Mariouma

11 hours ago, Jorgedig said:

Huh?  No, it is not a red flag.  USCs with alien spouses abroad can and do add them as insurance/account beneficiaries, add them to auto insurance, name them as DPOA, draw up joint wills, etc.  @Jeanne Adilis someone who did some of these very things before her husband ever got here.

 

You have some strange ideas.

 

Also:  affidavits from friends and family are weak evidence, since no one is ever going to write one that is not 100% complementary about your relationship.

I understand what your saying but without power of attorney or a ITIN number and my spouse never being here I cannot file jointly or add him to anything that requires his ID, signature and presence in front of an bank agent or notary or lawyer. So how do we do these things is what I'm asking and apparently thats what iscis asks other proofs.

9 minutes ago, arken said:

I don't think one should or must get an ITIN since there is an option for MFS anyway. I'd say it's a choice. I went with MFS for two years and amended to MFJ once my wife immigrated and got SSN. In fact lots of people are now regretting as it prevented them from getting the stimulus.

Thank you thats exactly what I was told this is the 1st time I am hearing that I need to get a ITIN for proof of a bona-fide marriage, and I don't need to amend anything they aren't understanding me my accountant told me when I went to file my 2020 taxes I was registered as MFS and she said until he is here do not file as I was told to wait until he is here and file my 2020 and 2021 jointly I only have my taxes from checks withdrawals for taxes files under MFS. I never filed 2020 as MFS so nothing to Amend. Again thanks 😊 

15 minutes ago, mushroomspore said:

Yeah, sorry you got bad info from the accountant. There are threads every so often by people asking if they can get an ITIN even if they have never been to the US, have never worked in the US or had permission to work in the US, etc etc. The answer is YES. And it's not just you CAN get an ITIN, but you SHOULD and you MUST get an ITIN until you get an SSN. Best of luck! This is honestly a pretty minor thing, but it's still important, so good on you for looking into it instead of just letting it go.

 

Thanks for the answer and helping me and my spouse appreciate it, that's why we are here we are new to this and we are getting alot of different answers very confusing and frustrating. 

4 minutes ago, Saif&mary said:

i have legal marriage certificat , full  wedding photos with family and friend , photos of vacation together , western union money transfer between us , and big chatlog and call history , i have affidavit letter  from my family and her family , her brother will co sponsor us .

why i will aply  for itin if she will not file for 2020

 

yes I can file 2021 what do u mean this is the year I am applying for his CR1 2021 and I can file all the way back to 2019 in tax returns 3 yrs I will file my 2020 and 2021 together and my co sponsor makes 140k a year and is my brother his brother in law and has filed his taxes for last 30 + yrs

26 minutes ago, Jorgedig said:

Sounds like OP need a new accountant.

I didn't file single I am claiming MFS on w4 and I will file my 2020 and 2021 tax returns as MFJ as per my accountant suggestion for my spouse 

11 minutes ago, Jorgedig said:

Incorrect.  Many, many here have been able to obtain an ITIN # for an overseas spouse and file MFJ.   I can't imagine you would qualify as HOH, unless you have children.

 

If you are married and yet filed "single," you will need to amend your return to reflect the truth.

My accountant said I was exempt and to hold off until 2021 and file MFJ In 2021 cause since I came back September 19th 2020 and I worked only a few months I made under 12,500 so I was exempt I could or could not file my choice so I decided to wait and file both in 2021 as MFJ. So I am aware that I have to file MFJ. Thanks for the advice but I would like to know how I obtain a ITIN number for my spouse when he hasn't even visited here.

Just now, Jorgedig said:

Incorrect.  Many, many here have been able to obtain an ITIN # for an overseas spouse and file MFJ.   I can't imagine you would qualify as HOH, unless you have children.

I have 2 children but I filed as MFS married filing single but my accountant when I went to do taxes told me without a TIN number from my husband I cannot file jointly only MFS unless he has visited or has a visa to US thats how he obtains a TIN number 

8 minutes ago, Mariouma said:

There is 3 ways of filing in US married filing single separately, jointly,or head of household not married i filed 1st one the only one I could cause I was told I need a TNI number which he doesn't have cause he hasn't even visited or been approved a visa here at all.

MFS yes but that doesn't give him TIN aka tax identification number 

1 minute ago, JeanneAdil said:

you follow the IRS webpage for an ITIN # and provide the evidence they ask for like iD and marriage certificate by filling out the W7 

it is also advisable to get him to send you a POA 

 

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

 

BTW you are married and can not file as single

it is either MFJ or MFS

There is 3 ways of filing in US married filing single separately, jointly,or head of household not married i filed 1st one the only one I could cause I was told I need a TNI number which he doesn't have cause he hasn't even visited or been approved a visa here at all.

58 minutes ago, JeanneAdil said:

The USC should join the group and read the guides above to know the process as at this point all the work is done by her.

 

you were married in 2020 so she should have added your name to her IRS tax returns  this spring of 2021 to start to show commingling of finances (she will have to produce IRS transcripts for the NVC and interview stage 

this is more important than chats

she should provide things like the marriage certificate and boarding passes and joint rental of apartment in Tunisia for the petition ( no idea how you do this as an unmarried couple is not suppose to live together in your country but when she writes her cover letter and says you lived together,  USCIS will expect to see this.)

 

but again read the guides above for all the steps and required documents

 

and you should read your portal posts and embassy reviews (hit the word portal above 

 

since she lived there a year,  your issue may be her income and she needs to check the US poverty guidelines (125% ) to sponsor you

 

and thank you for starting a timeline,  please keep it filled in during this process

How am I supposed to add him to my 2020 and 2021 without a TNI number I already asked my accountant impossible he has never visited or lived in my country cannot add him to anything that requires his signature and social security card or TNI Number. In Tunisia a us passport holder is allowed 4 months stay I got locked down due to covid for 4 months and I went to embassy I can stay in Tunisia and I in fact did from Aug 6th 2019 till Sept 29th 2020 because of covid. And I make enough to sponsor him and I have a joint sponsor already.

14 minutes ago, Boiler said:

Definitely evidence of the time you spent together, living together for a year should be plenty of that.

Thanks for your response, I spent 1 yr 1 month and 2 weeks in Tunisia and now in August we will have been married one year. Married 1 yr after I flew on August 8, 2020 

I'm the American sponsor and petitioner and help or advice would be appreciated, thanks in advance.