Jump to content
shrewdgal

Tax Questions

 Share

11 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

Can someone help me??

ok..

We were married in June 2007..so last year we applied for an ITIN and did a joint return. My husband made like 1,000 U.S. dollars so he was below the cut off for having to claim his income. Since we filed with an ITIN we did not receive the stimulus payment. He is also still not here..so I will have to file taxes without him again. Our interview is in February.

Due to Jamaica's economy he had no reportable income for 2008.

ok... my questions

1) Can i reuse the ITIN for this year's return? I am assuming I can.

2) When I tried to file online there was a question "are you both resident of the U.S." Now, I understand that he does not live here BUT being married and filing for a joint return is that the alien spouse is allowed to be considered a resident for tax filing purposes....so do I say YES we both live here?

3) Then when it got to the part about not receiving the stimulus.. it tried to credit that to me and Im not sure that is okay...

so... what do I do??????

ANYONE? HELP?

I LOVE MY HUSBAND!!!!!!!!!!!

10-29-07 Overnighted I-130 to VSC

10-30-07 I-1-30 Received

1-17-08 NOA-1

8-6-08 MOVED TO CSC

8-20-08 Approved!

8-25-08 Received at NVC

8-28-08 DS-3032 emailed

9-5-08 Paid AOS bill online

10-8-08 Paid IV bill online

10-17-08 RFE, DS230

10-28-08 CASE COMPLETE!

2-19-09 INTERVIEW 8:30am, APPROVED

Link to comment
Share on other sites

Filed: Other Country: China
Timeline
Can someone help me??

ok..

We were married in June 2007..so last year we applied for an ITIN and did a joint return. My husband made like 1,000 U.S. dollars so he was below the cut off for having to claim his income. Since we filed with an ITIN we did not receive the stimulus payment. He is also still not here..so I will have to file taxes without him again. Our interview is in February.

Due to Jamaica's economy he had no reportable income for 2008.

ok... my questions

1) Can i reuse the ITIN for this year's return? I am assuming I can.

2) When I tried to file online there was a question "are you both resident of the U.S." Now, I understand that he does not live here BUT being married and filing for a joint return is that the alien spouse is allowed to be considered a resident for tax filing purposes....so do I say YES we both live here?

3) Then when it got to the part about not receiving the stimulus.. it tried to credit that to me and Im not sure that is okay...

so... what do I do??????

ANYONE? HELP?

Honesty is the best policy. It would be untrue to say you are both residents of the USA. It's your choice whether to risk the consequence of a lie.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
Can someone help me??

ok..

We were married in June 2007..so last year we applied for an ITIN and did a joint return. My husband made like 1,000 U.S. dollars so he was below the cut off for having to claim his income. Since we filed with an ITIN we did not receive the stimulus payment. He is also still not here..so I will have to file taxes without him again. Our interview is in February.

Due to Jamaica's economy he had no reportable income for 2008.

ok... my questions

1) Can i reuse the ITIN for this year's return? I am assuming I can.

2) When I tried to file online there was a question "are you both resident of the U.S." Now, I understand that he does not live here BUT being married and filing for a joint return is that the alien spouse is allowed to be considered a resident for tax filing purposes....so do I say YES we both live here?

3) Then when it got to the part about not receiving the stimulus.. it tried to credit that to me and Im not sure that is okay...

so... what do I do??????

ANYONE? HELP?

Honesty is the best policy. It would be untrue to say you are both residents of the USA. It's your choice whether to risk the consequence of a lie.

Well, I agree..but the following publication http://www.irs.gov/businesses/small/intern...d=96370,00.html says that a nonresident spouse is treated as a resident

I dont want to lie..which is why I asked..but according to the above publication .. saying he was a resident would NOT be a lie

I am not trying to "cheat" the government (if that is possible) my question is not whether or not I should lie..but my question is...what answer IS the honest answer?

I LOVE MY HUSBAND!!!!!!!!!!!

10-29-07 Overnighted I-130 to VSC

10-30-07 I-1-30 Received

1-17-08 NOA-1

8-6-08 MOVED TO CSC

8-20-08 Approved!

8-25-08 Received at NVC

8-28-08 DS-3032 emailed

9-5-08 Paid AOS bill online

10-8-08 Paid IV bill online

10-17-08 RFE, DS230

10-28-08 CASE COMPLETE!

2-19-09 INTERVIEW 8:30am, APPROVED

Link to comment
Share on other sites

Filed: Other Country: China
Timeline
Can someone help me??

ok..

We were married in June 2007..so last year we applied for an ITIN and did a joint return. My husband made like 1,000 U.S. dollars so he was below the cut off for having to claim his income. Since we filed with an ITIN we did not receive the stimulus payment. He is also still not here..so I will have to file taxes without him again. Our interview is in February.

Due to Jamaica's economy he had no reportable income for 2008.

ok... my questions

1) Can i reuse the ITIN for this year's return? I am assuming I can.

2) When I tried to file online there was a question "are you both resident of the U.S." Now, I understand that he does not live here BUT being married and filing for a joint return is that the alien spouse is allowed to be considered a resident for tax filing purposes....so do I say YES we both live here?

3) Then when it got to the part about not receiving the stimulus.. it tried to credit that to me and Im not sure that is okay...

so... what do I do??????

ANYONE? HELP?

Honesty is the best policy. It would be untrue to say you are both residents of the USA. It's your choice whether to risk the consequence of a lie.

Well, I agree..but the following publication http://www.irs.gov/businesses/small/intern...d=96370,00.html says that a nonresident spouse is treated as a resident

I dont want to lie..which is why I asked..but according to the above publication .. saying he was a resident would NOT be a lie

I am not trying to "cheat" the government (if that is possible) my question is not whether or not I should lie..but my question is...what answer IS the honest answer?

"Treated as" does not mean "actually is". The question is asking about actuality.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

  • 2 weeks later...
Filed: IR-1/CR-1 Visa Country: Cambodia
Timeline
Can someone help me??

ok..

We were married in June 2007..so last year we applied for an ITIN and did a joint return. My husband made like 1,000 U.S. dollars so he was below the cut off for having to claim his income. Since we filed with an ITIN we did not receive the stimulus payment. He is also still not here..so I will have to file taxes without him again. Our interview is in February.

Due to Jamaica's economy he had no reportable income for 2008.

ok... my questions

1) Can i reuse the ITIN for this year's return? I am assuming I can.

2) When I tried to file online there was a question "are you both resident of the U.S." Now, I understand that he does not live here BUT being married and filing for a joint return is that the alien spouse is allowed to be considered a resident for tax filing purposes....so do I say YES we both live here?

3) Then when it got to the part about not receiving the stimulus.. it tried to credit that to me and Im not sure that is okay...

so... what do I do??????

ANYONE? HELP?

Call the IRS helpline and ask them the question. Make sure you get the employee number of the person responding to you and keep notes on the call including the response, time and date so you have some proof that you made an effort to get this done correctly.

Link to comment
Share on other sites

This link really clear up the fog.

http://www.visajourney.com/forums/index.php?showtopic=109

I think if your spouse's income is not from US sources, you don't have to report it.

It's been a long journey

09-1997 Met my gf - wife now

04-04-1998 Get together

08-03-2003 Admitted to the US as PR

07-24-2005 Finally get married

09-2005 Came together to US for honeymoon, wife on B1 visa, I94 extension approved for 2 x 6 months

04-2007 Fly to visit parents, wife denied entry to US

07-01-2007 File I-130

07-12-2007 NOA1

05-2008 File N-400

09-23-2008 US Citizen

09-31-2008 Submit certificate for upgrades

10-29-2008 Touched

01-07-2009 NOA2

01-12-2009 Case forwarded to NVC

01-16-2009 Case in NVC system

01-20-2009 DS3032 and AOS Fee Bill generated

01-24-2009 AOS Fee Bill received, paid, DS3032 sent by email

01-28-2009 AOS Bill shown paid

01-30-2009 Choice of Agent accepted by email confirmation, paid IV bill

02-02-2009 IV Bill shown paid

02-05-2009 Send AOS Package

02-09-2009 IV Bill received

02-10-2009 Send DS230 Package

02-11-2009 NVC received both packages

02-19-2009 Case completed

02-25-2009 Case forwarded to JAK consulate

04-20-2009 Fingerprint appointment

04-23-2009 Interview date - Success!

05-07-2009 POE - LAX

06-04-2009 No news from USCIS so we go to SS office to apply for SS

06-15-2009 Received welcome notice after calling USCIS 6/11

06-16-2009 Received SS card

06-20-2009 Green Card received

--------2012? Naturalization

Link to comment
Share on other sites

This link really clear up the fog.

http://www.visajourney.com/forums/index.php?showtopic=109

I think if your spouse's income is not from US sources, you don't have to report it.

Your spouse is a non-resident for tax purposes. You must reuse the ITIN. You cannot get the economic stimulus (which sucks) because your spouse is not a resident and uses the ITIN.

You cannot file as single because your prevoiusly filed jointly, you could possibly file as head of household but your tax will likely be higher that way.

In most cases its best to continue to file jointly, because although you cant claim your spouse as a dependent you can claim the exemption and you will pay less tax.

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Jamaica
Timeline

OK... Taxes suck!

I married in June 2007 and I filed single cuz I had no idea of what I was doing, so I stuck to what I've always done.

So this year... I was going to try the whole married thing, lol. But I have found that I still don't know what I'm doing....so here I go:

My hubby has no SS card, no green card (yet), and hasn't visited the states in like forever... so, does this mean I can not use him at all??

06/15/07 Arrive to Jamaica for our wedding

06/20/07 Wedding in Jamaica

07/06/07 Back to US... left my hubby... sad, sad day

07/28/07 Sent I-130

09/07/07 Noa 1

12/17/07 Left for Jamaica for the holidays

01/04/08 Back to USA... man I miss my hubby!! I really enjoyed spending the holidays w/ him...

02/07/08 I-130 approved... another step closer...

03/03/08 Received DS-3032 & I-864 Bill

03/13/08 Sent I-864 fee

03/27/08 Emailed the DS 3032 (hubby never received in mail)

04/02/08 Received notice from NVC that DS 3032 approved... I should be getting something soon, I HOPE

04/07/08 IV fee bill generated

04/14/08 Received I-864 Affidavit of Support... can't wait til this is OVER!!

04/16/08 Mailed off the AOS...

04/23/08 Received the Visa fee bill

05/09/08 Received DS230 letter, will mail this along w/ visa fee soon...

06/11/08 Went to visit my baby...

06/20/08 Celebrated our 1 year Anniversary!!!

06/25/08 Left my hubby... again... HOPEFULLY, this will be the L-A-S-T time!!!

07/23/08 SENT OFF VISA FEE TODAY!! I AM SO EXCITED..HENCE THE ALL CAPS, LOL

10/14/08 Case complete!! Waiting for the interview date.... HURRY PLEASE!!!

01/06/09 Interview date: February 17 @ 7:30AM!!!!!!!

02/03/09 Hubby's dr's appt. (All went well)

02/17/09 Interview day... APPROVED! He should receive his Visa the first week in March.

02/24/09 My bday!! AND hubby was called to pick up his visa!!!! GREAT BDAY GIFT!!

03/27/09 My hubby surprised me at my job!!! Can not believe he's finally here!

Link to comment
Share on other sites

Filed: Other Country: China
Timeline
OK... Taxes suck!

I married in June 2007 and I filed single cuz I had no idea of what I was doing, so I stuck to what I've always done.

So this year... I was going to try the whole married thing, lol. But I have found that I still don't know what I'm doing....so here I go:

My hubby has no SS card, no green card (yet), and hasn't visited the states in like forever... so, does this mean I can not use him at all??

Yes, unless you file the W7 and get him an ITIN. You can always file amended returns after he gets her and has an SSN. That's what I did because we weren't about to risk sending a passport back and forth to get the W7 filed.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

Filed: K-1 Visa Country: Colombia
Timeline

You need to use the same ITIN. Now if you say your husband is in the USA without a SS #. ????? Talk about a RED FLAG. Don't do that. Immigration is one thing. IRS !!!! Don't go there !]

06-10-2008I-130 sent Chicago lock box

10-16-2008 (NOA1)Received Calif service center

10-19-2008 (touch)

10-25-2008 (NOA2) I-130 approval sent to NVC

02-10-2009 Interview

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
You need to use the same ITIN. Now if you say your husband is in the USA without a SS #. ????? Talk about a RED FLAG. Don't do that. Immigration is one thing. IRS !!!! Don't go there !]

ummm you can be in the USA and NOT have a SSN... for example a K-3 can be in the USA for two years before they are even eligible to apply for a SSN... quit calling "wolf" for no reason...

YMMV

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...