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Income taxes with spouse abroad

By bruins in IR-1 / CR-1 Spouse Visa Process & Procedures

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newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

I've done some research into this but was still a little confused. My wife is unemployed and still a citizen of Vietnam, so I wasn't sure if we'd qualify to file as "married filing jointly". I may consult an account this year just to be safe.

What status is your wife? How many days did she stay in the U.S. for the year at issue?

If your wife is not a permanent resident, and did not stay half the year in the U.S., she is likely a nonresident alien for tax purposes. Normally, in order to file jointly, both people must be residents (unless she is a national of Canada, Mexico, or South Korea). In that case, the two of you would need to elect to treat the nonresident spouse as a resident. That would subject her income to U.S. taxes, but she has no income anyway, so it doesn't matter.

Married filing jointly is much better than married filing separately, especially if one of you has no income.

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keysjangle Rising Star

keysjangle   145

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

We did "married filing separately" for two years of returns. When I moved to the US and got my SSN, we amended our returns. That worked out quite well for us.

USCIS

Jul 15/11 - Sent I-130 Package from Honolulu

Jul 18/11 - I-130 package received & signed for in Chicago
Jul 19/11 - Priority Date
Jul 21/11 - NOA1/USCIS Acceptance Confirmation received
Jul 29/11 - Received I-797C hard copy
Aug 4/11 - Touched
Feb 16/12 - NOA2 Approval (212 days since Priority Date)


NVC

Feb 28/12 - NVC Case Number, BIN & IIN Assigned, Optin E-mail for EP Sent

Mar 2/12 - DS-261 Submitted
Mar 5/12 - Electronic Processing Opt-in Accepted, AOS Invoiced & Paid
Mar 7/12 - NVC receive IV electronic package, AOS shows "Paid", AOS Package Sent
Mar 9/12 - IV Bill Invoiced & Paid
Mar 12/12 - AOS fee shows as "Not Paid - Rejected": Human error. AOS re-paid.
Mar 13/12 - IV is "Paid." Will have to be re-paid post imminent "Rejected" status. NVC e-mail "Checklist Cover Letter" asking for my $$$
Mar 14/12 - IV is "Rejected - Not Paid", Re-paid, AOS is "Paid"
Mar 16/12 - IV is "Paid", DS-260 submitted & Package sent
Mar 19/12 - IV Package Received
Mar 20/12 - Case Complete E-mail Received (21 days at NVC)


Final Steps

Apr 10/12 - Interview date assigned: May 9 @ 8:30AM

May 1/12 - Medical Date
May 9/12 - Interview result: Approved!
Jun 22/12 - POE
Jul 23/12 - SSN assigned
Aug 10/12 - Green card in hand

ROC

Mar 25/14 - ROC sent to CSC

Mar 28/14 - Package delivered to CSC

Apr 1/14 - Check cashed

Apr 3/14 - Received NOA1, Receipt Date: 3/28

Jun 15/14 - Move to San Diego

Jun 23/14 - RFE / Package sent: Aug 6, ETA Aug 8

Aug 22/14 - New Card in Production

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

My husband filed an extension last year and we just did his taxes recently with my SSN after I moved.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

many accountants are clueless for ITIN requirements and the existence of IRS form W-7 and how to properly write/craft the cover letter.

Just saying.

Do it wrong? omit something? Then of course the ITIN office in Austin will reject it.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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slvrfx576 Explorer

slvrfx576   15

Posted
Filed: IR-1/CR-1 Visa Country: Bulgaria
 Timeline
Posted

The documentation for the W-7 (application for an IRS ITIN) was changed in 2012. The requirements are stricter than they had been. For example a simple photocopy, verified by an acceptance agent, is no longer enough. It must be the original document or a copy of that document which has been certified by the agency that issued it. Many are reluctant to send in an original passport or national ID card and be without it in the interim. (In Bulgaria it is against the law to not be carrying your National ID Card) And many foreign governments are reluctant to issue a "certified copy", not ever having been asked for such a thing before. (This happened to my wife...they looked at her like she was crazy)

Also note that an ITIN usually can only be applied for when accompanied by a tax return...so generally (unless an extension has been applied for) this means it can not be done until you are ready to file in Feb,Mar, or the 1st half of April of the year following the tax year. And it can not be filed electronically (See Darnell"s post), which is why it wont be available for quite some time in the IRS Tax Transcript system. But you don't need an IRS tax transcript for your I-864...a complete copy of your tax return as filed, with all schedules, W-2's, 1099's. and the W-7, is perfectly acceptable.

As pointed out by other posters, they are alternatives to using an ITIN for foreign spouses intending to immigrate:

1. The USC files "married filing separately" for the time being....later, when the spouse is here and gets a

an SSN, amend the previously filed return to "married filing jointly".

2. The USC can file an extension to gain an extra 6 months before being required to file the actual return.

If your foreign spouse will arrive here and get their SSN during this time, then you can file jointly

and on time. If, in a worst case scenario, the arrival is delayed...see step 1.

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