Wife arrived 7-09, do how to get a T.I.N. to deduct her from taxes

[ding 1]

I want to claim my wife as a dependant on my taxes.

My CPA tells me she needs a TIN# (taxpayer identification number).

I haven't filed AOS yet.

How do I go about this?

Thanks!

[notime4haterz 0]

I want to claim my wife as a dependant on my taxes.

My CPA tells me she needs a TIN# (taxpayer identification number).

I haven't filed AOS yet.

How do I go about this?

Thanks!

You cannot claim her as your dependant. You can only file as "married filing jointly"...you need to fill out a W-7 form you can find it on IRS.gov

For spouses overseas, they require an apostille copy of the passport, proving they are citizens of another country other than the US.

I don't know if it's different once they are here.

I'm also confused...if your wife has been here since July 2008, how could you have not filed to adjust her status????? The K3 has a time limit on it.

[Dakine 26]

I want to claim my wife as a dependant on my taxes.

My CPA tells me she needs a TIN# (taxpayer identification number).

I haven't filed AOS yet.

How do I go about this?

Thanks!

You cannot claim her as your dependant. You can only file as "married filing jointly"...you need to fill out a W-7 form you can find it on IRS.gov

For spouses overseas, they require an apostille copy of the passport, proving they are citizens of another country other than the US.

I don't know if it's different once they are here.

I'm also confused...if your wife has been here since July 2008, how could you have not filed to adjust her status????? The K3 has a time limit on it.

The K3 has a time limit on it.

What's the time limit???

[ding 1]

Her K3 expires 13july2010 and the guides flowchart says:

"Apply for Adjustment of Status (AOS). You should file before the K-3 Visa expires. If you have not filed for AOS and your K-3 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status. You may also file for your EAD and AP (if K-3 visa expired) at this time."

My CPA and the form W7 seem to say she can file a non-resident 1040 with her W7 -and can get a ITIN#. She's only been here 169 days. This would seem to allow me to claim her sa a dependant, as she hasn't worked. There's an Acceptance Agent nearby but I think we can do this thing...

Any help is apreciated! Thanks again.

Edited February 21, 2009 by ding

[notime4haterz 0]

http://www.irs.gov/pub/irs-pdf/i1040.pdf

See page 16. You can file as head of household, but then you're considered unmarried. Married filing jointly will get you the most money back.

[notime4haterz 0]

I want to claim my wife as a dependant on my taxes.

My CPA tells me she needs a TIN# (taxpayer identification number).

I haven't filed AOS yet.

How do I go about this?

Thanks!

You cannot claim her as your dependant. You can only file as "married filing jointly"...you need to fill out a W-7 form you can find it on IRS.gov

For spouses overseas, they require an apostille copy of the passport, proving they are citizens of another country other than the US.

I don't know if it's different once they are here.

I'm also confused...if your wife has been here since July 2008, how could you have not filed to adjust her status????? The K3 has a time limit on it.

The K3 has a time limit on it.

What's the time limit???

The K3 is good for 2 years. His signature shows that his process started in Feb 2007 so I thought he was close to the 2 year mark. Besides, AOS can take a really long time for some people...and if the spouse wants to leave the country, they would have to apply for an extension if their AOS is not done, and the K3 has expired.

[rin and john 71]

Her K3 expires 13july2010 and the guides flowchart says:

"Apply for Adjustment of Status (AOS). You should file before the K-3 Visa expires. If you have not filed for AOS and your K-3 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status. You may also file for your EAD and AP (if K-3 visa expired) at this time."

My CPA and the form W7 seem to say she can file a non-resident 1040 with her W7 -and can get a ITIN#. She's only been here 169 days. This would seem to allow me to claim her sa a dependant, as she hasn't worked. There's an Acceptance Agent nearby but I think we can do this thing...

Any help is apreciated! Thanks again.

Ding - As others have said, your wife cannot be a dependent. Your choices for filing are MFS, MFJ, or HOH if you have another qualify dependent. Go to www.IRS.gov and read Publication 519.

Did your wife have income in Thailand before entering the USA last year? If it was less than $87,600 (the foreign income exclusion limit), your best filing status would be MFJ. You will need an ITIN to file MFJ. We did this in Rin's first year. You complete your taxes and the W-7 and send both to the same address (per the W-7 instructions). The IRS office will assign an ITIN and forward your return to the appropriate location.

As an aside, if you file using the ITIN, your wife will not be eligible for the Recovery Rebate

http://www.irs.gov/newsroom/article/0,,id=186065,00.html

for the stimulus package of 2008. So your options are:

1) file AOS along with EAD. Get the EAD within 90 days, then get her a SSN. File your taxes MFJ and she gets $600 recovery rebate (goes a long way towards paying for the AOS!). The only downside is you will have to file to lift conditions as she will receive a conditional GC.

2) With your marriage being August 2007, if you wait to file AOS/EAD until around May, your wife will receive a 10yr GC without the need to lift conditions in two years (this is what Rin and I did). So you could file a tax extension (6 months), get the EAD then SSN, then file your taxes this summer as MFJ and still get the $600 for your wife.

Additionally, how did you file for TY 2007? If you did not file MFJ, you should amend your return and file that way (file 1040X). Would most likely result in you getting money back from the IRS. Your wife did not have to ever be in the USA to be on your return for TY 2007 (Rin and I married October 2006, she did not come to the USA until April 2007, but we filed MFJ for TY 2006).

Let me know if you have specific questions.

John

[rin and john 71]

Her K3 expires 13july2010 and the guides flowchart says:

"Apply for Adjustment of Status (AOS). You should file before the K-3 Visa expires. If you have not filed for AOS and your K-3 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status. You may also file for your EAD and AP (if K-3 visa expired) at this time."

My CPA and the form W7 seem to say she can file a non-resident 1040 with her W7 -and can get a ITIN#. She's only been here 169 days. This would seem to allow me to claim her sa a dependant, as she hasn't worked. There's an Acceptance Agent nearby but I think we can do this thing...

Any help is apreciated! Thanks again.

An alien spouse can elect to be treated as a resident for tax purposes. See page 10 of publication 519. She does not need to file a NR 1040.

[Old Dominion 26]

To answer the question directly, file the W-7 along with the tax return (married filing jointly) and mail it to the address shown on the W-7. First, the IRS willl issue the TIN and then process your return. Married filing jointly is appropriate and promises to save you money on your taxes. Her K-3 status here is of no interest to the IRS.

[payxibka 10,047]

I want to claim my wife as a dependant on my taxes.

My CPA tells me she needs a TIN# (taxpayer identification number).

I haven't filed AOS yet.

How do I go about this?

Thanks!

If you CPA does not know how to do this or to help you... then it is time for a new CPA

[ding 1]

I want to claim my wife as a dependant on my taxes.

My CPA tells me she needs a TIN# (taxpayer identification number).

I haven't filed AOS yet.

How do I go about this?

Thanks!

If you CPA does not know how to do this or to help you... then it is time for a new CPA

Nah, he's always been great. This is a pretty unique situation, ya gotta admit.

There's a thread-the-needle 10yr green card timing situation with us that a CPA wouldn't need to know too.

It looks like the sage advice from John, option2, will be best.

Edited February 21, 2009 by ding

[payxibka 10,047]

I want to claim my wife as a dependant on my taxes.

My CPA tells me she needs a TIN# (taxpayer identification number).

I haven't filed AOS yet.

How do I go about this?

Thanks!

If you CPA does not know how to do this or to help you... then it is time for a new CPA

Nah, he's always been great. This is a pretty unique situation, ya gotta admit.

There's a thread-the-needle 10yr green card timing situation with us that a CPA wouldn't need to know too.

It looks like the sage advice from John, option2, will be best.

I am one... I know this stuff... it is NOT a difficult or unique situation

[moonhunt 1]

As an aside, if you file using the ITIN, your wife will not be eligible for the Recovery Rebate

http://www.irs.gov/newsroom/article/0,,id=186065,00.html

for the stimulus package of 2008. So your options are:

What if one is filing with ITIN for spouse now, then submit amended tax return with SSN later?

I think that should change the situation for "the recovery rebate", right ?

[rin and john 71]

As an aside, if you file using the ITIN, your wife will not be eligible for the Recovery Rebate

http://www.irs.gov/newsroom/article/0,,id=186065,00.html

for the stimulus package of 2008. So your options are:

What if one is filing with ITIN for spouse now, then submit amended tax return with SSN later?

I think that should change the situation for "the recovery rebate", right ?

Correct. The amended return (1040X) would include the recovery rebate.