[pegasus117]

Hi,

I need very urgent help about filing tax returns for my federal for 2010 and 2011,it got delayed because of personal reasons.

My federal taxes for the year 2010 and 2011 were processed as single(H1B) through payroll though I got married and also my wife(H4) came on oct 31 2010 to U S A and with me till now.

I thought I would file tax returns as joint (or)married now and can get more money but right now my wife visa has expired and I am packing and selling all my stuff and also are going back to my country and did not apply for further status change(or)extension,

I went to H& R block and they said if we apply for ITIN number using valid passport of my wife but with expired visa in it and file federal returns for 2010 and 2011,it will get rejected for ITIN number.

I am kindly requesting your help to in filing federal returns for 2010 and 2011 and get processed as joint return,

So what should I do now?I want personal help in bridgeport(CT) to file returns as jointly


Thanks

[AtlantaTaxExpert]

You cannot file the 2010 return electronically; it MUST be mailed, and you should mail it with the Form W-7 to get your wife her ITIN.

You CAN apply for the ITIN before you leave, and put your home country address on the tax return and Form W-7. Do not close your U.S. bank account, because you will need it for direct deposit purposes.

Once you get the ITIN, you would then use the ITIN to file the 2011 return. If the ITIN is returned before the end of September, there would be time to file the 2011 return electronically.

The problem H&R Block refers to is an interim change to the IRS procedures. The IRS ITIN Processing Center no longer accepts notarized passport photocopies. You must get the photocopy CERTIFIED by your home country government. This certification CAN be done by your givernment consulate if you can get to one in the United States.

Otherwise, it might be easier to get it done once your return to your home country.

If you need professional help with this, I have done this process dozens of time for clients both IN the United States and in their home countries. You can find my emal address in my profile if you cannot see it here.