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emmillinnee

TAX - Married, Filling jointly, while waiting on I-130 visa

By emmillinnee in Tax & Finances During US Immigration

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emmillinnee Contributor

emmillinnee   9

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Filed: IR-1/CR-1 Visa Country: Spain
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This is a complicated question, but just curious if someone else has had the same issue/idea. Here are the details: 

 

I (US citizen) am married to a Spanish citizen. We got married legally in Spain in 2020. We filed I-130 in September 2020. We are DQ'd at NVC, but awaiting interview date still. 

My husband began taking online classes from a U.S. institution in Spring 2021, which cost ~$3000 USD.

He earned from working ~€5,000 in the year 2021.

 

 

Question: If I file 2021 taxes as married, filing jointly, get him a TIN by filing form W-7, can I claim the American Opportunity Tax credit of $2500? How long does it take to file form W-7?

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seekingthetruth Proficient

seekingthetruth   1,218

Posted
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2 hours ago, emmillinnee said:

This is a complicated question, but just curious if someone else has had the same issue/idea. Here are the details: 

 

I (US citizen) am married to a Spanish citizen. We got married legally in Spain in 2020. We filed I-130 in September 2020. We are DQ'd at NVC, but awaiting interview date still. 

My husband began taking online classes from a U.S. institution in Spring 2021, which cost ~$3000 USD.

He earned from working ~€5,000 in the year 2021.

 

 

Question: If I file 2021 taxes as married, filing jointly, get him a TIN by filing form W-7, can I claim the American Opportunity Tax credit of $2500? How long does it take to file form W-7?

The instructions seem to cover all your questions.

https://www.irs.gov/credits-deductions/individuals/aotc

 

"How long does it take to file form W-7?" is not applicable.  You file your taxes as a paper return with the completed W7 attached, mail it to a special address, then they will assign the TIN and put it on the return.  Then they will mail a copy of the TIN for your records.

 

According to the instructions you must do this by April 18 unless you file an extension.

 

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

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