zozomike

Thank you. We will retain representation should an appeal of the spouse visa that was returned seem possible. The new I-130 has already been filed and received. So all is in the too-familiar limbo.

Well I do not seem to be as lucky as you, I gave 40 pages, photos, descriptions, rings, affirmations, flights, they asked for more proof , gave 10 more, then they denied for not enough proof. Different embassy, thats why I asked about different embassy filing, but that is a dead end One can no longer get ITN for foreign spouse per catch 22 recent rules. filinf MFS seems to be the only remaining option I can find.

As I understand it the Notice of intent to revoke can take 6-12 months. one of my stepsons will age out in 52 days, ( just a kid when we began this awful process) If we lose the appeal, and apparently most do, we would be furthur delayed. So we are preparing a new I-130 for submission.

Thanks Redro, Turbotax had fooled me, but I found a way to make it accept the MFS and am mailing two ammended returns to get her name on the return.

Oh got it. Married filing Separately.

Sorry to be dumb, what is MFS?

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

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

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.

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.

Brilliant thank you.

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...

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.

Thank you. The I-129F was done before we married, when it was rejected we married and filed the I-130. The I-130 was returned on 08/14/2023, and the CO stated our marriage was "doubtful". We have chosen to file a new I-130 so we can add more information to the relationship proofs. I guess 40 pages of pics of 6 extended stays together with flights etc. already in the file was not enough.

Thank you, I understand better. The reason for rejection of the I-129F we never learned. The stated ( verbal by CO) was doubtful marriage. The over 40 pages of proofs in the file and which had been sent twice were never read I guess.