ITIN application (W-7 IRS form)

[php2 0]

TO: Beneficiaries

Scenario:

Marriage year: 2008

Petitioner's tax status: Married, filing separately

Beneficiary's tax status: Non Resident Alien with No Dependents, Not Engaged in US Trade, Business or Profession ; Married, filing separetely

I-130 petition status: still in process

QUESTIONS:

Have you already applied for an ITIN (IRS W-7 form) to be attached to the 2008 income tax return?

If so, did you attach the W-7 form to the front of your petitioner's tax return OR to your own tax return?

Which is the best thing to do, petitioner filing as 'single and then later amend the tax return' OR petioner filing as 'married, filing separately?'

Just confused

-php2

[Giskat09 2]

I am in a hurry to submit the W7 form together with my red ribboned passport and marriage contract for my husband to ammend his tax as married.. the deadline is April 15..I dunno if this is the exact date or what..

[CaNdiD wiTcH 0]

Husbie filed as single. We will just ammend it when I get there.

We are suppose to file 1040 with W7 and my certified passport copy but since we got the approval, we have chosen the easiest way.

[Giskat09 2]

Husbie filed as single. We will just ammend it when I get there.

We are suppose to file 1040 with W7 and my certified passport copy but since we got the approval, we have chosen the easiest way.

Candid witch, can we ammend it on June or July? WE got approved and im afraid that this might cause some confusion or delays or whatever to NVC and USEM.

[His_Wifey 1]

Husbie filed as single. We will just ammend it when I get there.

We are suppose to file 1040 with W7 and my certified passport copy but since we got the approval, we have chosen the easiest way.

Candid witch, can we ammend it on June or July? WE got approved and im afraid that this might cause some confusion or delays or whatever to NVC and USEM.

my husband filed as single since im still in my country and not in the usa... is that the best way??

[Giskat09 2]

His_Wifey: This is normal since you have no SSN with you, your husband will file as single. Same with my husband - still single in his tax.

For your husband to be able to file as MARRIED - you need to send a new W-7 form to be filled up by you, marriage contract and passport and send it to him so that he can ammend it..

Here is the link TAX AMMEND

[CaNdiD wiTcH 0]

Husbie filed as single. We will just ammend it when I get there.

We are suppose to file 1040 with W7 and my certified passport copy but since we got the approval, we have chosen the easiest way.

Candid witch, can we ammend it on June or July? WE got approved and im afraid that this might cause some confusion or delays or whatever to NVC and USEM.

When To File

Form 1040X must be filed within 3 years after the date you filed the original return or within 2 years after the date you paid the tax,

whichever is later. A return filed early is considered filed on the due date.

[His_Wifey 1]

His_Wifey: This is normal since you have no SSN with you, your husband will file as single. Same with my husband - still single in his tax.

For your husband to be able to file as MARRIED - you need to send a new W-7 form to be filled up by you, marriage contract and passport and send it to him so that he can ammend it..

Here is the link TAX AMMEND

thanks jiskat... so i can do so when i get into the US and have SSN... doesnt really need it now right?

[CaNdiD wiTcH 0]

His_Wifey: This is normal since you have no SSN with you, your husband will file as single. Same with my husband - still single in his tax.

For your husband to be able to file as MARRIED - you need to send a new W-7 form to be filled up by you, marriage contract and passport and send it to him so that he can ammend it..

Here is the link TAX AMMEND

thanks jiskat... so i can do so when i get into the US and have SSN... doesnt really need it now right?

You have 2 choices.

1. File Married Separately or Jointly using W7 attached to your husband's 1040.

2. File single then ammend it on a later stage when you already have SSN.

[His_Wifey 1]

His_Wifey: This is normal since you have no SSN with you, your husband will file as single. Same with my husband - still single in his tax.

For your husband to be able to file as MARRIED - you need to send a new W-7 form to be filled up by you, marriage contract and passport and send it to him so that he can ammend it..

Here is the link TAX AMMEND

thanks jiskat... so i can do so when i get into the US and have SSN... doesnt really need it now right?

You have 2 choices.

1. File Married Separately or Jointly using W7 attached to your husband's 1040.

2. File single then ammend it on a later stage when you already have SSN.

Thanks Candid.... i guess we ll go for option 2

[Giskat09 2]

His_Wifey: This is normal since you have no SSN with you, your husband will file as single. Same with my husband - still single in his tax.

For your husband to be able to file as MARRIED - you need to send a new W-7 form to be filled up by you, marriage contract and passport and send it to him so that he can ammend it..

Here is the link TAX AMMEND

thanks jiskat... so i can do so when i get into the US and have SSN... doesnt really need it now right?

You have 2 choices.

1. File Married Separately or Jointly using W7 attached to your husband's 1040.

2. File single then ammend it on a later stage when you already have SSN.

Thanks Candid.... i guess we ll go for option 2

I was thinking for the option 1 since I am also after the tax refund next year.. it will be double amount.. It can be an additional proof of our relationship.. We will give it a try.

Edited March 29, 2009 by jiskat08

[php2 0]

Hi guys,

We finally know the answer! Our reference is the IRS itself.

The best and correct way to do is to file as "Married, Filing Jointly."

And the forms/statements needed are:

1) Form W-7 (March 2009 Rev) with supporting documents (signed by the beneficiary)

2) Form 1040 Joint Income Tax Return with attachments (signed by both)

3) Form 2555-EZ for Foreign Income Exclusion

4) Statement / Declaration for the treatment as resident aliens for tax purposes (signed by both)

We still have one more week before the April 15 deadline.

[Giskat09 2]

Hi guys,

We finally know the answer! Our reference is the IRS itself.

The best and correct way to do is to file as "Married, Filing Jointly."

And the forms/statements needed are:

1) Form W-7 (March 2009 Rev) with supporting documents (signed by the beneficiary)

2) Form 1040 Joint Income Tax Return with attachments (signed by both)

3) Form 2555-EZ for Foreign Income Exclusion

4) Statement / Declaration for the treatment as resident aliens for tax purposes (signed by both)

We still have one more week before the April 15 deadline.

Thanks for the info But what is Form 2555-EZ for Foreign Income Exclusion???

[php2 0]

Hi jiskat08,

Form 2555-EZ is about the Beneficiary (Foreigner) Earned Income Exclusion which means that:

The Beneficiary's earned income can be excluded for joint income tax computation. The total amount of the Beneficiary's foreign income will be included on Form 2555-EZ as well as on Form 1040 (Line 21 as deduction).

[Giskat09 2]

Hi jiskat08,

Form 2555-EZ is about the Beneficiary (Foreigner) Earned Income Exclusion which means that:

The Beneficiary's earned income can be excluded for joint income tax computation. The total amount of the Beneficiary's foreign income will be included on Form 2555-EZ as well as on Form 1040 (Line 21 as deduction).

Can we download that form?

what about the Statement / Declaration for the treatment as resident aliens for tax purposes (signed by both)? is this a letter that we should write or what?