Tax Return and filing a joint return

[NUWORLD]

This little "Catch 22" is why I filed single and then sent the W7 in with the amended return after she got here. Another Catch 22 could be getting a Chinese SO inside the US Consulate without an appointment letter, in order to request a service generally done for a USC.

 

I thought about attaching a little note to my 2005 transcript saying...

 

"Catch 22. Can't file as married without my wife's ITIN or SSN and can't get one until after she gets the visa and comes to the USA. Will file amended return with W7 later."

 

... but I decided not to bother. It wasn't a problem. I half expect the VO's know about this little Catch 22 and don't worry about it because they are concerned much more with the public charge issue than IRS details. Income is what they are verifying. The tax return as just a tool for that.

 

Don't lie to the USCIS but there's no penalty for overpayment of taxes.

 

Duke: Thanks for the help!!

As for the piblic charge, That is not a problem, I'm well above the 125%

I just want everthing to look good for the interview.

All this stuff with the visa process and now TAX time makes one head hurt

and makes the STRESS even more!!!

 

Like in my last post, I can take the chance and get my wifes passport sent to me!

I figure i have a 50%/50% chance of getting it or lossing it in the mail system.

 

But i always get the wrong 50% Thats what I'm woriied about!!!!!!!

Plus The extra money from the return would be nice right about now!!!

Trust me: I have run the numbers many times in the pass few days and filing married-jointly

is the way to go!!

 

Don't forget you can do what Duke did - file singly now, and then when your wife gets here file an amended return, married, with the W-7. You'll get a refund of the difference at that time.

 

 

Well here is the Catch 22 again!! Damed if you do, Damed if you don't

Lets see, Do i feel like getting caught NOW or LATTER????

 

I have read many post where the VO might want to see a updated I-864 or a I-134

during the interview!

 

Now if this happens and it has many times in the past.

The VO is going to see two things.

 

ONE: Like LEE said in another post i started about this subject, The IRS does not know I'm married, But the USCIS does!!! If the VO looks at the reguested tax forms for 2006 and sees that is says SINGLE, This may raise the question why i filed SINGLE when i was really MARRIED, The I-864 says I'm Married! and that would also mean i lied on my taxes!

 

TWO: Again If the VO wants to see updated I-864 or I-134 and it says SINGLE it would also raise the question about a BONAFIDE RELATIONSHIP!!!!

 

Now on the other hand, It the updated I-864 and I-134 with the 2006 tax forms said MARRIED - JOINTLY with her name on the tax forms the problem with a BONAFIDE RELATIONSHIP would be not be a problem.

 

Once again: CATCH 22, Who do i feel like getting caught by, The IRS or the USCIS.

At this point. I would take the IRS, I can deal with them!

There was another member on this site that did get caught by the IRS one time.

I have been caught three times, But that is another story!

The IRS takes time to figure things out, That is if they do figure it out!!

 

My wife is the most IMPORTANT person in my life and i do not want to take a chance with screwing up the interview with a blue slip for the wrong info on my taxes if that question should come up!!!

 

I'll take my chances with the IRS.

[Guest Duke]

 

 

I'll take my chances with the IRS.

 

No problem. There is no penalty for overpayment of taxes. The IRS will not accept a return filed as married separate or jointly unless you have a tax ID number for your wife. So, if you file that way, they'll recalculate your taxes at "single", both delaying and reducing any refund or causing a penalty for underpayment of taxes, if you owe them more money.

 

So, as Randy said, if you don't lie to the IRS, they'll lie for you and say you're single. The only thing you gain by filing jointly without a tax ID number for your wife is that you can send a copy of that return with your I-134. This will look good to the VO, who probably doesn't care anyway.

 

I worried a little about filing single but now all I'm worried about is whether my wife's cell phone battery will die before she finishes the call I hear her on in the next room.

[NUWORLD]

 

 

I'll take my chances with the IRS.

 

No problem. There is no penalty for overpayment of taxes. The IRS will not accept a return filed as married separate or jointly unless you have a tax ID number for your wife. So, if you file that way, they'll recalculate your taxes at "single", both delaying and reducing any refund or causing a penalty for underpayment of taxes, if you owe them more money.

 

So, as Randy said, if you don't lie to the IRS, they'll lie for you and say you're single. The only thing you gain by filing jointly without a tax ID number for your wife is that you can send a copy of that return with your I-134. This will look good to the VO, who probably doesn't care anyway.

 

I worried a little about filing single but now all I'm worried about is whether my wife's cell phone battery will die before she finishes the call I hear her on in the next room.

 

 

OK!!! I give in!!! I was going to start a new post on this subject but this one will do just fine for now!

 

I just got off the phone with the wife and explained everything about the Tax thing here in the US.

 

So long story short: The wife is sending me her passport ( I'm taking a big chance here )

I have filled out the W-7 and i will be E-mailing it to her today to get her to sign it.

I also understand that we both need to sign a letter. ( Attach a statement )

 

I have two questions.

 

ONE: How do i report her income, She has been work at the same place in China for over 6 years! and i know China does not have W-2s

 

TWO: How should the ( Attach a statement ) say and how shoul it be worded?

[LeeFisher3]

 

 

I'll take my chances with the IRS.

 

No problem. There is no penalty for overpayment of taxes. The IRS will not accept a return filed as married separate or jointly unless you have a tax ID number for your wife. So, if you file that way, they'll recalculate your taxes at "single", both delaying and reducing any refund or causing a penalty for underpayment of taxes, if you owe them more money.

 

So, as Randy said, if you don't lie to the IRS, they'll lie for you and say you're single. The only thing you gain by filing jointly without a tax ID number for your wife is that you can send a copy of that return with your I-134. This will look good to the VO, who probably doesn't care anyway.

 

I worried a little about filing single but now all I'm worried about is whether my wife's cell phone battery will die before she finishes the call I hear her on in the next room.

 

 

OK!!! I give in!!! I was going to start a new post on this subject but this one will do just fine for now!

 

I just got off the phone with the wife and explained everything about the Tax thing here in the US.

 

So long story short: The wife is sending me her passport ( I'm taking a big chance here )

I have filled out the W-7 and i will be E-mailing it to her today to get her to sign it.

I also understand that we both need to sign a letter. ( Attach a statement )

 

I have two questions.

 

ONE: How do i report her income, She has been work at the same place in China for over 6 years! and i know China does not have W-2s

 

TWO: How should the ( Attach a statement ) say and how shoul it be worded?

Just tell the IRS to take a flying leap, like their going to do something bad to you, you're currently dealing with the USCIS who has more power to make you unhappy.

 

Question One: As you have explained the US Tax situation to her and she knows that you will pay taxes on her world wide income ask her to officially tell you how much money she made last year.

 

Question Two: Use the wording from pub 519 page 10(I believe) and craft it to your specifics. Remember both of you must sign this.

[NUWORLD]

 

 

I'll take my chances with the IRS.

 

No problem. There is no penalty for overpayment of taxes. The IRS will not accept a return filed as married separate or jointly unless you have a tax ID number for your wife. So, if you file that way, they'll recalculate your taxes at "single", both delaying and reducing any refund or causing a penalty for underpayment of taxes, if you owe them more money.

 

So, as Randy said, if you don't lie to the IRS, they'll lie for you and say you're single. The only thing you gain by filing jointly without a tax ID number for your wife is that you can send a copy of that return with your I-134. This will look good to the VO, who probably doesn't care anyway.

 

I worried a little about filing single but now all I'm worried about is whether my wife's cell phone battery will die before she finishes the call I hear her on in the next room.

 

 

OK!!! I give in!!! I was going to start a new post on this subject but this one will do just fine for now!

 

I just got off the phone with the wife and explained everything about the Tax thing here in the US.

 

So long story short: The wife is sending me her passport ( I'm taking a big chance here )

I have filled out the W-7 and i will be E-mailing it to her today to get her to sign it.

I also understand that we both need to sign a letter. ( Attach a statement )

 

I have two questions.

 

ONE: How do i report her income, She has been work at the same place in China for over 6 years! and i know China does not have W-2s

 

TWO: How should the ( Attach a statement ) say and how shoul it be worded?

Just tell the IRS to take a flying leap, like their going to do something bad to you, you're currently dealing with the USCIS who has more power to make you unhappy.

 

Question One: As you have explained the US Tax situation to her and she knows that you will pay taxes on her world wide income ask her to officially tell you how much money she made last year.

 

Question Two: Use the wording from pub 519 page 10(I believe) and craft it to your specifics. Remember both of you must sign this.

 

 

Thanks lee!!! Your so right!!! and so true!!!!!

The USCIS i will say YES SIR! NO SIR!!!

With the IRS! Well i can"t say those words here on CFL!!!!

Edited January 28, 2007 by NUWORLD (see edit history)

[mikepellicore]

FYI

I went to the IRS office today, and they said my Notarized translated copy of the passport was good, but I also found out that if you have the passport with you, you can file right there, and you will have a much shorter wait for the refund, and "YOU DON"T HAVE TO LEAVE THE PASSPORT IN THEIR HANDS!" the translated and notarized copy must be mailed to the Austin, TX address for fastest processing. I hope this info will help someone. Mike

[NUWORLD]

FYI

I went to the IRS office today, and they said my Notarized translated copy of the passport was good, but I also found out that if you have the passport with you, you can file right there, and you will have a much shorter wait for the refund, and "YOU DON"T HAVE TO LEAVE THE PASSPORT IN THEIR HANDS!" the translated and notarized copy must be mailed to the Austin, TX address for fastest processing. I hope this info will help someone. Mike

 

Thanks Mike: I'm just wait for the wife to send me her passport. as for translating the passport.

My wifes passport is in both Chinese and in English!

I'm be making a short trip to the IRS office later next week.

[jtaylo69]

Ok, Here's one for those of you that totally get the IRS & all of their legal mumbo jumbo when it comes to taxes.

 

I am 110% totally lost & confused, but we do want to be able to take advantage of that so-called extra return income on that 1st year, but no matter where we look, or what forms we get, we just can not seem to make sence out of any of it.

 

Here is what I can tell you:

 

She arrived here in November of 2005, in which we also got married as well as recieved her ssn.

 

We filed married-joint. I didn't file anything special as for if she was an alien residence or anything like that (I was using Turbo Tax & it never asked for any of the such)

 

Well, after seeing some of the posts on here & how, during that 1st year, depending upon how one filed, one could really rack up on their return.

 

For most of 2005 (up until we left to bring her to US), she was both in school full time, as well as running her own beauty solon (which she ran privately)

 

Is there anyone here that can help walk us through the process in very simple terms? PM is ok if need be.

 

Thanks

[hakkamike]

I have a question, if I follow some of yours tax advice can I sue you if it aint right?

[LeeFisher3]

I have a question, if I follow some of yours tax advice can I sue you if it aint right?

Sure, just follow the link on the Paypal account.

[bobb]

You lucky people who have wives with little or no income. I, on the other hand will have to file separately in 2007 because her income would cause us to owe taxes. Married filing separately rates for 2006 are equal for a long time, but by the time they reach my taxable income level there is a $400 increase. I am assuming it will be the same for 2007.

[Zhen's Tiger]

hello, I am filing jointly, with W-7 for 2006. I read the address for filing in the first link here as Austin, TX! There was a mention of Philly, but no address. Does anyone have clarification?

Thanks, Mike

Hi Mike,

 

I know you wrote this a long time ago, but in case you still needed the info; I live 5 minutes from Philly, but still had to send it to Austin. [edited] I don't know why I didn't see you later Post before I replied, so I apologize as I see now you sent it to Austin... anyway, the info below is still valid if anyone wants to know an estimate on how long it can take to receive your Return. [edited]

 

Also, just in case anyone is wondering, I thought this was funny. Zhen just yesterday received her actual ITIN # from the IRS in the mail. Until yesterday we had no idea what the number actually was...

 

We filed for Taxes in late March, along with the W-7, and didn't get our Return until last month! She also received her SSN number last month, so now I guess the ITIN is useless, but it did get us the Return faster than waiting on a SSN & then filing, but still very slow. Worth it in the end though - it was by far the biggest Tax Return I have ever received!

 

Zhen & Steve

Edited July 10, 2007 by Zhen's Tiger (see edit history)

[LeeFisher3]

After receiving an SSN you should follow the process outlined in IRS Publication 1915 to make sure you don't have mismatched records in the future.

 

What steps do I have to take when I have an ITIN and become eligible for a Social Security Number?

Make proper application for a SSN and upon receipt advise the IRS ITIN Unit in writing of your new SSN. The new SSN will become the primary number and must be used for all future filing purposes. The IRS will void the ITIN. All prior tax information under the ITIN will be associated with the new SSN.

[Zhen's Tiger]

After receiving an SSN you should follow the process outlined in IRS Publication 1915 to make sure you don't have mismatched records in the future.

 

What steps do I have to take when I have an ITIN and become eligible for a Social Security Number?

Make proper application for a SSN and upon receipt advise the IRS ITIN Unit in writing of your new SSN. The new SSN will become the primary number and must be used for all future filing purposes. The IRS will void the ITIN. All prior tax information under the ITIN will be associated with the new SSN.

Wow Lee, thanks a million!! I never would have known we needed to do that. I'll be writing that letter today. This really is a great thread to have pinned, this info is vital to many people here - thanks again!!

 

Steve & Zhen

[NewDay2006]

My wife sent me her passport, I will submit an amended return and file jointly. My main reasoning for this is so when I send in tax returns, they will show her on my return. Hopefully this will be a positive thing when the interview arrives one day