LynannC

Since my husband has to attach his tax return with the I-864 Affidavit of Support for my DS-230 at the NVC I have a few questions.

His tax accountant decided it was easier to file him as single since I haven't made it over yet and so don't have a SSN, but upon reading the IRS website he should have filed as married. Will his filing as single effect our visa process?

I also had a look at the requirements for using the W-7 to get an Individual Tax Identification Number and it requires my original passport for proof of non-resident status. Obviously since I hope to be traveling over to join my husband in a few months I don't feel comfortable with sending off my passport as proof of my status, but the only other document I have is a birth certificate, and I need two alternatives if I don't use my passport. How do we file a W-7 to amend the tax return without letting go of my passport, or going to London to have a photocopy notarized?

Also does my husband then file as married filing jointly or married filing single?

I know this isn't strictly an immigration issue, but it is related, so if anyone else has any advice or experience of this situation it would really help.

Thanks

Lyn

meauxna

Since when does the accountant choose 'easiest' over 'correct'? Are you SURE he filed 'single'???
The correct term is 'married filing separately'.

Filing 'single' doesn't fly, but he doesn't have to file jointly with you.

LynannC

Yes I'm sure he filed single. My husband didn't realise at the time he filed, as he sent the info to the accountant and even asked specifically about our situation. He got the completed return back when he returned from a trip to see me and only had a few days to send it in so he just signed it and sent it in. It was only after it was processed and I asked about using it as evidence of our marriage that he realised his status was down as single.

If he doesn't file jointly he still needs to provide either a SSN or ITIN for me, and we don't have either yet, and can't get either without me sending over my passport for who knows how long, which just isn't an option for me right now.

I guess he will have to go ahead with filing an amendment and the W-7, but will this hold up my visa?

Lyn

LizBeth

Lyn,

find a notary in your area http://www.thenotariessociety.org.uk/ - call a few to compare prices - shouldn't take longer than 20 mins of their very expensive time. They will photocopy your passport, put their seal on it, then it needs to be sent to the Foreign and Commonwealth Office in London http://www.fco.gov.uk/en/about-the-f.../legalisation/ for the apostille (you or the notary / solicitor's office can do it, but get them to, as it's quicker - the charge is £27 regardless).

Then you can submit it with the W7, your husband can file 'married, filing jointly' and you will get an ITIN until such time as you get an SSN.

meauxna

Normally, a US Notary Public is required (at least for immigration docs). Does a foreign notary work for this purpose?

Apostille is something else, to do with a Hague Convention treaty, to verify foreign issued civil documents. Oh, I guess that's why it goes to the Foreign Office.. I never heard of getting an Apostille for a W-7 passport copy.

BritishGuy36

His tax accountant is a moron and should be fired, poste haste.

As others have said, married filing seperately should have been how he filed.

LizBeth

The instructions in the W-7 specify the apostille as necessary proof that the foreign notary is who they say they are...otherwise I could have photocopied my passport myself without coughing up £67 in total. Not bitter

LynannC

Thanks for all the quick replies.

I am more than a little upset with the accountant, as my husband specifically asked about me when he sent in the info for the return, and again when we realized the error. Again he advised to just leave it as it was for now.

I can understand why as it seems really complicated now. Being in small town Scotland it seems notaries are few and far between around here, so it's another trip somewhere else to pay out even more money to authenticate a document I can't be without. It is extremely frustrating to get so far to be stopped just before the finishing post.

Now we have a choice of either hoping for the best and waiting until I get a SSN to amend, or we spend money we don't have just to authenticate a document we wouldn't need if it didn't take so long to get through immigration.

Has anyone else managed to get approved in this situation?

Lyn

mrssmith

You can file married without an SSN for the foriegn spouse as we did. Found the information on the US Embassy website i will have another look for you and get back.

mrssmith

I have just tried to earch for the information w used when filing my husbands 2007 tax return but cannot find it now! however he filed 'Married filing seperately' then in the box for ssn he wrote Non-resident alien. everything was fine and they seemed to accept that, this was on instructions somewhere that i now cannot find.
HTH

BritishGuy36

Yes that is the correct way to do it, and was what we were told by the very nice and helpful people on the IRS (London) helpline.

Married filing seperately, and if your spouse has never been assigned an SSN or ITIN, you put "non-resident alien" in the SSN field.

LynannC

Thank you Mrs Smith and British Guy

I will pass on the info to my husband. Hopefully amending the tax return won't delay my visa.

Lyn

Tracym

Realize the tax rates or deductions may be different - it is perhaps more than just changing the status from single to married.

LynannC

Just found out my DS230 has been approved and our case was completed yesterday, so the tax return didn't hold up our visa application.

My husband will be amending his return, as it will actually increase his refund. We might wait for my SSN though, just to simplify the process.

Thanks again for all the help and advice.

Lyn

meauxna

hi Lyn, I'm sorry to sound like a killjoy, but passing through the NVC document collection to 'case complete' means that all your documents are there and you're ready for interview. It does not mean that your DS-230 has been approved; the Consular Officer will do that, and he's the one who reviews the I-864.

Now, no one may notice, and if you're financially otherwise OK it may never get a mention, but I did want you to know that about DS-230.