1-485 Interview Preparation

[hey_jay45]

Important Dates:

12/17/06 - Marriage to US Citizen spouse
01/23/07 - Application Pack (I-130/I-485/I-765/I-131) Sent to USCIS Chicago Lockbox
01/25/07 - Receipt Date from USCIS for all 4 applications (processed at National Benefits Center in Missouri)
01/29/07 - Notice Date for all 4 applications
02/01/07 - Biometrics Appointment Notice Date
02/15/07 - Biometrics Taken at Gardena, CA ASC
02/14/07 - Notice Date for I-485 Initial Interview!!!
04/03/07 - Scheduled interview at Los Angeles District Office

I'm posting so that I may be of mutual support to everyone who has been participating in the forums for this brilliant website..

Basically, here's my story...

I entered the country back in 3rd week of September as a B1-B2 visitor but was only given 90 days max stay in my I-94. I was here to visit friends and family and my US citizen girlfriend whose birthday is Oct 18.. There was really no intention for me to stay here and get married, but we decided to as a Christmas gift to each other and celebrate our love..

Through extensive research, and to save money for lawyer fees, we were able to submit the application pack with all the requirements. Hassle-free and no RFE's, I'm really surprised (pleasantly) to receive an interview date well ahead of what I'm expecting..However, I'm stressing now as the mammoth checklist that I received includes evidences of relationship/cohabitation documents/joint documents..

Here are our concerns:
1. Me not having an SSN yet, we could not open a joint bank account as it is a requirement. Also, does anyone know if this is the same case for insurances? As my wife is saying I may not be able to be included as her beneficiary because of this? Would she be able to make me also as a co-owner of her car?

2. We live at my aunt's apartment and the lease is solely under her name, as the landlord will definitely increase the rent if we would be included. All utility bills are under her name. Would it be a good idea if she'll give us a notarized affidavit that states our circumstances,i.e. that we live with her and she pays the rent and all the bills?

3. Only 2 months in the marriage, we don't have much letters yet addressed to both of us, but we are already asking friends to send us letters. I am also thinking of requesting a notarized statement from a few close friends that they know us personally and that we do live as a married couple and that the marriage is in good health..

4. This is the most crucial..my wife and I have a 15-year age gap, but doesn't really show!!!she's a hot mama and she just simply can't resist my boyish charms!lol we're just like any other normal couple who love each other...other than that we're ok..we are from the same race, speak same language, from same hometown, similar education, similar interests...

5. Would you suggest that we hire a lawyer, and if yes, how much would be the fee for the consultation, and for the fee when he would accompany us to the interview?

6. I'm not very sure, but will I still receive an EAD prior to the interview? Cause this will facilitate my application for an SSN..however, given this tight timeframe, will it be able to be released in time for me to be included as my wife's beneficiary in her auto/life insurances, and to open a joint bank account..

7. My wife has not filed for her 2006 income tax return yet as we are optimistic in having my SSN before the cut-off date, and we could file a joint return, but do you think it's better for her to file now, but then again, she could not include me as i don't have an SSN yet..is this the case?or can I be included eventhough I don't have one..

So guys, please do help me in this very stressful situation we're in now...nearly a month to go for some anxiety...really, I can't eat and already losing some weight!!Your words of wisdom, prayers, suggestions and comments will be much highly appreciated!!!Guys on the process of preparing to submit their I-130/I-485 packs, I'm willing to share some tips..

God Bless everyone!!

[fchiriani]

tax return

Important Dates:

12/17/06 - Marriage to US Citizen spouse
01/23/07 - Application Pack (I-130/I-485/I-765/I-131) Sent to USCIS Chicago Lockbox
01/25/07 - Receipt Date from USCIS for all 4 applications (processed at National Benefits Center in Missouri)
01/29/07 - Notice Date for all 4 applications
02/01/07 - Biometrics Appointment Notice Date
02/15/07 - Biometrics Taken at Gardena, CA ASC
02/14/07 - Notice Date for I-485 Initial Interview!!!
04/03/07 - Scheduled interview at Los Angeles District Office

I'm posting so that I may be of mutual support to everyone who has been participating in the forums for this brilliant website..

Basically, here's my story...

I entered the country back in 3rd week of September as a B1-B2 visitor but was only given 90 days max stay in my I-94. I was here to visit friends and family and my US citizen girlfriend whose birthday is Oct 18.. There was really no intention for me to stay here and get married, but we decided to as a Christmas gift to each other and celebrate our love..

Through extensive research, and to save money for lawyer fees, we were able to submit the application pack with all the requirements. Hassle-free and no RFE's, I'm really surprised (pleasantly) to receive an interview date well ahead of what I'm expecting..However, I'm stressing now as the mammoth checklist that I received includes evidences of relationship/cohabitation documents/joint documents..

Here are our concerns:
1. Me not having an SSN yet, we could not open a joint bank account as it is a requirement. Also, does anyone know if this is the same case for insurances? As my wife is saying I may not be able to be included as her beneficiary because of this? Would she be able to make me also as a co-owner of her car?

2. We live at my aunt's apartment and the lease is solely under her name, as the landlord will definitely increase the rent if we would be included. All utility bills are under her name. Would it be a good idea if she'll give us a notarized affidavit that states our circumstances,i.e. that we live with her and she pays the rent and all the bills?

3. Only 2 months in the marriage, we don't have much letters yet addressed to both of us, but we are already asking friends to send us letters. I am also thinking of requesting a notarized statement from a few close friends that they know us personally and that we do live as a married couple and that the marriage is in good health..

4. This is the most crucial..my wife and I have a 15-year age gap, but doesn't really show!!!she's a hot mama and she just simply can't resist my boyish charms!lol we're just like any other normal couple who love each other...other than that we're ok..we are from the same race, speak same language, from same hometown, similar education, similar interests...

5. Would you suggest that we hire a lawyer, and if yes, how much would be the fee for the consultation, and for the fee when he would accompany us to the interview?

6. I'm not very sure, but will I still receive an EAD prior to the interview? Cause this will facilitate my application for an SSN..however, given this tight timeframe, will it be able to be released in time for me to be included as my wife's beneficiary in her auto/life insurances, and to open a joint bank account..

7. My wife has not filed for her 2006 income tax return yet as we are optimistic in having my SSN before the cut-off date, and we could file a joint return, but do you think it's better for her to file now, but then again, she could not include me as i don't have an SSN yet..is this the case?or can I be included eventhough I don't have one..

So guys, please do help me in this very stressful situation we're in now...nearly a month to go for some anxiety...really, I can't eat and already losing some weight!!Your words of wisdom, prayers, suggestions and comments will be much highly appreciated!!!Guys on the process of preparing to submit their I-130/I-485 packs, I'm willing to share some tips..

God Bless everyone!!

for tax porpuses you can get an ITIN number, use form W-7 of IRS

[hey_jay45]

thanks

thanks fchiriani!

but if i came here only in September 2006 and don't really have an income as I am not yet eligible to work, is it possible to request for that ITIN?as my wife and I have been deliberating on it as she insists if I don't have an SSN then there's no way she could jointly file the tax return..

what preparations have you been doing?this process really stresses me!!

thanks again!

[fchiriani]

taxes

thanks fchiriani!

but if i came here only in September 2006 and don't really have an income as I am not yet eligible to work, is it possible to request for that ITIN?as my wife and I have been deliberating on it as she insists if I don't have an SSN then there's no way she could jointly file the tax return..

what preparations have you been doing?this process really stresses me!!

thanks again!

I don't work either, My husband claimed me as a dependant. I have being here for during 2006. I am not sure about you but I think she can still claim you. You should call your local IRS Office you will have to file it there by paper not electronically, it takes a long time for the return. The ITIN you get in 2 weeks or so.
None of the places that prepare taxes know about this number, I try asking around but I knew more than them.
Check out http://www.irs.gov/individuals/artic...=96287,00.html and search for W-7 or ITIN (Individual Taxpayer Identification Number ) info.

[kkboy]

you also have to notify IRS...

...that you are claiming a "non resident spouse as a resident for taxation purposes" . They have details of that on irs.gov, you do have to get a confirmation that they received your request and then only u can claim ur NR spouse as a dependent. I have done that in the past for my wife....

Chiriani is right, you have to send such tax returns by snail mail....not electronically.

[hey_jay45]

thanks - irs process?

...that you are claiming a "non resident spouse as a resident for taxation purposes" . They have details of that on irs.gov, you do have to get a confirmation that they received your request and then only u can claim ur NR spouse as a dependent. I have done that in the past for my wife....

Chiriani is right, you have to send such tax returns by snail mail....not electronically.

Thanks kkboy!

i have indeed checked on irs.gov website and have seen the instructions regarding it but still wanna doublecheck with you guys..

my wife's tax preparer is h & r block, can we fill-up the w-7 form for the itin and give it to our tax preparer for our 2006 tax return? cause it says in order to request an itin, it should be done along with a tax return being filed... and how about that request, do we have to send it to the irs by mail, then wait for a response from them, until then we could file our 2006 joint tax return?

sorry for being such a trouble, but could you please give me a step-by-step instructions on how to do it, as you have done before for your wife? cause we only have about 5 weeks to go before the interview and we want everything to be sorted out asap to ease our worries...

thanks a lot for your help and god bless!

[kkboy]

don't worry, you can even amend 2006 returns with that info...

You are welcome, jay.

As for the ITIN issue, I cannot answer that cos my wife did have a soc sec number b4 we filed the taxes. Hopefully, fchiriani writes back in this thread and advices you.

I can, however, take care of the second part of your question about "how to add the non resident spouse as resident for taxation purposes"

>>> and how about that request, do we have to send it to the irs by mail, then wait for a response from them, until then we could file our 2006 joint tax return?
----------------

This is from IRS's website:

How to Make the Choice

Attach a statement, signed by both spouses, to your joint return for the first tax year (that would be 2006 for you) for which the choice applies. It should contain the following information:

1. A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year
2. The name, address, and identification number (Jay, not sure what identification # will apply to you since you don't have A#, Soc SEc or ITIN currently) of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

Amended Return

You generally make this choice when you file your joint return. However, you can also make the choice by filing a joint amended return on Form 1040X, Amended U.S. Individual Income Tax Return (PDF).
-------------------

All I did was take a blank paper and type up the info as per "1.) above informing the IRS that I am going to treat my NR spouse as R for this year's tax returns and mailed it alongwith my 1040 for federal filing. Because of this extra paper, I was not able to file electronically...since I didn't want to really amend the returns after filing them once.
ALSO, I sent 1 more copy of that page to the IRS and requested clearly in the first one to confirm and acknowledge the receipt by stamping and mailing back the 2nd copy in a self addressed envelope with first class postage prepaid( you do this). IRS should mail the 2nd copy to you by confirmimng that they received and acknowledged the change of "NR--> R for tax purposes".

In reality, I hope that during your 485 interview, IO would not care if your spouse made that choice (NR spouse -> R for tax etc) or not..but it will be the accurate legal step for you guys to do in order to file taxes jointly ( At least for IRS).
I hope I am clear enough with my answer. Sorry again about the ITIN thing..I do not have info for that.

[kkboy]

Some more info that might help

WAMU (washington mutual) lets you open a bank account without SOC SEC number. Check about that in your location...

Just did some reasing on the IRS site, I think this is possible ( but call the IRS helpline..they are very helpful in such cases....most likely they will just read thru each publication that applies..but ucan actually confirm things with an IRS employee , he even gives u his emp id for any followup issues etc).

Also, Ask your spouse to immediately file Federal returns with this extra page (about your status treatment) AND alongwith the ITIN application, leaving the Soc Sec/ ITIN field for you (BLANK)....hopefully within 2 weeks, you shud get ur ITIN.

Immediately file for amendedment to the 1040 form...that's all , kkeep a cpy ofo the amendment and take alongwith you guys to the 485 interview!! You should be ok with that proof in your hand. Legit !

[fchiriani]

taxes

WAMU (washington mutual) lets you open a bank account without SOC SEC number. Check about that in your location...

Just did some reasing on the IRS site, I think this is possible ( but call the IRS helpline..they are very helpful in such cases....most likely they will just read thru each publication that applies..but ucan actually confirm things with an IRS employee , he even gives u his emp id for any followup issues etc).

Also, Ask your spouse to immediately file Federal returns with this extra page (about your status treatment) AND alongwith the ITIN application, leaving the Soc Sec/ ITIN field for you (BLANK)....hopefully within 2 weeks, you shud get ur ITIN.

Immediately file for amendedment to the 1040 form...that's all , kkeep a cpy ofo the amendment and take alongwith you guys to the 485 interview!! You should be ok with that proof in your hand. Legit !

Hey guys!
Jay I help tell you what I did, I know nothing about the amendedment that KK mentioned.
I went in person to the local IRS office and they told how to do it, you fill all the W-7, get copies of your passport and tourist visa, your spouse's sscard and your 2006 tax return (I did our own taxes but maybe you can explain this to the H&R people and they can figure it out for you and give it to you to take it to the local office or something). To get the ITIN you only do Federal taxes and once you have the ITIN number you file State taxes, I had to do this by snail mail too, because it is the first time I used the ITIN number and it wasn't on the STate database yet. I still haven't gotten the return but I got the ITIN and the taxes you can try tracing online.
I hope this can help you.
I regard to bank account, I got an account with my passport number and recently my husband (american citizen) added me to his account just with my passport number. Our bank is WElls Fargo.

Let me know if you need more clarifications

[hey_jay45]

thanks a lot - irs address?

WAMU (washington mutual) lets you open a bank account without SOC SEC number. Check about that in your location...

Just did some reasing on the IRS site, I think this is possible ( but call the IRS helpline..they are very helpful in such cases....most likely they will just read thru each publication that applies..but ucan actually confirm things with an IRS employee , he even gives u his emp id for any followup issues etc).

Also, Ask your spouse to immediately file Federal returns with this extra page (about your status treatment) AND alongwith the ITIN application, leaving the Soc Sec/ ITIN field for you (BLANK)....hopefully within 2 weeks, you shud get ur ITIN.

Immediately file for amendedment to the 1040 form...that's all , kkeep a cpy ofo the amendment and take alongwith you guys to the 485 interview!! You should be ok with that proof in your hand. Legit !

thanks a lot my friend kkboy!!

sorry for being a nuisance, but to which irs address should it be sent?should it be in our local irs office, or is there a specific irs mailing address where this concern should be sent to?

words arent enough to say how grateful i am for all your help..

jay

[hey_jay45]

needs clarification..

Hey guys!
Jay I help tell you what I did, I know nothing about the amendedment that KK mentioned.
I went in person to the local IRS office and they told how to do it, you fill all the W-7, get copies of your passport and tourist visa, your spouse's sscard and your 2006 tax return (I did our own taxes but maybe you can explain this to the H&R people and they can figure it out for you and give it to you to take it to the local office or something). To get the ITIN you only do Federal taxes and once you have the ITIN number you file State taxes, I had to do this by snail mail too, because it is the first time I used the ITIN number and it wasn't on the STate database yet. I still haven't gotten the return but I got the ITIN and the taxes you can try tracing online.
I hope this can help you.
I regard to bank account, I got an account with my passport number and recently my husband (american citizen) added me to his account just with my passport number. Our bank is WElls Fargo.

Let me know if you need more clarifications

hi flavia! (sorry, got to check your first name on the tracker..)

the first bit i understand, but can i have a clarification on this part please:

To get the ITIN you only do Federal taxes and once you have the ITIN number you file State taxes, I had to do this by snail mail too, because it is the first time I used the ITIN number and it wasn't on the STate database yet. I still haven't gotten the return but I got the ITIN and the taxes you can try tracing online.

so, are you saying that we let our tax preparer do our taxes first, then we should go to our local irs office and fill up a w-7 form and submit it along with the tax return, and probably the request that kkboy has mentioned earlier regarding an alien spouse being treated as a resident for tax purposes?

how exactly was the process for you, and what was the timeframe?i'm really concerned about it as ive said, we're only 5weeks away from the interview..

thanks alot for your help amiga..

jay

[fchiriani]

taxes

hi flavia! (sorry, got to check your first name on the tracker..)

the first bit i understand, but can i have a clarification on this part please:

To get the ITIN you only do Federal taxes and once you have the ITIN number you file State taxes, I had to do this by snail mail too, because it is the first time I used the ITIN number and it wasn't on the STate database yet. I still haven't gotten the return but I got the ITIN and the taxes you can try tracing online.

so, are you saying that we let our tax preparer do our taxes first, then we should go to our local irs office and fill up a w-7 form and submit it along with the tax return, and probably the request that kkboy has mentioned earlier regarding an alien spouse being treated as a resident for tax purposes?

how exactly was the process for you, and what was the timeframe?i'm really concerned about it as ive said, we're only 5weeks away from the interview..

thanks alot for your help amiga..

jay

That's fine Jay...
Have the people at H&R Block do your taxes in the IRS Paper, the pink one, I think it is, but they should not file it, have them give it to you to file it personally.
Fill in the W-7 with Adobe Acrobat, print it and take it along with the pink IRS form to the local IRS office (you can find where it is on the IRS web page). In 2 weeks you will get you ITIN and the taxes take between 4 to 6 weeks. Make sure you make copies of everything to show in your interview.
The letter that the IRS will send you with your ITIN number is per se a receipt that you made your taxes because legally with out doing your taxes you coun't get that number.

After you get the ITIN #, you do your State Taxes including your itin instead of SSN and this state taxes you send by reg mail to the State REvenue Office mention on the forms or publication.

Let me know if I am not being too clear, I know how hard it is to understand all of this, I had to do all of this my self to understand, and not to mention all the books and phone calls I made..hehehehe
Buena Suerte Amigo!!
Flav

[kkboy]

I remember exactly now...

...why a request to treat a NR spouse as a resident for tax purposes is filed for.

IRS does not allow joint filing if one spouse is a PR or Citizen and the other is a NR.... UNLESS, the filer uses this clause and gets his spouse treated as a resident. Otherwise, taxes should be filed seperately. That's why I rushed to get this done in the past to have proof of joint filing. IT's a one time thing only.

Jay, As for mailing the forms, I had to post my returns seperately to Sacramento (Federal) and FRESNO ( state). Only sent the request to the SACRAMENTO office. Usually, FEDERAL and STATE filing is done at different locations. Your tax guy should be able to definitely tell you that...he's charging you $ for all this . IT's always written on the form ( 1040 and 540) as well, where to post them etc.

And, don't worry a lot, as long as your spouse has the W2s for the past 3 yrs or so and has filed taxes properly, you should be just fine. Just get the bank account and this yr's taxes done properly and you should be in good shape. Add the usual wedding photos, copies of same credit card etc as well. goodluck.

[hey_jay45]

update..

hi guys, especially to kk and flav..

just a few update, i'm so glad today that we have been able to open a joint bank account at Bank of America, me being me never giving up has finally paid off..

flav and kk, with regard the itin and tax return, i did fill-up a form w-7, had a copy of my passport notarized, then our taxes are currently being prepared by our tax guy..hopefully next week we could mail it to the irs itn operations center in texas..i have attached a duplicate copy of the cover letter, as per kk's advice, to have it as a proof that we have indeed applied for an itin and filed our 2006 return..i have also stated there if it is possible to expedite the processing as we need the documents for the april 03 interview..

i also got a supplementary card from blockbuster today as my wife is already a member..

so far, so good..exactly 1 month to go..i do hope that everything will go smoothly and fall into its rightful place..

again, special thanks to flav and kk..goodluck guys to your aos journey..may god bless us all!

jay