K-3 status and filing taxes

[notime4haterz 0]

Just wondering if anyone knows whether or not we're allowed to claim our spouses on our taxes? Even if they don't yet have residency? And are living overseas?

I'm going to check with an accountant once I get my W-2 back. Just wondering if anyone already has some answers?

[YuAndDan 153]

Yes you can, you will need to apply for an ITIN from IRS to be able to file a joint return.

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

[prince+angel 3]

Cool was wondering about this info myself

[ronald dallas 0]

yes you can but your wife will have to fill out a W-7 form.

Call the IRS and they will tell you what you have to do.

[Y's_habibitk 2]

Im sorry, but do you mean "claim" him as a dependent, or just filing married?

You cannot claim your spouse as a dependent.

Here is a link that breaks it all down for you by status and options

http://www.irs.gov/publications/p17/ch02.h...ublink100032144

Im sorry, but do you mean "claim" him as a dependent, or just filing married?

You cannot claim your spouse as a dependent.

Here is a link that breaks it all down for you by status and options

http://www.irs.gov/publications/p17/ch02.h...ublink100032144

[notime4haterz 0]

Well either married filing jointly or head of household. Basically I'd like to NOT have to file single this year. They take SO MUCH from me in taxes. So if I can file any way other than single, it's better.

[LoveMyTico 999]

I think if you support your spouse financially you can claim them. 5 People instead of 4 is better for me.

[Reba 2]

If you're married, you're married, doesn't matter where your spouse lives, you have to file as married.

Your spouse will have to complete a W7 form, and you will have to claim any income that your spouse has. The foreign spouse is tax exempt up to I think $87,000.

[LoveMyTico 999]

If you're married, you're married, doesn't matter where your spouse lives, you have to file as married.

Your spouse will have to complete a W7 form, and you will have to claim any income that your spouse has. The foreign spouse is tax exempt up to I think $87,000.

Then do I need his last paystub from 2008? HMMMMM or can I just estimate his earnings based on his hourly rate I wonder?

[Y's_habibitk 2]

If you're married, you're married, doesn't matter where your spouse lives, you have to file as married.

Your spouse will have to complete a W7 form, and you will have to claim any income that your spouse has. The foreign spouse is tax exempt up to I think $87,000.

actually there are criteria listed in the link i provided to Narina. If you fit these, you can file head of household, because you are "considered unmarried".

[LoveMyTico 999]

Nonresident alien spouse. You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household

[rin and john 71]

Read this thread:

http://www.visajourney.com/forums/index.ph...=170514&hl=

And this one:

http://www.visajourney.com/forums/index.ph...=172369&hl=

The same questions keep popping up every year. I think there should be a pinned section or even a guide on taxes (with links to the pertinent IRS publications since they potentially change every year).

Unless your spouse made over $87,000 of foreign income, you will most likely benefit from filing MFJ. You will need a W-7, a notarized copy of her ID (passport - can be done at the embassy), and a letter attached to your return stating your non-resident alien spouse wishes to be treated as a resident alien for tax purposes.

[pushbrk 12,877]

If you're married, you're married, doesn't matter where your spouse lives, you have to file as married.

Your spouse will have to complete a W7 form, and you will have to claim any income that your spouse has. The foreign spouse is tax exempt up to I think $87,000.

While filing as married is the correct status, there are no consequences for filing single and then later, when the spouse has an SSN or ITIN, simply amending the return. Filing a W7 is made cumbersome and risky by the need for the passport in hand. We weren't about to risk mailing passports from and to China. The alternative is finding an IRS office abroad to attest to the validity of a copy.

[rin and john 71]

If you're married, you're married, doesn't matter where your spouse lives, you have to file as married.

Your spouse will have to complete a W7 form, and you will have to claim any income that your spouse has. The foreign spouse is tax exempt up to I think $87,000.

While filing as married is the correct status, there are no consequences for filing single and then later, when the spouse has an SSN or ITIN, simply amending the return. Filing a W7 is made cumbersome and risky by the need for the passport in hand. We weren't about to risk mailing passports from and to China. The alternative is finding an IRS office abroad to attest to the validity of a copy.

Rin and I went to the US Embassy in Bangkok to have the validity of her ID (passport) "attested". Agree that if the embassy is too far away or it is impossible to file the W-7, then I agree with the amended return path (although I think this is more "cumbersome" than filing the W-7 with the initial return).

[Y's_habibitk 2]

If you're married, you're married, doesn't matter where your spouse lives, you have to file as married.

Your spouse will have to complete a W7 form, and you will have to claim any income that your spouse has. The foreign spouse is tax exempt up to I think $87,000.

While filing as married is the correct status, there are no consequences for filing single and then later, when the spouse has an SSN or ITIN, simply amending the return. Filing a W7 is made cumbersome and risky by the need for the passport in hand. We weren't about to risk mailing passports from and to China. The alternative is finding an IRS office abroad to attest to the validity of a copy.

It is A correct status, not the only correct status.

But, yep..you can amend later.