Filing I-130 for my wife and 2 month old baby

[billyc]

Just to be cautious.

 

My daughter was born in China in Jan right before I became US citizen in April. She is still qualified for the I-864W, right?

[dnoblett]

Just to be cautious.

 

My daughter was born in China in Jan right before I became US citizen in April. She is still qualified for the I-864W, right?

Yes, she now has a US citizen as a parent, just did not qualify for register birth abroad.

[billyc]

One more followup question regarding the tax return. I only need to provide the federal tax return for the I-864. Do I need to include the state tax return as well?

[dnoblett]

One more followup question regarding the tax return. I only need to provide the federal tax return for the I-864. Do I need to include the state tax return as well?

Correct.

 

No state returns, only federal, you are dealing with the federal government, not your home state, and also what they are looking at on the returns is your income, this is the same on state and federal returns.

 

Lastly many states hav no income tax, so no state returns.

[billyc]

Dan,

 

As usual, thanks for the quick responds. You are awesome!

[billyc]

Need help urgently! I tried to file my tax return as married file separately. However, it does not allow me to file because my wife as no S/N or TIN. Can I file as single? or Should I file as joint? How can I sort out the TIN issue?

[dnoblett]

Need help urgently! I tried to file my tax return as married file separately. However, it does not allow me to file because my wife as no S/N or TIN. Can I file as single? or Should I file as joint? How can I sort out the TIN issue?

Where does wife live, if near a US Consulate getting an ITIN is not all that hard. Do not file as single, you are married can should never file that way, I have seen one visa get denied because of that.

 

ITIN Topics:

http://candleforlove.com/forums/tags/forums/ITIN/

http://candleforlove.com/forums/topic/45170-getting-a-certified-copy-of-a-chinese-passport/

 

Tax Topics:

http://candleforlove.com/forums/tags/forums/Taxes/

[billyc]

My wife lives in Shanghai. We contacted Beijing IRS office, they said they don't issue ITIN nor have a phone call with us. They ask to submit our joint tax return with the W-7 application in US. However, I am not sure how long this will take. If our I-130 process goes right, we are expecting in June or July, the NVC will contact us.

[billyc]

I have filed my tax extension for 2012. If I submit my tax extension with 2009 to 2011 tax return to the NVC, will that be sufficient?

[Randy W]

Need help urgently! I tried to file my tax return as married file separately. However, it does not allow me to file because my wife as no S/N or TIN. Can I file as single? or Should I file as joint? How can I sort out the TIN issue?

 

 

You are filing electronically? Why not send in a paper return? I don't think the ITIN is required when filing Married filing Separately. Electronic submission of your tax returns subjects it to some exclusions that aren't required of paper returns.

 

To do this properly, you would need to file a W-7 to request an ITIN for your wife. This is submitted ALONG WITH your tax return (they will fill in the ITIN for you). But paper only for this.

 

In my opinion, yes, you may file Singly, although others claim you are "lying" to the IRS. In my own opinion, you are simply paying more taxes than you need to by doing this, and would not be subject to any penalty.

or fines because of it. But, yes, you do need to consider the immigration issue.

 

The mail to the U.S. only takes a week - be sure to send it EMS. Don't forget, you're already late. But you may be eligible for an automatic extension because of living in a foreign country. Anything you owe, however, may be subject to late fees and penalties. The return is considered submitted as of the date it was mailed.

[Randy W]

I have filed my tax extension for 2012. If I submit my tax extension with 2009 to 2011 tax return to the NVC, will that be sufficient?

 

No - they expect the actual tax return

[billyc]

The difficult part for me and my family is I am living in US and my wife and 4 month old daughter live in Shanghai. We want to get the green card for them, so our family can reunited again.

 

No matter file the tax as married joint filing or married separately, the TurboTax will always ask for the SSN or ITIN. If I print out and file with mail, I am afraid the IRS will ask the ITIN as well. By just mail my tax return will be enough for the NVC?

 

To get the W-7, my wife will need to get her passport copy notarized at Embassy. Any one knows how would she do that? Will the US embassy to allow a Chinese citizen to enter and apply for the notary? How can she make an appointment for that?

 

Please advise! Thanks

[billyc]

I found the notary service on US Shanghai Consulate web site. I will ask my wife to get the password notary.

[billyc]

There are some confusion in the topic DAN referred: http://candleforlove.com/forums/topic/45170-getting-a-certified-copy-of-a-chinese-passport/

 

It sounds like we can not use the Consulate notarized passport copy to file and get the ITIN?

[billyc]

Can I ask my wife to send me her Chinese passport and I go to an IRS Acceptance Agent to file the W-7 application?