend your 2019 tax return to married filing jointly.  That is what your tax preparer probably said.  

[JeanneAdil 6,539]

First of all don't use that tax man again as his advice was poor and not in your best interest

the year you were married ,  you should have included her in tax returns (and each year after) by filing the W7 form and proofs of 2 needed documents (marriage and her ID like birth certificate) / all this according to IRS site for married to non resident alien spouse 

u do not have to wait for spouse to be in the US or for the alien to have the SS number

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

so, now you need to file a 2019 tax return and the embassy will want to see a copy plus copy of your W2 and any other income proofs you may have like a 1099 for self employment or 1099R if retired

and you will get a notice telling you of fines and interest on on any monies you owe for not filing on time 

[Hilde 381]

51 minutes ago, aaron2020 said:

You're misunderstanding things.

You have failed to file your 2019 tax return on time.  It was due back in July 2020.  Since the US Embassy has asked for it, you need to provide it.  No 2019 tax return, no visas.

You can file your 2019 tax return as single filing separately.  Once your family immigrate and have SSN, you can amend your 2019 tax return to married filing jointly.  That is what your tax preparer probably said.  

Not a tax expert, but I´ve read over and over here on VJ that if you´re married, you should file married (filing seprate or jointly). But filing single while married doesn´t seem to be good advice.

[aaron2020 11,651]

10 minutes ago, Hilde said:

Not a tax expert, but I´ve read over and over here on VJ that if you´re married, you should file married (filing seprate or jointly). But filing single while married doesn´t seem to be good advice.

Sorry,  I mistyped.  It's married filing separately.