Yeti_Ball

you could back file with a 1040X (include a w-7 for an itin for yer lass if you want) with f2555 on your prior 3 years. No W-2s needed from your chinese employer.

but - where are you in the process? If you just filed the I-130, it won't matter at the moment - you have some time nowish to get this fixed . It matters at NVC, when submitting the I-864.

If you've already submitted the I-130 - please fill out yer timeline at http://www.visajourney.com/timeline/profile.php?id=150741

Ultimately, for the I-864 headed to Guangzhou IV (They do the final evaluation, btw, and are hard-asses for 3 years o prior tax data) it's best you show 3 prior years o tax data with your current employment info.

Good Luck! (if you change yer country to China in yer profile settings, we can find you in the portal and you'll get other answers from members with Chinese Spouses who have been in yer situation)

I have another question, when you say "past three years" would that be 1040's for 2010, 2011 and 2012... or would you need to include the 2009 form too seeing as how 2012 is kind of "this years" taxes? What do you think?

Thanks, you guys are awesome! Will be back if i run into any other questions.

if you are filing 'married filing jointly' then she needs the w-7 paperwork.

If filing 'married filing seperately' then she not need the w-7 paperwork.

Okay good to know. will do that for now. another thing, seeing as how I've been married for less then a year, when i file for 2011 & 2010 would i file as NOT married since i was single during those years or married since i am NOW married, AT THE TIME OF FILING? i know this is not a tax forum, just throwing it out there!

do note chasing after a W-7 can be difficult,as

the ONLY notarized copy of her bio page accepted with IRS is now

one notarized by a Vice-Consul at the US Consulate in China (there are 4 plus an embassy, so that's a plus)

If you are thinking to do this, add 3 weeks from today, to your calendar for filing yer pack o stuff into the IRS,

and LET ME KNOW soonish, I'll outline the steps for you that yer lass needs to do.

It seems that the W-7 form now requires an official stamped "certified copy" of her passport from the Chinese passport office. This could take a while to get mailed all the way over to the US and I'm wondering if I have to have include this form when filing my 1040 or if I can just leave the space for her SSN blank for now.

It seems that the W-7 form is only required if my wife were filing a 1040 for herself, although they do ask for her SSN on my 1040 form since she is listed as my spouse.

EDIT: From the IRS FAQ page on ITINs:

What is the difference between a "certified" and a "notarized" document?

A certified document is one that the original issuing agency provides and certifies as an exact copy of the original document and contains an official stamped seal from the Agency. These documents will be accepted. A notarized document is one that the taxpayer provides to a public notary who bears witness to the signing of the official document and affixes a seal assuring that the document is legitimate. These documents will not be accepted for ITIN applications. Note there are some applicants who are exempt from this change. This exemption is described in a previous question.

Ya, the local IRS office will accept it, stamp yer stuff, and send it on where ever it needs to go.

If you get a copy with the original stamp, I say not filing to IRS Austin will not hurt you at all, and in fact gives you a set of 'filed' tax documents that you'll be using with Guangzhou IV.

Are you including the W-7 form, chasing after an ITIN for yer lass, or no ?

I guess I probably should, yeah. Another question, since you seem to be rather knowledgeable about this whole process, you mentioned 1040X forms; are these the forms need to file for previous years that had never been filed for, or would one simply download the 1040 for each corresponding year? Would it make any difference?

Aha - wait a mo.

Reread my post, I edited it a lot. Refresh this screen, la.

So, yer a DCF filer. No NVC intake at all. Disregard that guide, Loto's wiki page,in it's entirety.

The I-864 and tax data goes in to Guangzhou IV.

It's collected with the DS-230 set on document collection day, which is the official interview date given in the official interview letter. The actual interview is the next day.

Apologies for my confusion - I'll get this sussed out eventually (tell me more, tell me more, la)

Warmest Regards..

Aha... I've seen your edits. Cheers, that sounds like great advice going directly into an IRS office. Only thing is that they specifically ask you to send an office in Austin TX if you want to take advantage of the "New Streamlined Filing Compliance Procedures" for expats like me who did not file for the past few years. Still I think it's worth a shot. Thanks!

tax data intake occurs at NVC, not Guangzhou IV.

Tax Data is reviewed at Guangzhou IV and is evaluated on the totality of the casefile.

Maybe review this -> Loto's Wiki Page - How_to_bring_your_foreign_spouse_to_live_in_the_US

and get the exact steps.

Where are you in the immigration process?

Thanks, I'll take a look at that guide. Currently, I have filed the I-130 package in Beijing. Last week I received approval notice from the USCIS in Beijing and that they have sent the case on to the Immigrant Visa Section of the US Consulate in GZ. That is all I know.

You said "tax data intake occurs at NVC" ... what does this mean exactly?

EDIT: Just to be clear, I was living in China when I filed the I-130, in person, in Beijing. I have since moved to the US after accepting a new job. Are the steps in the guide relevant to people who submitted the petition IN China?

you could back file with a 1040X (include a w-7 for an itin for yer lass if you want) with f2555 on your prior 3 years. No W-2s needed from your chinese employer.

but - where are you in the process? If you just filed the I-130, it won't matter at the moment - you have some time nowish to get this fixed . It matters at NVC, when submitting the I-864.

If you've already submitted the I-130 - please fill out yer timeline at

Ultimately, for the I-864 headed to Guangzhou IV (They do the final evaluation, btw, and are hard-asses for 3 years o prior tax data) it's best you show 3 prior years o tax data with your current employment info.

Good Luck! (if you change yer country to China in yer profile settings, we can find you in the portal and you'll get other answers from members with Chinese Spouses who have been in yer situation)

Thanks for the reply. Right now I'm filling out my 1040 forms for the past 3 years along with corresponding f2555-EZ forms.

What I'm not clear about is, when my wife goes for the interview, I'm assuming that she will need to bring along a form that proves that I have filed, something that I will receive in the mail from the IRS once they process my 1040 and f2555 forms. If I send these forms out tomorrow, I'm just worried that it will take a long time to get anything back (possibly so long that they will not arrive until after the interview).

Is that correct? What exactly does my wife need to bring to the interview that proves I've filed taxes? If I were to somehow file online (although I don't think I can due to the nature of my situation) would I be able to print out a "receipt" off the internet that shows I filed?

You could file next week and provide a letter from your employer, also check with a tax professional.

Yeah I think I might just do that. Also, just for the record, I've found this on the IRS website for anyone in a similar situation, should prove to be awesome!

irs (dot) gov/uac/Instructions-for-New-Streamlined-Filing-Compliance-Procedures-for-Non-Resident-Non-Filer-US-Taxpayers

THANKS!

Hi all,

First time poster, long time reader. I have a question. I'm an American who has been living in China for the past 4.5 years, during which time I married a Chinese woman. A few months ago I filed a I-130 form and we have recently received the first notice that it has been passed along to the Visa office in Guangzhou.

I never filed US taxes while living abroad in Shanghai and I do not have any W-2 forms from my Chinese employer. I recently moved back to the US and began a new job last week.

My question is, would an "employment letter" from my current new employer stating my current salary etc. be sufficient in proving during the interview that I have the financial resources to warrant my wife's green card?

My wife feels I should file taxes for the past 3 years (something I should probably do anyway) but I'm afraid it will take too long.

Another option might be to use my parents tax info and use them as a co-sponsor or whatever (any links to information about how this works?).

Basically, my question is, would a signed letter explaining that I did not (but intend to) file taxes in the past 3 years along with a letter from my employer outlining my current salary be enough to satisfy the financial requirement as far as the immigration people are concerned?

Any advise would be greatly appreciated. Thanks in advance.

Best,

YB