TVQT1993

A W-7 is not a tax return, it is an application for an ITIN. When we did our Form 1040 tax return last year, it did not take any extra time to receive the refund. Timeline was: 1/23/2023: Mailed package to IRS ITIN processing center in Austin Texas via USPS certified mail. Package included Form 1040 married filing jointly (With my SSN as primary, and her SSN/ITIN field blank), a statement that we are making an election under IRC 6013(g) to treat my wife as a resident alien for the purpose of our U.S. tax return, Form W-7 applying for ITIN, and her foreign passport (to prove foreign status). 1/27/2023: Package received and signed for by IRS Austin. 3/8/2023: Received Notice CP565, dated 3/3, assigning my wife an ITIN. 3/13/2023: Received Notice 14433 Return of Documents and her passport back. 4/6/2023: IRS transcripts showed our Form 1040 was posted. Refund was approved and scheduled to go out on 4/13. 4/15/2023: Received refund check in the mail.

Not OP, but our interview letter dated 10/31, gave us an interview date of 12/11. It went pretty quickly, and we got the visa in hand on 12/16. DQ was 9/28.

NVC = National Visa Center which receives the package after USCIS approves Form i-130. NVC prepares immigrant visa applications for consular officers to review and adjudicate. This includes gathering required documents from the applicant(s) DQ = Documentarily Qualified, which is when NVC has reviewed the documents submitted and determined that they are ready for the consular officer. DQ is the step before an interview is scheduled. Seems like NVC is working quickly. We paid IV fees on 9/18, submitted i-864 with supporting docs on 9/22, DS-260 with supporting docs on 9/23, and got our DQ notice today 9/28.

Seems like this has been asked and answered, both here and on the IRS website. If you are still unclear about what to submit, why not just call the IRS directly? https://www.irs.gov/individuals/how-do-i-apply-for-an-itin Also, it appears like you are looking for reassurance rather than instructions because instructions have been given multiple times in this thread. It's probably helpful to hire an experienced CPA or Enrolled Agent to walk you through this year's 1040/W-7 and amending 2022. Do not go back to H&R Block. It's worth paying the extra money for more professional advice.

Just got our i-130 approved today. Took 322 days.

No changes for us.

Today it changed to: Estimated time until case decision: Your case is taking longer than expected to process. You do not need to take any action at this time. I take that as positive news, it's been 8 days since the status was 1 week. Looks like someone will look at it soon, and either approve or request additional information.

Yes you should amend your 2021 Form 1040 since it's got an invalid filing status and needs to be married filing jointly or married filing separately. Your accountant should be able to advise you of the pros and cons of each. In my case, my wife wasn't working so our worldwide income was essentially just my income, and MFJ resulted in a tax benefit. edit: And yes, your spouse probably would get questioned about why your tax return status is inconsistent with your married status.

Well then you're filing an amended return (Form 1040X) with the W-7 to change MFS to MFJ. The rest has been answered already. Plus it's in the W-7 instructions.

This is not exactly an answer, but bear with me. Your spouse is no longer eligible for an ITIN because she has an SSN. So if an SSN issued in 2023 isn't allowed for a 2022 Form 1040, how could she file? Answer, your CPA is wrong and she must use her SSN. For something from the IRS to show him/her: https://www.irs.gov/forms-pubs/using-a-social-security-number-ssn-or-individual-taxpayer-identification-number-itin-when-filing-your-tax-return While this is not a citation from the Internal Revenue Code, it is quite clear "Once you are issued an SSN, use it to file your tax return". As for question #2, you just file Form 1040X amended return for 2020 and 2021 to include both of your worldwide incomes, include both of your names/SSNs, check the box for married filing jointly. For sure your CPA knows how to handle this. The above are my personal opinions. Although I am a tax accountant, I am not giving professional advice.

Very nice! Any changes? Ours just updated to 1 week.

Our estimate USCIS.gov changed from 6 more months to 2 weeks. I thought it was a glitch, but others are reporting drastic changes in estimates as well.

In order to file MFJ, if your spouse is abroad, you need to attach a statement, signed by you and your wife, that you are making an election under IRC § 6013(g) to treat your nonresident alien spouse as a resident alien for the purposes of your tax return. A marriage certificate is not needed or sufficient for the W-7 ITIN application.

This is why I implore everyone to read the original instructions. It clearly states that a passport is the only standalone document that satisfies identity and foreign status. Read through it carefully and do not merely rely on the opinions of others, including myself. I Googled Moroccan passport and saw a biometrics page that included French, and English fields. If that is the case for your spouse, a translation may not be needed. This is what you need, a W-7 ITIN application, a reason for applying for an ITIN (i.e. tax return) and supporting doc (i.e. passport).

Yes she selects E, remember it is her that is applying for an ITIN, not you. She needs to sign the W-7. Follow the W-7 instructions, they go everything in detail.: https://www.irs.gov/instructions/iw7 A marriage certificate is not required or needed. If your spouse is abroad, you need to attach a statement, signed by you and your wife, that you are making an election under IRC § 6013(g) to treat your nonresident alien spouse as a resident alien for the purposes of your tax return. edit: I should also say that a marriage certificate is not sufficient. You need to attach the IRC § 6013(g) statement to your tax return. Depending on your country, a translated passport may not be needed. But it needs to be an original or a certified copy. My wife's country issues passports with the English equivalent next to each Vietnamese field (name, date of issue, etc) so we did not need to translate it.

1) Leave her SSN field blank, after the Austin IRS ITIN center issues the ITIN, they will enter the ITIN for your wife and pass the tax return on for processing. Do not write NRA, that is for MFS when the spouse's ITIN/SSN is not known. 2) I'm not sure it counts as filed when Austin gets it, because there is a chance the W-7 application is denied (for example, lacking appropriate documents to establish foreign identity). Do you expect to get a refund? If there's no balance due, there isn't a late filing penalty. 3) State usually follows Fed. I filled MFJ with California on a 540NR (CA non-resident or part-year resident) tax return. On one of the schedule, I entered that I was a resident all year and my spouse spent zero days in CA. They processed it just fine. But I don't know how MA would do it.

Yeah, she'd still need an ITIN or SSN.

She doesn't have to be in the USA, an election under IRC 6013(g) recognizes one spouse as foreign and elects to treat them as a resident, solely for tax purposes. But yes you are okay to file MFS. In the future, when she has a valid ITIN or SSN, you could amend your 2022 tax return to MFJ to claim the additional deduction. Generally, you'd have 3 years to amend the return. https://www.irs.gov/taxtopics/tc160

HR block is wrong, you cannot file as single. Your wife is the one applying for an ITIN via Form W-7 so she either has to be present at the IRS local office, or do it by mail. The tricky part is that she needs a reason to have an ITIN, typically due to a tax return filing requirement. What I did was give Form 1040 and W-7 to my wife to sign, and brought them back with me, along with her passport, to file. ITIN's can take a long time during tax season, so you might want to file for an extension of time to file. That would give you until October 16, 2023 to file a 2022 Form 1040. Here was our timeline: 1/23/2023: Mailed package to IRS ITIN processing center in Austin Texas via USPS certified mail. Package included Form 1040 married filing jointly (With my SSN as primary, and her SSN/ITIN field blank), a statement that we are making an election under IRC 6013(g) to treat my wife as a resident alien for the purpose of our U.S. tax return, Form W-7 applying for ITIN, and her foreign passport (to prove foreign status). 1/27/2023: Package received and signed for by IRS Austin. 3/8/2023: Received Notice CP565, dated 3/3, assigning my wife an ITIN. 3/13/2023: Received Notice 14433 Return of Documents and her passport back. 4/6/2023: IRS transcripts showed our Form 1040 was posted. Refund was approved and scheduled to go out on 4/13.

Why don't you choose direct deposit instead of paper check for the refund? https://www.irs.gov/refunds/frequently-asked-questions-about-splitting-federal-income-tax-refunds

Yes, filed online. Yes it is part 6 (Petitioner's statement), 1.a. and box checked off next to: "I can read and understand English, and I have read and understand every question and instruction on this petition".

I filed online in October, and just reviewed the PDF. The box is checked under 6a1 on our i-130.

Have you looked into whether another U.S. Embassy could conduct the interview in Russian besides Warsaw? Does the U.S. Embassy in Minsk, Tbilisi or Yerevan offer it and could the case be moved to one of them? Probably easier for her to get permission to travel to Belarus, Armenia or Georgia than to Poland. I don't know anything about where to get interviews done in Russian, just throwing ideas out there.

You have to address USCIS's concerns about your background. Relationship doesn't seem very bona fide if you're more concerned about using up your "lifetime chances to get fiancé visas" than the fact that your fiancé is stuck in the process waiting for you to clear the RFE.