CAN I-130 PETITION CHOOSE EMBASSY

[mam521 1,793]

4 minutes ago, zozomike said:

Link is dead, but here from the W-7 instructions: 

Purpose of Form Use Form W-7 for the following purposes. • To apply for a new ITIN. Individuals applying for an ITIN must include a U.S. federal tax return unless they meet an exception, and the required documentation. For tax years after December 31, 2017, spouses and dependents are not eligible for a new ITIN unless they are claimed for an allowable tax benefit or they file their own tax return

 Seems like catch 22...

I'm no accountant, but I am a person who lived abroad while awaiting my turn to immigrate.  I'd probably find an accountant who is versed in income tax law and amend your returns.  You have to claim married when you're married, irrespective of whether your spouse resides in the US.  You are trying to build a strong case for a bonafide marriage, after all. 

 

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

 

[zozomike 9]

5 minutes ago, mam521 said:

I'm no accountant, but I am a person who lived abroad while awaiting my turn to immigrate.  I'd probably find an accountant who is versed in income tax law and amend your returns.  You have to claim married when you're married, irrespective of whether your spouse resides in the US.  You are trying to build a strong case for a bonafide marriage, after all. 

 

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

 

Brilliant thank you. 

[SalishSea 16,903]

14 hours ago, zozomike said:

WHEW, Indian wait times of 8 years? no thanks. Good tip. I really am just asking if it really is advisable to try, and if anyone has managed to change to another embassy. We feel defeated by the Sri Lankan embassy. 

The issues that caused your previous denials will not go away with a different consulate….

 

If they suspect it is a green card marriage, you may need to move home and live together.

Edited August 25, 2023 by SalishSea

[zozomike 9]

2 hours ago, zozomike said:

Brilliant thank you. 

Turns out the laws changed, not allowed, CPA said I could, we started on it, then he realized it was no longer possible. 

Yaw, CPA Tax Professional

August 25, 2023Yes, sorry about that. This means that you will not be able to apply for an ITIN for your spouse just to amend your previous tax returns to include them. You will need to wait until they are approved for immigration and then they can apply for an ITIN on their own.

r.

[Crazy Cat 39,660]

24 minutes ago, zozomike said:

Turns out the laws changed, not allowed, CPA said I could, we started on it, then he realized it was no longer possible. 

Yaw, CPA Tax Professional

August 25, 2023Yes, sorry about that. This means that you will not be able to apply for an ITIN for your spouse just to amend your previous tax returns to include them. You will need to wait until they are approved for immigration and then they can apply for an ITIN on their own.

r.

I'm very skeptical of his answer.   Did he provide you with a reference for that answer?  

Edited August 25, 2023 by Crazy Cat

[zozomike 9]

9 minutes ago, Crazy Cat said:

I'm very skeptical of his answer.   Did he provide you with a reference for that answer?  ITINs are used specifically for tax reporting. 

Thanks, I dont know.., I just paid for that answer. And  I had just closed the form, but here from the instructions for the new W-7: 

Note. The deduction for personal exemptions was suspended for tax years 2018 through 2025. For tax years beginning after 2017, spouses or dependents aren’t eligible for an ITIN, unless they are claimed for an allowable tax benefit. The individual must be listed on an attached U.S. federal tax return with the schedule or form that applies to the allowable tax benefit. See the instructions for your U.S. federal tax return for more information.

And the reason I had not claimed it before is that the form 1040 does not allow listing of anyone without an ITN or SSN. 

[Ketsuban 1,034]

I'm not sure if things changed in the past decade but before I moved out here, my ex filed a paper return and put "NRA" (which means non-resident alien) where my non-existent SSN/ITIN would have gone. Does that not work anymore for married filing separately? We amended the return after I arrived with my new SSN and made it a joint filing. IRS didn't reject any of it.

[zozomike 9]

9 minutes ago, Ketsuban said:

I'm not sure if things changed in the past decade but before I moved out here, my ex filed a paper return and put "NRA" (which means non-resident alien) where my non-existent SSN/ITIN would have gone. Does that not work anymore for married filing separately? We amended the return after I arrived with my new SSN and made it a joint filing. IRS didn't reject any of it.

I WISH, THOSE DAYS OF A TRUSTING GOVERNMENT SEEM TO BE GONE, SEE THIS. 

Can you file married filing jointly without SSN or ITIN?

If your spouse is neither a U.S. citizen nor a U.S. resident within the meaning of IRC section 7701(b)(1)(A) and you file a joint or separate return, your spouse must have either a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN).Jun 21, 2023

 

Nonresident Spouse | Internal Revenue Service

[Cathi 5,624]

You need to find out exactly why you were denied and address those issues before you reapply, regardless of where you apply. Your file will be available at all of the consulates to view so merely moving locations, does not address the reasons why you were denied.

[Redro 4,602]

@zozomike how did you file taxes? As single? head of household or married filing separately? 

[TexasRafael 106]

7 hours ago, zozomike said:

Good points, she is benificiary on my IRA account. I will draw attention tho that. I am unable to find a way to handle taxes as you speak as she has no Social Security number. All your suggestions are welcome. 

You need to apply for an ITIN so that you can file married on your taxes.  The IRS in the USA is quite the trip too, I file my 2021 taxes on Feb 2022, married and sent them along with an ITIN application, to make a long story short somehow my taxes and ITIN application separated, eventually in December 2022, the IRS gave me my refund and actually accepted my taxes with the all 9 number I used for my spouse social.  In Feb 2023 I again filed my taxes using all 9's for my spouse social and the IRS processed it in 30 days and gave me my refund.  My tax transcripts all show my spouse SS as I entered it.  Finally after quite a journey, the IRS issued my spouse an ITIN two weeks ago, (from the original filing in Feb 2022,) but my spouse will be arriving on Oct 9th so we will wait until the official social is issued to update the IRS.   

[zozomike 9]

47 minutes ago, Redro said:

@zozomike how did you file taxes? As single? head of household or married filing separately? 

Single is the only way I could find. Any attempt to list another requires a SS or ITN. 

[Redro 4,602]

1 hour ago, zozomike said:

Single is the only way I could find. Any attempt to list another requires a SS or ITN. 

You can file MFS, print it out, then mail it. 
That’s the option most US citizens take. 

[zozomike 9]

3 minutes ago, Redro said:

You can file MFS, print it out, then mail it. 
That’s the option most US citizens take. 

Sorry to be dumb, what is MFS? 

[zozomike 9]

Just now, zozomike said:

Sorry to be dumb, what is MFS? 

Oh got it. Married filing Separately.