tax advice -does it affect immigration process

[sgr 0]

I sopke to one CPA yesterday..He told me its better to file married filing seperately for 2007 since ...my wife is in india and on immigration process to get approved .That way it won't affect her immigration process.He also told me that she ahs to be here at least 1 month here in usa to file jointly with ITIN....

The only advantage i have filing jointly ...a stimulas package $ 600.

Whats my best option now? any thoughtS??My goal it should not affect her immigration process since i am legally married in november 2007.

[Delicia 1]

You are not eligible for the stimulus refund per the IRS:

Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment — if only one has a valid SSN, neither can receive the payment.

[reeses16 8]

I think you should file separately. To get the rebate both people must have a Social Security Number. Visit http://www.irs.gov/newsroom/article/0,,id=179181,00.html , scroll down to the Tax Identification Number section.

Q. I have an ITIN, but my spouse has a valid Social Security number. Can we get a payment?

A. If you and your spouse file a joint return, you will not get a stimulus payment. If your spouse files a separate return, your spouse may qualify for a payment, based on his or her income deductions and credits.

Filing separately should not affect her immigration process. If you are concerned, just print that page out, highlight the part about the TIN/Rebate eligibility and attach it your tax transcript when you send it.

Edited April 3, 2008 by reeses16

[brnidokiegurl 0]

we filed jointly never was told that about immigration or problems of timelines, read up on the tax website from what i have heard thats not true but we wont get the extra stimulus

[adinath521 0]

You can file jointly since you married before Dec. 31. I do not think that you have to live together to file jointly. Living together requires to get some credits or deductions. If you file jointly, it should not effect immigration process at all. You will not be able to qualify to get rebate since you will be using ITIN for your spouse rather than SSN. But your standard deduction will increase and you will get one more exemption by filing jointly.

[pushbrk 13,058]

You can file jointly since you married before Dec. 31. I do not think that you have to live together to file jointly. Living together requires to get some credits or deductions. If you file jointly, it should not effect immigration process at all. You will not be able to qualify to get rebate since you will be using ITIN for your spouse rather than SSN. But your standard deduction will increase and you will get one more exemption by filing jointly.

You may also file separately now and amend your return to joint later.

[sgr 0]

You can file jointly since you married before Dec. 31. I do not think that you have to live together to file jointly. Living together requires to get some credits or deductions. If you file jointly, it should not effect immigration process at all. You will not be able to qualify to get rebate since you will be using ITIN for your spouse rather than SSN. But your standard deduction will increase and you will get one more exemption by filing jointly.

You may also file separately now and amend your return to joint later.

When can I amend my return to joint ?? when she comes back to USA this year??

[Marlita 0]

You should definitely file seperately and claim your wife as a an exemption. DO NOT file jointly or you get no money. I did my taxes online and it estimated my stimulous refund to be a little under $600.

[lucyrich 20]

I sopke to one CPA yesterday..He told me its better to file married filing seperately for 2007 since ...my wife is in india and on immigration process to get approved .That way it won't affect her immigration process.He also told me that she ahs to be here at least 1 month here in usa to file jointly with ITIN....

Whats my best option now?

Your best option is to get a new CPA.

You've already gotten the correct info here that, by filing a joint return where one spouse has an ITIN, you'd give up the economic stimulus, so you may be better of filing separately anyway. But your CPA is flat out wrong in saying that she's got to be here for at least one month to file jointly with an ITIN.

See IRS Publication 519, the tax guide for aliens, available on irs.gov

There's a paragraph there on treating a nonresident alien spouse as a resident. You may write and sign a letter and attach it to your return, declaring that you want to consider her as a US resident for the entire tax year. This allows you to file a joint return and benefit from the lower tax rates and higher exemptions. Whether the benefit is enough to offset the stimulus payment you'd forgo depends on the details of your own tax situation.

I could forgive a CPA for not knowing that, if the CPA had no experience doing tax returns for aliens. I'd have a harder time forgiving a CPA for not knowing where to look it up. And I would not forgive a CPA for stating the incorrect information as factual without even trying to look it up or verify it.

BTW, you won't harm the immigration process regardless of filing jointly or separately. What IS important is that you use one of the married statuses, and not file as "single". It's also important that, after she gets her green card, she must file every year and not declare herself to be a "nonresident" on her tax returns.

[rjp44 1]

I sopke to one CPA yesterday..He told me its better to file married filing seperately for 2007 since ...my wife is in india and on immigration process to get approved .That way it won't affect her immigration process.He also told me that she ahs to be here at least 1 month here in usa to file jointly with ITIN....

The only advantage i have filing jointly ...a stimulas package $ 600.

Whats my best option now? any thoughtS??My goal it should not affect her immigration process since i am legally married in november 2007.

If you were married in 2007 you have to file as married, either jointly or seperately. You can file a joint return if you both sign a letter that you wish your wife to be treated as a resident alien for tax purposes for 2007. This will let you take the exemption for your wife and it will allow you to file exclusion of foreign income up to $85,000 that your wife earned....her income must be inclued in a joint return. If you need further advice, call the IRS and explain your question and they will transfer you to someone who is an expert in the specific area.

[Tyrobe 1]

I filed married filing jointly to reduce my tax braket by 10%. It made a big difference for me. I attached W-7 form along with her certified copy of passport page in my tax filing. As for stimulus check of $1200, I'll claim it later when my wife gets her. For Affidavit of Support, I'll include this year's 1040 and W-2, as well as the past two years' tax transcripts, and I see no reason it would delay my case.

Stimulus Payment Schedule:

Find when your payment is due by using the last 2 numbers of your social security number.

If you filed your taxes using direct deposit:

00-20 May 02

21-75 May 09

76-99 May 16

If you filed your taxes through the mail:

00-09 May 16

10-18 May 23

26-38 June 06

39-51 June 13

52-63 June 20

64-75 June 27

76-87 July 04

88-99 July 11

[Gaby&Talbert 1]

everyone needs to look at the benefit of filing joint also for the additional dependant. It made a $2,000.00 difference in my 2006 return. I am not saying everyone will see that much difference but it will make a difference.

[pushbrk 13,058]

You can file jointly since you married before Dec. 31. I do not think that you have to live together to file jointly. Living together requires to get some credits or deductions. If you file jointly, it should not effect immigration process at all. You will not be able to qualify to get rebate since you will be using ITIN for your spouse rather than SSN. But your standard deduction will increase and you will get one more exemption by filing jointly.

You may also file separately now and amend your return to joint later.

Yes, after she's here and has either an ITIN or SSN. You will already have received your stimulus payment.

[Delicia 1]

Just a side note that filing 'head of household' is a viable alternative to filing as married, if you qualify. It is the status I used to file my 2007 return as I have a dependent child from a previous marriage and my spouse and I have lived apart during the last half of 2007.

[Gaby&Talbert 1]

Just a side note that filing 'head of household' is a viable alternative to filing as married, if you qualify. It is the status I used to file my 2007 return as I have a dependent child from a previous marriage and my spouse and I have lived apart during the last half of 2007.

But still filling jointly gets you a greater return than head of household.