Rules of Joint tax return

[lovemywife]

Hi, Every one,

Thank you for reading my questions and advice/opinion are deeply appreciated.

Me and my wife got married last December(2009) in China. We are filing CR-1 visa currently and interview schdelled as January,2011.

I filed tax return of 2009 as single status because I thought I was not supposed to file joint return until my wife got her social security number.Question 1, Does Guangzhou Embassy consider not filing joint return as a red flag for bonafide marriage? If indeed they need me filing joint return, would filing an addendum for 2009 tax return be acceptable? Question 2, Since our interview is schedulled for January 2011, would embassy require me to bring in 2010 tax return for the interview? NVC did not ask me any questions about 2010 tax return, well, may be we are still in 2010. But our interview will be in 2011. It is impossible for me to have 2010 tax return filed prior to the interview date. In the past experience we are still receving banks tax documents toward late Febrary. Am I worrying too much? Or this is legitmate concern. Thanks for help in advance. ZW

 

ps. In 2009 We just married as a couple for less than a month, (December,2009 got married)

[dnoblett]

I would contact an accountant and get an amended return filed.

 

Yes this is a red flag.

 

See:

 

http://candleforlove.com/forums/index.php?showtopic=42561

 

http://candleforlove.com/forums/index.php?showtopic=42423&view=findpost&p=563619

[lovemywife]

I would contact an accountant and get an amended return filed.

 

Yes this is a red flag.

 

See:

 

http://candleforlove.com/forums/index.php?showtopic=42561

 

http://candleforlove.com/forums/index.php?showtopic=42423&view=findpost&p=563619

 

Thank you for the link, happy holiday! ZW

[hugazebra]

Given that your interview is Jan 2011, your window to submit the amendment with W-7 request for ITIN is pretty tight.

 

As part of the ITIN application, you will need to provide notarized or certified copy of wife's proof of identity and foreign status. If you are in China with her, make an appointment with nearest US consulate to make a certified copy of her passport for USD$50. Otherwise she needs to go to a Chinese notary - and then you will have to submit that to your state secretary for notarization/certification in the US, all of which takes time. If you are a frequent traveller to US, you can bring your wife's original documentation to an IRS TAC office to get them back same day.

 

Don't worry about 2010 returns - those aren't due until April 15th 2011 for precisely the reasons you outlined.

 

If you have a strong case, i.e. lived in China with your wife for past year, my personal opinion is not to worry about the tax return. If not, and you are worried about a white slip and are willing to wait, you might consider delaying the interview another couple of months until you have the tax return sorted out, and possibly even have the 2010 returns ready in hand as well.

[lovemywife]

Hello, Thank you for your opinion. I think I will be able to send out the application of ITIN and amended return in time. But I am not able to get amended transcript for sure. I would write a statement and bring a copy of the filed ITIN number and amended return to GUZ for the interview. After filing this amended return, I will be able to get some money back. In other words I don't owe IRS any money. The whole purpose to file the amended return is to change the filing status from single to married jointly. I would write a statement explaining the time issue here. As far as reschduling the interview some people say it will be a bigger red flag. So I would keep current interview appointment. I would submit copy of amended return, ITIN number application, and a statement on the day of interview and hoping for the best. Thanks again! ZW