tax question

[geenee 0]

So a friend of mine had this question...

Just wondering if anyone has experience with this:

I filed my taxes as a single in Texas this year 07

Unless the person has a

SSN OR WORKS

CANNOT FILE on tax

We were married on March 2 ,2007. She obviously does not have a SSN, and does not live in the US yet.

I filled single

am I in trouble when time for the interview

I am in the K-3 process

Please help if you might know ...... I dont even know how to post this in the forum ...

please help me

I couldnt really answer seeing as I havent been there in my journey yet... but I too filed single so I too am curious if anyone know anthing about this subject it would greatly help ....thanks

[malego77 2]

If she wasn't in US at the time of you filed I think there isn't any problem. But at least you could list her as your dependant. But I think it doesn't matter too much for now. The important thing to do is when she comes to USA you can file together in order to have more evidence for Adjustment of Status. Good luck

[*JG* 2]

You would need an TIN number to file with her.

You will not be in trouble for filing without her at interview.

I would probably consult a tax preparer. You may actually receive more of a refund by filing as married and with her. You can always amend.

You will not receive any of the economic stimulous on her since she doesn't have a SSN.

[coolgt 0]

you won't be in trouble when you are at the interview. your fiance will not be in trouble either.

if you file tax this year as single that is will be fine.

here is my situation to to clear your mind out a little.

i am a cr1 file, i been married for 2 years now. file for ITIN reject, spouse doesn't have SSN.

i can file for single or married. 07 tax i file my tax return as married jointly where my spouse still not in US and don't have SSN. i still get refund. the only thing i see is i cannot claim her as dependent so there is only 1 exemption instead of 2.

when you are at the interview. they will likely ask for your I-864 which is all your financial information not your fiance/spouse. so you are safe at the interview

[produke 0]

Like you, I was married in the 2007 tax year, so I filed as "Married filing joint with spouse". It did not make any sense to file single, as I was counting on a huge return if I filed jointly . Additionaly, I think USCIS will want a copy of your return, so its another proof of your maritial status if you are claiming your wife.

All I had to do was send in my wife's notarized passport copy, a notarized statement saying I am married to my wife, she lives abroad, I love her dearly and bla bla bla and please assign her an ITIN, and a W-7 form requesting an ITIN number for her . I sent these documents in with my 1040 form. These have to be mailed, and cant be e-filed. In a month, IRS sent me her newly assigned ITIN #. I am awaiting the return.

For the state, I sent in a request for extension form, and next to wife's SSN, I wrote "applied for". Lo and behold! the state sent an ITIN number for my wife, and it was different than Federal ITIN. Once I got the state ITIN, I sent in state return.

I think youi should call IRS and state you made a mistake. They will definately help you, and arent there to get you.

See http://www.irs.gov/individuals/article/0,,id=96287,00.html

Edited June 1, 2008 by produke

[Nich-Nick 3,354]

I think your friend should have filed married filing separately since he was married in 2007 but only wanted to show his income.

He could also have filed married filing jointly with a ITIN Individual Taxpayer Identification Number for the non-resident alien spouse. But there are a lot of complicated rules. Like you have to count worldwide income that you both earn and report foreign bank accounts. I don't think you are actually taxed on her income if it wasn't earned from a US source, but you show it on the return and fill out lots of boxes to say it wasn't earned from a US source. That's why it's kinda complicated...more pages and boxes to fill in. This is a IRS Publication US Tax Guide for Aliens http://www.irs.gov/publications/p519/index.html

If anybody wants to correct what they filed and change it, they file a Form 1040x corrected return. If the friend lived in Texas, he doesn't have a state income tax, so no worries about correcting that one.

Only an opinion here so don't take it as gospel truth: I also don't thing government agencies "talk" to each other much, so IRS wouldn't tell US Dept of State that he filed single and Embassy wouldn't tell IRS he made a mistake in his filing status. And the embassy probably might not even scrutinize it that carefully. They are probably just going to look at adjusted gross income to see how much it is. (I've read tax code where they want illegal aliens in the US to file tax returns. I asked a tax preparer why an illegal would claim in a form to be illegal. Wouldn't they be reported? She said, no, the agencies don't talk to each other. Weird)

Edited June 1, 2008 by Nich-Nick