Marriage Filing Jointly and Visa Approval

[sarabou17 36]

On 3/25/2021 at 9:07 PM, ra0010 said:

I understand. I’m just amazed by the lack of preparation from the IO. Especially considering that their job is to make a decision that has a profound impact on people’s lives.

Exactly.  They should consider the whole situation because as you said, sometimes filing MFS is a financial decision.  It's scary to think about who is making these decisions and that ultimately your fate is in their hands.  But I trust it will all work out!

[sarabou17 36]

On 3/25/2021 at 3:41 PM, Chancy said:

 

But your interview was for Adjustment of Status in the US.  I assume you and your spouse live together.  Different situation and immigration process from the OP.  OP is pursuing consular processing for a visa for her spouse living outside the US.  There is nothing suspicious about spouses living in different countries filing taxes separately.

 

Ultimately for us it came down to a logistics matter.  It's just too complicated and difficult to file MFJ being in two different countries, with no IRS Acceptance agents in his country to verify his documents (i.e. passport), then the hassle with getting an ITIN with him overseas, getting certified copies of passport,  and not knowing whether a certified copy will be accepted or not, or mailing passports in the mail,  getting the power of attorney to sign the tax form, etc.  It was becoming a huge headache.  The thing is the evidence of bona fide marriage is a single list which could apply to different situations: couple living in seperate countries, couples living in the same country overseas, couples living in the U.S. already.  Ultimately, we will get the financial comingling that we can given our situation.  We are newlyweds and we are living in separate countries during a pandemic.  That is the reality.    

[sarabou17 36]

On 3/24/2021 at 7:11 PM, JeanneAdil said:

it does in your case

 

why MFS? when you need as much evidence as possible to Casa embassy to approve the visa

the foreign income of up to $107,600 is excluded by filing form 2555 with the returns

 

you have a big age difference as posted previous and you have to provide as much proof as possible to show a "bona fida" marriage and "real relationship"

and Casa is well aware of US taxes and the process anyone with red flags needs to do to start the commingling of assets

We decided to go ahead and do MFJ. 😁 I'm confused because form 2848 IRS POA has one address it should be mailed to and the W7 has another address.  Should I mail all the docs together to the address for Form W7 ITIN application ?  Or split them up POA and ITIN?

[Just Paul 4,591]

29 minutes ago, sarabou17 said:

Should I mail all the docs together to the address for Form W7 ITIN application ?  Or split them up POA and ITIN?

If you are sending in the W7 stateside my recollection is that you attach the W7, passport, and POA with the Tax Return.

[sarabou17 36]

12 hours ago, Paul & Mary said:

If you are sending in the W7 stateside my recollection is that you attach the W7, passport, and POA with the Tax Return.

Thanks!  I will attach them all and send them to the W7 form Austin address.    

[JeanneAdil 6,190]

19 hours ago, sarabou17 said:

We decided to go ahead and do MFJ. 😁 I'm confused because form 2848 IRS POA has one address it should be mailed to and the W7 has another address.  Should I mail all the docs together to the address for Form W7 ITIN application ?  Or split them up POA and ITIN?

they all get mailed with the tax papers together 

this is from the instructions on page 5

 

First-time ITIN applications. If you’re applying for a new ITIN, complete and attach Form W-7 to your tax return when you file the tax return for which the ITIN is needed

[sarabou17 36]

2 hours ago, JeanneAdil said:

they all get mailed with the tax papers together 

this is from the instructions on page 5

 

First-time ITIN applications. If you’re applying for a new ITIN, complete and attach Form W-7 to your tax return when you file the tax return for which the ITIN is needed

I understand now but I was confused at first because if you look on the instructions for IRS form 2848 it is supposed to be mailed to a different address than the address they list for the W-7, but then I saw on the instructions for the W7 that the form 2848 can be attached to the W7 if someone is signing the W7 for the non-resident citizen.  So then i understood that all things can be mailed together.  We are using the form 2848 so I can sign the actual tax return for my husband.   Thanks again, JeanneAdil!