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Posted
52 minutes ago, Aty92 said:

Curious, do most people file a W7 when filing taxes to show proof of married filing jointly? Seems like a lot of paperwork and wondering if most people do it or not?

There is no choice.  You can't file as MFJ without putting the spouse's SSN or ITIN in the box.  If you file without it, your return will be rejected.

 

It depends on the tax situation of the two individuals, but for many couples, filing MFJ saves a lot of money. So it is very much worth the time to get an ITIN if that is needed.

Spouse

Nov. 29th, 2020: I-130 submitted online, NOA 1 Nov. 30th, 2020

Feb. 19th, 2021: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

Mar. 9th, 2021:  Received Hard Copy NOA 2 I-797 in mail

October, 2021: One Year Postponement of Move, Visa Completion On Hold

Feb. 4th, 2022: Submitted DS 260

 

Stepdaughter

Nov. 29th, 2020: I-130 submitted online, NOA 1 Nov. 30th, 2020

Dec. 9th, 2020: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

Mar. 9th, 2021:  Received Hard Copy NOA 2 I-797 in mail

October, 2021: One Year Postponement of Move, Visa Completion On Hold

Feb. 4th, 2022: Submitted DS 260

Posted

If your spouse does not have SS# and you want to file tax jointly meaning report worldly income, then you need ITIN.  W-7 is the form to get ITIN, which you turn in with your Income Tax, file by paper.  I just submitted W-7, a copy certified passport/DL and actual city ID for my husband, election statement, along with our ITR this week.. So will see in few weeks for IRS feedback.  It benefits us more to elect to be both treated as US residents for tax purposes.


People may not want to file jointly if spouse abroad has business or is working. 
https://www.hrblock.com/expat-tax-preparation/resource-center/filing/status/married-to-non-resident-alien-status/
https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

 

Also, you can amend return within 3 years.

Posted
55 minutes ago, Aty92 said:

Curious, do most people file a W7 when filing taxes to show proof of married filing jointly? Seems like a lot of paperwork and wondering if most people do it or not?

 Really you should make the choice based on financial grounds.  Everyone's circumstances may be different but there can be HUGE differences in how much taxes are paid/returned based on the difference between Married filing separately and married filing jointly.  Also there is differences in how much effort it takes to to file a W7 depending on where the overseas spouse is from.  In some countries they can easily obtain a certified copy of their passport from the issuing agency and then it is just the one page W7.   Not difficult at all.  Other countries may be more difficult requiring the use of acceptance agents and such.

 

In our case my wife in the Philippines had to take 2 trips down to the local DFA office to get a certified copy of her passport.  I submitted that with the W7, letter, and 1040 and we got over $10,000 greater return than if I had filed separately.  Very much worth it for a trivial effort in our case..

Wife and Stepdaughter                                                                            

  • December 17, 2020:  Married in Costa Rica
  • March 08, 2021: Filed l-130s Online
  • March 09, 2021: NOA1
  • April 26, 2021: NOA2, I-130s Approved
  • April 30, 2021: NVC Received
  • May 01, 2021: Pay AOS and IV Bills
  • May 06, 2021: Submit AOS, Financial Docs and DS-260s
  • May 14, 2021: Submit Civil Docs for Stepdaughter
  • May 21, 2021: Submit Civil Docs for Wife
  • June 25, 2021: NVC review for Stepdaughter, RFE submit additional Doc
  • July 08, 2021: Wife Documentarily Qualified by NVC
  • August 31, 2021: Stepdaughter Documentarily Qualified by NVC
  • September 15, 2021: Received Interview Date from NVC, October 05, 2021
  • September 22, 2021: Passed physicals at Saint Luke's Extension Clinic
  • October 05, 2021: Interview at US Embassy Manila. Verbally approved by US Consul. Positive interview experience.
  • October 05, 2021: CEAC status changed to "Issued"
  • October 07, 2021: Passports tracking for delivery on 2GO Courier website
  • October 08, 2021: Passports with visas delivered.  "Visas on hand"
  • October 08, 2021: Paid Immigrant Fee
  • October 12, 2021: Temporary CFO Certificates Received
  • October 26, 2021 POE arrival at LAX
  • November 02, 2021 Social Security Cards arrive in mail
  • January 31, 2022: USCIS Status changed to "Card Is Being Produced"
  • February 04, 2022: USCIS Status changed to "Card Was Mailed To Me"
  • February 07, 2022: Green cards received. 

 

Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted
1 hour ago, Aty92 said:

Curious, do most people file a W7 when filing taxes to show proof of married filing jointly? Seems like a lot of paperwork and wondering if most people do it or not?

Proof of filing MFJ is the tax return itself.

 

Actually being able to file as MFJ depends if the foreign spouse has an SSN or not.  If no SSN, then the W7 is required to file MFJ.

 

Other couples file MFS and then amend their taxes later to MFJ (if they want to).  Filing as MFS is also one of the evidences of a bona fide relationship.

Posted
5 hours ago, top_secret said:

 Really you should make the choice based on financial grounds.  Everyone's circumstances may be different but there can be HUGE differences in how much taxes are paid/returned based on the difference between Married filing separately and married filing jointly.  Also there is differences in how much effort it takes to to file a W7 depending on where the overseas spouse is from.  In some countries they can easily obtain a certified copy of their passport from the issuing agency and then it is just the one page W7.   Not difficult at all.  Other countries may be more difficult requiring the use of acceptance agents and such.

 

In our case my wife in the Philippines had to take 2 trips down to the local DFA office to get a certified copy of her passport.  I submitted that with the W7, letter, and 1040 and we got over $10,000 greater return than if I had filed separately.  Very much worth it for a trivial effort in our case..

Can the certified copy of passport be faxed or emailed and printed. Or does it have to be original and mailed over from overseas? And same with the W7 that requires a signature, can it be emailed or have to be original signature form?

Posted
1 hour ago, Aty92 said:

Can the certified copy of passport be faxed or emailed and printed. Or does it have to be original and mailed over from overseas? And same with the W7 that requires a signature, can it be emailed or have to be original signature form?

https://www.irs.gov/pub/irs-pdf/iw7.pdf

Spouse

Nov. 29th, 2020: I-130 submitted online, NOA 1 Nov. 30th, 2020

Feb. 19th, 2021: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

Mar. 9th, 2021:  Received Hard Copy NOA 2 I-797 in mail

October, 2021: One Year Postponement of Move, Visa Completion On Hold

Feb. 4th, 2022: Submitted DS 260

 

Stepdaughter

Nov. 29th, 2020: I-130 submitted online, NOA 1 Nov. 30th, 2020

Dec. 9th, 2020: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

Mar. 9th, 2021:  Received Hard Copy NOA 2 I-797 in mail

October, 2021: One Year Postponement of Move, Visa Completion On Hold

Feb. 4th, 2022: Submitted DS 260

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
5 hours ago, Aty92 said:

Can the certified copy of passport be faxed or emailed and printed. Or does it have to be original and mailed over from overseas? And same with the W7 that requires a signature, can it be emailed or have to be original signature form?

You can also use a certified agent in most foreign countries to verify the passport and sign the W-7 in person, this avoids the need to mail the original passport and wait weeks or months to get it back.  The certified agent will also submit the tax return to the IRS on your behalf, paper only.  We did this and it worked out fine.

Filed: Citizen (apr) Country: England
Timeline
Posted
8 hours ago, Aty92 said:

Can the certified copy of passport be faxed or emailed and printed. Or does it have to be original and mailed over from overseas? And same with the W7 that requires a signature, can it be emailed or have to be original signature form?

The following original signatures must be received for processing in Austin Texas 

  • Tax return- both spouses
  • Statement electing for the foreign spouse to be treated as a resident alien- both spouses
  • Form W-7- Foreign Spouse

Plus you need the original certified ID (passport) of the foreign spouse.

 

You can mail those yourself to Austin or the mailing can be done by a certifying agent abroad or an IRS Taxpayer Assistance Center in the US.

Posted
20 minutes ago, Wuozopo said:

The following original signatures must be received for processing in Austin Texas 

  • Tax return- both spouses
  • Statement electing for the foreign spouse to be treated as a resident alien- both spouses
  • Form W-7- Foreign Spouse

Plus you need the original certified ID (passport) of the foreign spouse.

 

You can mail those yourself to Austin or the mailing can be done by a certifying agent abroad or an IRS Taxpayer Assistance Center in the US.


tax return for both spouses even though it will be filed with the W7 as married filing jointly?

Filed: Citizen (apr) Country: England
Timeline
Posted (edited)
2 hours ago, Aty92 said:


tax return for both spouses even though it will be filed with the W7 as married filing jointly?

A joint tax return filed on paper (not efile) requires signature by both persons filing. Once the ITIN is assigned, the tax return goes to processing like any other tax return and must be signed by both.

Edited by Wuozopo
  • 1 year later...
Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

A hijack post has been split into its own thread in this forum from this now-closed thread.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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