TVQT1993

We got her passport back promptly. 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.

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.

My wife's GC has the same issue with Thi listed as her first name, except her SSN card name is also wrong. SS office won't fix it without a correct GC. If it was just the GC, we'd probably leave it alone.

We decided to submit I-90 due to DHS error so there is no charge, along with her birth certificate with translation showing her correct name order. Here's our timeline:

4/24/2024: Received green card. Submitted I-90 with supporting docs and green card to USCIS.

4/26/2024: We received your Form I-90, Application to Replace Permanent Resident Card, and sent you a receipt notice.

5/10/2024: We scheduled you for a biometrics appointment. (Appointment scheduled for 5/28)

5/22/2024: Card Was Destroyed

5/28/2024. Had biometrics appointment. Status updated to Case Is Being Actively Reviewed By USCIS

We're ok with waiting for the GC but others may not. This is such a common problem with Vietnamese immigrants, I wish there was a memo that DHS/USCIS could use that explains Vietnam's passport name convention and how to issue the GC according to US convention.

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.

23 hours ago, Afghanguy said:

Hello to all.

 

I am a US citizen married last year. My CR1 is in process currently at TSC. I filed my taxes last year and was hoping to get the marriage deduction but lady at HR block filed me as a married filing separate and said cant get deduction unless she is here in US or has an ITIN #. So here I am trying to apply for one now for this year possibly I can amend last years maybe?

 

My question is on the W7 - do I put all her information on that form or mine? eg name., address etc? What documents should I mail in with the application? I have done my research on IRS website but am confused thus posting here so hope you guys dont tell me go check IRS website

 

What documents do I need to send for her ? I have her passport page and national ID...Do I send my last year taxes as well?

 

Thank you and hope someone who has went thru this can answer

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

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Who can I call for help?

You can call the IRS toll-free at 800-829-1040 if you are in the United States or 267-941-1000 (not a toll-free number) if you are outside the United States. This service allows you to check the status of your application seven weeks after submitting Form W-7 and your tax return.

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.

3 hours ago, Nimisha2305 said:

Any updates yet? I got the same message 2 weeks back and now there is no change at all...

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.

On 5/31/2023 at 1:27 PM, Afghanguy said:

ALREADY filed MFS not MFJ! I was in morocco and had her sign the W7. What do I send with the W7????

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.

On 6/2/2023 at 8:25 PM, TenderHearted said:

So my question is twofold:

 

First, since my wife did not receive her Social Security number until mid February of this year (2023), does anyone know where on the IRS website, or in their other literature, where it states the rules for this? I need something tangible to show my CPA. Not being able to use her Social Security number doesn't make any sense, since I've been read many people amended their tax returns once their spouses finally got their Social Security numbers, after finally entering in as permanent residents.

 

Second, since she is finally here and has her SSN, how do I go amending these last 2 years of tax returns (2020 and 2021), since I had to file "married filing separately" because she hadn't entered yet?

 

And again guys, I know there is a lot here. Please help out if you can. Thank you in advance!

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

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Once you are issued an SSN, use it to file your tax return. Use your SSN to file your tax return even if your SSN does not authorize employment or if you have been issued an SSN that authorizes employment and you lose your employment authorization. An ITIN will not be issued to you once you have been issued an SSN. If you received your SSN after previously using an ITIN, stop using your ITIN. Use your SSN instead.

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.

On 6/2/2023 at 8:20 AM, Nimisha2305 said:

I submitted my spouse's I-130 application on October 31st 2022. Got the receipt notice the same day.  It initially said 8 months but by March it added another 8 months. Today suddenly it changed to an approximate of 3 weeks.

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. 

15 minutes ago, Afghanguy said:

ok brother...i will flying to morocco in few days...so what documents from my end should i take with me...my 2022 taxes...once i get there what documents should i submit with the W7 to mail out from morocco to texas...everyone is saying something different so i m little confused.

 

we have our marriage certiicate already in english...so i will need to make a photo copy of her ID, along with english translated version of her passport biometrics page yes?

 

i will just mail everything from morocco..

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.

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If you submit an original valid passport or a certified copy from the issuing agency, you don’t need to submit any other documents from the table, unless the passport is for a dependent and it doesn’t include a date of entry into the United States.

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).

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How To Apply

1. Your completed Form W-7.

2. Your original tax return(s) for which the ITIN is needed. Attach Form W-7 to the front of your tax return. If you’re applying for more than one ITIN for the same tax return (such as for a spouse or dependent(s)), attach all Forms W-7 to the same tax return. Leave the area of the SSN blank on the tax return for each person who is applying for an ITIN. After your Forms W-7 have been processed, the IRS will assign an ITIN to the return and process the return.

3. Original documents, or certified copies of these documents from the issuing agency, required to support the information provided on Form W-7. The required supporting documentation must be consistent with each applicant’s information provided on Form W-7. For example, the name, date of birth, and country(ies) of citizenship shown in the documentation must be the same as on Form W-7, lines 1a, 1b, 4, and 6a. See Supporting Documentation Requirements, earlier, for a list of the documents to be submitted with your application package.

2 hours ago, Afghanguy said:

Salam.

 

I am preparing to file the W7 for my wife for next year taxes i will need to send my 2022 taxes along with her passport? i dont have her original copy of her passport or id but only have digital...do they require originals? if yes then its best to wait til i get to morocco next week and file it from there i suppose? i filed my 2022 taxes with HR BLOCK and she put Married Filing Separate with her name but said I cant get deduction because there is no ITIN #. Can I amend 2022 taxes to get the deduction for 2022 after I get ITIN # for her or does that only apply if she is USA only.

 

Finally on the actual W7 form on the top it gives you choices A-H , I select E (Spouse of U.S. citizen/resident alien ?

 

 

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

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Supporting Documentation Requirements

Whether you are applying for a new ITIN or renewing an existing ITIN, you must provide documentation that meets the following requirements.

1. You must submit documentation to establish your identity and your connection to a foreign country (“foreign status”). Applicants claimed as dependents must also prove U.S. residency unless the applicant is from Canada or Mexico or the applicant is a dependent of U.S. military personnel stationed overseas.

2. You must submit original documents, or certified copies of these documents from the issuing agency, that support the information provided on Form W-7. A certified copy of a 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. You may be able to request a certified copy of documents at an embassy or consulate. However, services may vary between countries, so it’s recommended that you contact the appropriate consulate or embassy for specific information.

3. There are 13 acceptable documents, as shown in the following table. At least one document must contain your photograph, unless you’re a dependent under age 14 (under age 18 if a student). You may later be required by the IRS to provide a certified translation of foreign-language documents.

   Supporting Documentation	Can be used to establish:
   	Foreign status	Identity
   Passport (the only stand-alone document*)	x	x
   U.S. Citizenship and Immigration Services (USCIS) photo identification	x	x
   Visa issued by the U.S. Department of State	x	x
   U.S. driver’s license		x
   U.S. military identification card		x
   Foreign driver’s license		x
   Foreign military identification card	x	x
   National identification card (must contain name, photograph, address, date of birth, and expiration date)	x	x
   U.S. state identification card		x
   Foreign voter’s registration card	x	x
   Civil birth certificate	x**	x
   Medical records (valid only for dependents under age 6)	x**	x
   School records (valid only for a dependent under age 18, if a student)	x**	x
   * Applicants claimed as dependents who need to prove U.S. residency must provide additional original documentation if the passport doesn’t have a date of entry into the United States. See Proof of U.S. residency for applicants who are dependents below.

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.

13 minutes ago, Afghanguy said:

I will still need a ITIN # in order to get deduction right? so like u mentioned I will just do MFS and later down the road amend it. thanks

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

1 minute ago, Afghanguy said:

Hey bud.

 

I called another HR block and he told me to file as Married F separate which should be ok for me as someone told me during interview they will look at my tax returns to make sure I filed as married and not single. In terms of deduction I wont get it because she is not in USA...but as long as i can do MFS I am ok yes?

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

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Generally, you must file a claim for a credit or refund within three years from the date you filed your original tax return or two years from the date you paid the tax, whichever is later. If you file a claim after the three-year period, but within two years from the time you paid the tax, the credit or refund cannot be more than the tax you paid within the two years immediately before you filed the claim. See Publication 556, Examination of Returns, Appeal Rights, and Claims for Refund, for more information.

44 minutes ago, Afghanguy said:

 

 

i just called hr block again and told her about that IRS link she said she knows about it...in order to do that she has to be here so we can get a ITIN # for her but she is not in USA...she said file single

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

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If I am filing a joint return with my spouse, must our refund be deposited to a jointly-held account?

You can ask IRS to direct deposit a refund on a joint return into your account, your spouse’s account, or a joint account. However, state and financial institution rules can vary and you should first verify your financial institution will accept a joint refund into an individual account.

1 minute ago, MadMax13 said:

Hi. Did you file online? On 6a, she signed her name. It's 1a, under "petitioner's statement', 

"I can read and understand English, and I have read

and understand every question and instruction on this

petition".

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.

1 hour ago, A citizen said:

@TVQT1993 The relationship is bona fide and solid, but I am not moving to Russia, and if they make it impossible to have the interview in Russian language for my fiancé what am I supposed to do? If that is no go, then yes, I need to be concerned about "do I have another shot?" in my life, and "have I used 2 out of 3 already?"

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.