Filing as 'Married- Filing Separately' without SSN or ITIN

[EagerlyPatient 0]

Hello VJers,

Our approval came in from USCIS, and we are in the process of preparing for the NVC stage.
 

While doing the i-864 form, my wife just now is preparing to file for her 2022 taxes as it is that time of the year.
 

She is applying under the category of 'Married- Filing Separately' given I am not yet in the US, nor have an SSN or ITIN.
However, her accountant is saying that, although we can do this option, we cannot e-file, and we will not have the return instantly. We will be needing to file via paper by selecting NRA for the SSN number, and it would take more than 6 month for it to get processed.
 

• Would this make things take more time as we will be waiting for the return? 
• Can we show that we just applied without having the return?
• Would applying Head of Household work in such a case as it will be much faster, given she qualifies?
• Can she not file right now, and use her 2021 returns where she was not married yet?
   

What are our choices to file and get the return as soon as possible ?
 

[Mike E 11,740]

5 minutes ago, EagerlyPatient said:

we will not have the return instantly

Her paper tax filing is her tax return. She can submit a copy of her tax return with I-864.

[Chancy 6,241]

On 3/21/2023 at 11:41 PM, EagerlyPatient said:

Would applying Head of Household work in such a case as it will be much faster, given she qualifies?

 

Filing HOH is fine if she qualifies -- ie. she has a dependent (that is not you).

 

Also, as mentioned above, the paper filing (1040 full package with all tax schedules) is acceptable for the I-864 requirements.  No need to wait for the tax return to be processed.

 

Edited March 24, 2023 by Chancy
clarification