foobaz123

It probably goes without saying that as of Friday, we're still stuck in the no-man's-land between EP and non-EP. It's been just under two weeks since we got our case number and have been stuck ever since I sent in that bloody email.

Weekends are so dull and crappy these days....

Just two (in this case three) days when nothing is being processed and no forward progress is possible..

If things seem stalled after 8 business days - have the USCitizen Petitioner call into NVC again, and ask for AOS FEE BILL to be sent out via email.

Good Luck !

And hopefully they don't just say "We're still entering your case"....

That's still all they'll tell me when I call...

No mail either . What is the point of President's Day anyway?

It is a combined holiday for all presidents that started out as a way to combine Lincoln's and Washington's birthday into one holiday.

Or on the other hand, it is just another in the very long list of government and bank holidays.

No wonder they rarely have to take vacation, practically every month has at least one holiday in it.

And unfortunately for all of us waiting, Monday is a Federal Holiday.

I know the IRS is a dense bureaucracy, but if your return is attached to a W-7, I think they'll figure it out.

One would hope so, no?

A woman from H&R Block did it for me, and she put "applied" on their computer system, but it printed out blank. My assumption is that they assign an ITIN, then add it to the return themselves.

Hmm... I could swear when I called the IRS they told me to put NRA in that spot. So I did... and emailed them to the wife for her to print, sign and over night to me

Maybe this means that the regular IRS sites (like e-filing or where ever you would normally send your paper returns) won't process the return without the ITIN? I know that our return and W-7 are being sent to a facility in Texas to be processed, which isn't where my filing has been done in previous years, so I'm guessing this is a special facility for receiving ITIN apps + attached 1040s?

That much is definitely correct. What did you put in the spot for your Spouse's SSN?

Don't take that risk. This is an excerpt from IRS.GOV general ITIN information page

To obtain a SSN, see Form SS-5, Application for a Social Security Card. To get Form SS-5 or to find out if you are eligible to obtain a SSN, go to Social Security Administration Website or contact a SSA office. By law, an alien individual cannot have both an ITIN and a SSN.

IRS processes returns showing SSNs or ITINs in the blanks where tax forms request SSNs. IRS no longer accepts, and will not process, forms showing "SSA205c," "applied for," "NRA," blanks, etc.

Wouldn't this lead you to a circular dependency? You can't file a W-7 (except in rare cases) without filing a return, and you can't file the return without the ITIN for which you were filing the W-7. This makes no sense.

FYI,

I was printing DS-230 yesterday www*state.gov/documents/organization/81807.pdf**, trying to get my wife's file ready, and I noticed the expiration date on the top left corner of this form says 02/29/2012. Based on NVC processing time and my approval time, I don't think I would beat that date unless they issue a statement that says previous versions are accepted.

how ever DS-3230 www*state.gov/documents/organization/80023.pdf shows 01/31/2013

I'm not sure if that would be an issue as far as form expiration but that would slow down the process if you have to email the form, have your spouse sign it and mail it back!!!!!

God damn it, I thought I passed the hard part of this!!!!???

Good to know. Though in general previous versions (to a point) are always acceptable so it shouldn't be too big a deal for you.

I do not think it would cause a problem or could result to a visa denial. I do not think we the only people who did so. I am sure millions of cases before us were similar and didn t result to a denial. I have never seen that on VJ, well for the time i have been on VJ

Not by itself, no. It could cause the VO to look more closely at your case than they otherwise might have. Or it could have no impact at all. There's really no way to say. As I said earlier, just be prepared for the questions if they come and have a good explanation.

Yes, that's exactly what I did. I also included a copy of our marriage certificate.

Unfortunately, I forgot the declaration letter...

I'm calling the IRS now to see if it really is necessary or if the W-7 by itself will do the job. Worse case, the wife will have to send me another over night package. At least it isn't terribly expensive from China!

Hey guys,

Just curious what are my options now to change this to MFJ?

the tax service already mailed my fed (single) and state (single).

I'm not certain you can at this point. At least not in time for it to matter. You could file an amended return and hope it gets back in time. If not, then just be prepared to answer questions and have a copy of the amended return on hand (along with supporting documents).

Hi foobaz:

So is this the correct step?

Mail 1, 2, 3 to spouse to get their signature, and mail back to me (USC)

1) File as married jointly 1040

2) File W-7

3) Setup a declaration letter (6013(g) letter)?

Also the spouse has to mail back:

4) Notorised passport of NRA

Once i get all 4 documents from my spouse, myself sign 1040 and

Mail all 4 to :

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

Yes, as I understand it that is correct. However, if you've the capacity to do so and would like to save some time, you could print the documents above to PDF and email them to your spouse. Then she'd print, sign and mail the entire package to you. That way you cut out one leg of the process.

Well she was told to do so and we didn t know that would have incidence on the case. The guy's reason make sense too but we didn t know its incidence on the process.

I realize she was told that and she just followed their advice. Just keep in mind that this could very well come up during the interview and be prepared for it.

As for me the said i can't file married jointly cuz my wife is not here yet. When she gets here then do amend for 2011 tax.

so for interview, we'll simply state that Tax Service location said to do it this way. They are the professional, right....!!

Hopefully that answer satisfies them.

For the benefit of anyone else who reads this thread later... Never file taxes as Single if you're married and trying to get a visa for your spouse. It looks terrible to the VO.

If someone else is preparing your taxes and they try and insist that you have to file single, tell them to pound sand and find someone else to do your taxes.

The proper process is to file as either Married Jointly, or Married Separately, and attach a W-7 to get an ITIN.

No this is not that, my wife is not such a person, she was told to do so and they guy told her as reason: your husband is not yet in the US

I believe she isn't such a person. You know she isn't.

None of that matters to the VO. Consider how it looks to them. They're looking through your tax returns, and see that instead of getting the massive tax deduction for filing married she filed as if you and she weren't married. Why? Why would she do that?

Do you see what I'm saying?

My wife fill her tax single, she was told to do so by the person in the office where she was. would that cause us a problem?

I have no idea why tax preparers keep telling people this...

If you're married.. you file married. Period. You can do it Joint, or Separately, but not Single.

It could lead to questions at interview time as to why she filed single when she was married. It looks like she is trying to keep things separate that really ought not be. Thus, it casts a shadow in the eyes of some VOs.

Have an answer for that question or possibly better yet, give it before asked.

Me too!

I went to my local tax service and they said to file single and when my spouse arrives to US then file the amend as married.

(even though my 2011 w2 does say married)

So for NVC, i guess i will send 2008, 2009, and 2010 tax transcript if my 2011 is still not returned to me during NVC.

No. No. No. No.

What they're saying makes sense from the perspective of getting you the refund as quick as possible and simplifying the filing process. It also looks terrible from the perspective of a VO.

It might even be better to just file an extension and delay filing at all than to file as single.

Same answer to you as to the last person... have an answer ready for the VO when they ask about this.

foobaz123,

Does it has to be a certified copy of the passport?

I do not know. I'm doing the EP process for China so we don't have to worry about such things. That said, if you can get a certified or notarized copy without great trouble I would do so. It wouldn't hurt anything.

Good morning,

Our NOA2 2/7/2012

called NVC 2/13/2012 they had it in the mail room but not in the system yet

called NVC 2/17/2012 and they gave me

Case #

Invoice #

Beneficiary #

They confirmed my email address and asked my for my husbands, which I gave.

My husband just emailed them the DS-3032 Choice of agent --- No response yet that it was accepted.

What is the Invoice # and Beneficiary # for?

We don't have all the doc's ready yet so should I wait to pay the fee's? Could be another 2 weeks by the time my husband package reach me.

I don't want to get another REF.

2011 Taxes:

We are filing married - jointly and applying for ITIN number. Do we need the actual number on the 2011 tax return or is "Applied" ok?

For 2011 I grossed

$25,000.00 W-2 from my job (now laid off)

$3,500.00 W-2 from temp position

$10,600.00 from unemployment still on unemployment

$8,300.00 1099 from 401 K

For 2010, 2009, 2008 all show $ 46,000.00 and above.....Do I need a Co-Sponsor???

As to the paying of fees, if you can do so go ahead and do so. It'll take some number of days to even process the payment and paying doesn't mean you have to send in the packages immediately.

You'll put "NRA" in place of the missing social security number and attach the W7 to the tax form.

I've never heard of the beneficiary number so someone else will have to speak to that.

YTes a copy of the biographic page. When you said probably, you are not sure?

No, I am not. However, unless it was a serious problem I'd send one anyway. May as well cut off an issue before it could possibly form, no?

SO will i have to translate it into english as well before mailing it to NVC?

Probably. Though, you'd be sending a certified copy anyway, right? Not the actual passport.

It is french and Creole but no english.

Ah

Interesting. Sue's Chinese passport, which I'm holding in my hand now, is in Chinese and English.

Is the first page of my passport needs to be translated into english to?

It's not dual language?

She'll be here soon since now everything's ok

Ah, if only it were so easy, no?