Tax question

[Mozinhos 0]

We didn't send her AOS(because we need a co-signer) yet but she has been living with me for over a year. She doesn't have a social security. I don't know how to file her in my taxes. my question is. would be a big deal to file taxes as single or something like that? I don't care about the discount that they give to you when you've a dependent. thank you for u time

[Dakine 26]

We didn't send her AOS(because we need a co-signer) yet but she has been living with me for over a year. She doesn't have a social security. I don't know how to file her in my taxes. my question is. would be a big deal to file taxes as single or something like that? I don't care about the discount that they give to you when you've a dependent. thank you for u time

Are you married?

[Gary and Alla 3,694]

We didn't send her AOS(because we need a co-signer) yet but she has been living with me for over a year. She doesn't have a social security. I don't know how to file her in my taxes. my question is. would be a big deal to file taxes as single or something like that? I don't care about the discount that they give to you when you've a dependent. thank you for u time

If she does not have an SSN you cannot claim her on your taxes as a dependent. If she has been out of status for more than 180 days you may have other problems and if you are married and expect to file AOS as married, they will want to see her name on your tax return if you have been together more than a year.

It would not be a "big deal" for the IRS if you file "single" and pay more tax, they never complain about that, you can tell because when was the last time a politician came forward and said "Oops, I made an honest mistake on my taxes and paid $63,000 TOO MUCH" ???? But could cause you problems with AOS if her name is not on that return.

That being the case, I would list her name and file "married filing jointly" and not list the SSN. Calculate your tax at the higher single rate and pay that. You may have to deal with a question from the IRS but they will not complain too much IF you paid the correct tax. Without an SSN for her you cannot file electronically if you list her name. The electronic filings are connected into the SS files and her SSN has to match the name on file.

[payxibka 10,045]

you are just figuring this out now?

[Cino 5]

I assume you are married. Your best bet is to file with your wife together, "Married, Filing Jointly".

It does not matter if she has a SS# or not, but you have to explain this on a piece of paper, otherwise

IRS will think that you have forgotten to fill your wife's SS#. I don't want to go in details here, but you can

not have some credits like EIC (Earned Income Credit) etc....

Try to do your taxes on your own, because if you go to any tax preparation office since they file electronically,

your return will not go through due to lack of your spouse's SS# & sometimes those kind of offices do not understand

this kind of filing anyway !..

GOOD LUCK !......

HERE IS MY TIMELINE :

I-130 mailed 01/13/09

I-130 received by USCIS 01/16/09

NOA1 Mail for I-130 received 01/22/09

I-485 Package mailed 02/17/09

I-485 Package received by USCIS 02/20/09

NOA1 Mail for I-485 & I-765 received 02/26/09

NOA2 e-mail for I-130 Approval 03/03/09 (47 Days)

NOA2 Hard Copy of I-130 Approval received 03/07/09

Biometrics Done 03/24/09

REAL WAIT BEGINS .........

NOTE : I DID NOT APPLY FOR AP (I-131) AND STILL CAN'T SEE ON-LINE STATUS FOR AOS & EAD !.....

Edited April 6, 2009 by Cino

[Mozinhos 0]

thanks for all the replies. I try filling my taxes online and I didn't let me go through without her social. Do you guys think it be okay if I send 1040 with a explanation ? thx again . By the way, we are married and she's here on her K-3

[Eric-Pris 1,606]

You definitely dont want to file as single. The USCIS will have a problem with that.

You have 2 options:

1. send a paper tax return (old school way ) and under her SSN, write "pending".

2. apply for an ITIN (individual taxpayer identification number)* for her to be able to include her

*go to www.irs.gov for more info on how to do this

[Gary and Alla 3,694]

thanks for all the replies. I try filling my taxes online and I didn't let me go through without her social. Do you guys think it be okay if I send 1040 with a explanation ? thx again . By the way, we are married and she's here on her K-3

OK, then you are not out of status.

[ding 1]

We didn't send her AOS(because we need a co-signer) yet but she has been living with me for over a year. She doesn't have a social security. I don't know how to file her in my taxes. my question is. would be a big deal to file taxes as single or something like that? I don't care about the discount that they give to you when you've a dependent. thank you for u time

She's not a dependant but you need to file MFJ.

A W7 form gives her an Immigrant Taxpayer Identification Number. ITIN.

File a W7 form with your MFJ tax return. Send both to the address stated on the W7. They give her an ITIN and forward your return and process it as Married Filing Jointly.

Publication 519, pg 10 talks about the statement you send if you want to amend the prior year's return so you get money back by filing jointly for that year too. She needs the ITIN # to file if you have no SS# yet.