Tax ? Please Help

[Marchlyne 0]

My Hubby and I have been married since 06 he does not reside in the USA with me. How do I include him in my income tax this year, I usually filed HEAD OF HOUSEHOLD. I applied for the I 130 on his behalf already. I just need to know how to file my tax return when hubby is aboard with no SSN # Please Hepl

Edited January 13, 2009 by Marchlyne

[payxibka 10,047]

My Hubby and I have been married since 06 he does not reside in the USA with me. How do I include him in my income tax this year, I usually filed HEAD OF HOUSEHOLD. I applied for the I 130 on his behalf already. I just need to know how to file my tax return when hubby is aboard with no SSN # Please Hepl

Needs an ITIN (Individual Taxpayer Identification Number)

google "Form W-7" which is available on the IRS website

[moonhunt 1]

My Hubby and I have been married since 06 he does not reside in the USA with me. How do I include him in my income tax this year, I usually filed HEAD OF HOUSEHOLD. I applied for the I 130 on his behalf already. I just need to know how to file my tax return when hubby is aboard with no SSN # Please Hepl

I applied ITIN for my wife, and it was o.k. with tax return purpose.

When your hubby have social security number assigned, you can contact IRS to update the information.

ITIN is special range starting with 9, which can not be used for working and/or labor-related income report.

[NickD 203]

During the initial phase, I put my faith in both my tax and immigration attorneys, was told after my wife and and her daughter received their notice of arrival, are here legally, but still could not apply for an SS#. Tax attorney told me I could include them as dependents, well the daughter, not the wife, she was on the joint return, but the key element as I recall, was they were both household members. Apparently, your husband is not a household member if living in a different country, ha, would call either a good tax attorney or contact the IRS directly, but prefer a good tax attorney, as like the USCIS, no telling what kind of answer you will get from the IRS. I just left the SS section blank, no problems, no audits, but were included in the next years tax returns as both were eligible to get that card.

But you are posting this in the USC section of this board, seems if your husband is not living with you, a prime necessity for the N-400 application, can't even apply for that.

I am certainly not the kind of guy that runs to an attorney every five minutes, matter of fact, try everything to avoid them like plague. But when dealing with government agencies, learned the hard way, far cheaper to get it right before the fact than after, very expensive after.

IRS lists 1095 different forms and has over 11,000 pages of regulation, this is totally stupid, wrote my congressman on this issue, feel he is way too busy running for reelection to do anything about it. And when dealing with even other governmental agencies, they don't give a damn if you are married or even living with direct relatives, just interested in total household income. Tempted at times to burn everything down and start from scratch, what a mess our government is. But we are only one person that has to deal with all this #######, and if the federal isn't bad enough, have the state, county, township, and city to deal with as well.

[moonhunt 1]

US immigration law and Tax law is different.

Even if you are not living together, and if you married, you can claim your spouse as dependent no matter where he/she lives.

For that matter, you need to get his/her ITIN if he/she doesn't have SSN.

IRS becomes more strict about issuing ITIN number, so you should have notarized copy of the passport identity, and others.

When he/she gets SSN, he/she can reply back to IRS with ITIN/SSN info, so they can update the info from their system.

[NickD 203]

Isn't it fun dealing with different government agencies? Know that the USCIS loves to see a joint return as proof you are living together, but if you are not living together, dead lost on this subject.

I was encouraged to file head of household after my legal separation from my ex, no longer a part of my household and received full custody of my kids, but the final divorce was still pending. Really doubt if my ex would have signed a joint return, she wasn't in the best spirits.

Not that much of a gain in taxes by either filing separately or jointly, if you use the standard deduction, they are the same, but substantially higher than filing head of household, an extra $2,900.00 if filing jointly as opposed to filing head of household, but that is only true if you do not itemize. And you get two exemptions filing either jointly or as head of household. Kind of verifies that two must live as cheaply as one.

What I don't know is, if you are married are you permitted to file head of household even if your spouse is not living with you, I was some years ago, 1996 to be exact, but tax laws change every year.

But just fail to see the advantage of claiming a spouse on your tax return, unless trying to get that extra 2,900 bucks in the standard deduction, don't believe a spouse can be claimed as a dependent, but as an exemption and only on a joint return

IRS doesn't care if you file separately or jointly, but would question when a person files head of household, don't like giving that exemption for free without proof at times, but then the standard deduction just about takes away that extra deduction. USCIS likes to see a joint return, but as additional proof that you are living together.

Doesn't make sense to me why one would want to claim a spouse in the OP's kind of situation.

[payxibka 10,047]

What I don't know is, if you are married are you permitted to file head of household even if your spouse is not living with you, I was some years ago, 1996 to be exact, but tax laws change every year.

But just fail to see the advantage of claiming a spouse on your tax return, unless trying to get that extra 2,900 bucks in the standard deduction, don't believe a spouse can be claimed as a dependent, but as an exemption and only on a joint return

A person can file HOH if they have a non-resident alien spouse and if they have other qualifying dependents, by special exception.

Correct, a spouse cannot be claimed as a dependant

[doodlebugg 10]

My Hubby and I have been married since 06 he does not reside in the USA with me. How do I include him in my income tax this year, I usually filed HEAD OF HOUSEHOLD. I applied for the I 130 on his behalf already. I just need to know how to file my tax return when hubby is aboard with no SSN # Please Hepl

If you are filing head of household and he hasn't resided in the US for the majority of the year you do not need to include him in your tax return at all.

[payxibka 10,047]

My Hubby and I have been married since 06 he does not reside in the USA with me. How do I include him in my income tax this year, I usually filed HEAD OF HOUSEHOLD. I applied for the I 130 on his behalf already. I just need to know how to file my tax return when hubby is aboard with no SSN # Please Hepl

If you are filing head of household and he hasn't resided in the US for the majority of the year you do not need to include him in your tax return at all.

Correct, if you want to include him on your tax return then you will file Married Filing Joint (non-resident alien will require a ITIN or SSN)

Edited January 14, 2009 by payxibka

[Marchlyne 0]

Thank you all for the quick response, what I need to know is since I am married, and my husband resides in another country with no SSN. Do I file MARRIED or Head of household? If I need to file married do I need SSN for my husband. I am not trying to claim my husband as a dependent.

Thank you all for your help